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Agenda 2023 06-05
NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175, Wilmington, NC 28403 P. (910) 798-7149 1 F: (910) 798-7145 1 NHCgov.com Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair Jonathan Barfield, Jr., Commissioner I Dane Scalise, Commissioner I Rob Zapple, Commissioner J U N E 5, 2023 4:00 P M MEETING CALLED TO ORDER (Chair Bill Rivenbark) INVOCATION (Reverend Dr. Patricia L. Freeman, St. Phillip AME Church) PLEDGE OF ALLEGIANCE (Commissioner Dane Scalise) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Personnel Policy Changes 3. Adoption of Budget Amendments 4. Grant Funds Request Approval for Department of Homeland Security/Federal Emergency Management Agency. 5. First Reading: Approval of Solid Waste Franchise Agreement for Salty Bins, LLC 6. Register of Deeds Fee Schedule Revision 7. Request to approve March 2023 Tax Collection Reports 8. Request to approve April 2023 Tax Collection Reports ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 9. Consideration of National Men's Health Month Proclamation 5 10. Consideration of Pride Month Proclamation 20 11. 2023 Annual Community Child Protection Team Report 20 12. Public Hearing on the FY2023-2024 Recommended Budget 20 13. Public Hearing on Economic Development and Economic Incentives Appropriations 45 14. Public Hearing Text Amendment Request (TA23-02) - Request by New Hanover County Planning & Land Use to amend Section 10.2.3 Community I nformation Meeting to clarify expectations and standards for Community Information Meetings required for applications for conditional rezonings, planned developments, and intensive industry special use permits. 45 15. Public Hearing Board of Commissioners - June 5, 2023 Rezoning Request (Z23-09) - Request by Rob Tanner with Impeccable Development, applicant, on behalf of Andrea Jones, Gwendolyn Horton, Christin Deener, Dwayne Barr, and Kimberlee Barr, property owners, to rezone seven (7) parcels totaling approximately 11.77 acres of land located at 6800, 6808, 6814, 6818, 6820, 6824, and 6828 Carolina Beach Road from R-15, Residential to 2.37 acres of (CZD) B-1, Neighborhood Business and 8.6 acres acres of (CZD) RMF-M, Residential Multi -Family - Moderate Density for a convenience store with fuel stations and a maximum 128 unit multi -family development. (See page 1 of the attached staff report for a reference map). 45 16. QUASI -JUDICIAL HEARING Special Use Permit Request (S23-02) - Request by Lynda Kachman with Rising Stars of North Carolina, LLC, applicant, on behalf of Sandfiddler Properties, LLC, property owner, for the use of Child Care Center at the approximately 0.82- acre parcel located at 320 Van Dyke Drive, zoned 1-1, Light I ndustrial. PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 17. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 18. 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 - June 5, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 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: Regular Meeting held on May 1, 2023 Agenda Review held on May 11, 2023 Regular Meeting held on May 15, 2023 STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 5, 2023 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Consent DEPARTMENT: Human Resources PRESENTER(S): Mark Francolini, Chief Human Resources Officer CONTACT(S): Mark Francolini SU BJ ECT: Personnel Policy Changes BRIEF SUMMARY: The attached personnel policy changes are being submitted for your consideration and approval. The recommended change to the personnel policies related to overtime (Sections 3.9 and 3.9.2) is less restrictive, therefore, allowing the County discretion in determining the overtime rate for non-exempt employees as allowed under the Fair Labor Standards Act (FLSA). Following is a summary of the changes: Article 3 — The Pay Plan The first recommended policy revision (Section 3.9) removes current restrictions as allows the County discretion to determine the overtime rate paid to employees classified as non-exempt under the Fair Labor Standards Act (FLSA). This includes using discretion to apply the exemption under section 207(k) of the FLSA as it relates to sworn law enforcement personnel and firefighters. The second recommended revision (Section 3.9.2) removes the directive for supervisors to change work schedules when overtime becomes necessary, because in some cases changing work schedules may not be possible. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Personnel Policy Changes. ATTACHMENTS: Recommended changes to the policy sections, with mark-ups Adopted policies, if recommended re\isions are approved COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - June 5, 2023 ITEM: 2 Recommend adoption. COMMISSIONERS' ACTIONS: Adopted 5-0. Board of Commissioners - June 5, 2023 ITEM: 2 NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES ARTICLE 3: THE PAY PLAN 3.9 Overtime Pay The Human Resources Department determines whether positions are exempt or non-exempt from overtime under the Fair Labor Standards Act (FLSA) guidelines for FLSA classification of positions. Generally speaking, Employees employees classified as non-exempt from the FLSA shall will be paid overtime at the rate of time -and -one-half for all hours worked in excess of forty (40) hours in the County's 7-day work week (Tuesday -Monday), unless the County exercises its discretion to pay overtime to non-exempt positions at a different rate allowed under the FLSA. This includes but is not limited to using discretion to apply the exemption in section 207(k) of the FLSA. As exempted in section 207(k) of the FLSA, non-exempt sworn law enforcement personnel shall be paid overtime for all hours worked in excess of 171 hours in a 28- day work period and non-exempt firefighters shall be paid overtime for all hours in excess of 212 hours in a 28-day work period. 3.9.1 Overtime Pay and Other Paid Leave Time spent in personal, sick, holiday, administrative or other paid leave is not counted as time worked in computing hours towards the threshold for overtime pay. 3.9.2 Overtime Liability: Supervisor's Responsibility to Minimize Supervisors soma rLarrange work schedules of employees so that overtime work is not necessary. However, when it is unavoidable, supervisors should exhaust all alternatives to direct overtime pay, as described herein: a. Time off during the same work week —Supervisors may require employees to take time off without pay on an hour -for -hour basis during the same work week in which the daily overtime is worked to keep them from working more than 40 hours in that work week. b. Time off in the second work week of the pay period —If employees work over 40 hours in the first work week of the pay period, overtime must be paid for those hours in excess of 40. However, supervisors may offset the overtime salary cost by requiring them to take time off without pay at the time -and - one -half rate in the second workweek of the pay period so that the employee's pay check will reflect the normal pay for a pay period. Established: May 1977 Article 3 - The Pay Plan Page 1 Last Revised: '��'�nJune 5, 2023 Board of Commissioners - June 5, 2023 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES ARTICLE 3: THE PAY PLAN 3.9 Overtime Pay The Human Resources Department determines whether positions are exempt or non-exempt from overtime under the Fair Labor Standards Act (FLSA) guidelines for FLSA classification of positions. Generally speaking, employees classified as non-exempt from the FLSA will be paid overtime at the rate of time -and -one-half for all hours worked in excess of forty (40) hours in the County's 7-day work week (Tuesday -Monday), unless the County exercises its discretion to pay overtime to non-exempt positions at a different rate allowed under the FLSA. This includes but is not limited to using discretion to apply the exemption in section 207(k) of the FLSA. As exempted in section 207(k) of the FLSA, non-exempt sworn law enforcement personnel shall be paid overtime for all hours worked in excess of 171 hours in a 28- day work period and non- exempt firefighters shall be paid overtime for all hours in excess of 212 hours in a 28-day work period. 3.9.1 Overtime Pay and Other Paid Leave Time spent in personal, sick, holiday, administrative or other paid leave is not counted as time worked in computing hours towards the threshold for overtime pay. 3.9.2 Overtime Liability: Supervisor's Responsibility to Minimize Supervisors may arrange work schedules of employees so that overtime work is not necessary. However, when it is unavoidable, supervisors should exhaust all alternatives to direct overtime pay, as described herein: a. Time off during the same work week —Supervisors may require employees to take time off without pay on an hour -for -hour basis during the same work week in which the daily overtime is worked to keep them from working more than 40 hours in that work week. b. Time off in the second work week of the pay period —If employees work over 40 hours in the first work week of the pay period, overtime must be paid for those hours in excess of 40. However, supervisors may offset the overtime salary cost by requiring them to take time off without pay at the time -and - one -half rate in the second workweek of the pay period so that the employee's pay check will reflect the normal pay for a pay period. Established: May 1977 Last Article 3 - The Pay Plan Page 1 Revised: June 5, 2023 Board of Commissioners - June 5, 2023 ITEM: 2 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Consent DEPARTMENT: Budget PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle, Chief Financial Officer and Michelle Daniels, Budget Officer SU BJ ECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2023. Capital Project Fund 23-072 Bond Service Charges 23-073 STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: 23-072 23-073 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 5, 2023 ITEM: 3 AGENDA: June 5, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Increase access to programs to prevent and reduce obesity Fund: General Ex enditure: Decrease Increase Total BA 23-072 Operating Expense $ (2,150,000) $ (2,150,000) BA 23-072 Transfer to Capital Project Fund $ 2,150,000 $ 2,150,000 Total $ (2,150,000)1 $ 2,150,000 11 $ - Fund: Capital Improvement Projects Expenditure: Decrease Increase Total BA 23-072 Northside Grocery Co-op $ 2,150,000 $ 2,150,000 Total $ - $ 2,150,000 $ 2,150,000 Revenue: Decrease Increase Total BA 23-072 Transfer from General Fund $ 2,150,000 $ (2,150,000) Total $ - 1 $ 2,150,000 $ (2,150,000) Prior to Total if Actions Actions Today Taken Capital Project Budget $ 300,000 $ 2,450,000 Appropriated Fund Balance $ 28,446,575 $ 28,446,575 Section 2: Explanation BA 23-072 moves existing costs budgeted in FY23 into a capital project fund for the Northside Grocery Co-op to be spent on design and capital costs. Appropriated fund balance remains as adopted. This site is located within a USDA designated food desert and would be used to develop a small-scale, full -service, affordable grocery store in the Northside Community. This would offer Northside residents a convenient and accessible location to access fresh, healthy food. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 23-072 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 5th day of June, 2023. (SEAL) William E. Rivenbark, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 5, 2023 ITEM: 3 - 1 - 1 AGENDA: June 5, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Proactively manage the county budget Fund: General Fund Expenditure: Decrease increase Total BA 23-073 Bond Service Charges $ 67,141 $ 67,141 Total $ - $ 67,141 $ 67,141 Revenue: Decrease increase Total BA 23-073 General Fund $ 67,141 $ 67,141 Total $ - $ 67,141 $ 67,141 Prior to Actions Toda General Fund Budget $ 407,950,119 Fund: Capital Improvement Projects Total if Actions Taken $ 408,017,260 Expenditure: Decrease increase Total BA 23-073 Bond Service Charges $ 87,955 $ 87,955 Total $ - 1 $ 87,955 $ 87,955 Revenue: Decrease increase Total BA 23-073 Ogden Park Maintenance Facility $ 6,235 $ 6,235 BA 23-073 Hanover Pines Nature Park $ 14,271 $ 14,271 BA 23-073 Sheriff Vice & Detectives Facility $ 67,449 $ 67,449 Total 1 $ 87,955 $ 87,955 Prior to Actions Toda Capital Project Fund Budget $ 67,327,950 Total if Actions Taken $ 67,415,905 Page 1 Board of Commissioners - June 5, 2023 ITEM: 3 - 2 - 1 Fund: CFCC Health Program Expansion Capital Proiect Fund Expenditure: Decrease Increase Total BA 23-073 Bond Services Charges $ 162,326 $ 162,326 Total $ - I $ 162, Is 162,326 Revenue: Decrease increase Total BA 23-073 CFCC Building Purchase $ 162,326 $ 162,326 Total $ - $ 162,326 $ 162,326 Prior to Actions Toda Capital Project Fund Budget $ 13,874,923 Fund: Environmental Management Total if Actions Taken $ 14,037,249 Expenditure: Decrease increase Total BA 23-073 Bond Service Charge $ 17,700 $ 17,700 Total $ - $ 17,700 $ 17,700 Revenue: Decrease increase Total BA 23-073 Environmental Management Fund $ 17,700 $ 17,700 Total $ - $ 17,700 $ 17,700 Prior to Actions Today Environmental Mgt Fund Budget $ 24,175,722 Total if Actions Taken $ 24,193,422 Section 2: Explanation BA 23-073 is required to appropriate funds to pay for necessary issuance costs related to the 2023 Limited Obligation Bonds. Bond proceeds are used to pay these costs and as such no fund balance appropriation is required. Issuance cost includes, but is not limited to, outside counsel, financial advisor, underwriters discount, rating agency fees, and local government commissioner fees. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 23-073 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 5th day of June, 2023. (SEAL) William E. Rivenbark, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Page 2 Board of Commissioners - June 5, 2023 ITEM: 3 - 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Consent DEPARTMENT: Sheriff PRESENTER(S): Chief Deputy Ken Sarvis, New Hanover County Sheriffs Office CONTACT(S): Chief Deputy Ken Sarvis SU BJ ECT: Grant Funds Request Approval for Department of Homeland Security/Federal Emergency Management Agency. BRIEF SUMMARY: The Sheriff's Office requests approval to apply for the 2023 Homeland Security, Port Security Grant Program (HSGP). The total amount requested is $533,670 with a 25% match of $133,417. The match amount is available within the FY23-24 recommended budget. Grant funds $400,253 25% match 5133,417 Total $533,670 The Port Security Grant is used to fund equipment for enforcement activity related to the Port of Wilmington and the waterways surrounding New Hanover County. The request includes diving equipment and training, night vision equipment, handheld x-ray machine, first aid kits, gas masks, long range acoustic devices and trailer for emergency / disaster gear. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Increase individual resident and business preparedness for emergencies RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submission of application for the 2023 Port Security Grant. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend grant submission approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 5, 2023 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joey Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise Agreement for Salty Bins, LLC BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about business organization, equipment, personnel, and fiscal responsibility. The Environmental Management Director has no objection to the franchise request. The franchise period would run for seven years. The County currently has 23 active franchise agreements. All franchise agreements shall now include the following requirements: Should franchisee provide curbside collection for services; franchise must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must take their own determination as to suitability of provider and services. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Deliver quality service at the right time RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Solid Waste Franchise Agreement Supporting Document COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval of award. Board of Commissioners - June 5, 2023 ITEM: 5 COMMISSIONERS' ACTIONS: Award approved 5-0. Board of Commissioners - June 5, 2023 ITEM: 5 New Hanover County Contract # 23-0453 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2023, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" SALTY BINS L.L.C., a North Carolina limited liability company, with its principal mailing address at 8209 Market Street Suite A #195 Wilmington, NC 28411, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling. Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - June 5, 2023 ITEM: 5 - 1 - 1 New Hanover County Contract # 23-0453 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. Commercial General Liability. Franchise shall maintain Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit. 11. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 12. Assignment, Contracting1 The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 13. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Board of Commissioners - June 5, 2023 ITEM: 5 - 1 - 2 New Hanover County Contract # 23-0453 Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. [SEAL] STATE OF COUNTY SALTY BINS, L.L.C. Member/Manager (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Member/Manager of SALTY BINS L.L.C., a North Carolina limited liability company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this day of 12023. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - June 5, 2023 ITEM: 5 - 1 - 3 Salty Bins Franchise Application New Hanover County NC (1) Name and address of applicant and whether a sole proprietorship, corporation, or partnership, with disclosure of the ownership interests. Salty Bins LLC (S) EIN: 87-4009816 Rachel Josephson 50% Managing Member, Vice President Anthony Josephson 50% Managing Member, President (2) A list of the equipment possessed, available, or to be obtained within 18 months by the applicant. Over the next 18 months we expect to possess: Trucks(4) Roll Off Containers 10 and 20 cubic yards (50) Dump Trailers 10 and 20 cubic yards (2 5) (3) Number of employees the applicant expects to use in said business. By Oct 2024 we expect to have at least four (4) full-time employees: Driver (3) Office Admin (1) (4) Experience of the applicant in solid waste collection. Anthony Josephson has 20+ years of experience in the waste collection industry. He owned a debris removal business in Michigan working mostly with new home construction and catastrophic loss cleanup. After selling his business, he transitioned into the disaster recovery industry working directly with local agencies, including New Hanover County in 2018, and FEMA to coordinate emergency operations efforts including debris collection and cleanup. (5) Balance sheet or equivalent financial statement prepared by a certified public accountant or other person satisfactory to the board as of the close of the applicant's last business year, showing the net worth of the business. All financial data submitted in compliance with the requirements of this paragraph shall be confidential under G.S. 132-1.2, and shall not be regarded as public information. In lieu of the financial statement, the county will accept a notarized statement from a certified public accountant verifying the financial viability of the applicant business. See attached statement from our CPA, Greg Adams of TPSA Board of Commissioners - June 5, 2023 ITEM: 5 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Consent DEPARTMENT: Register of Deeds PRESENTER(S): Morghan Getty Collins, Registrar CONTACT(S): Morghan Getty Collins, Registrar and Katey-Ann Yonker Administrative Specialist SU BJ ECT: Register of Deeds Fee Schedule Revision BRIEF SUMMARY: The Register of Deeds was accepted to be a passport designation facility. As per U.S. Department of State, fees for application of passport books and cards are set for adults and children as attached in the fee schedule revision. Expedited mailing is required for passports, so the request is for the board to approve the amendment to the fee schedule to allow for expedited mailing of all marriage, birth and death certificates of $15.00. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ Continuous focus on the customer experience ■ Deliver quality service at the right time RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the amended fee schedule. ATTACHMENTS: REQUEST FOR FEE SCHEDULE REVISION FORM PASSPORT FEE SCHEDULE (1) PASSPORT FEE SCHEDULE (2) PASSPORT FEE SCHEDULE (3) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 5, 2023 ITEM: 6 LOt}NTY.N O y REQUEST FOR FEE J. �z SCHEDULE REVISION Errnsi.�snFo�fi Department: Register of Deeds New, Change, or Existing Fee Proposed Increase/ Fee Title Description of Fee Eliminate Amount Fee Amount (Decrease) Expedite Mail 1-3 Day Priority Mail for Birth, New $ 0.00 $ 15.00 $ 15.00 Death and Marriage Certificates Justification: Providing faster service for customers particularly those out of state. Change $ 0.00 Justification: Change $ 0.00 Justification: $ 0.00 Justification: WNTY. G �0 O �. z FEE SCHEDULE REVISION � o 9. FsTAALISHED 1'(Y NEW HANOVER COUNTY FINANCE Department: Register of Deeds New, Change, or Existing Fee Proposed Increase/ Fee Title Description of Fee Eliminate Amount Fee Amount (Decrease) First-time Adult Passport Book for first-time Adult New 0 $ 165.00 $ 165.00 Passport Book 16 years and older. Justification: passport Book for first time adult 16 years and older, $130.00 paid to the U.S. Department of State, $35.00 paid to Register of Deeds. First-time Adult Passport Card for first time adult New $ 65.00 $ 65.00 Passport card 16 years and older. Justification: passport Card for first time adult 16 years and older, $30.00 paid to U.S. Department of State, $35.00 paid to Register of Deeds. First-time Adult Passport Book & Card for first New $ 165.00 $ 165.00 Passport Book & Card time adult 16 years and older. Justification: Passport Book & Card for first time adult 16 years and older, $160.00 paid to U.S. Department of State, $35.00 paid to Register of Deeds. Adult Passport Card Passport Card for adult 16 years New El $ 30.00 $ 30.00 and older who currently have a valid passport book. Justification: passport Card for adult 16 years and older who currently have a vaild passport book, $30.00 paid to the U.S. Department of State. No money collected for the Register of Deeds. O�}NTY.� G + O x FEE SCHEDULE REVISION 0 NEW HANOVER COUNTY FINANCE Department: Register of Deeds New, Change, or Existing Fee Proposed Increase/ Fee Title Description of Fee Eliminate Amount Fee Amount (Decrease) Minor Passport Book Child under 16 Passport Book New $ 135.00 $ 135.00 Justification: Minor Passport Book for Child under 16, $100.00 paid to the U.S. Department of State, $35.00 paid to the Register of Deeds. Minor Passport Card Child under 16 Passport Card New $ 50.00 $ 50.00 Justification: Minor Passport Card for Child under 16, $15.00 paid to the U.S. Department of State, $35.00 paid to the Register of Deeds. Minor Passport Book Child under 16 Passport Book & New $ 150.00 $ 150.00 & Card Card Justification: Minor Passport Card for Child under 16, $115.00 paid to the U.S. Department of State, $35.00 paid to the Register of Deeds. Expedite Passport Fee Fee for Passport Application to be New $ 26.00 $ 26.00 expedited Justification: Passport application to be expedited $26.00 paid to the Register of Deeds. Wry. 0 4 n 2 FEE SCHEDULE REVISION o 2 a� q. rrrnat�sncnfi NEW HANOVER COUNTY FINANCE Department: Register of Deeds New, Change, or Existing Fee Proposed Increase/ Fee Title Description of Fee Eliminate Amount Fee Amount (Decrease) Minor Passport Book Child under 16 Passport Book New $ 135.00 $ 135.00 Justification: Minor Passport Book for Child under 16, $100.00 paid to the U.S. Department of State, $35.00 paid to the Register of Deeds. Minor Passport Card Child under 16 Passport Card New 0 $ 50.00 $ 50.00 Justification: Minor Passport Card for Child under 16, $15.00 paid to the U.S. Department of State, $35.00 paid to the Register of Deeds. Minor Passport Book Child under 16 Passport Book & New $ 150.00 $ 150.00 & Card Card Justification: Minor Passport Card for Child under 16, $115.00 paid to the U.S. Department of State, $35.00 paid to the Register of Deeds. $ 0.00 Justification: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SU BJ ECT: Request to approve March 2023 Tax Collection Reports BRIEF SUMMARY: NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. New Hanover County and Debt Services overall collection percentages for March 2023 are ahead of overall collections for March 2022, while the Fire Districts overall collection percentages are slightly behind. The report for March 2023 in comparison to March 2022 is as follows: New Hanover County March 2022 March 2023 Real Property 99.12% 99.15% Personal Property 96.60% 96.85% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.00% 99.040o Total Collected YTD $203,536,029.19 $204,266,231.50 New Hanover County Debt Service March 2022 March 2023 Real Property 99.11% 99.14% Personal Property 96.56% 96.61% Motor Vehicle 100.00% 100.00% Overall Collection Rate 98.99% 99.01% Total Collected YTD $21,178,061.28 $15,602,110.33 Grand Total Collected YTD $224,714,090.47 $219,868,341.83 New Hanover County Fire District March 2022 March 2023 Real Property 99.08% 99.06% Personal Property 97.39% 97.25% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.01% 98.98% Total Collected YTD $13,071,848.11 $13,458,910.84 Board of Commissioners - June 5, 2023 ITEM: 7 STRATEGIC PLAN ALIGNMENT: e Good Governance Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanoeer County Monthly Collection Report for March 2023 New Hanoeer County Debt SenAce Monthly Collection Report for March 2023 New Hano\,er County Fire District Monthly Collection Report for March 2023 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved report 5-0. Board of Commissioners - June 5, 2023 ITEM: 7 New Hanover County Monthly Collection Report for March 2023 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 182,909,287.95 $ (366,807.31) $ 33,190.03 $ 13,870,234.68 $ (237,165.34) $ 20,777.30 $ 9,715,851.04 $ - $ - $ $ $ 206,495,373.67 (603,972.65) 53,967.33 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 182,575,670.67 182,526,810.58 1,500,530.07 72.39 $ $ $ $ 13,653,846.64 13,293,377.68 71,473.07 1,407.74 $ $ $ $ 9,715,851.04 9,715,851.04 - - $ $ $ $ 205,945,368.35 205,536,039.30 1,572,003.14 1,480.13 Outstanding Balance $ 1,549,317.77 $ 430,534.29 $ - $ 1,979,852.06 Collection Percentage 99.15 96.85 100.00 99.04 YTD Interest Collected $ 197,654.12 $ 16,890.44 $ 87,650.78 $ 302,195.34 Total 2022-2023 Collections YTD Prior Years 2012-2021 204,266,231.50 Real Estate Personal Property Motor Vehicles Combined $ 1,532,709.38 $ 4,696,018.59 $ 242,477.60 $ 6,471,205.57 Scroll Abatements $ (205,917.44) $ (154,761.27) $ - $ (360,678.71) Adjustments $ 51,082.59 $ 3,048.32 $ - $ 54,130.91 Total Levy $ 1,377,874.53 $ 4,544,305.64 $ 242,477.60 $ 6,164,657.77 Collections to Date $ 442,397.26 $ 203,023.67 $ 715.06 $ 646,135.99 *Refunds $ 101,251.80 $ 8,930.87 $ 140.53 $ 110,323.20 Write-off $ 23,902.18 $ 302,105.84 $ 123,191.57 $ 449,199.59 Outstanding Balance $ 1,012,826.89 $ 4,048,107.00 $ 118,711.50 $ 6,078,044.57 YTD Interest Collected $ 88,225.74 $ 52,963.12 $ 817.56 $ 142,006.42 Total Prior Year Collections YTD $ 677,819.21 Grand Total All Collections YTD $ 204,944,050.71 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 5, 2023 ITEM: 7 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for March 2023 Current Year 2022-2023 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 13,893,411.38 $ 1,068,189.64 $ 822,458.52 $ 15,784,059.54 Abatements $ (36,760.13) $ (18,099.40) $ - $ (54,859.53) Adjustments $ 2,534.09 $ 1,577.12 $ - $ 4,111.21 Total Taxes Charged $ 13,859,185.34 $ 1,051,667.36 $ 822,458.52 $ 15,733,311.22 Collections to Date $ 13,744,887.36 $ 1,017,842.65 $ 822,458.52 $ 15,585,188.53 *Refunds $ 5,251.70 $ 1,924.19 $ 7,175.89 Write-off $ 15.31 $ 110.55 $ 125.86 Outstanding Balance $ 119,534.37 $ 35,638.35 $ - $ 155,172.72 Collection Percentage 99.14 96.61 100.00 99.01 YTD Interest Collected $ 15,161.89 $ 1,451.99 $ 7,483.81 $ 24,097.69 Total 2022-2023 Collections YTD $ 15,602,110.33 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) $ (13,825.65) $ (33,192.24) Adjustments $ 5,630.02 $ 315.88 $ 5,945.90 Total Levy $ 145,011.84 $ 353,943.74 $ - $ 498,955.58 Collections to Date $ 47,464.22 $ 22,762.62 $ - $ 70,226.84 *Refunds $ 8,388.43 $ 115.27 $ - $ 8,503.70 Write-off $ 9.86 $ 6.79 $ - $ 16.65 Outstanding Balance $ 105,926.19 $ 331,289.60 $ - $ 437,249.09 YTD Interest Collected $ 9,197.24 $ 6,033.98 $ - $ 15,231.22 Total Prior Year Collections YTD $ 76,954.36 Grand Total All Collections YTD $ 15,679,064.69 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 5, 2023 ITEM: 7 - 2 - 1 New Hanover County Fire District Monthly Collection Report for March 2023 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,767,979.61 $ (46,463.75) $ 4,803.86 $ 1,087,961.39 $ (32,179.62) $ 1,417.82 $ 793,882.98 $ $ $ 13,649,823.98 (78,643.37) 6,221.68 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,726,319.72 11,627,777.27 11,559.05 23.33 $ $ $ $ 1,057,199.59 1,031,922.59 3,926.96 146.62 $ $ 793,882.98 793,882.98 $ $ $ $ 13,577,402.29 13,453,582.84 15,486.01 169.95 Outstanding Balance $ 110,078.17 $ 29,057.34 $ - $ 139,135.51 Collection Percentage 99.06 97.25 100.00 98.98 YTD Interest Collected $ 12,490.67 $ 1,333.01 $ 6,990.33 $ 20,814.01 Total 2022-2023 Collections YTD $ 13,458,910.84 Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Combined Scroll $ 100,746.00 $ 247,903.54 $ 14,856.27 $ 363,505.81 Abatements $ (11,661.11) $ (9,191.62) $ - $ (20,852.73) Adjustments $ 34.65 $ - $ 34.65 Total Levy $ 89,119.54 $ 238,711.92 $ 14,856.27 $ 342,687.73 Collections to Date $ 24,956.74 $ 6,048.31 $ 36.58 $ 31,041.63 *Refunds $ 11,415.62 $ 26.31 $ - $ 11,441.93 Write-off $ 1,694.14 $ 18,646.26 $ 7,382.13 $ 27,722.53 Outstanding Balance $ 73,884.28 $ 214,043.66 $ 7,437.56 $ 350,810.56 YTD Interest Collected $ 4,188.48 $ 1,187.97 $ 43.65 $ 5,420.10 Total Prior Year Collections YTD 36,461.73 Grand Total All Collections YTD $ 13,495,372.57 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 5, 2023 ITEM: 7 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SU BJ ECT: Request to approve April 2023 Tax Collection Reports BRIEF SUMMARY: N CGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. New Hanover County and Debt Services overall collection percentages for April 2023 are behind overall collections for April 2022. The report for April 2023 in comparison to April 2022 is as follows: New Hanover County April 2022 April 2023 Real Property 99.44% 99.40% Personal Property 97.26% 97.53% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.33% 99.30% Total Collected YTD $205,245,255.08 $205,838,965.36 New Hanover County Debt Service April 2022 April 2023 Real Property 99.44% 99.38% Personal Property 97.20% 94.45% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.32% 99.28% Total Collected YTD $21,359,480.97 $15,724,120.08 Grand Total Collected YTD $226,604,736.05 $221,563,085.44 New Hanover County Fire District April 2022 April 2023 Real Property 99.43% 99.30% Personal Property 97.67% 97.87% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.34% 99.24% Total Collected YTD $13,200,742.16 $13,578,566.71 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - June 5, 2023 ITEM: 8 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanover County Monthly Collection Report for April 2023 New Hanover County Debt Seance Monthly Collection Report for April 2023 New Hanover County Fire District Monthly Collection Report for April 2023 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved report 5-0. Board of Commissioners - June 5, 2023 ITEM: 8 New Hanover County Monthly Collection Report for April 2023 Current Year 2022-2023 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 182,909,287.95 $ 13,870,234.68 $ 10,723,514.35 $ 207,503,036.98 Abatements $ (368,850.97) $ (239,843.27) $ $ (608,694.24) Adjustments $ 33,190.03 $ 20,777.30 $ $ 53,967.33 Total Taxes Charged $ 182,573,627.01 $ 13,651,168.71 $ 10,723,514.35 $ 206,948,310.07 Collections to Date $ 182,986,773.20 $ 13,387,051.70 $ 10,723,514.35 $ 207,097,339.25 *Refunds $ 1,516,870.35 $ 74,132.33 $ $ 1,591,002.68 Write-off $ 72.39 $ 1,407.74 $ $ 1,480.13 Outstanding Balance $ 1,103,651.77 $ 336,841.60 $ $ 1,440,493.37 Collection Percentage 99.40 97.53 1 100.00 99.30 YTD Interest Collected $ 215,595.04 $ 20,062.33 1 $ 96,971.42 $ 332,628.79 Total 2022-2023 Collections YTD $ 205,838,965.36 Prior Years 2012-2021 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) $ (155,626.99) $ - $ (361,544.43) Adjustments $ 51,082.59 $ 3,048.32 $ - $ 54,130.91 Total Levy $ 1,377,874.53 $ 4,543,439.92 $ 242,477.60 $ 6,163,792.05 Collections to Date $ 476,076.73 $ 207,204.91 $ 1,641.25 $ 684,922.89 *Refunds $ 101,576.77 $ 9,448.62 $ 524.62 $ 111,550.01 Write-off $ 23,902.18 $ 302,105.84 $ 123,191.57 $ 449,199.59 Outstanding Balance 1 $ 979,472.39 1 $ 4,043,577.79 $ 118,169.40 $ 6,039,618.76 YTD Interest Collected 1 $ 96,574.06 1 $ 53,984.19 $ 1,407.79 $ 151,966.04 Total Prior Year Collections YTD 725,338.92 Grand Total All Collections YTD $ 206,564,304.28 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 5, 2023 ITEM: 8 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for April 2023 Current Year 2022-2023 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 13,893,411.38 $ 1,068,189.64 $ 899,501.79 $ 15,861,102.81 Abatements $ (36,915.25) $ (18,302.70) $ - $ (55,217.95) Adjustments $ 2,534.09 $ 1,577.12 $ - $ 4,111.21 Total Taxes Charged $ 13,859,030.22 $ 1,051,464.06 $ 899,501.79 $ 15,809,996.07 Collections to Date $ 13,777,953.96 $ 1,026,463.35 $ 899,501.79 $ 15,703,919.10 *Refunds $ 5,342.00 $ 1,924.19 $ 7,266.19 Write-off $ 15.31 $ 110.55 $ 125.86 Outstanding Balance $ 86,402.95 $ 26,814.35 $ - $ 113,217.30 Collection Percentage 99.38 97.45 100.00 99.28 YTD Interest Collected $ 16,519.43 $ 1,721.51 $ 9,226.23 $ 27,467.17 Total 2022-2023 Collections YTD $ 15,724,120.08 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) $ (13,928.70) $ (33,295.29) Adjustments $ 5,630.02 $ 315.88 $ 5,945.90 Total Levy $ 145,011.84 $ 353,840.69 $ - $ 498,852.53 Collections to Date $ 51,023.96 $ 23,244.55 $ - $ 74,268.51 *Refunds $ 8,388.43 $ 115.27 $ - $ 8,503.70 Write-off $ 9.86 $ 6.79 $ - $ 16.65 Outstanding Balance $ 102,366.45 $ 330,704.62 $ - $ 433,104.37 YTD Interest Collected $ 9,989.74 $ 6,144.21 $ - $ 16,133.95 Total Prior Year Collections YTD 81,898.76 Grand Total All Collections YTD $ 15,806,018.84 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 5, 2023 ITEM: 8 - 2 - 1 New Hanover County Fire District Monthly Collection Report for April 2023 Current Year 2022-2023 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 11,767,979.61 $ 1,087,961.39 $ 877,329.71 $ 13,733,270.71 Abatements $ (46,642.78) $ (32,524.92) $ (79,167.70) Adjustments $ 4,803.86 $ 1,417.82 $ 6,221.68 Total Taxes Charged $ 11,726,140.69 $ 1,056,854.29 $ 877,329.71 $ 13,660,324.69 Collections to Date $ 11,655,824.16 $ 1,038,088.88 $ 877,329.71 $ 13,571,242.75 *Refunds $ 11,591.67 $ 3,926.96 $ 15,518.63 Write-off $ 23.33 $ 146.62 $ 169.95 Outstanding Balance $ 81,884.87 $ 22,545.75 $ - $ 104,430.62 Collection Percentage 99.30 97.87 100.00 99.24 YTD Interest Collected $ 13,623.16 $ 1,467.07 $ 7,752.36 $ 22,842.59 Total 2022-2023 Collections YTD $ 13,578,566.71 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) $ (9,201.99) $ - $ (20,863.10) Adjustments $ 34.65 $ - $ 34.65 Total Levy $ 89,119.54 $ 238,701.55 $ 14,856.27 $ 342,677.36 Collections to Date $ 27,869.12 $ 6,425.14 $ 68.12 $ 34,362.38 *Refunds $ 11,415.62 $ 26.31 $ - $ 11,441.93 Write-off $ 1,694.14 $ 18,646.26 $ 7,382.13 $ 27,722.53 Outstanding Balance $ 70,971.90 $ 213,656.46 $ 7,406.02 $ 347,479.44 YTD Interest Collected $ 4,961.70 $ 1,263.99 $ 90.54 $ 6,316.23 Total Prior Year Collections YTD 40,678.61 Grand Total All Collections YTD $ 13,619,245.32 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 5, 2023 ITEM: 8 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Regular DEPARTMENT: Health and Human PRESENTER(S): Jonathan Campbell, Public Health Director, Donna Fayko, Services Health and Human Services Director CONTACT(S): Jonathan Campbell SU BJ ECT: Consideration of National Men's Health Month Proclamation BRIEF SUMMARY: The month of June is National Men's Health Month, and the county encourages all citizens to increase awareness of the importance of a healthy lifestyle, regular exercise and medical checkups, and to participate in preventive health practices and early detection. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: 2023 Men's Health Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Proclamation adopted 5-0. Board of Commissioners - June 5, 2023 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS MEN'S HEALTH MONTH PROCLAMATION WHEREAS, New Hanover County encourages citizens to increase awareness of the importance of a healthy lifestyle, regular exercise, and medical check-ups, and to participate in preventative health practices and early detection efforts; and WHEREAS, despite advances in medical technology and research, North Carolina men continue to live an average of six years less than women, with American Indian and African American men having lower life expectancies; and WHEREAS, educating the public and our health care providers about the importance of a healthy lifestyle and early detection of male health problems can help to reduce the rates of mortality from disease; and WHEREAS, men who are educated about the value of preventive health to prolong their lifespan and support their role as productive family members are more likely to participate in health screenings ; and WHEREAS, Men's Health Month will focus on a broad range of men's health issues, including heart disease, mental health, and diabetes as well as prostate, testicular, and colon cancers; and WHEREAS, Men's Health Month is an opportunity to raise awareness, advocate resources, and promote access to education about men's health; and NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2023 will be recognized as Men's Health Month in New Hanover County. ADOPTED this the 51h day of June, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 5, 2023 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Regular DEPARTMENT: Diversity & PRESENTER(S): Travis Corpening, Diversity and Equity Specialist Office of Diversity Equity and Equity CONTACT(S): Linda Thompson, Chief Diversity and Equity Officer SU BJ ECT: Consideration of Pride Month Proclamation BRIEF SUMMARY: The month of June is "Pride Month" which influences awareness and provides support and advocacy for New Hanover County's Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) community, and is an opportunity to take action and engage in dialogue to strengthen alliances, build acceptance, and advance equal rights. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Collaborate to optimize system -wide responses and outcomes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: 2023 Pride —Month —Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Proclamation adopted 5-0. Board of Commissioners - June 5, 2023 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PRIDE MONTH PROCLAMATION WHEREAS, the New Hanover County Board of Commissioners recognizes and proclaims the month of June 2023 as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) "Pride Month" throughout New Hanover County; and WHEREAS, New Hanover County observes "Pride Month" to honor the history of the LGBTQ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination; and WHEREAS, all human beings are born free and equal in dignity and rights. LGBTQ individuals have had immeasurable impact to the cultural, civic, and economic successes of this country; and WHEREAS, New Hanover County is committed to supporting visibility, dignity, and equality for LGBTQ people in our diverse community; and WHEREAS, while society at -large increasingly supports LGBTQ equality, it is essential to acknowledge that the need for education and awareness remains vital to end discrimination and prejudice; and WHEREAS, this nation was founded on the principle that every individual has infinite dignity and worth, and New Hanover County calls upon the people of this community to embrace this principle and work to eliminate prejudice everywhere it exists; and WHEREAS, celebrating Pride Month influences awareness and provides support and advocacy for New Hanover County's LGBTQ community, and is an opportunity to take action and engage in dialogue to strengthen alliances, build acceptance, and advance equal rights. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of June 2023 will be recognized as "Pride Month" in New Hanover County in support of the LGBTQ community. ADOPTED this the 5th day of June, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 5, 2023 ITEM: 10- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Regular DEPARTMENT: Health and Human PRESENTER(S): The Honorable Judge J. H. Corpening, Chair Community Services Child Protection Team CONTACT(S): Mary Beth Rubright, Assistant Director of Social Services Tonya Jackson, Director of Social Services SU BJ ECT: 2023 Annual Community Child Protection Team Report BRIEF SUMMARY: The Community Child Protection Team (CCPT) is a group of individuals throughout the community that identify gaps and barriers to child safety and wellbeing, while building public awareness through multiple resources. This report identifies barriers found in 2023 and proposes recommendations for improvements/resolution. We are requesting the Board of Commissioners to support our recommendations and approve the following at -large CCPT member reappointments: Lauren Daley, Executive Director Domestic Violence Shelter and Services; Amy Feath, Executive Director Carousel Center; Chris Preston, Director NHC Community Justice Services; and Steven Still, Director N HC Emergency Management. STRATEGIC PLAN ALIGNMENT: Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Commit to advocacy of the recommendations contained in the report and CCPT member reappointments. ATTACHMENTS: Community Child Protection Team Letter Community Child Protection Team Annual Report PowerPoint COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Accept report and make recommended appointments. COMMISSIONERS' ACTIONS: Board of Commissioners - June 5, 2023 ITEM: 11 Received report and approved recommend appointments 5-0. Board of Commissioners - June 5, 2023 ITEM: 11 COMMUNITY CHILD PROTECTION TEAM New Hanover County 1650 Greenfield Street, Wilmington, NC 28402 Telephone (910) 798-3575 - Fax (910) 798-3491 Mandated Members and Current Representatives June 6, 2023 Director, NHC HHS, Social Services Tonya Jackson Assistant Director, NHC HHS, Social Mr. Bill Rivenbark, Chair Services Mary Beth Rubright New Hanover County Board of Commissioners Law Enforcement 230 Government Center Drive NHC Sheriff's Office - Chawana,Moore Wilmington, NC 28403 Wilmington P.D. - Melissa Moore District Attorney's Office Dear Chair Rivenbark: Lance Oehrlein NHC Community Action, Inc. -Vacant NHC Schools This annual report is being submitted by the New Hanover County Community Tanya Jordan Child Protection Team (CCPT) to meet state law that was established in response NHC HHS Board Designee Dr. Virginia Adams to Executive Order 142 in May 1991. The purpose of CCPT is to identify and Mental Health Professional address gaps or deficiencies in services and resources for children and families, Dena Hamilton as well as build public awareness through multiple resources, including providing Guardian ad Litem Linda Bialaszewski our findings and concerns for your information and support via this annual report. NHC HHS, Health Carla Turner NHC Health Care Provider Child abuse and neglect are extremely complex social problems that require well - Dr. Pam Taylor planned strategies for prevention and communities that are responsive to these Additional Members problems. Our report is intended to provide a starting point for you and others who care about "our" children and families. There is no single answer or 51h Judicial District Court Judge J. H. Corpening, Chief County Medical Examiner approach that can prevent child abuse in our county. However, we are encouraged Jeff Probst that the information contained in this report will provide you with valuable Local Child Care Facility NHC Smart Start — Jane Morrow information to make the best decisions on behalf of our children. Local Mental Health Provider Coastal Horizons — Ryan. Estes UNCW AngieVandenberg Twenty local agencies represent our CCPT. During 2022, these agencies met 15 511 Judicial District Chief Court times and extensively reviewed select cases. These cases were selected as they Counselor DJJ, DPS Robert J. Speight represented serious unmet needs of families in New Hanover County who were receiving services as they were unable to meet the needs of their children. These Current At -Large Appointees of the case reviews also serve to bring to the surface underlying problems that impact Board of Commissioners the entire community. Unfortunately, most of the recurring identified gaps and Domestic Violence Shelter and Services, Inc. barriers are the same as we have brought before you over the past several years. Lauren Daley Executive Director, Carousel Center Amy Feath In addition to those members mandated and designated by NC G.S. 7B 1406 on NHC Community Justice Services Chris Preston our letterhead, the statute provides for the appointment by the county NHC Emergency Management/911 commissioners of an additional member from and up to five at -large members. Steven Still We request your approval of these appointments for July 2023 through July 2024. Board of Commissioners - June 5, 2023 ITEM: 11- 1 - 1 Board of Commissioners - June 5, 2023 ITEM: 11- 1 - 2 • At -Large Members: Lauren Daley, Executive Director, Domestic Violence Shelter and Services, Inc. Amy Feath, Executive Director, Carousel Center Chris Preston, Director, New Hanover County Community Justice Services Stephen Still, Director, New Hanover County Emergency Management We recognize the challenges you address every day on behalf of the citizens of New Hanover County and thank you for this opportunity to present our report. We ask that you designate these unmet needs as priorities in your contacts with state and/or national government representatives and in your local decision -making. The CCPT member agencies are committed to continuing to work with you to promote child safety and prevent child maltreatment. Chair NHC Community Child Protection Team 'The duties and responsibilities of CCPT were adopted as North Carolina Administrative Code 411.0400. The original purpose and composition of the team were further formalized and expanded by G.S. 7B 1406, effective July 1, 1993. Board of Commissioners - June 5, 2023 ITEM: 11- 1 - 3 Board of Commissioners - June 5, 2023 ITEM: 11- 1 - 4 Community Child Protection Team (CCPT) Annual Report Judge J. H. Corpening, Chair `UfY" Health and Human Services Department, Social Services June 5, 2023 i New Hanover County Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 1 2022 Accomplishments: Community Education on Reporting Child Abuse and Neglect - Training provided to Sexual Assault Response Team, NHC Foster Parent Association, Smart Start, NHC School nurses/social workers/guidance counselors, UNCW nursing students and counselors; HHS School Mental Health therapists, and Coastal Horizons on how to recognize, respond, and report child abuse and neglect. This training is also now offered to ALL New Hanover county employees on a recurring basis. Monthly CCPT case reviews — CCPT team reviewed eleven complex child welfare involved families to formulate strategies to address gaps in services and barriers to child protection. CCPT partners were provided with program presentations from: Open House Maternity Housing Program, Adolescent Parenting Program, DADS Program, Port City United, and the Hisan J. Polk Transformation Academy. Community Education and Media Campaign on Infant Safe Sleep — Infant safe sleep training was provided to county staff and to local mental health clinicians. Social media posts and local television interviews promoting safe sleep practices were provided during safe sleep awareness month. Health and Human Services Department, Social Services June 5, 2023 New Hanover County Slide 2 Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 2 lack of consistent, accessible, effective mental health and developmental disability services • Difficulty accessing inpatient treatment for stabilization • Difficulty accessing therapeutic placements and psychiatric residential treatment within catchment area, in general, and specifically for transgender youth • Limitations for coverage by both Medicaid and private insurance • Limited accessible services for caregivers and children with eating disorders and co- occurring mental health and developmental disabilities • Upon placement of children in DSS custody, parents lose Medicaid coverage, resulting in a lack of access to critical services Health and Human Services Department, Social Services June 5, 2023 i New Hanover County Slide 3 Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 3 Recommendations: • Advocate for expansion of private insurance coverage for mental health services • Advocate for improved Trillium oversight of Medicaid providers to ensure quality of services • Encourage private providers to expand capacity of therapeutic placements for children, including transgender youth; and encourage community members to become licensed foster parents • Advocate for local youth crisis facility for assessment and stabilization to prevent youth from inappropriately lingering in Emergency Rooms pending placement/stabilization • Advocate to increase number of local youth mental health providers who accept Medicaid Health and Human Services Department, Social Services June 5, 2023 i New Hanover County Slide 4 Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 4 Children Impacted by Parental Substance Misuse Prevalent contributory factor in child maltreatment resulting in: • Neglected and unsupervised children • Substance affected newborns • Child ingestion of improperly stored medications and illegal substances (pills, gummies... ) • Criminal activity in household and parental incarceration • Parental death by overdose Health and Human Services Department, Social Services New Hanover County June 5, 2023 Slide 5 Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 5 Recommendations: 11 Advocate for legislation mandating improved oversight of medication providers and effective assessment and treatment services Advocate for expanded capacity for family residential treatment Advocate for expanded Medicaid and private insurance coverage to include childcare and transportation to treatment Health and Human Services Department, Social Services New Hanover County June 5, 2023 Slide 6 Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 6 lack of Affordable Housing (Subsidized and Non -Subsidized) Working poor are not eligible for housing assistance and are unable to afford market rent in the community in which they work Several consecutive years of increases in the market rate for rental properties Lack of affordable, adequate housing in New Hanover County, results in: ➢ families forced to live in unsafe neighborhoods ➢ multiple families residing in a single residence ➢ unsafe sleep environment for infants ➢ homelessness and transiency (families living in cars and tents) ➢ lack of access to critical resources, i.e., food deserts Health and Human Services Department, Social Services New Hanover County June 5, 2023 Slide 7 Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 7 Recommendations: • Provide funding to community agencies to develop innovative housing initiatives and solutions that meet the needs of all our populations, particularly the working poor • Ensure adequate designation of a percentage of new residential units to be financially accessible for lower wage earners • Advocate for increased federal housing subsidies and expansion of USDA eligible zones to increase home ownership • Ensure all residential areas have access to critical resources, i.e., grocery stores Health and Human Services Department, Social Services New Hanover County June 5, 2023 Slide 8 Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 8 Service barriers for undocumented families Systemic barriers exist for undocumented families to access services to meet the basic needs of their children including: ➢ Medical care ➢ Dental care ➢ Mental health treatment ➢ Housing ➢ Education Health and Human Services Department, Social Services New Hanover County June 5, 2023 Slide 9 Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 9 11 Recommendations: Ensure that basic needs for ALL children are met, regardless of citizenship, through advocacy at the local and state level Health and Human Services Department, Social Services New Hanover County June 5, 2023 Slide 10 Board of Commissioners - June 5, 2023 ITEM: 11- 2 - 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Regular DEPARTMENT: Budget PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Michelle Daniels, Budget Officer SU BJ ECT: Public Hearing on the FY2023-2024 Recommended Budget BRIEF SUMMARY: Pursuant to General Statute 159-12(b), before adopting the budget ordinance, the board shall hold a public hearing at which time persons who wish to be heard on the budget may appear. This public hearing on the FY2023-2024 Recommended Budget meets these requirements. Estimated Minutes for Remarks Provided by Agencies/Individuals: 3 - New Hanover County Schools 3 - Cape Fear Community College 3 (each) - Other Agencies/Individuals STRATEGIC PLAN ALIGNMENT: Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing. ATTACHMENTS: Script Public Hearing Notice COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend public hearing. COMMISSIONERS' ACTIONS: Conducted public hearing. Board of Commissioners - June 5, 2023 ITEM: 12 Vote to reduce property tax rate by a half -cent: (Adopted 4-1; Vice -Chair Pierce dissenting) - Vote to adopt the mental health and substance use fund expenditures and the opioid settlement fund expenditures in the FY2023-2024 Budget Ordinance: (Carried 5-0) - Vote exclusive of the appropriations voted on for non-county/economic development and economic incentives appropriations recusing commissioners with conflicts of interest, to adopt the FY2023-2024 Budget Ordinance inclusive of the Capital Projects Ordinance as revised: (Adopted 4-1; Vice -Chair Pierce dissenting) Board of Commissioners - June 5, 2023 ITEM: 12 SCRIPT FOR PUBLIC HEARING ON THE FY2023-2024 RECOMMENDED BUDGET June 5, 2023 Chair Rivenbark: Pursuant to North Carolina General Statute 159-12(b), before adopting the budget ordinance, the board shall hold a public hearing at which time any persons who wish to be heard on the budget may appear. This public hearing on the FY2023-2024 Recommended Budget meets these requirements. Is there a motion to open the public hearing? Motion: Second: Vote: Chair Rivenbark: The Board will now hear public comments. Each speaker will be allowed three (3) minutes to provide their remarks. Hear comments, if any. Chair Rivenbark: Is there a motion to close the public hearing? Motion: Second: Vote: Chair Rivenbark: The public hearing is now closed. Board of Commissioners - June 5, 2023 ITEM: 12- 1 - 1 PUBLIC NOTICE THE NEW HANOVER COUNTY RECOMMENDED BUDGET FOR FISCAL YEAR 2023- 2024 HAS BEEN SUBMITTED TO THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS. THE BOARD WILL HOLD A PUBLIC HEARING ON THE BUDGET ON MONDAY, JUNE 5, 2023, AT 4:00 P.M., OR THEREAFTER, IN THE ASSEMBLY ROOM OF THE NEW HANOVER COUNTY COURTHOUSE, 24 NORTH THIRD STREET, ROOM 301, WILMINGTON, NORTH CAROLINA. A COPY OF THE RECOMMENDED BUDGET IS AVAILABLE FOR PUBLIC INSPECTION IN THE COUNTY COMMISSIONERS' OFFICE AT THE NEW HANOVER COUNTY GOVERNMENT CENTER AND ON THE NEW HANOVER COUNTY WEBSITE: https://www.nhcgov.com/2515/Fiscal-Year-2023- Kymberleigh G. Crowell Clerk to the Board of County Commissioners New Hanover County, North Carolina Board of Commissioners - June 5, 2023 ITEM: 12- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Regular DEPARTMENT: Budget PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Michelle Daniels, Budget Officer and Kemp Burpeau, Deputy County Attorney SU BJ ECT: Public Hearing on Economic Development and Economic Incentives Appropriations BRIEF SUMMARY: Consistent with North Carolina General Statute 158.7.1, the board is required to notify the public at least 10 days prior to conducting a public hearing for every appropriation or expenditure related to economic development. In addition to the procedural requirements, elected boards are also required to make a specific finding prior to approving any appropriation or expenditure for economic development that the appropriation or expenditure will "increase the population, taxable property, agricultural industries, employment, industrial output or business prospects of the city or county." The following economic development expenditures have been recommended for appropriation in the FY2023-2024 budget and are under consideration for adoption. If, after conducting the public hearing, the board finds that the appropriations/expenditures identified below will increase the population, taxable property, agricultural industries, employment, industrial output or business prospects for New Hanover County, and the board appropriates the items identified below as part of the FY2023-2024 Adopted Budget, then no additional board action will be required to expend the funds. New incentives, appropriations or expenditures, or subsequent increases, will require public notice and another public hearing. Economic Development Agencies/Organizations These appropriations will be funded from General Fund revenues of the county. Organization Amount Arts Council of $100,000 Wilmington/New Hanover County Cape Fear Council of $27,300 Governments Continuum of Care for Homelessness Cape Fear Resource $4,500 Description of Activities/Expense Support arts -driven economic development activities to increase attendance and encourage increased spending in the local economy An alliance of service providers, local government agencies and other public interests whose common goal is the reduction and ultimate elimination of homelessness Assess drainage for stormwater systems and watersheds Conservation & Development to implement projects that support communities, businesses, and natural resources Cucalorus Film Foundation $28,000 Support filmmakers, performers, community organizers and creative business leaders through a range of programs showcasing the film industry while training the next generation across many industries Board of Commissioners - June 5, 2023 ITEM: 13 Friends of Fort Fisher $5,000 Support programming, lectures, reenactments, and activities which attract local, regional, state, and national visitors Genesis Block Labs, LLC $75,000 Assist and focus on minority -owned firms, community entrepreneurs and underserved business networks to grow their companies and create an inclusive gathering place for business and community leaders Greater Wilmington Chamber of $197,652 Business retention, expansion, and recruitment Commerce Highway 17 Transportation $5,000 Focus on government relations with state and federal Association in NC, Inc. elected officials and NC Department of Transportation. Work to educate the public about the benefits of transportation investment for improved safety, mobility, and economic opportunity Southeastern Economic $20,313 Assist with project development necessary for the Development Commission solicitation of grant funding from the Economic Development Administration The Southeastern Partnership, $20,000 1 nc. Wilmington Business Development Wilmington Downtown, Inc Wilmington Regional Film Commission Wilmington Symphony Orchestra $292,782 $100,000 $154,752 Provide the regional and targeted industry specific marketing and conduct familiarization events Provide recruitment/assistance for business expansion and/or relocation efforts Support operations and fund initiatives that help grow the tax base through private capital investment and new jobs, as well as grow sales tax revenues by attracting local and outside spending in the downtown districts Promote/assist TV and film production activities to drive local entertainment business growth, support local production infrastructure and businesses $12,500 Provide symphonic music and music education programs through performance opportunities for regional musicians and for the community's youth The following is a list of incentive payments that were previously board approved as outlined in incentive agreement contracts to be paid upon the company meeting specified investment/job requirements: Live Oak Banking Company, up to $60,000; GE -Hitachi Nuclear Energy Americas LLC & Global Nuclear Fuel -Americas, LLC, up to $250,000; Port City Logistics, Inc., up to $13,500; MegaCorp Logistics, LLC, up to $60,000; Vantaca LLC, up to $24,000; and New NGC, Inc. dba National Gypsum Company, up to $70,000. The source of funding for these incentive payment appropriations and expenditures will be from the General Fund of the county. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget Board of Commissioners - June 5, 2023 ITEM: 13 RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing. ATTACHMENTS: Script Expenditures -Appropriations List Econ Dev Public Notice COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend public hearing. COMMISSIONERS' ACTIONS: Conducted public hearing. Vote to reduce property tax rate by a half -cent: (Adopted 4-1; Vice -Chair Pierce dissenting) - Vote to adopt the mental health and substance use fund expenditures and the opioid settlement fund expenditures in the FY2023-2024 Budget Ordinance: (Carried 5-0) - Vote exclusive of the appropriations voted on for non-county/economic development and economic incentives appropriations recusing commissioners with conflicts of interest, to adopt the FY2023-2024 Budget Ordinance inclusive of the Capital Projects Ordinance as revised: (Adopted 4-1; Vice -Chair Pierce dissenting) Board of Commissioners - June 5, 2023 ITEM: 13 SCRIPT FOR PUBLIC HEARING ON THE ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVES FOR FY23-24 June 5, 2023 Chair Rivenbark: Pursuant to North Carolina General Statute 158.7.1, the board is required to hold a public hearing to receive comments on appropriations and expenditures for economic development. The source of funding for these appropriations and expenditures will be from the General Fund. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. The economic development expenditures that follow have been recommended for appropriation in the FY23-24 budget. Is there a motion to open the public hearing? Motion: Second: Vote: Chair Rivenbark: The public is invited to comment on the following appropriations and expenditures as shown on the screen: • Economic Development Agencies/Organizations • Previously Approved Contractual Incentive Payments Each speaker will be allowed three (3) minutes to provide their remarks. Hear comments, if any. Chair Rivenbark: Is there a motion to close the public hearing? Motion: Second: Vote: Chair Rivenbark: The public hearing is now closed. Board of Commissioners - June 5, 2023 ITEM: 13- 1 - 1 Economic Development Agencies/Organizations • Arts Council of Wilmington/New Hanover County $100,000 • Cape Fear Council of Governments Continuum of Care for Homelessness $ 27,300 • Cape Fear Resource Conservation & Development $ 4,500 • Cucalorus Film Foundation $ 28,000 • Friends of Fort Fisher $ 5,000 • Genesis Block Labs, LLC $ 75,000 • Greater Wilmington Chamber of Commerce $197,652 • Highway 17 Transportation Association in NC, Inc. $ 5,000 • Southeastern Economic Development Commission $ 20,313 • The Southeastern Partnership, Inc. $ 20,000 • Wilmington Business Development $292,782 • Wilmington Downtown, Inc. $100,000 • Wilmington Regional Film Commission $154,752 • Wilmington Symphony Orchestra $ 12,500 Previously Approved Contractual Incentive Payments Up To • Live Oak Banking Company $ 60,000 • GE -Hitachi Nuclear Energy Americas LLC & Global Nuclear Fuel -Americas, LLC $250,000 • Port City Logistics, Inc. $ 13,500 • MegaCorp Logistics, LLC $ 60,000 • Vantaca LLC $ 24,000 • New NGC, Inc. dba National Gypsum Company $ 70,000 Board of Commissioners - June 5, 2023 ITEM: 13- 2 - 1 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE THAT THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL HOLD A PUBLIC HEARING ON MONDAY, JUNE 5, 2023, AT 4:00 P.M., OR THEREAFTER, IN THE ASSEMBLY ROOM OF THE NEW HANOVER COUNTY COURTHOUSE, 24 NORTH THIRD STREET, ROOM 301, WILMINGTON, NORTH CAROLINA FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON APPROPRIATIONS AND EXPENDITURES FOR ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENTS. THE PURPOSE OF ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENTS ARE TO INCREASE THE POPULATION, TAXABLE PROPERTY, AGRICULTURAL INDUSTRIES, EMPLOYMENT, INDUSTRIAL OUTPUT OR BUSINESS PROSPECTS FOR NEW HANOVER COUNTY. FOR FISCAL YEAR 2023-2024 THE COUNTY IS CONSIDERING APPROPRIATING THE FOLLOWING ECONOMIC DEVELOPMENT/INCENTIVE EXPENDITURES AS PART OF THE FY23-24 BUDGET: Arts Council of Wilmington/New Hanover County, $100,000, Support arts -driven economic development activities to increase attendance and encourage increased spending in the local economy; Cape Fear Council of Governments Continuum of Care for Homelessness, $27,300, An alliance of service providers, local government agencies and other public interests whose common goal is the reduction and ultimate elimination of homelessness; Cape Fear Resource Conservation & Development, $4,500, Assess drainage for stormwater systems and watersheds to implement projects that support communities, businesses, and natural resources; Cucalorus Film Foundation, $28,000, Support filmmakers, performers, community organizers and creative business leaders through a range of programs showcasing the film industry while training the next generation across many industries; Friends of Fort Fisher, $5,000, Support programming, lectures, reenactments, and activities which attract local, regional, state and national visitors; Genesis Block Labs, LLC, $75,000, Assist and focus on minority -owned firms, community entrepreneurs and underserved business networks to grow their companies and create an inclusive gathering place for business and community leaders; Greater Wilmington Chamber of Commerce, $197,652, Business retention, expansion and recruitment; Highway 17 Transportation Association in NC, Inc., $5,000; Focus on government relations with state and federal elected officials and NC Department of Transportation. Work to educate the public about the benefits of transportation investment for Board of Commissioners - June 5, 2023 ITEM: 13- 3 - 1 improved safety, mobility, and economic opportunity, Southeastern Economic Development Commission, $20,313, Assist with project development necessary for the solicitation of grant funding from the Economic Development Administration; The Southeastern Partnership, Inc., $20,000, Provide the regional and targeted industry specific marketing and conduct familiarization events; Wilmington Business Development, $292,782, Provide recruitment/assistance for business expansion and/or relocation efforts; Wilmington Downtown, Inc., $100,000, Support operations and fund initiatives that help grow the tax base through private capital investment and new jobs, as well as grow sales tax revenues by attracting local and outside spending in the downtown districts; Wilmington Regional Film Commission, $154,752, Promote/assist TV and film production activities to drive local entertainment business growth, support local production infrastructure and businesses; and Wilmington Symphony Orchestra, $12,500, Provide symphonic music and music education programs through performance opportunities for regional musicians and for the community's youth. The source of funding for these appropriations and expenditures will be from the General Fund of the county. The following is a list of incentive payments that were previously board approved as outlined in incentive agreement contracts to be paid upon the company meeting specified investment/job requirements: Live Oak Banking Company, up to $60,000; GE -Hitachi Nuclear Energy Americas LLC & Global Nuclear Fuel -Americas, LLC, up to $250,000; Port City Logistics, Inc., up to $13,500; MegaCorp Logistics, LLC, up to $60,000; Vantaca LLC, up to $24,000; and New NGC, Inc. dba National Gypsum Company, up to $70,000. The source of funding for these incentive payment appropriations and expenditures will be from the General Fund of the county. THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL RECEIVE PUBLIC COMMENTS ON THESE AGREEMENTS AT THE ABOVE STATED TIME AND PLACE. Kymberleigh G. Crowell, Clerk to the Board of Commissioners New Hanover County, North Carolina Board of Commissioners - June 5, 2023 ITEM: 13- 3 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning& Land Use Director CONTACT(S): Rebekah Roth SU BJ ECT: Public Hearing Text Amendment Request (TA23-02) - Request by New Hanover County Planning & Land Use to amend Section 10.2.3 Community Information Meeting to clarify expectations and standards for Community Information Meetings required for applications for conditional rezonings, planned developments, and intensive industry special use permits. BRIEF SUMMARY: New Hanover County Planning & Land Use staff are proposing an amendment to clarify the expectations and standards for required community information meetings. The key intent of the amendment is to ensure that applicant teams, adjacent residents/property owners, and board members have a common understanding of the purpose of these meetings, that standards ensure that owners and residents of adjacent land are informed of proposed development applications, and that these meetings serve as an effective forum for concerns to be resolved through discussion and modifications to the proposal when possible. Community information meetings, which are required by the ordinance to take place prior to applications for conditional rezoning, planned developments, and intensive industry special use permits, were first required by the county in 2007. At that time, the intent was to make sure nearby residents and property owners were informed of potential development proposals earlier in the process to support their ability to participate. Since then, these meetings have also become forums to potentially resolve conflicts before an application is submitted. The proposed text amendment and associated administrative documents are intended to re -set expectations for applicant teams, adjacent residents/property owners, and board members so this forum can better serve the purpose currently intended for it in the planning process. The Planning Board considered the proposed amendment at their May 4, 2023 meeting. One member of the public spoke in opposition to the request citing a desire for additional clarification regarding rescheduling meetings in the event of inclement weather or other unforeseen circumstances and concerns that an applicant is not always able to identify changes to a concept plan that will address community members' concerns. One member of the public spoke in support of the proposed amendment and requested the amendment be expanded to include a community information meeting requirement for special use permits in the 1-1 zoning district. The Planning Board voted 6-0 to recommend approval of the proposed amendment as presented by staff. They found RECOMMENDING APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to clarify expectations for required community information meetings and the proposed administrative documents. They found them to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because they clarify an important part of the planning process necessary to support the goals of the Comprehensive Plan for a vibrant community supportive of private investment that also conserves and enhances Board of Commissioners - June 5, 2023 ITEM: 14 our sense of place. They also found RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies expectations for applicants, citizens, and board members related to community meetings. If approved by the Board of Commissioners, the text amendment could only be changed through an official text amendment process, but administrative documents could be modified and updated upon the approval of the county manager. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to clarify expectations for required community information meetings and the proposed administrative documents. I find them to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because they clarify an important part of the planning process necessary to support the goals of the Comprehensive Plan for a vibrant community supportive of private investment that also conserves and enhances our sense of place. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies expectations for applicants, citizens, and board members related to community meetings. ATTACHMENTS: TA23-02 - Script (Board of Commissioners) TA23-02 Staff Report TA23-02 Text Amendment Draft TA23-02 Community Meeting Guidelines TA23-02 Meeting Notification Template TA23-02 Community Information Meeting Report for Application Public Comment Period Comments and Staff Responses TA23-02 Public Comment Corer Sheet TA23-02 Comments in Support TA23-02 Comments - Neutral TA23-02 Comments in Opposition COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Board of Commissioners - June 5, 2023 ITEM: 14 Conducted public hearing, approved 5-0. Board of Commissioners - June 5, 2023 ITEM: 14 SCRIPT for Unified Development Ordinance Text Amendment (TA23-02) Request by New Hanover County Planning & Land Use to amend Section 10.2.3 Community Information Meeting to clarify expectations and standards for Community Information Meetings required for conditional rezonings, planned developments, and intensive industry special use permits. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and 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. Supporters' presentation (up to 15 minutes) c. Opponents' presentation (up to 15 minutes) d. Supporters' rebuttal (up to 5 minutes) e. Opponents' rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on amendment. 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 of Approval I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to clarify expectations for required community information meetings and the proposed administrative documents. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because they clarify an important part of the planning process necessary to support the goals of the Comprehensive Plan for a vibrant community supportive of private investment that also conserves and enhances our sense of place. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies expectations for applicants, citizens, and board members related to community meetings. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed -Use Zoning (RUMXZ) 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 proposed amendment is reasonable and in the public interest because [insert reasons] Board f Commissioners - June 5. 2023 I I I_- M. 1 V- 1- I STAFF REPORT FOR TA23-02 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA23-02 Request: To amend Section 10.2.3 Community Information Meeting to clarify expectations and standards for Community Information Meetings required for conditional rezonings, planned developments, and intensive industry special use permits. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance (UDO) Purpose & Intent The key intent of this amendment is ensure that applicant teams, adjacent residents property owners, and board members have a common understanding of the purpose of the community information meetings required for certain development applications, that standards ensure that owners and residents of adjacent land are informed of proposed development applications, and that the meeting serves as an effective forum for concerns to be resolved through discussion and modifications to the proposal when possible. BACKGROUND The New Hanover County Unified Development Ordinance requires that applicants hold community information meetings before submitting an application for conditional rezonings, planned developments, and intensive industry special use permits. This type of meeting was first required by the county in 2007 in response to public concerns voiced regarding the River Lights development (which was reviewed by the county prior to its annexation by the City of Wilmington). At that time, it was intended to ensure that nearby residents and property owners were informed of potential development proposals earlier in the process to support their ability to participate. Since then, board members and community residents have indicated during public hearings an expectation that these meetings should also serve as forums to potentially resolve conflicts before an application is submitted, either through discussion or modifications to the proposed plan. This expectation, while included in the meeting purpose statement in 2019 as part of the UDO Project amendments, may not be recognized by all code users, and the implications of this expanded purpose on meeting format and application requirements has not been previously addressed. This conflict in expectations of the purpose and requirements for community information meetings was recently highlighted at a Planning Board meeting when an applicant utilized a section of the ordinance that allowed applicants to proceed with an application if they submitted a report stating the reasons why the meeting was not held. The applicant felt that due to recent public hearings, adjacent community members were aware of the project and the new application reflected their input, so an additional meeting was not necessary. The ordinance allows the Planning Board and Board of Commissioners to determine the adequacy of that report, and the Planning Board voted 4-3 to not accept the report in lieu of the community meeting. Consideration of the applicant's proposal was then delayed until a community meeting was held. Board of Commissioners - June 5, 2023 ITEM: 14- 2 - 1 While this instance expedited staff's efforts to address requirements for community information meetings, questions and complaints regarding these meetings had been ongoing for several years. Staff had received questions from community members regarding why some notices included certain information and others did not and complaints that a notice had not been received or was received so late that adjacent property owners were unable to attend the meeting. Applicants had also indicated that the required meetings were becoming a barrier in the process and a forum for complaints and citizen anger rather than the source of up -front information originally intended. The proposed text amendment and associated administrative documents are intended to re -set expectations for applicant teams, adjacent residents property owners, and board members so this forum can better serve the purpose currently intended for it in the planning process. The text amendment would articulate current expectations that input provided during community information meetings should be considered by an applicant prior to finalizing the project submitted as a formal application. The associated administrative documents are meant to better support meetings designed to be accessible for attendees, reducing potential conflict. Staff released drafts of the proposed amendment to the UDC) and associated administrative documents on March 31, 2023 for a public comment period that ended at 8 am on April 24, 2003. During this period, comments were received from staff members at Paramounte Engineering. Those comments and staff responses are attached. The proposed amendment was revised following the public comment period to provide for some flexibility for scheduled meetings that were unable to occur due to reasons beyond the applicant's control, and the administrative documents were revised to more clearly differentiate between administrative requirements that must be met in order for an application to be deemed complete versus what were just recommendations and best practices. Following the public comment period prior to the Planning Board hearing, staff received additional comments that were generally supportive of the amendment but that included requests to expand the scope of the amendment to also require community information meetings for application types beyond the conditional rezoning, planned development, and intensive industry special use permits currently outlined in the UDC). Given that the requested addition had not been presented to stakeholders prior to the Planning Board hearing and the scope of the request is a policy choice that has not been provided through Commissioner direction, staff is not recommending that the request be considered as part of this amendment. If the Board of Commissioners were to want to expand community information meeting requirements, a separate amendment discussion would be recommended, and the Board priority for the discussion would determine the timeline as further amendments are not currently included in staff work plans. Staff did identify two minor changes to the proposed amendment that could clarify topics discussed at the Planning Board public hearing, which are shown in the attached draft documents in underlined text. PROPOSED AMENDMENT & ADMINISTRATIVE DOCUMENTS The proposed draft amendment is attached, with red italics indicating new language proposed and StFikethFeUo indicated text that is to be removed. The minor staff -identified changes are indicated by blue underlined text. All administrative documents are new, and the minor staff -identified changes are indicated by underlined text. Board of Commissioners - June 5, 2023 ITEM: 14- 2 - 2 PLANNING BOARD RECOMMENDATION The Planning Board considered the proposed amendment at their May 4, 2023 meeting. One member of the public spoke in opposition to the request citing a desire for additional clarification regarding rescheduling meetings in the event of inclement weather or other unforeseen circumstance and concerns that an applicant is not always able to identify changes to a concept plan that will address community members' concerns. One member of the public spoke in support of the proposed amendment and requested the amendment be expanded to include a community information meeting requirement for special use permits in the 1-1 zoning district. The Planning Board voted 6-0 to recommend approval of the proposed amendment as presented by staff. They found RECOMMENDING APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to clarify expectations for required community information meetings and the proposed administrative documents. They found them to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because they clarify an important part of the planning process necessary to support the goals of the Comprehensive Plan for a vibrant community supportive of private investment that also conserves and enhances our sense of place. They also found RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies expectations for applicants, citizens, and board members related to community meetings. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation, with the minor staff -identified changes shown in -je underlined text, and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to clarify expectations for required community information meetings and the proposed administrative documents. I find them to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because they clarify an important part of the planning process necessary to support the goals of the Comprehensive Plan for a vibrant community supportive of private investment that also conserves and enhances our sense of place. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies expectations for applicants, citizens, and board members related to community meetings. Board of Commissioners - June 5, 2023 ITEM: 14- 2 - 3 2023-05 Board of Commissioners Public Hearing Draft 10.2.3. COMMUNITY INFORMATION MEETING A. Purpose The purpose of a community information meeting is to provide an in -person or digital forum so the applicant can inform owners and residents of nearby lands and other stakeholders about a proposed development application, to allow the applicant to explain the review process and site plan if applicable; Selicit ^^.m..m. and to provide the applicant an opportunity to hear and address questions, comments and concerns about the development proposal ef Fes g so they are able to resolve conflicts and outstanding issues through discussion and modifications to the proposal, where possible. B. Applicability RIeSS FepeFt is „b..4te,- ; ^.danee ,.,;+h Sub -se .+;^.n 2 bele , a At least one community information meeting that complies with the requirements in this section is required to be held prior to submittal of any of the following applications: a. Conditional rezonings; b. Planned developments; and c. Special use permits for uses classified as intensive industry. reasens " meeting ,. et heW. If a scheduled meeting thGt Gre is unable to be held due to technical issues beyond the control of the applicant or isolated storm events (e.g. those not covered by local declarations of emergency), n9GY Wke ^'^^^ Q#eF the r-eper-t „tic„;++^d ..,;+ti;^ th.-^^ ti,,SiR 61^,45 4 the ^ liC-Gtien deig RJ2 the community meeting must be rescheduled and held in accordance with requirements outlined in section C below. If the required community information meeting report component of the application is submitted within three business days after the application deadline, the application will be eligible for scheduling on the next Planning Board agenda. The adequacy of a meeting held eF FepE)F+ submitted shall be considered by the Planning Board and Board of Commissioners, as appropriate, in their decisions, but shall not be subject to judicial review. 4. For applications other than those identified in subsection 1 above, a community information meeting may be held in accordance with this section at the option of the applicant. C. Procedure If a community information meeting is conducted, the applicant shall comply with the requirements in subsections 1 and 2 below. 1. Notification Board of Commissioners - June 5, 2023 ITEM: 14- 3 - 1 2023-05 Board of Commissioners Public Hearing Draft The applicant shall provide send written notice by first class mail and/or personal delivery or other agreed upon measure at least ten days prior to the date of the community information meeting. Notice shall be provided to the DlanniRg DepaFtFne^* and to each owner of record of land within 500 feet of and on the prepenty tax parcel or leased site, if applicable, subject to the application. Notice shall be provided to the Planning Department as outlined by administrative procedures. b. The County shall provide notice of the community information meeting by e- mail to the Sunshine List upon receipt of the applicant's notification. 2. Conduct of Meeting and Written Summary a. The community information meeting shall be open to the public. At the meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, respond to questions or concerns neighbors raise about the proposed application, and discuss ways to resolve any conflicts or concerns. The applicant shall prepare a written summary of the meeting. The summary shall be included with the application materials and contain the following information: 1. Date, time, and location of the meeting; 2. List of invitees and copies of any returned mailings received as of the date of application; 3. List of meeting attendees; 4. Summary of issues discussed; 5. Description of any changes or adjustments made to the proposal as a result of the comments and concerns received by the applicant; and 6. Any other information the applicant deems appropriate. c. The Planning Director may develop administrative requirements for communicating and holding community meetings that fulfill the meeting requirements of this section, as approved by the New Hanover County Board of Commissioners, with subsequent amendments approved by the County Manager. Board of Commissioners - June 5, 2023 ITEM: 14- 3 - 2 2023-06 Board of Commissioners Public Hearing Draft Community Meeting Guidelines New Hanover County Planning & Land Use Purpose The purpose of this document is to outline the administrative requirements and recommended best practices for communicating and holding community meetings that fulfill the Community Information Meeting requirement pursuant to UDO Section 10.2.3. Meeting Scheduling Requirements A. Applicants must hold an in -person and/or virtual community information meeting prior to submitting their application, but not earlier than six months prior to application submittal. B. The meeting must not be held on a Sunday morning, holiday, a holiday weekend, or the day before a holiday or holiday weekend. A holiday is defined as legal holidays recognized by New Hanover County. C. The meeting must be scheduled and noticed for at least an hour. Recommendations A. Applicants are expected to consider the demographics and schedule of meeting attendees when determining a date and time for scheduling a meeting. For instance, community meetings in neighborhoods with large numbers of retirees may be appropriate during daytime hours, but in other instances it would be more appropriate to begin meeting no earlier than 5:00 PM and no later than 8:00 PM on a weekday or no earlier than 10:00 AM and no later than 7:00 PM on a weekend. B. Applicants are encouraged to consider religious or cultural holidays that may not be legal holidays recognized by New Hanover County staff if appropriate given the demographics of a community. C. Applicants are encouraged to schedule community information meetings early enough in advance of anticipated application deadlines to allow for a properly noticed additional meeting in case the initial meeting must be cancelled or further discussions with community members is desired. Meeting Content Requirements A. Applicants must present the following information during their meeting: a. A clear explanation of the proposal, including the proposed zoning district(s), potential uses, and number of residential units and/or density, as applicable; Board of Commissioners - June 5, 2023 ITEM: 14- 4 - 1 2023-06 Board of Commissioners Public Hearing Draft An explanation of the type of review process involved (i.e., public hearings or preliminary forums required for conditional rezoning, planned development rezoning, or special use permit as applicable); c. When the application is anticipated to be submitted; d. How interested parties can stay informed and engaged in the process; and e. The applicant's contact information. Recommendations A. While county staff do not generally attend these meetings to avoid potential unofficial feedback on a proposed project, the Planning Director may designate staff to attend the meeting to observe or answer procedural questions if determined to be appropriate. B. The applicant is encouraged to obtain information from the Planning Department regarding the review process that can be used to inform residents of the next steps. Meeting Format Requirements Applicants may choose the format for a community meeting —virtual, in -person, or hybrid. A. Virtual Meetings a. Virtual community meetings must be held using an interactive online video conferencing software such as Microsoft Teams, Zoom, WebEx, or other similar platforms as approved by the Planning Director. As some members of the public do not have internet access or are otherwise unable to access digital platforms, the meeting platform must have the ability for attendees to call into the conference using a telephone. If a platform can only be accessed via the internet, it cannot be used to hold the virtual meeting. Those who access the meeting via telephone must be given the same information, graphics, maps, and any other pertinent information as those accessing the meeting via the internet. If the applicant intends to screen share presentation slides or graphics during the video conference, that material should be made available to those who access the meeting via telephone before the meeting if requested. Meeting attendees, whether online or on the phone, must have an opportunity to ask questions and voice concerns about the proposal. The meeting must be held open for a minimum of one hour regardless of the number of participants that attend. 2 Board of Commissioners - June 5, 2023 ITEM: 14- 4 - 2 2023-06 Board of Commissioners Public Hearing Draft B. In -Person Meetings a. In -person venues must be held atone of the following locations: i. On the subject property, or ii. At a nearby public meeting place such as a school, library, community center, place of worship, or other meeting facility that is easily identified by the public. During times of public health concern, meetings must follow current health and safety recommendations issued by the Center of Disease Control and/or local health officials. Meetings should provide an opportunity for questions and comments of attendees either during the meeting itself or in writing so they can be addressed later. If questions are addressed outside of the meeting, responses should be provided in the community meeting report submitted with the development application. C. Hybrid Meetings a. Hybrid meetings must meet the requirements of both virtual and in -person meetings, excepting that the call -in feature does not have to be provided for the virtual meeting. Recommendations A. Applicants are expected to consider the accessibility of in -person meeting sites for attendees. For instance, while in some instances meetings at the subject site help inform the discussion, they are likely inappropriate if the site is difficult to get to or has limited space for attendee parking. Meeting spaces that do not allow for access for disabled attendees would also be inappropriate. B. The selection of virtual meetings should consider the attendees' access to the necessary internet infrastructure and the likelihood of their having personal devices that make access possible. Meeting Notice Requirements Applicants must provide notice of a neighborhood meeting as follows: A. The applicant must utilize the meeting notice template developed by the Planning Department and include a description of the proposal, including all potential uses being requested and the number and/or maximum density of residential units. B. The mailing shall also include a conceptual site plan of the proposal clearly labeling structures and site features such as parking areas and proposed vegetative buffers. C. The applicant must provide the Planning & Land Use Department the information to access the meeting and a copy of the notification letter and materials at least 10 days prior to the scheduled meeting in a digital format so it can be shared with the email Sunshine List. 3 Board of Commissioners - June 5, 2023 ITEM: 14- 4 - 3 2023-06 Board of Commissioners Public Hearing Draft D. Notice must be sent by first class mail to all property owners within 500 feet of the subject tax parcel or leased site at least ten days prior to the date of the community meeting. Recommendations A. Applicants are encouraged to provide Planning & Land Use Department staff a list of residents and property owners notified of the Community Information Meeting to allow staff to answer citizen questions related to who should have received notice. B. Staff can assist in preparing a list of property owners required to be notified, but applicants are encouraged to request this information at least five business days in advance of when the list is needed. C. Applicants are encouraged to send first class mailed notice further in advance than the ten day minimum to ensure recipients receive far enough in advance of the meeting to allow for them to reschedule as needed so they are able to attend if desired. Post Meeting Procedures A. The applicant must submit the following materials to Planning staff as part of their initial application submittal: The designated Community Information Meeting Report form posted on the Planning & Land Use website; A list of names and addresses of attendees. For virtual meetings with over 50 attendees, applicants are allowed to provide a full recording in order to fulfill this requirement; c. A list of the names and addresses of invitees and copies of any returned mailings received as of the date of application; d. A copy of the meeting notification, including all attachments; and e. A copy of all materials distributed or presented at the meeting. 4 Board of Commissioners - June 5, 2023 ITEM: 14- 4 - 4 [INSERT LOGO OF ENTITY HOSTING MEETING] [INSERT FIRM CONTACT INFORMATION] To: Resident(s) and property owner(s) From: [INSERT NAME] Date: [INSERT DATE] Re: Notice of meeting to discuss a potential [INSERT REZONING/PLANNED DEVELOPMENT/SPECIAL USE PERMIT] located at [INSERT SPECIFIC ADDRESS OR GENERAL LOCATION IF NOT ADDRESSED] and having New Hanover County Parcel Identification Numbers [INSERT PARCEL NUMBERS] . [INSERT WHO THE APPLICANT/FIRM IS AND WHAT PURPOSE OF MEETING THIS IS]. The property is highlighted in red on the context map included with this mailing. The other parcels highlighted on the context map indicate the property owners we are required to notify about this proposal. The property is currently zoned [INSERT CURRENT ZONING INCLUDING OVERLAYS]. The developer is considering [INSERT PROPOSED REZONING INCLUDING OVERLAY]. The [INSERT REZONING/PLANNED DEVELOPMENT/SPECIAL USE PERMIT] would facilitate the development of [INSERT PROJECT PROPOSAL INCLUDING ALL POTENTIAL USES BEING REQUESTED AND NUMBER AND/OR MAXIMUM DENSITY OF RESIDENTIAL UNITS]. A concept plan depicting the proposal is included with this mailing. We will hold a [INSERT IN-PERSON/VIRTUAL/HYBRID] community meeting on [INSERT DAY], [INSERT DATE], from [INSERT TIME RANGE] [INSERT AT LOCATION/VIA VIRTUAL PLATFORM]. The purpose of this community meeting is to ensure that nearby property owners are made aware of the proposed project. We also want a better understanding of how this project could impact you, and look forward to hearing your questions, comments, and concerns. Instructions for registering for and joining the meeting are enclosed. Please do not hesitate to contact [INSERT APPLICANT/FIRM CONTACT]. Also, for more information about the requirements for this type of proposal and how you can receive future information, you may want to visit nhcgov.com/528/Planning-Land-Use, email rfarrell@nhcgov.com, or contact the New Hanover County Planning & Land Use Department via phone at (910) 798-7165. [INSERT NOTIFICATION AREA/CONTEXT MAP] [INSERT CONCEPTUAL SITE PLAN] Board of Commissioners - June 5, 2023 ITEM: 14- 5 - 1 [INSERT LOGO OF ENTITY HOSTING MEETING] [INSERT FIRM CONTACT INFORMATION] [INSERT DATE] RE: Virtual Neighborhood Meeting — Instructions Dear Neighboring Property Owner, We will be hosting a virtual neighborhood meeting via [INSERT PLATFORM]. The meeting will be held on [INSERT DAY & DATE] and run from [INSERT TIME RANGE]. • To attend the meeting via computer, mobile device, or iPad, type in the following link in your internet browser: [INSERT PLATFORM MEETING LINK] *If a meeting ID or passcode is required, insert here as well. • To attend the meeting via phone, you may dial in by: [INSERT PHONE NUMBER] *If a meeting ID or passcode is required, insert here as well. • [If there is technical support before, during or after the meeting, insert contact info here] Sincerely, [INSERT NAME] Board of Commissioners - June 5, 2023 ITEM: 14- 5 - 2 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 1 0 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Address/Location Parcel Identification Number(s) Meeting Date and Time Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid Selection Criteria for Location Meeting Summary Issues and Concerns Discussed at Meeting Board of Commissioners - June 5, 2023 Page 1 of 2 ITEM: 14- 6 Community Information Meeting Report — Updated 05-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist ❑ A list of names and addresses of attendees ❑ A list of the names and addresses of invitees and copies of any returned mailings received to date ❑ A copy of the mailed notice with all attachments ❑ A copy of all materials distributed or presented at the meeting Acknowledgement and Signatures Applicant Initial By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] . A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Signature of Applicant or Applicant's Agent Print Name Date Board of Commissioners - June 5, 2023 Page 2 of 2 ITEM: 14- 6 C9mmunity Information Meeting Report — Updated 05-2022 Public Comments &Responses Includes comments received during official public comment period of March 31, 2023 to April 24, 2023 Comment Provider Paramounte Engineering, Allison Engebretson and Brad Schuler -Most comments were received during a virtual meeting and are not verbatim; Mr. Schuler did send some written clarifications -those are indicated by quotation marks Document & Section UDO Text Amendment — Section 10.2.3.13 (Applicability) UDO Text Amendment — Section 10.2.3.0 (Procedure) Comment(s) Can flexibility be allowed in situations where a community information meeting is scheduled but due to an act of God is unable to occur? Sometimes applicants need to be on a particular agenda due to contractual obligations, and if the meeting could occur within a certain timeframe prior to the meeting that would be helpful. "As it relates to flexibility on the timing and notice of the meeting, the examples we provided at the [virtual] meeting were ones we just thought of at that time. It is hard to predict every situation that would warrant some flexibility (who would have thought of Covid?), so would prefer the current text allowing flexibility to remain." Could notification also be provided by personal delivery? Sometimes applicants would prefer to deliver notice personally to allow for discussions with adjacent residents and property owners. Request to clarify that the 500 ft. notification ring is related to the tax parcel or leased site subject to the development application. Leased sites at the airport were specifically mentioned as examples where large numbers of property owners not impacted by a project might have to be notified if notification is based just on the parcel of land. Is it necessary to require copies of returned mailings be provided with an application? Many times, undelivered letters are not returned by the post office prior to the application, and provision of undelivered letters would not impact the notification requirements of the county. Request to at least modify the provision to read 'any returned mailings received as of the date of application.' "While the notes reference modifying the requirement to at least provide return mailings received as of the date of application, I still take some issue with this as the County does not provide this information in the PB/BOC packets. Would prefer if this requirement was removed from the proposal. Staff Resoonse While staff understands the desire for flexibility, the intent of the text amendment is to ensure that community information meetings are held, and resident concerns are considered, before a proposal is finalized. This may require community meetings be held further in advance of an application deadline than is sometimes happening, and this is recommended in the updated Administrative Guidelines. In order to address the noted concerns, the language has been revised to allow a new community meeting be held within the application completeness review timeline in cases where technical issues beyond the control of the applicant or isolated storm events cause a previously scheduled meeting to be cancelled. Additional guidance related to meeting dates generally occurs for larger disasters or disruptive events, and it less appropriate that applications move forward without community meetings when adjacent residents are adapting to situations such as hurricane recovery. Hand delivered notice would meet the intent of the ordinance as long as the property owner received the notice, and not just a tenant. The text amendment language has been modified to allow for first class mailing and/or hand delivery to all property owners within the prescribed notification area. Notification requirements for community meetings are not addressed in the General Statutes but are currently intended to reflect the statutory notification requirements for public hearings so that the same parties notified about the public hearings have already been made aware of the project. The ordinance standards for public hearing notice require all property owners within 500 ft. of the parcel of land be notified, so the requested change would not include everyone who would receive notice of the public hearing. As past department interpretation of the community information meeting notice have allowed for the reduced scope of mailings for leased sites, the number of impacted properties is likely small, and the requested clarification would still allow statutory requirements be met and impacted property owners be notified, the requirement has been clarified to allow the notification to be for properties within 500 ft. of the tax parcel or leased site, if applicable. The intent of including the returned mailings is to allow staff and board members to address questions of residents who did not receive notification of the community information meeting. It would be helpful to have this information, so the requirement has been retained but amended to only require provision of copies of any returned mailings received as of the date of application. Board of Commissioners - June 5, 2023 ITEM: 14- 7 - 1 Comment Provider Document & Section Comment(s) Staff Response Paramounte Engineering, UDO Text Amendment — Questions were asked regarding the role of the guidelines and whether they are The guidelines operate in the same way as other administrative processes, such as Allison Engebretson and Brad Section 10.2.3.0 (Procedure) binding. application deadlines and application requirements. They are intended to be rules, Schuler but ones that are more flexible than ordinances. This will be clarified in the Purpose statement of the Administrative Guidelines, and any language that is guiding rather -Most comments were received than a requirement will be noted as such in the guidelines. during a virtual meeting and are not verbatim; Mr. Schuler did send some written clarifications -those are indicated by quotation marks Administrative Guidelines — Meeting Scheduling The time and day guidelines may be overly rigorous for certain demographics (assumes that adjacent residents work a regular business This language may be more appropriate as a recommendation, rather than an administrative rule. To ensure that applicants consider the demographics and most appropriate meeting day and time for adjacent property owners when scheduling community information meetings, the application form has been modified to require a narrative describing this rationale. Administrative Guidelines — Is it appropriate to have the applicant provide information on the review process The intent of this provision is to provide the meeting attendees with information Meeting Content or could this be provided via a link to the county website included in the regarding the next steps in the process. This has been clarified in the meeting notification letter? Preference is to have a staff member attend the community guidelines, but staff intends to provide additional information that can be available to information meeting. the public regarding the process on the website and available for applicants to provide to attendees. Administrative Guidelines — Since meeting materials are not always finalized at the time the notification is As staff has received no information to date indicating that this is a problem with Meeting Format sent out, could the guidelines be modified to require that the notification include community meetings, the suggested change has been included in the administrative the process for requesting meeting materials for anyone who is accessing the guidelines and notification template. This may be revisited if future problems arise. meeting via telephone? Given the difficulty of identifying in -person meeting venues that are convenient This language has been revised and the requirement for staff pre -approval has been and large enough for adjacent residents, requiring Planning & Land Use removed, though this may be revisited if future problems arise. To ensure that Department approval of a venue may add an additional barrier to the applicant, applicants consider the most appropriate meeting venue for adjacent property especially without clear guidelines for department staff to use in determining owners when scheduling community information meetings, the application form has whether to approve. been modified to require a narrative describing this rationale. Is requiring the applicant to provide masks at public meetings reasonable or This language has been revised to require compliance with local health directives and necessary? This section may not be necessary as local health requirements does not specify health accommodations. would determine what is necessary based on the nature of the public health concern and may not be necessary in outdoor venues. The ADA compliance requirement may be difficult to monitor and could rule out This language has been revised to not refer to a specific set of accessibility meetings on -site or in building such as religious assembly structures that requirements. To ensure that applicants consider the needs of adjacent property otherwise could be appropriate venues. Could this be phrased as a owners when scheduling community information meetings, the application form has recommendation? been modified to require a narrative describing this rationale. This may be revisited if future problems arise. Board of Commissioners - June 5, 2023 ITEM: 14- 7 - 2 Comment Provider Document & Section Comment(s) Staff Response Paramounte Engineering, Administrative Guidelines — "The 'safe and accessible parking' standard seems also tied to the ADA guideline. The intent of this requirement is to ensure that meeting attendees can conveniently Allison Engebretson and Brad Meeting Format Who is responsible for deciding what is 'safe and accessibleT Wouldn't any access the site, which may be on the subject site or park as well as a building. As with Schuler building that is allowed to be occupied today be already providing this?" the draft ADA compliance requirement, this language has been revised, but to ensure that applicants consider the needs of adjacent property owners when scheduling -Most comments were received community information meetings, the application form has been modified to require a during a virtual meeting and are narrative describing this rationale. This may be revised if future problems arise. not verbatim; Mr. Schuler did send some written clarifications -those are indicated by quotation marks Request to clarify what in the guidelines is mandatory and what is recommended. The guidelines operate in the same way as other administrative processes, such as application deadlines and application requirements. They are intended to be rules, but ones that are more flexible than ordinances. This will be clarified in the Purpose statement of the Administrative Guidelines and Community Information Meeting Report, and any language that is guiding rather than a requirement will be noted as such in the guidelines. Administrative Guidelines — Request that if maps showing the subject property and highlighting the parcels of The purpose of this provision is to allow recipients of the letter to know who of their Meeting Notice the property owners who are required to be notified is mandatory that it be neighbors may also have received the information. To alleviate the burden for provided by the Planning & Land Use Department (at least upon request) applicants who are not professional land designers, attorneys, or engineers, the guidelines have been updated to remove this provision but to require the applicant provide the list of persons notified to the Planning & Land Use office as part of the notification for the community meeting. This will allow staff to answer questions that adjacent property owners may have regarding who should have received notification. If it is determined that the staff pre -approval of a location is unreasonable and is (B) has been removed. removed from the guidelines, (B) should be modified to reflect. Administrative Guidelines — Given the difficulty of getting a sign -in sheet for a virtual meeting, especially large While it may be difficult for applicants to get a full list of virtual attendees for large Post Meeting Procedures ones, could a recording of the full community information meeting be provided meetings, a recording of the full community information meeting is not as accessible instead? The provision in (A)(b) may not work for larger meetings either. for this type of information as a provided list. The requirement that a list of names and addresses of attendees be provided has been retained but for virtual meetings with over 50 attendees, applicants are allowed to provide a full recording as an alternative. Administrative Guidelines — "Overall, would prefer ... [that the] guidelines [be] more of a 'best community The intent of this document is to outline administrative requirements, so there will be Overall Document meeting practices' document that could be provided to potential applicants and some regulatory language, though administrative rules by nature allow for more not regulatory in nature." flexibility than ordinance provisions. Language that is more appropriate as a guideline or best practice has been identified as such, and the document has been revised. Notification Letter Template Could the information on how to contact the Planning & Land Use Department The template has been revised to provide more concise staff contact information. be more concise (perhaps handled by a link) in order to allow for one page notification letters? Longer letters are less likely to be read in their professional experience. Board of Commissioners - June 5, 2023 ITEM: 14- 7 - 3 Public Comments In Support 8 Neutral 2 In Opposition *Received after public comment period ended Board of Commissioners - June 5, 2023 ITEM: 14- 8 - 1 From: Kerri Allen To: Roth. Rebekah Subject: NC Coastal Federation Comments - TA23-02 Date: Wednesday, May 3, 2023 1:37:56 PM Attachments: Comments NCCF TA23-02 5.3.23.odf ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Ms. Roth, On behalf of the North Carolina Coastal Federation, please accept the attached comments on text amendment (TA23-02) regarding Community Meeting Guidelines, scheduled to be heard Thursday, May 4th. Thank you for your consideration and please do not hesitate to reach out with any questions. All the best, Kerri Kerri Allen Coastal Advocate / Coastal Management Program Director 309 W. Salisbury St. Wrightsville Beach, NC 28480 910.509.2838 x203 (Office) 910.619.8469 (Mobile) Visit www.nccoast.org to join or learn more Get the latest coastal news at Coastal Review Online ®❑ Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 1 North Carolina Coastal Federation Working Together for a Healthy Coast May 3, 2023 New Hanover County Planning Board 230 Government Center Drive Wilmington, NC 28403 Re: Community Meeting Guidelines TA23-02 Dear members of the New Hanover County Planning Board, On behalf of the North Carolina Coastal Federation, please accept our support for text amendment (TA23-02) regarding Community Meeting Guidelines. The Federation is a non- profit organization dedicated to protecting and restoring the North Carolina coast. Our organization represents 16,000 supporters statewide and works with the public, agencies and local governments to communicate and collaborate wherever possible towards solutions that lead to the stewardship and resiliency of our coast. The Federation applauds New Hanover County for proposing that Community Information Meetings be required and be held prior to application submission for conditional rezonings, planned developments, and intensive industry. These meeting requirements open the door to direct citizen and applicant communication and lead to greater transparency and citizen involvement that, in turn, leads to greater prosperity for the community as a whole. Further, the Federation respectfully requests that Community Information Meetings also be required for Industrial Special Uses in the I-1 district. The purpose of a Community Information Meeting is to inform owners and residents of nearby lands about a proposed development application, and to provide the applicant an opportunity to hear comments and concerns about the development proposal as a means of resolving conflicts and outstanding issues, where possible. Without Citizen Information Meetings, affected citizens have no opportunity to ask direct questions of Industrial Applicants in a public forum, free from the procedural and time constraints of subsequent Planning Board and County Commission meetings. Additionally, Industrial Special Use applications in the I-1 District are Quasi -Judicial in nature which further constrains the ability of citizen stakeholders to be effectively involved early in the planning process. Such hearings do not allow citizens to contact Planning Board or County Commission members before meetings with their concerns and lack of information exchange severely hampers the ability of citizens to arrange their own experts supporting their concerns as findings of fact. Northeast Region Headquarters & Central Region Southeast Region 637 Harbor Road, P.O. Box 276 3609 N.C. 24 • Newport, NC 28570 309 W. Salisbury Street Wanchese, NC 27981 252.393.8185 Wrightsville Beach, NC 28480 252.473.1607 Board of Commissionwtorglune 5, 2023 910.509.2838 ITEM: 14- 9 - 2 North Carolina Coastal Federation Direct communication and negotiation of possible conflicts early in the process may be effectively eliminated when Citizen Information Meetings are made optional. The Federation believes in local authority and adequate public participation to determine what are, and what are not, appropriate industrial uses within New Hanover County. Through this process, we are looking to promote environmentally sustainable economic development recruitment and business practices to help our community thrive and prosper; we need new businesses that will support our entire community and not hinder any further development or harm already existing businesses. A good industry can elevate our county's brand value locally and nationally, resulting in an increase in short and long- term job opportunities, while a harmful industry can potentially drive away future businesses, residents, visitors, and stall career and job growth. Thank you for the opportunity to be involved in this important issue, and we thank the board and county staff for their continued work on the living document that is the UDO. We trust you will make sound, thoughtful decisions that will promote clean business and industry, creating sustainable jobs while safeguarding our air, our water, and the natural resources that drive the economy and protect the quality of life for all of us. Your leadership on this important process will ensure continued economic growth in this region and maintain a thriving, healthy community for future generations. Sincerely, Kerri Allen Coastal Management Program Director Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 3 From: Sharon Valentine To: iDetroff(cacldena.com; citarrant14(clamail.com; istoklev86(abstoklevdevelooment.com; hansen(cbmwmrealestate.com; pavery(a)mckinleybuilding.com; iclarkhil2g0kimail.com; Roth, Rebekah Subject: Community Meeting Guidelines-TA-23-02 Date: Wednesday, May 3, 2023 12:36:18 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** My name is Sharon Valentine and I am the team chair for Local Issues at Del Webb in Riverlights. I moved from Cumberland County after years of being embroiled in the Dupont/Chemours Genex controversy. As such I understand the critical importance of citizens informational meetings in order to ask questions or raise concerns with industrial applicants particularly in the early stages of the application process. I commend you on the proposed improvements to the Citizen Information Meetings TA23-02 but urge you to change the current language in the UDO 1-1 industrial district uses from "may" to "shall" to require the CIM. Direct citizen and applicant communication prior to application for rezoning benefits the entire community. Respectfully, Sharon Valentine 3755 Old Sand Mine Dr. Wilmington, NC 28412 Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 4 From: hansenforest(caaol.com To: Roth. Rebekah Subject: FW: Community Meeting Guidelines TA23-02 Date: Monday, May 1, 2023 1:32:09 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear New Hanover County Planning Board members, I support the text amendment (TA23-02) changes regarding Community Information Meeting Guidelines. As a resident of New Hanover County, I support local government transparency and community engagement. Required Community Information Meetings held prior to application submission for conditional rezonings, planned developments, and intensive industry provide the opportunity for direct citizen and applicant communication which benefits our community. I request that an addition to the text amendment be made to require Community Information Meetings for Industrial Special Uses in the 1-1 district. It is critical to require Community Information Meetings for Industrial Special Uses. Without such meetings, affected citizens have no opportunity to ask direct questions of Industrial Applicants in a public forum early in the process without time constraints. These meetings allow citizens to raise comments and concerns with the applicant. This direct communication and negotiation of possible conflicts early in the process is critical to helping ensure a positive outcome for our community. Public participation is critical to identify what are and are not appropriate industrial uses within New Hanover County. Thank you for your consideration of my request. Sincerely, Beth Hansen 3722 Amber Drive Wilmington, NC 28409 Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 5 From: noreply(a civicplus.com To: May, Katherine; Roth. Rebekah; Vafier. Ken; Farrell, Robert; Biddle. Wendell; Doss, Amv; Griffee. Julian; Dickerson. Zachary Subject: Online Form Submission #3133 for Public Comment Form Date: Tuesday, May 2, 2023 3:27:40 PM ** 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 Emily Last Name Donovan Address PO Box 1313 City Wilmington State NC Zip Code 28402 Email info&cleancapefear.org Projects available for PB Meeting - TA23-03 - Community Information Meetings comment. Amendment What is the nature of Support project your comment? Public Comment Clean Cape Fear is a grassroots community action group working to restore and protect our air, soil, water, and food supply from PFAS contamination, as well as spotlight deficiencies in government regulations that adversely impact our right to these basic needs. We formed in June 2017 after learning Chemours, formerly DuPont, dumped large quantities of PFAS into the Cape Fear River —our primary source of drinking water. Since then we've worked to bring national and international attention to our region's PFAS contamination crisis. Most recently, we filed a communication with a U.N. Special Rapporteur seeking redress of human rights violations from PFAS contamination in our region. Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 6 The U.N. Special Rapporteur on Toxics has consistently identified the right to information as integral to the mandate to uphold human rights. In fact, the U.N. has stated: "Access to information is a prerequisite to the protection of human rights, including worker rights, from hazardous substances, to public participation in decision -making and for monitoring governmental and private -sector activities." I commend the Planning Department for their modifications to the Community Information Meetings. In addition, I would like to add the following modification to the proposed Text Amendment: "Special use permits for 1 -1 industrial uses or classified as an intensive industry." The Community Information Meetings allow for early, direct, and meaningful face-to-face communication between citizen groups and potential applicants for planning proposals. This proposed addition to the Community Information Meetings amendment will significantly improve transparency and strengthen New Hanover County's commitment to upholding the right to information --which is internationally recognized as a fundamental human right. Thank you for your time and consideration. 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 - June 5, 2023 ITEM: 14- 9 - 7 From: noreply(a civicplus.com To: May, Katherine; Roth. Rebekah; Vafier, Ken; Farrell, Robert; Biddle. Wendell; Doss, Amv; Griffee. Julian; Dickerson. Zachary Subject: Online Form Submission #3155 for Public Comment Form Date: Wednesday, May 3, 2023 10:51:29 AM ** 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 Last Name Address City State Zip Code Email Projects available for comment. What is the nature of your comment? Robert Parr 6706 Falcon Pointe Road Wilmington North Carolina 28411 nativewildtrout anamail.com PB Meeting - TA23-03 - Community Information Meetings Amendment Support project Public Comment The Planning Department and Staff are to be commended for their suggested modifications to the Citizen Information Meeting (CIM) section of the UDO. Adoption of these suggestions will be beneficial for both applicants and the wider community. I strongly support these efforts to add transparency, clarity and, most importantly, to recognize and protect early citizen involvement in the planning process. Recently the American Lung Association recognized Wilmington for being one of the Cleanest Cities for Air Quality in the US in 2023. Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 8 https://www.Iung.org/research/sota/key-findings/cleanest-cities Wilmington's clean air did not come about by chance - it is the result of persistent, decades long work by our local citizens and environmental organizations. This achievement was only made possible by citizens and environmental advocates working in the earliest stages - researching industrial emissions, delineating expected negative impacts, checking past company performance, identifying possible health impacts and, when possible, directly negotiating with specific industries on community concerns and mitigation strategies - trying to avoid the wrong industry in the wrong place. These complex community services — fall outside of expected practice parameters for the Planning Department, the Planning Board and our Elected Officials - but when incorporated into the planning process - have repeatedly led to enhancing economic vitality, protecting public health and maintaining quality of life. The best planning takes a team and we are asking to keep a robust Citizen Information Meeting as part of the solution. Which brings us to Citizen Information Meeting Amendment TA 23-02. At present TA 23-02 contains a concerning loop hole for Special Use Industrial zoning applications in the 1 -1 District — a loop hole that can easily fixed at the present time. 10.2.3 Community Information Meeting / B. Applicability / 1. c. Special use permits for uses classified as intensive industry As presently written this section fails to clearly and specifically require CIM for Industrial Permits in the 1 -1 District not classified as intensive industry. This omission is of particular concern because portions of the 1 -1 district are presently located adjacent to schools, parks, commercial enterprises and established residential neighborhoods. The specific industries of concern are identified by their NAICS codes and include: Fabric Coating Mills, Wood Preservation, Basic Chemical Manufacturing, Chemical Product Manufacturing, Paint/Coating/Adhesive Manufacturing, Resin/Synthetic Rubber/Synthetic Fiber Manufacturing, Soap/Cleaning Compound/Toilet Prep Manufacturing, Rubber Product Manufacturing, Plastic Product Manufacturing, Clay/Refractory Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 9 Manufacturing, Glass Manufacturing, Aluminum Product Manufacturing, Iron/Steel Mills, Iron alloy Manufacturing. Many of these NAICS coded industries have well documented histories of toxic water and air discharges, regulatory lapses and permanent land degradation in other communities across the nation. Our present planning ordinance certifies CIMs for Conditional Rezonings, Planned Developments and Identified Intensive Industry - but not for chemical plants, paint/coating manufacturers, iron/steel mills ... all with potential for wide spread negative impacts. The good news is that Special Use industrial uses in 1 -1 districts have all been identified - all we need to do is codify, in this text amendment, that already identified specific uses require a Citizen Information Meeting. Suggested Modification: 10.2.3 Community Information Meeting / B. Applicability / 1. c. Special use permits for 1 -1 industrial uses or classified as intensive industry The enclosed photos show the Citizen Information Meeting in action and citizens taking an active role in the planning process speaking on these present matters of concern. Do not hesitate to contact me if you have any questions. Thank you, Dr. Robert Parr (910 520 6449) 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 5E6109FA-AFD0-4112-BA5F-7E1 EECA88BCO.png File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 10 From: noreply(a civicplus.com To: May, Katherine; Roth. Rebekah; Vafier. Ken; Farrell, Robert; Biddle. Wendell; Doss, Amv; Griffee. Julian; Dickerson. Zachary Subject: Online Form Submission #3166 for Public Comment Form Date: Wednesday, May 3, 2023 3:42:07 PM ** 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 Roger Last Name Shew Address 4910 Park Ave. City Wilmington State NC Zip Code 28403 Email shewr&uncw.edu Projects available for PB Meeting - TA23-03 - Community Information Meetings comment. Amendment What is the nature of Support project your comment? Public Comment Planning Board Members, I am writing to support the Text Amendment for the Community Information Meetings - TA23-03. Requiring community meetings is an essential part of community involvement and best governance practices. Early engagement with the community provides needed oversight as well as better relations and results for any plan. If the community can't find out information and be able to then communicate concerns, then representative government suffers. These community meetings have provided valuable space for all residents and particularly those that are directly impacted with growth. This is especially true for large light or heavy industrial development projects. I remember one Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 11 that I was involved with on the sand mine on Hwy 421 where the meeting led to a discussion of how to mine that satisfied a lot of public concerns. The discussions led to thinking about mining without pumping or dewatering of the pits (wet mining). Dewatering would have led to movement of metals/contaminants from the Duke Coal site nearby. We can only come to the right decisions with full transparency and real information that is discussed openly. I ask that Community Meetings be required for all Industrial Special Uses including the 1-1 district. Industries that want to be a part of our community and contribute to it would want to be open and provide information to the public and planning board early in the planning process to avoid poor decisions and upset community members. Thank you for all the efforts that you, and we in the community, have done to have this well -crafted LIDO in place; it provides important guidance for our area. The slight change to the wording to ensure that Community Meetings SHALL be held for the "industrial' zoning in the 1-1 District is a small word change but an important one. Thank you for your time, Roger Shew 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 - June 5, 2023 ITEM: 14- 9 - 12 From: noreply(a civicplus.com To: May, Katherine; Roth. Rebekah; Vafier, Ken; Farrell, Robert; Biddle. Wendell; Doss, Amv; Griffee. Julian; Dickerson. Zachary Subject: Online Form Submission #3173 for Public Comment Form Date: Thursday, May 4, 2023 8:05:02 AM ** 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 Last Name Address City State Zip Code Email Projects available for comment. What is the nature of your comment? Andy Wood PO Box 1008 Hampstead NC 28443 awood&coastalplaincg.org PB Meeting - TA23-03 - Community Information Meetings Amendment Support project Public Comment This note is in reference to TA23-03: Text Amendment to amend Section 10.2.3 to clarify the requirements for Community Information Meetings. Please know that the Board of Directors and members of Coastal Plain Conservation Group (CPCG) support New Hanover County's inclusion of Community Information Meetings (CIM) as a matter of due diligence to enable planners and policymakers to garner information from community members. In keeping with the County's motto of being The Model of Good Governance, it is incumbent upon County leaders to respectfully hear from residents with vested interests in the County's wellbeing. Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 13 CPCG strongly supports the County's efforts to add transparency and clarity in resource management decision making and we are writing to encourage County leaders to recognize and protect citizen involvement in the planning process with the help of Citizen Information Meetings conducted as part of the County's planning process.. Thank you for your consideration, Andy Wood, Director Coastal Plain Conservation Group 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 - June 5, 2023 ITEM: 14- 9 - 14 From: homebull(o)aol.com To: ioetroff(a)cldeng.com; citarrantl4Ccbgmail.com; istokley86(a)stokleydevelopment.com; hansen(omwmrealestate.com; pavery(cbmckinleybuildina.com; iclarkhippCaamail.com; Roth, Rebekah; LEONARD BULL; Sharon Valentine Subject: Re: NHC Environment Action Alert: Add Language in UDO to require Community Information Meetings for Industrial Uses Date: Wednesday, May 3, 2023 12:51:45 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Re: Community Meeting Guidelines TA23-02 Dear New Hanover County Planning Board members, My name is Leonard Bull, and I am a retired former 20 year faculty and administrator at NCState in Raleigh. I live in the DelWebb community in River Lights and am concerned about the way that decisions re made and sometimes ignored in the planning process for this community. I support the text amendment (TA23-02-) changes regarding Community Information Meeting Guidelines. As a resident of New Hanover County, I support local government transparency and community engagement. Required Community Information Meetings held prior to application submission for conditional rezonings, planned developments, and intensive industry provide the opportunity for direct citizen and applicant communication which benefits our community. I request that an addition to the text amendment be made to require Community Information Meetings for Industrial Special Uses in the I-1 district. It is critical to require Community Information Meetings for Industrial Special Uses. Without such meetings, affected citizens have no opportunity to ask direct questions of Industrial Applicants in a public forum early in the process without time constraints. These meetings allow citizens to raise comments and concerns with the applicant. This direct communication and negotiation of possible conflicts early in the process is critical to helping ensure a positive outcome for our community. Public participation is critical to identify what are, and are not, appropriate industrial uses within New Hanover County. Thank you. Leonard S Bull, PhD, PAS Emeritus Professor/Department Head, NCState Animal Science, former Assoc Director of Ag Research, former Vice Chancellor for International Programs and former Associate Director, NCState Animal and Poultry Waste Management Center 3755 Old Sand Mine Drive Wilmington NC28412 homebull@aol. com Board of Commissioners - June 5, 2023 ITEM: 14- 9 - 15 From: Raoul Rebillard To:Jstokley86(o)stokleydevelopment.com; citarrant1461gmail.com; hansen(ci)mwmrealestate.com; pavery(amckinleybuilding.com; iclarkhor)(aDamail.com; Roth, Rebekah; ietroff(o)cldena.com Subject: Community Information Meeting Guidelines Date: Monday, May 1, 2023 6:01:16 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To New Hanover County Planning Board members: As a 20 year resident of New Hanover County, I have long supported local government transparency and community engagement. Community Information Meetings are a necessary part of the democratic process. When held prior to application submission for conditional rezonings, planned developments, and intensive industry provide the opportunity for direct citizen and applicant communication. I respectfully request that an addition to the text amendment be made to require Community Information Meetings for Industrial Special Uses in the 1-1 district. It is critical to reauire Communitv Information Meetinas for Industrial Special Uses. Without such meetings, affected citizens have no opportunity to ask direct questions of Industrial ADDlicants in a Dublic forum early in the process without time constraints. These meetings allow citizens to raise comments and concerns with the applicant. Direct communication and negotiation of possible conflicts early in the process is critical to helping ensure a positive outcome for our community. Public participation is critical to identify what are, and are not, appropriate industrial uses within New Hanover County. Thank you. Priscilla Rebillard 6209 Motts Village Rd Wilmington, NC 28412 Board of Commissioners - June 5, 2023 ITEM: 14- 10 - 1 From: Samuel B. Franck To: Roth, Rebekah Subject: RE: Text Amendments re Community Engagement Date: Thursday, May 4, 2023 2:47:02 PM Attachments: imaae003.i)ng image004.p_na imacie005.ma image006.pna imaae806987.png image475547.pna imaae254879.png ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Rebekah — Some specific suggestions on the current proposed text that is linked here: TA23-02 - Community Meeting Text Amendment - PB Draft (nhcgov.comJ 10.2.3.A: so they are able to address misconceptions. evaluate potential solutions to resolve conflicts and outstanding issues through discussion —and where reasonably possible and an improvement to the proposal to do so, incorporate reasonable modifications to the proposals Vie. As you probably already understand, the return receipts take forever to show up. I'm not proposing a change here, because I suspect that you have a good reason for including that provision at 10.2.3.C.2.b.2, but that is probably not a reliable mechanism to arm staff with timely and accurate information about outdated contact addresses. best regards, Sam Samuel B. Franck Board Certified Specialist in Commercial Real Property Law Ward and Smith, P.A. 127 Racine Drive I University Corporate Center (28403) Post Office Box 7068 1 Wilmington, NC 28406-7068 P: 4.4835 I F:910.794.48771 M: 910.228.3092 www.warw.wardandsmith.com Camp Lejeune Water Contamination Lawsuit Information []Do If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to the sender of this message. Neither the name of Ward and Smith, P.A. or its representative, nor transmission of this email from Ward and Smith, P.A., shall be considered an electronic signature unless specifically stated otherwise in this email by a licensed attorney employed by Ward and Smith, P.A. Thank you. From: Samuel B. Franck <SBF@wardandsmith.com> Sent: Thursday, May 4, 2023 11:21 AM To: rroth@nhcgov.com Subject: Text Amendments re Community Engagement Board of Commissioners - June 5, 2023 ITEM: 14- 10 - 2 From: Brad Schuler To: ietroff(cacldenaxom; citrrant14(@amail.com; hansen(camwmrealestate.com; Pete Averv; iclarkhioo(caamail.com; hine( pbcdesignbuild.com Cc: Roth, Rebekah Subject: Community Meeting Text Amendment Date: Thursday, May 4, 2023 11:10:53 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Good morning Planning Board Members, I provided comments for the community meeting amendment to staff that have been included in the Board's packet, but I wanted to provide additional background. While I appreciate staff's recent changes to the proposal, I am asking you all to not move it forward to the Commissioners for consideration. Overall, I feel the amendment is based on unrealistic expectations as to the purpose of a community meeting and may add time to the rezoning process without meaningful changes. Over my career as a professional planner, I have attended over 100 community meetings, both as local government planner and as a private sector planner, assisting property owners through the entitlement process. During my time working for New Hanover County, I attended the vast majority of community meetings conducted in the County from 2015 to 2021. 1 do believe community meetings are a helpful step in the planning process as it allows for direct communication between the development team and nearby residents; however, I have concern that the proposed amendment appears to set the expectation that developers should make changes to the proposal based on the comments received at the meeting. While community meetings can lead to tweaks in a proposal and agreements between the developers and neighbors, it should not be a "design by committee" meeting. Often times, suggested changes received by the neighbors would make the project infeasible. Other times, community meetings are not well attended, or folks only have general questions regarding the proposal. While the staff report appears to indicate that there have been complaints regarding community meetings ongoing for several years, that was never my experience during my time at the County. Sure, people complain about not being notified, but they also have that same compliant about the notifications for the Planning Board and Commissioners meetings. Simply, whoever lives 501 feet away from the property may complain about the 500-foot notification rule. Change the rule to 1,000 feet, then the person living 1,001 feet away may complain. It is important to note that the County's 500-foot notification rule far exceeds the minimum requirements of the State Statutes, which just requires mailed notice to be provided to property owners abutting the subject site. Unfortunately, you will never make everyone happy with the notification process, especially those folks who are oppose to any development occurring near their property, but the current practice is working. Folks concerned about a development proposal are typically aware of, and attend, the community and public meetings. It also appears that the proposed amendment is the result of a recent rezoning application in which the applicant elected not to conduct another community meeting. While I do not know all of the specifics of that case, the applicant did use the flexibility provided by the current code due to the uniqueness of the proposal already getting feedback from the neighbors at a previous community meeting and Planning Board meeting. I see no issues with the flexibility provided by the current code or that the applicant elected to use that flexibility in this case Board of Commissioners - June 5, 2023 ITEM: 14- 11 - 1 because it appears the changes to the plan were the result of the feedback provided. The current code makes it clear that the adequacy of the community meeting/report will be considered by both the Planning Board and Commissioners, so the applicant should be aware of the risks in pursuing such route. And with a 4-3 vote, it obviously shows that these situations are not black and white, and that there could be times when the flexibility is warranted. This, from my knowledge, was the only time that adequacy of a community meeting was considered by the Planning Board or Board of Commissioners and used to continue an item. And with hundreds of community meetings likely being held under the current code, would make this an issue in less than 1 % of all community meetings conducted. Therefore, why are we creating new regulations due to issues with one application? Especially when at the end of the day, the current regulations worked — and application was delayed by one month in order to conduct another community meeting. Overall, I do not believe additional regulations are needed in the community meeting process. I ask you all to keep the current ordinance unchanged, and use the administrative guidelines produced by staff as a "best community meeting practices" document that can be provided to potential applicants. That being said, should the Board wish to move the proposed amendment to the Commissioners, I do have the following concern regarding the amendment for your consideration: 1. The revised amendment intends to provide some flexibility in unique situations by allowing the meeting report to be submitted 3 days after the application deadline. The 3-day allowance is too short and will often result in the application being delayed one month. As community meetings required 10-day notification, any meeting scheduled to be held within one week of the submittal deadline would not be able to be re -noticed to meet the proposed 3-day allowance. Thanks, Brad Brad Schuler, AICP Paramounte Engineering, Inc. 1 122 Cinema Drive Wilmington, NC 28403 Office: (910) 791-6707 1 Cell: (252) 531-9971 Fax: (910) 791-6760 1 www.paramounte- eng.com Board of Commissioners - June 5, 2023 ITEM: 14- 11 - 2 From: noreply(a civicplus.com To: May, Katherine; Roth. Rebekah; Vafier. Ken; Farrell, Robert; Biddle. Wendell; Doss, Amv; Griffee. Julian; Dickerson. Zachary Subject: Online Form Submission #3135 for Public Comment Form Date: Tuesday, May 2, 2023 4:54:17 PM ** 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 Edmund Last Name Mccaffray Address 7512 Dunbar Rd City Wilmington State NC Zip Code 28411 Email mccaffraybeaunggmail.com Projects available for PB Meeting - TA23-03 - Community Information Meetings comment. Amendment What is the nature of Oppose project your comment? Public Comment RE: Case TA 23-03 Community Information Meetings Amendment I commend the Planning Department for their modifications to the Community Information Meetings. In addition I would like to add the following modification to the proposed Text Amendment: Special use permits for 1 -1 industrial uses or classified as intensive industry. Board of Commissioners - June 5, 2023 ITEM: 14- 11 - 3 The Community Information Meetings allow for early, direct and meaningful face to face communication between citizen groups and potential applicants for planning proposals. This proposed addition to the Community Information Meetings amendment will significantly improve transparency, effective citizen involvement and applicant interaction and the efficiency of the following Planning Board and County Commission meeting as part of the planning process. Thank you, Edmund "Beau" McCaffrey 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 - June 5, 2023 ITEM: 14- 11 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Planning & Land Senior Planner CONTACT(S): Robert Farrell; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z23-09) - Request by Rob Tanner with Impeccable Development, applicant, on behalf of Andrea Jones, Gwendolyn Horton, Christin Deener, Dwayne Barr, and Kimberlee Barr, property owners, to rezone seven (7) parcels totaling approximately 11.77 acres of land located at 6800, 6808, 6814, 6818, 6820, 6824, and 6828 Carolina Beach Road from R-15, Residential to 2.37 acres of (CZD) B-1, Neighborhood Business and 8.6 acres acres of (CZD) RMF-M, Residential Multi -Family - Moderate Density for a convenience store with fuel stations and a maximum 128 unit multi -family development. (See page 1 of the attached staff report for a reference map). BRIEF SUMMARY: The applicant is proposing to rezone seven parcels totaling approximately 11.77 acres from the R-15, Residential zoning district to approximately 2.37 acres to the (CZD) B-1, Neighborhood Business and approximately 8.66 acres to the (CZD) RMF-M, Residential Moderate Family - Moderate Density districts for convenience store with fuel pumps and a multi -family development. The concept plan can be broken into two interconnected portions: the convenience store with fuel pumps to the east bordering Carolina Beach Road, and the multi -family portion to the west. The applicant has included a voluntary condition of a sidewalk or multi -use path along Carolina Beach Road within a public easement. The sidewalk or multi -use path will include pedestrian crossing safety labels at the driveway entrances to the site. The eastern portion of the project consists of a maximum 6,000 square foot convenience store and 16 pump fueling station with associated parking. The concept plan identifies two existing Live Oak specimen trees that will be preserved along Carolina Beach Road. A condition has been included preserving the trees. The western portion of the project consists of six multi -family apartment structures with a maximum total of 128 units between them with an area for amenities, open space, stormwater management, and perimeter parking circling five of the multi -family structures. The multi -family structures are three stories with the exception of a two story structure at the southern end of the project. The structure is proposed at two stories to reduce potential visual impacts to neighboring single-family residential uses. The two story limitation for the southernmost structure has been included as a condition of approval. Stormwater is proposed to be managed by a shared stormwater management system on the multi -family portion of the project. A condition has been included requiring a stormwater maintenance agreement between the convenience store and the multi -family development. Board of Commissioners - June 5, 2023 ITEM: 15 The site is accessed at the intersection of Carolina Beach Road, an NCDOT maintained Urban Principal Arterial highway, and Myrtle Grove Road, an NCDOT maintained Minor Arterial road. The intersection is signalized and the concept plan proposes an access road extended from the intersection of Carolina Beach Road and Myrtle Grove Road west into the interior of the site for access to the convenience store and proposed multi -family development. The site includes a second right -in / right -out driveway access onto Carolina Beach Road south of the intersection. The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor remains primarily zoned for low density housing. While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential such as the Bayat Mixed Use convenience store and triplex development and the McQuillan Pines mixed use apartment and storage facility project to the south of the site. As currently zoned, the site would be permitted up to 29 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 128 units equate to an overall density of 14 du/ac. It is estimated the site would generate approximately 24 AM and 31 PM peak hour trips if developed at the permitted density for performance development in the R-15 district. The proposed RMF-M development is estimated to generate 63 AM and 76 PM peak hour trips. The proposed convenience store with fuel pumps is estimated to generate 506 AM and 430 PM peak hour trips with a reduction of 238 AM and 258 PM trips due to pass -by traffic. Combined, the project would result in an additional estimated 331 AM and 248 PM peak hour trips. Pass -by trips are made by the traffic already using the adjacent roadway, entering the commercial portion of the site as an intermediate stop on their way to another destination. It should be noted that the expectation is these trips would enter and exit the site within the same hour. The proposed project is located along a major arterial highway that is currently nearing capacity. The Carolina Beach Road — Myrtle Grove Road intersection is an important signalized intersection in the Carolina Beach Road corridor. Proposed improvements listed in the TIA include improvements to the signalized intersection to accommodate the additional traffic generated from the site and improvements to existing U-turns on Carolina Beach Road. The approved TIA can be viewed here. There is an existing convenience store with fuel stations across Carolina Beach Road, and another similarly sized convenience store with fuel stations recently approved by the Board of Commissioners in March 2023 immediately adjacent to the subject site to the south. The proposed attached housing type increases housing type diversity in the area and acts as a further transition between the Carolina Beach Road corridor to the east, an area dedicated for conservation to the west, and different housing types to the north and south. Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School and Ashley High School. Based on a generalized student generation rate, staff would estimate the increase in dwelling units would result in an increase of approximately 22 more students than estimated under current zoning. The 2016 Comprehensive Plan designates this area as Community Mixed Use which focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. Board of Commissioners - June 5, 2023 ITEM: 15 The proposed rezoning request is generally CONSISTENT with the 2016 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 considered this application at the May 5, 2023 meeting. One member of the public spoke in opposition citing concerns with traffic safety at the intersection of Myrtle Grove Road and Carolina Beach Road. The Planning Board voted to recommend approval of the petition (6-0) with an additional condition proposed by the applicant establishing 10 percent of the units to be dedicated to workforce housing for a minimum of 15 years. The board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type was within the recommendations of the Community Mixed Use place type and the commercial development acts as an appropriate transition between the highway corridor and residential development. The board found RECOMMENDING APPROVAL of the rezoning request was 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. 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: While the proposed project would be the third convenience store with fuel stations at an intersection that is transitioning into a node, the density of commercial land uses in an area is outside the scope of staff review. 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 Community Mixed Use within the Comprehensive Plan. The plan recommends a mix of commercial uses and residential housing types that act as a transition between higher intensity and lower intensity development and identifies the scale of the recommended development as up to 3 stories and 15 du / ac. The scale and density of the proposed development conforms with the recommendations for the place type and provides transitions from the proposed commercial portion of the project to existing and proposed residential uses. Proposed improvements required by the TIA accommodate the additional traffic generated from the site and include improvements to the signalized intersection and existing U-turns on Carolina Beach Road. Additional conditions related to tree retention and pedestrian infrastructure along Carolina Beach Road increase walkability for the immediate area with opportunities for future extensions. 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 and housing type is within the recommendations of the Community Mixed Use place type and the commercial development acts as an appropriate transition between the highway corridor and residential development. 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 Board of Commissioners - June 5, 2023 ITEM: 15 transition between existing commercial and residential development. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units for a period of 15 years. Proposed Conditions: 1. An opaque fence shall be provided along the property line adjoining any existing residential development. The fence location may be adjusted by Planning staff to accommodate any utilities, easements, or saved / protected trees. 2. The two (2) specimen trees shown on the concept plan along Carolina Beach Road shall be retained and preserved on site. 3. Existing trees onsite will be preserved that do not impact required land grading or other improvements and future amenities as identified in the required Tree Removal Permit. 4. The southernmost multi -family structure as shown on the concept plan shall be limited to two -stories in height. 5. Exterior lighting will be designed and installed to maintain adequate lighting levels on the proposed site while assuring that excessive light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. 6. A sidewalk or multi -use path shall be installed along Carolina Beach Road extending from the northern property line to the southern property line with stubs for connection to existing or future pedestrian facilities on adjacent parcels. Pedestrian crossing labeling meeting NCDOT minimum requirements for pedestrian safety shall be installed at both driveway entrances. The pedestrian facility along Carolina Beach Road shall be within a dedicated public access easement. 7. A stormwater maintenance agreement shall be made between the convenience store with fuel pumps and the multi- family development if they are on separate parcels or under separate ownership. 8. The project will include a minimum of 10% of the units as workforce housing units that will be made available for a period of no less than 15 years with rental limits based upon H U D income limits of 80% AMI. An agreement between the developer and the county will be required before the issuance of a Certificate of Occupancy for the multi -family portion of the project. The agreement shall specify: - The number of affordable units provided; - The income limits, - Rent limits subject to annual change; - The period of time workforce housing units must remain affordable; - Any other criteria necessary for compliance and monitoring; - An established timeframe for annual reporting from the developer or owner of the development to New Hanover County. Annual reports shall provide the following minimum information: - Unit number - Bedroom number - Household size - Tenant income - Rent rate -The developer or owner of the development shall report any mid -year lease changes to workforce housing units to New Hanover County to ensure lease changes remain compliant with the agreement. If the total number of workforce housing units falls below the minimum of 10% of the units before the expiration of the minimum 15-year period of affordability the development will be subject to enforcement measures found in Article 12 Violations and Enforcement of the Unified Development Ordinance. Alternative Motion for DENIAL (If based on information presented at the public hearing or other consideration Board of Commissioners - June 5, 2023 ITEM: 15 beyond the scope of staff review, the board finds denial appropriate.) I move to DENY 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 Community Mixed Use place type and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. However, I find DENIAL of the rezoning request to be reasonable and in the public interest because the proximity of existing and approved similar uses would not advance the vision for this area of Carolina Beach Road. ATTACHMENTS: Z23-09 BOC Script Z23-09 Staff Report Z23-09 Zoning Map Z23-09 FLUM Z23-09 Mailout Map Application Co\er Sheet Z23-09 Application WMPO TIA Approval Letter TIA Executi\,e Summary Concept Plan Coeer Sheet Z23-09 Concept Plan Public Comment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions as presented by staff. While the proposed use is a larger traffic generator, a substantial portion of those vehicles are existing pass -by traffic already on the roadway, it is located on a portion of Carolina Beach Road that is not over capacity, and the project is sited at a major intersection where a commercial service node is appropriate. Signal improvements required as part of the TIA approval are anticipated to improve current traffic movements at the intersection, and the applicant proposed condition committing to a minimum 15 years of affordability for residents making 80% of area median income advances the Commissioners' strategic workforce housing goals. COMMISSIONERS' ACTIONS: Conducted Public hearing. Approved (4-1) with conditions presented by staff. Commissioner Rob Zapple dissenting. Board of Commissioners - June 5, 2023 ITEM: 15 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-09) Rezoning Request (Z23-09) — Request by Rob Tanner with Impeccable Development, applicant, on behalf of Andrea Jones, Gwendolyn Horton, Christin Deener, Dwayne Barr, and Kimberlee Barr, property owners, to rezone seven (7) parcels totaling approximately 11.77 acres of land located at 6800, 6808, 6814, 6818, 6820, 6824, and 6828 Carolina Beach Road from R-15, Residential to 2.37 acres to (CZD) B-1, Neighborhood Business and 8.66 acres to (CZD) RMF-M, Residential Multi -Family — Moderate Density for a convenience store with fuel stations and a maximum 128 unit multi -family development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type is within the recommendations of the Community Mixed Use place type and the commercial development acts as an appropriate transition between the highway corridor and residential development. 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. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units for a period of 15 years. Board of Commissioners - June 5, 2023 ITEM: 15- 1 - 1 Proposed Conditions: 1. An opaque fence shall be provided along the property line adjoining any existing residential development. The fence location may be adjusted by Planning staff to accommodate any utilities, easements, or saved / protected trees. 2. The two (2) specimen trees shown on the concept plan along Carolina Beach Road shall be retained and preserved on site. 3. Existing trees onsite will be preserved that do not impact required land grading or other improvements and future amenities as identified in the required Tree Removal Permit. 4. The southernmost multi -family structure as shown on the concept plan shall be limited to two -stories in height. 5. Exterior lighting will be designed and installed to maintain adequate lighting levels on the proposed site while assuring that excessive light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. b. A sidewalk or multi -use path shall be installed along Carolina Beach Road extending from the northern property line to the southern property line with stubs for connection to existing or future pedestrian facilities on adjacent parcels. Pedestrian crossing labeling meeting NCDOT minimum requirements for pedestrian safety shall be installed at both driveway entrances. The pedestrian facility along Carolina Beach Road shall be within a dedicated public access easement. 7. A stormwater maintenance agreement shall be made between the convenience store with fuel pumps and the multi -family development if they are on separate parcels or under separate ownership. 8. The project will include a minimum of 10% of the units as workforce housing units that will be made available for a period of no less than 15 years with rental limits based upon HUD income limits of 80% AMI. An agreement between the developer and county will be required before the issuance of a Certificate of Occupancy for the multi -family portion of the project. The agreement shall specify: • The number of affordable units provided; • The income limits; • Rent limits subject to annual change; • The period of time workforce housing units must remain affordable; • Any other criteria necessary for compliance and monitoring; • An established timeframe for annual reporting from the developer or owner of the development to New Hanover County. Annual reports shall provide the following minimum information: o Unit number o Bedroom number o Household size o Tenant income o Rent rate • The developer or owner of the development shall report any mid -year lease changes to workforce housing units to New Hanover County to ensure lease changes remain compliant with the agreement. If the total number of workforce housing units falls below the minimum of 10% of the units before the expiration of the minimum 15-year period of affordability the development will be subject to enforcement measures found in Article 12 Violations and Enforcement of the Unified Development Ordinance. Board of Commissioners - June 5, 2023 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. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, are in line with the Community Mixed Use place type and the proposed development acts as an appropriate transition between existing residential uses in the area. However, I find DENIAL of the rezoning request to be reasonable and in the public interest because the proximity of existing and approved similar uses would not advance the vision for this area of Carolina Beach Road. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a CZD RMF-M and 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 - June 5, 2023 ITEM: 15- 1 - 3 STAFF REPORT FOR Z23-09 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-09 Request: Rezoning to a Conditional B-1 and Conditional RMF-M district Applicant: Property Owner(s): Rob Tanner with Impeccable Development Andrea Jones, Gwendolyn Horton, Christin Deener, Dwayne Barr, and Kimberlee Barr Location: Acreage: 6800, 6808, 6814, 6818, 6820, 6824, and 11.77 6828 Carolina Beach Road PID(s): Comp Plan Place Type: R08200-001-015-000, R08200-001-016-000, R08200-001-021-000, R08200-001-023-000, Community Mixed Use R08200-001-024-000, R08200-001-025-000, R08200-001-026-000 Existing Land Use: Proposed Land Use: Single -Family Residential Convenience Store with Fuel Station and Multi -Family Dwelling Units Current Zoning: Proposed Zoning: R-15, Residential (CZD) B-1 and (CZD) RMF-M SURROUNDING AREA LAND USE ZONING North Manufactured Home Park R-15 East Convenience Store and Single -Family Residential R-15 Single -Family Residential, Electrical Substation, and R-15, CZD B-1 and CZD South an approved rezoning for a Convenience Store with fuel pumps and 4 triplex dwellings R-5 Conservation Land West R-15 Z23-09 Staff Report BOC 6.5.2023 Page 1 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 1 AERIAL n J 1 ,�� �• _ Y� / North ♦,. v �� �� Z23 09A 4 x .� I / -�5ummerTree�� �A � } � 1 n Ch�mey_��� . �✓,1��)] 1 I 1/ice �l �. ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water and sanitary sewer services are not available through CFPUA. Water/Sewer Private water and sewer utilities will be required through an agreement with a private utility provider or permitting for well(s) and septic system(s) through Environmental Health. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Veterans Park L 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 Z23-09 Staff Report BOC 6.5.2023 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 2 Page 2 of 21 APPLICANT'S PROPOSED CONCEPTUAL PLAN Ncith Stormwater xw.nnannr ueexmanm Proposed Access Road n. �I ®u NUILDINGA multi - Family •®� Units Amenity Convenience _ _ Area Store Includes Staff Markups • The concept plan consists of an extension of a private access road west of the intersection of Carolina Beach Road and Myrtle Grove Road with a maximum 6,000 square foot convenience store with 16 fuel pumps on Carolina Beach Road and a maximum of 128 multi- family units split among 6 multi -family structures. The plan also includes areas for parking stormwater and future amenities. • A fenced and vegetated buffer is proposed around the perimeter of the project area with a vegetated buffer between the proposed commercial and residential areas. • The concept plan can be broken into two interconnected portions: The convenience store with fuel pumps to the east bordering Carolina Beach Road, and the multi -family portion to the west. • The applicant has also proposed an additional condition requiring a sidewalk or multi -use path along Carolina Beach Road. The sidewalk or multi -use path will be placed within a public access easement with pedestrian crossing safety labels at the driveways into the site. Z23-09 Staff Report BOC 6.5.2023 Page 3 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 3 Convenience Store with Fuel Pumps Includes Staff Markups • The eastern portion of the project consists of a maximum 6,000 square foot convenience store and 16 pump fueling station with associated parking. • The concept plan identifies two existing Live Oak specimen trees that will be preserved along Carolina Beach Road. A condition has been included preserving the trees. • An access road extends from the intersection of Carolina Beach Road and Myrtle Grove Road west into the interior of the site for access to the convenience store and proposed multi -family development. • The site includes a second right -in / right -out driveway access onto Carolina Beach Road south of the intersection. • Stormwater is proposed to be managed by a shared stormwater management system on the multi -family portion of the project. A condition has been included requiring a stormwater maintenance agreement between the convenience store and the multi -family development. Z23-09 Staff Report BOC 6.5.2023 Page 4 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 4 I f Stormwater I' I i- ------------------- Perimeter Parking BUILDING B S 3r'1Y E s55.25' BUILDING D #1 ® I P d23. 17" P 92L: BUILDING O e 1 A29. 29' P 1122 17P 8 871r'SY [ 0.50.95' /202. IB' P 0 #26. 13" P Open R BUILDING F Space B. W OAK BUILDING E u++r p31, 25• LO /34. 20" P /35. 24. OAK e196. 1e' oak Mr. 1e' ou #fii. 22' OAN 008. 19" OAK e8Yg.3J. 8 433.2R' j142. 18" P OAK 1 BUILDING G ® /114. 25" P #127, 30" P #115, 18' OAK I I I I I #133. 18" P '15. 1e oaK �p01. 24' P �136. 28' OAK _ _ --- �119. -- OAK Fenced and Vegetated Buffer G I Proposed Access Road P0IFNTAL TO RdAIN w�wNc ON wkSuir MEA j$1, la• IA �I �:;',:.::: ,� N1aovAi euc I!'. MULTIFAMILY 15' I� �" CE44 EA AMENITY AREA eK: 1v ge9. a" NIA y49. 16" F' I F- e5z_ CC" P �.— 13" P I Amenity 3" P Area 3-Story Multi - Family L/129. 22' P B 30. 2 2-Story multi - Family OAK Multi -Family Development Includes Staff Markups • The western portion of the project consists of six (6) multi -family apartment structures with a maximum total of 128 units between them with an area for amenities, open space, stormwater management, and perimeter parking circling five (5) of the multi -family structures. • The multi -family structures are three (3) stories with the exception of a two (2) story structure at the southern end of the project. The structure is proposed at two stories to reduce potential visual impacts to neighboring single-family residential uses. Z23-09 Staff Report BOC 6.5.2023 Page 5 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 5 • The 2-story limitation for the southernmost multi -family structure has been included as a condition of approval. • The open space area has been designated as a tree -save area, a condition has been included that trees within the tree -save area shall be retained outside of those required removed for essential site improvements identified on an approved Tree Removal Permit. • The amenity area acts as a transition and buffer between the convenience store and multi- family structures. • No plans have been proposed for the type or scale of the future amenity. Potential amenities could include a clubhouse or recreation center, indoor and outdoor athletic fields and facilities, a swimming pool, or other similar features. If approved, any future amenity would be subject to Technical Review Committee (TRC) and zoning compliance review, as applicable, to ensure compliance with state and local development requirements. • A landscaped buffer is proposed around the outside perimeter of the project providing additional visual buffers from adjoining residential uses. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor remains primarily zoned for low density housing. • While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential such as the Bayat Mixed Use convenience store and triplex development and the McQuillan Pines mixed use apartment and storage facility project to the south of the site. • As currently zoned, the site would be permitted up to 29 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 128 units equate to an overall density of 14 du/ac. • The RMF-M district was established to provide lands that accommodate moderate density single and multi -family development. The intent of the district is to function as a transitional district between intensive non-residential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. • The B-1 district was established 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. Convenience stores with fuel stations are permitted within the B-1 district. • 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. A transitional buffer is not required between the proposed commercial and multi -family development. Z23-09 Staff Report BOC 6.5.2023 Page 6 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 6 • 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. AREA DEVELOPMENTS .4 IN OWN All .. �S a nm \�• .�i► ilr�� ��MINNA l! ai�ll �� STIP Project,• ��wonaal�■s= ; ~7R�i■tatt�4� Approved TIA =_Approved Projects 0 Subject Site Bayat Mixed Use McQuillan Pines - Sea Glass 77 - Harbour Rimer Oaks IIRmi�uo j�111111ll�: fu.....r i�1/11111.u.Tr' �J_ - ••�, ,,,,„ it +~ � ' � �r111111 �St� a.rL�IN IF OWN e _ _�� Sllllli �!!!! ,rri■■1�1! Z23-09 Staff Report BOC 6.5.2023 Page 7 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 7 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 29 single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road at the intersection of Carolina Beach Road and Myrtle Grove Road. Secondary Access Second driveway access onto Carolina Beach Road for the convenience store south of the primary access. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road, Myrtle Grove Road Z23-09 Staff Report BOC 6.5.2023 Page 8 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 8 Type of Roadway NCDOT major arterial and minor arterial Roadway Planning 41,369 Capacity (AADT) Latest Traffic Volume 36,000 (AADT) Latest WMPO Point -in -Time 38,756 Count (DT) Current Level of Congestion Nearing Capacity Source of Planning Capacity: WMPO Sources Source of Latest Traffic Volume: NCDOT (2021 ) Source of WMPO Point -in -Time County: WMPO (2022) NEARBY NCDOT STIP ROADAWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated Traffic Generated Pass- Potential Impact of by Present by Proposed By Proposed Designation Designation Trips Designation AM Peak Hour Trips 24 569 -238 +331 PM Peak Hour Trips 31 506 -258 +248 Typical Development with Existing Zoning — 29 single family detached dwellings. Assumptions Proposed Development — 6,000 sq ft convenience store with fuel pumps and 128 multi -family dwellings. Sources Source of Trip Generation: ITE Trip Generation Manual, 1 1'h Ed. 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 March 29, 2023 Development Proposal 6,000 sq ft convenience store with 16 fuel stations and 128 multi - Analyzed family dwellings. Z23-09 Staff Report BOC 6.5.2023 Page 9 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 9 - US 421 (Carolina Beach Road) and SR 1492 (Myrtle Grove Road) Study Intersections - US 421 (Carolina Beach Road) and Southern Charm Drive / Hill Valley Walk - US 421 (Carolina Beach Road) and Median Crossover (north of Myrtle Grove Road) - Multi -Family: 63 AM / 76 PM peak hour trips Trip Generation - Convenience Store with Gas Station: 506 AM / 430 PM peak hour trips - 569 AM / 506 PM total peak hour trips - 6,428 average daily trips Pass -By Trips - - 238 AM / -258 PM peak hour trips - November 29, 2022 (Carolina Beach Road and Myrtle Grove Road) Traffic Data Collection - November 29, 2022 (Carolina Beach Road and Southern Charm Drive / Hill Valley Walk) - November 29, 2022 (Carolina Beach Road and Median Crossover) - 60% to / from the north via Carolina Beach Road Trip Distribution and - 30% to / from the south via Carolina Beach Road Assignment - 10% to / from the east via Myrtle Grove Road Approved Developments & - Full Build — 2024 Background Growth - Growth Rate — 1.5% per year Carolina Beach Road and Myrtle Grove Road — Site Access A (signalized intersection) - Extend the existing northbound U-turn / left turn lane on Required Improvements Carolina Beach Road to provide 200 feet of storage, appropriate full width deceleration, and appropriate taper. - Construct a southbound right turn lane on Carolina Beach Road with 100 feet of storage, appropriate full width deceleration, and taper. Z23-09 Staff Report BOC 6.5.2023 Page 10 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 10 - Restripe westbound "left turn only" lane on Carolina Beach Road to a combined left / thru lane. - Construct the site access (eastbound approach) with an internal protected stem of 200 feet, measured from the right-of-way line, that provides one ingress lane and two egress lanes configured as an exclusive left turn lane and a shared thru-right lane. - Provide a four (4)-section flashing yellow arrow signal head to the northbound U-turn / left turn lane. - Modify the signal plan to accommodate above improvements. Carolina Beach Road and Crossover north of Myrtle Grove Road (unsignalized crossover) - No improvements required. Carolina Beach Road and Southern Charm Drive / Hill Valley Walk (unsignalized crossover) - No improvements required. Carolina Beach Road and Site Access B (proposed stop -controlled right -in / right -out intersection). - Construct a southbound right turn lane on Carolina Beach Road with full storage extending back to the intersection of Carolina Beach Road and Myrtle Grove Road. - Construct site access (eastbound approach) with an internal protected stem of 125 feet, measured from the right-of-way line and one ingress and one egress lane configured as a right -in / right -out. - Provide stop controls for eastbound approach. SUMMARY The proposed project is located along a major arterial highway that is currently nearing capacity. The Carolina Beach Road — Myrtle Grove Road intersection is an important signalized intersection in the Carolina Beach Road corridor. Proposed improvements listed in the TIA include improvements to the signalized intersection to accommodate the additional traffic generated from the site and improvements to existing U-turns on Carolina Beach Road. While the estimated AM and PM peak hour trips exceed 500, the estimated pass -by trips reduce the overall AM and PM trips approximately in half. Pass -by trips are made by the traffic already using the adjacent roadway, entering the commercial portion of the site as an intermediate stop on their way to another destination. It should be noted that the expectation is these trips would enter and exit the site within the same hour. ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lord's Creek watershed. Z23-09 Staff Report BOC 6.5.2023 Page 11 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 11 • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) and Class III (Severe Limitation) soils. Public water is available and public sewer is available through a mainline extension. • 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) however less than 5 acres of pocosin wetlands have been identified on the parcels. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 29 dwelling units would be permitted under the current R-15 zoning base density, and 128 units could potentially be developed under the proposed zoning for an increase of 99 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 22 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. Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development 6 single-family Approximate** Total: 1 dwellings (1 elementary, 0 middle, 0 high) Typical Development Under 29 residential units Approximate** Total: 6 Current Zoning (3 elementary, 1 middle, 2 high) Proposed Zoning 128 residential units Approximate** Total: 27 (1 2 elementary, 6 middle, 9 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are Z23-09 Staff Report BOC 6.5.2023 Page 12 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 12 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) Total Projected Capacity of Capacity of Funded or Level NHC School Enrollment of Assigned Assigned Planned Capacity Assignment School School Capacity School w/Portables Upgrades Elementary 91 % Anderson 291 314 93% None Middle 92% Murray 882 889 99% None High 93% Ashley 1983 1990 99.6% None *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. New Hanover County Strategic Plan • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed RMF-M conditional zoning district (CZD) would allow for an increase in housing diversity. • The predominant housing type in the area is single family detached at 73%. Under the proposed RMF-M district the site would allow for multi -family attached (apartments) and increase housing type diversity by reducing the percentage of single-family detached (73% to 71 %) and increasing the percentage of multi -family units (10% to 1 2%). • The subject property is located in the Veterans Park community area, where 64% 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.), there would be no change to the number of residences within one mile of basic goods and services. Z23-09 Staff Report BOC 6.5.2023 Page 13 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 13 Representative Developments Representative Developments of R-15: Cypress Village Subdivision north of subject site Old Cape Cod Subdivision south of subject site Z23-09 Staff Report BOC 6.5.2023 Page 14 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 14 Representative Development of Adjacent Convenience Stores with Fuel Stations BP at Shipyard Blvd and Longstreet Drive in Wilmington Exxon at Shipyard Blvd and Longstreet Drive in Wilmington Z23-09 Staff Report BOC 6.5.2023 Page 15 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 15 Representative Developments of Multi -Family Developments: Amberleigh Shores in Ogden Stephens Pointe in Porters Neck Z23-09 Staff Report BOC 6.5.2023 Page 16 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 16 Context and Compatibility • The property is located at the intersection of Carolina Beach Road and Myrtle Grove, an area experiencing a mix of commercial and higher density residential growth. • The proposed concept plan includes commercial development at the intersection intended to serve the surrounding community and vehicles traveling on Carolina Beach Road. The commercial development acts as an appropriate transition to the proposed higher density residential. • There is an existing convenience store with fuel stations across Carolina Beach Road, and another similarly sized convenience store with fuel stations recently approved by the Board of Commissioners in March 2023 immediately adjacent to the subject site to the south. • The proposed project would be the third convenience store with fuel stations at an intersection that is transitioning into a node. While the commercial projects involve the same land use, the density of commercial land uses in an area is outside the scope of staff review. • The proposed attached housing type increases housing type diversity in the area and acts as a further transition between the Carolina Beach Road corridor to the east, an area dedicated for conservation to the west, and different housing types to the north and south. • The proposed density of 14 du / ac is below the maximum allowed for the RMF-M zoning district and slightly less than the maximum recommended for the Community Mixed Use place type. • Additional conditions related to tree retention and pedestrian infrastructure along Carolina Beach Road increase walkability for the immediate area with opportunities for future extensions. 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. .. I I I I I I I I I [ I LAND USE Via— Edgewater Mhp Rd -Seaview Rd It Cr ,orfire p. Q� \T�ID, 72 �Q o °fches Dr GENERAL RESIDENTIAL � Chimney: Lp !=�11 11 1 1 111.I L11 I I I �� COMMUNITY MIXED USE � bill Valley Walk CONSERVATION O zz3-09 _ ? New Har_�uvei Courrty. N(" McquillarrDr, Z23-09 Staff Report BOC 6.5.2023 Page 17 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 17 Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The proposed development is at the Carolina Beach Road and Myrtle Grove intersection, an area experiencing a mix of commercial and higher density residential growth. The proposed concept plan includes commercial development at the intersection intended to serve the surrounding community and travelers on Carolina Beach Road. The commercial development acts as an appropriate transition to higher density residential. The proposed project would be the third convenience store with fuel stations at an intersection that is transitioning into a node. While the commercial projects involve the same land use, the density of commercial land uses in Analysis an area is outside the scope of staff review. 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 density of 14 du / ac is below the maximum allowed for the RMF-M zoning district and slightly less than the maximum recommended for the Community Mixed Use place type. Additional conditions related to tree retention and pedestrian infrastructure along Carolina Beach Road increase walkability for the immediate area with opportunities for future extensions. The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed density, housing type, and increased interconnectivity are in line with the recommendations of both the Consistency General Residential and Urban Mixed Use place types and the proposed Recommendation development acts as an appropriate transition between existing commercial and residential uses in the area. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units for a period of 15 years. PLANNING BOARD MEETING The Planning Board considered this application at the May 5, 2023 meeting. One member of the public spoke in opposition citing concerns with traffic safety at the intersection of Myrtle Grove Road and Carolina Beach Road. The Planning Board voted to recommend approval of the petition (6-0) with an additional condition proposed by the applicant establishing 10 percent of the units to be dedicated to workforce housing for a minimum of 15 years. Z23-09 Staff Report BOC 6.5.2023 Page 18 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 18 The board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type was within the recommendations of the Community Mixed Use place type and the commercial development acts as an appropriate transition between the highway corridor and residential development. The board found RECOMMENDING APPROVAL of the rezoning request was 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. STAFF RECOMMENDATION While the proposed project would be the third convenience store with fuel stations at an intersection that is transitioning into a node, the density of commercial land uses in an area is outside the scope of staff review. 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 Community Mixed Use within the Comprehensive Plan. The plan recommends a mix of commercial uses and residential housing types that act as a transition between higher intensity and lower intensity development and identifies the scale of the recommended development as up to 3 stories and 15 du / ac. The scale and density of the proposed development conforms with the recommendations for the place type and provides transitions from the proposed commercial portion of the project to existing and proposed residential uses. Proposed improvements required by the TIA accommodate the additional traffic generated from the site and include improvements to the signalized intersection and existing U-turns on Carolina beach Road. Additional conditions related to tree retention and pedestrian infrastructure along Carolina Beach Road increase walkability for the immediate area with opportunities for future extensions. And the voluntary addition of an additional condition guarantees a percentage of workforce housing for a minimum of 15 years. As a result, staff concurs with the Planning Board's recommendation and suggests the following motion with the proposed conditions: 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 and housing type is within the recommendations of the Community Mixed Use place type and the commercial development acts as an appropriate transition between the highway corridor and residential development. 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. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units for a period of 15 years. Proposed Conditions: 1. An opaque fence shall be provided along the property line adjoining any existing residential development. The fence location may be adjusted by Planning staff to accommodate any utilities, easements, or saved / protected trees. 2. The two (2) specimen trees shown on the concept plan along Carolina Beach Road shall be retained and preserved on site. Z23-09 Staff Report BOC 6.5.2023 Page 19 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 19 3. Existing trees onsite will be preserved that do not impact required land grading or other improvements and future amenities as identified in the required Tree Removal Permit. 4. The southernmost multi -family structure as shown on the concept plan shall be limited to two -stories in height. 5. Exterior lighting will be designed and installed to maintain adequate lighting levels on the proposed site while assuring that excessive light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. 6. A sidewalk or multi -use path shall be installed along Carolina Beach Road extending from the northern property line to the southern property line with stubs for connection to existing or future pedestrian facilities on adjacent parcels. Pedestrian crossing labeling meeting NCDOT minimum requirements for pedestrian safety shall be installed at both driveway entrances. The pedestrian facility along Carolina Beach Road shall be within a dedicated public access easement. 7. A stormwater maintenance agreement shall be made between the convenience store with fuel pumps and the multi -family development if they are on separate parcels or under separate ownership. 8. The project will include a minimum of 10% of the units as workforce housing units that will be made available for a period of no less than 15 years with rental limits based upon HUD income limits of 80% AMI. An agreement between the developer and county will be required before the issuance of a Certificate of Occupancy for the multi -family portion of the project. The agreement shall specify: • The number of affordable units provided; • The income limits; • Rent limits subject to annual change; • The period of time workforce housing units must remain affordable; • Any other criteria necessary for compliance and monitoring; • An established timeframe for annual reporting from the developer or owner of the development to New Hanover County. Annual reports shall provide the following minimum information: o Unit number o Bedroom number o Household size o Tenant income o Rent rate • The developer or owner of the development shall report any mid -year lease changes to workforce housing units to New Hanover County to ensure lease changes remain compliant with the agreement. If the total number of workforce housing units falls below the minimum of 10% of the units before the expiration of the minimum 15-year period of affordability the development will be subject to enforcement measures found in Article 12 Violations and Enforcement of the Unified Development Ordinance. Z23-09 Staff Report BOC 6.5.2023 Page 20 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 20 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. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, are in line with the Community Mixed Use place type and the proposed development acts as an appropriate transition between existing residential uses in the area. However, I find DENIAL of the rezoning request to be reasonable and in the public interest because the proximity of existing and approved similar uses would not advance the vision for this area of Carolina Beach Road. Z23-09 Staff Report BOC 6.5.2023 Page 21 of 21 Board of Commissioners - June 5, 2023 ITEM: 15- 2 - 21 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z23-09 6800 Carolina Beach Rd R-15 CZD B-1 A _.�7 7� re Im SWA ZONING a{; k 1-2 I �. •CZD�' .��`�• o Board of Commissio ers - June 5, 2023 Case: Site Address: Existing Zoning/Use: onin_ /q Use: Proposed Zoning/Use: N Z23-09 6800 Carolina Beach Rd R-15 CZD B-1 Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION 0 Z23-09 Z23-09 1 O / Valley 0 250 500 US Feet I i I i I Board of Commissiorjers - June 5, 2023 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: Z23-09 6800 Carolina Beach Rd CZD B-1 ❑ Neighboring Parcels (500 feet) Board of Commissioners -June 5, lei I 0 250 500 US Feet l i l i l Initial Application Documents & Materials Board of Commissioners - June 5, 2023 ITEM: 15- 6 - 1 dotloop signature verification: dtlp us/9Dzp G,,YK 6Rru NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wthnington, 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 Rob Tanner Andrea Jones , Company Company/Owner Name 2 Impeccable Development Address Address 621 NW 53rd Street, Suite 320 2018 Treecrest Parkway City, State, Zip Boca Raton, FL 33487 Decatur, Georgia 30035-3542 Phone Phone (919)520-9395 (717)891-5168 Email Email Adj1126@gmail.com rob@impeccabledevelopment.com Page 1 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 1 2. Subject Property Information Address/Location Parcel Identification Number(s) R08200-001-015-000, 6800, 6808, 6814, 6818, 6820, 6824 & 6828 Carolina Beach Roa R08200.0ot-016 000, R08200-001-021-000, R08200-001-023-000, Total Parcel(s) Acreage sting Zoning and Use(s) Future Land Use Classification 11.77 acres ::it R-15 Commercial Mixed Use 3- Prnnnced Znninn- l apkl- R Nnrrnfivp ti-1-1.3% acres -- - - -V - - - - -------4w• ---►-rr -- --------- - - Proposed Conditional Zoning District: B-1 & RMF-M Total Acreage of Proposed District. 11.77 acres Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note. Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional zoning District. See attached. 4. Proposed Condition(s) Note. Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. See attached. Page 2 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 2 S. Traffic Impad 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 Troffic Impad 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: Multifam*/Conv. Store w/ Gas Station (6KSF) Trip Generation Use and Variable (gross Floor area, dwelling units, etc.) 300 Units116 Fl? ("Dwelling Units now 1 AM Peak Hour Trips: 622 ("now 572)_ PM Peak Hour Trips: 590 Vnow 505) 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. Now would the requested change be consistent with the County's policies For growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See attached Page 3 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 3 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. See attached. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? See attached. Page 4 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 4 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ® This application form, completed and signed ® Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review ® Community meeting written summary ® Traffic impact analysis yif 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 For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. * Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. * All existing and proposed easements, required setbacks, rights -of -way, and buffers. * The location of Special Flood Hazard Areas. ■ A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. ■ Approximate location and type of stormwater management facilities Intended to serve the site. ■ Approximate location of regulated wetlands. ■ Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance ® 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 pion. ® One (1 ) digital PDF copy of ALL documents AND plans Applicant Initial Page 5 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 5 doHaopsignatureverification:ddp.usl?Dzp-Gj'( -- ru 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 rev'ew process. The applicant/agent is hereby authorized on my behalf to. l . 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. Andrea D. Jones Signature of Property Owner(s) Print Name(s) Signs ure of Appli ant/Ag t 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 calendored for the next meeting and no fee will be required. if delay is requested after notice has been sent to the newspaper, the Board will act on the request 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 6 of 6 Conditional Zoning District Application -- Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 6 dotloopsignature verification.dtlp.usrvAU-mIOr __ "' NEW HANOVER COUNTY DEPARTMENT OF PLANNING 8r LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures I 7i' 1 2 3 4 ommunity Apptication Planning Public Hearing nlOrrnat101t Submittal & Director Review Scheduling & meeting Acceptance & Staff Report Nobficalion IIRC Optional) 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Rob Tanner Gwendolyn Geneise Horton Company Company/Owner Name 2 Impeccable Development Address Address 621 NW 53rd Street, Suite 320 18 Syracuse Place City, State, Zip City, State, Zip Boca Raton, FL 33487 Durham, NC 27704-5250 Phone Phone 919)358-3671 Email Email geneiseh@gmail.com rob@impeccabledevelopment.corn Page 1 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 7 2. Subject Property Information Address/Location Parcel Identification Number(s) R08200-001-015-000, 6800, 6808, 6814, 6818, 6820, 6824 & 6828 Carolina Beach Roa R08200.0ot-016 000, R08200-001-021-000, R08200-001-023-000, Total Parcel(s) Acreage sting Zoning and Use(s) Future Land Use Classification 11.77 acres ::it R-15 Commercial Mixed Use 3- Prnnnced Znninn- l apkl- R Nnrrnfivp ti-1-1.3% acres -- - - -V - - - - -------4w• ---►-rr -- --------- - - Proposed Conditional Zoning District: B-1 & RMF-M Total Acreage of Proposed District. 11.77 acres Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note. Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional zoning District. See attached. 4. Proposed Condition(s) Note. Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. See attached. Page 2 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 8 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: Multifamily/Conv. Store w/ Gas Station (6KSF) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 300 Units/16 FP (*Dwelling Units now 1 AM Peak Hour Trips: 622 (*now 572) PM Peak Hour Trips: 580 (*now 505) 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the Following criteria. 1. How would the requested change be consistent with the County's policies For growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See attached. Page 3 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 9 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. See attached 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Page 4 of b Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 10 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 on 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 19 Traffic impact analysis (if applicable) • The official TIA approval letter is recgmmended 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 For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance ® One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. ® One (1) digital PDF copy of ALL documents AND plans Applicant Initial Page 5 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 11 datloop signature verification: difp.uswALk-mI OQ-rAI U 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/ogent 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. yy — Gwendolyn Geneise Horton Signature of Property Owner(s) Print Name(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. if delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 12 Authentisign ID: D3241497•FEA&41 FC-ACDF4D5559A0259F DEPARVANT OF PLANNING a LAND USE 230 Gorsrrrnt Comer Dft, $09110 W&*groq, North Carom= 28403 Tekplwne 1910) 798.716S FAX (910) 798.7053 00awrmaAc"VAOM CONDITIONAL ZONING APPLICATION This application form avast be caapWW as part of a conditional zoning applicatim vAmMed though the cowdy's oniin COAST postal. The main procedural steps in the submMal and review of applications are outlined to the flowchart below. More spedfk wba ttol and review requiremenik as web as the standards to be applied in revWAV the application, are set out in Section 10.3.3 of the Unified Development On%ance. 1, Applicant and Property Owner Information Appliconf/Agent Name Rob Tanner Christin Deener Company Company/Owner Name Z Impeccable Development Address Addms. 621 NW 53rd Street. Suite 320 7110 Holland Lane City, State, Zip City, State. Zip Boca Raton, FL 33487 Franktown. VA 23354-2401 Phone Pisan (717)$91-5168 Email Email roWimpecrabledevelopment.com Pape 1 of 6 Cadttlonal Zentrp DhWo Applkotion — Updated 02.2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 13 2. Subject Property Information Address/Location Parcel Identification Number(s) R08200-001-015-000, 6800, 6808, 6814, 6818, 6820, 6824 & 6828 Carolina Beach Roa R08200.0ot-016 000, R08200-001-021-000, R08200-001-023-000, Total Parcel(s) Acreage sting Zoning and Use(s) Future Land Use Classification 11.77 acres ::it R-15 Commercial Mixed Use 3- Prnnnced Znninn- l apkl- R Nnrrnfivp ti-1-1.3% acres -- - - -V - - - - -------4w• ---►-rr -- --------- - - Proposed Conditional Zoning District: B-1 & RMF-M Total Acreage of Proposed District. 11.77 acres Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note. Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional zoning District. See attached. 4. Proposed Condition(s) Note. Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. See attached. Page 2 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 14 S. Traffic Impad 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 Troffic Impad 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: Multifam*/Conv. Store w/ Gas Station (6KSF) Trip Generation Use and Variable (gross Floor area, dwelling units, etc.) 300 Units116 Fl? ("Dwelling Units now 1 AM Peak Hour Trips: 622 ("now 572)_ PM Peak Hour Trips: 590 Vnow 505) 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. Now would the requested change be consistent with the County's policies For growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See attached Page 3 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 15 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. See attached 3. What significant neighborhood changes have occurred to make the original zo the land involved unsuitable for the uses permitted under the existing zoning? See attached. Page 4 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 16 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 on 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 19 Traffic impact analysis (if applicable) • The official TIA approval letter is recgmmended 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 For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance ® One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. ® One (1) digital PDF copy of ALL documents AND plans Applicant Initial Page 5 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 17 putts •Ipn ID- 03241491-FEA"IFC.A9DF.40"NAD259F 7. Acknowledgement and Signatures By my signature below, I underouncl and coops all of the cormMia s, limitations, and obagodons of the Conditional Zoning District zontng for which I am applying. I understand dat the existing Official Zmft Map Is presumed to be correct. I certify that Ills appdastlon h mnpk to and that all Information presented in this application is accurate to the best of my knowledge, informatla% and betlef. If appliooW I also appoint do applkard/agent as 11"d an Mds application to represent me and make dedslons an my behalf rega r tp this application during the review process, The oppliewo/agent is hereby authorized an my behalf for I- Submit an application Including atl required supplemental Information and matertoisl 2. Mpg as publIc bearings to gW representation and o mnterKss 3. Act on my behalf without 11mitatlons wbh regard to any and all dt sgs directly or Indirectly cormected with of army out of thh application; and 46Jbpws& wrMen co tmd to any and ab condMiors of approval. J�C'�aciaiirc rDeercex _ Christin Deener 117lE120!!'Y.lrH9TiR!•t!T Sipnattrro of P Owrter(s<) Print Nana($) & " 14 %nature jAjpU=nl)kpnl Print Nante Now This forts must be signed by the owner(%) of record. If there are wAlple property owners, a sfptattrre Is regtdred for each owner of regard. ff an appfioanf rogmis do* of I and iwagoe from the Pfarwrnp Board or Board of C&.4* Commkoionas befog notice has been reef la Mee newspaper, Ilse item wig be aaferrdorod for file wxf meeting and no fee will be required N delay is requested after notice has bean and to Mx+ newspaper. dw Board wiB ad on lee request of the sdmdndhd meefng and are under no ob4pafion to gran! Mee coa inuorm. N the corWn arw is granMtf, a fee m ocowdlonm wilt the odoftted fee saftadlnfe as pubCrshed on Ma M w tfantover Comfy Planning weWle will be required. Pope 6 of 6 Coltdffloeol Za ft DIOrtd Appilaatton — Updated 02.2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 18 AuUh tlslgn ID: 3s722D51�-2o1Cr943-84A6.161g4F603M EPARTMENT OF PLANNNG A LAND USE 230 Govermwns Center Drive, Sub* 110 W&Wngtan, Norsk Corohno 20403 Telephora (910) 798.7165 FAX (910) 7984053 pianningdevdepraeal.rdnoaev.eom CONDMONAL ZONING APPLICATION This appkollion form must be oomplated os part of a conditional zo*V application wbmined through the ooWW% amine COAST portal. The male proaedrual steps to the wbmislol and rovtew of opptimioms are outhmed In the flovociml below. Moro specific svbmnW and review reOreniwm, as well as the standards to be opptled In revievr4tp the appdcatlok ore to out in Section 10-U of the Unified Developmrera Ordinance. .(Optlorsal 1. Applicant and Properly Owner Infomuati0n Applicant/Agee Name Rob Tanner Kimbedee and Dwayne Barr Company Company/Own& Name 2 Impeccable Development Address Address 621 NW 53rd Street, Suite 320 105 Sturbridge Drive City, State, Zip City, State, Zip Boca Raton, FL 33487 Piscataway, NJ 08854-5138 Phone Phone Email Email roWimpeccaNedevelopment.com Poe 1 of 6 Couditienal Toning Obttto Appkation — Updated 02.2022 i Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 19 2. Subject Property Information Address/Location Parcel Identification Number(s) R08200-001-015-000, 6800, 6808, 6814, 6818, 6820, 6824 & 6828 Carolina Beach Roa R08200.0ot-016 000, R08200-001-021-000, R08200-001-023-000, Total Parcel(s) Acreage sting Zoning and Use(s) Future Land Use Classification 11.77 acres ::it R-15 Commercial Mixed Use 3- Prnnnced Znninn- l apkl- R Nnrrnfivp ti-1-1.3% acres -- - - -V - - - - -------4w• ---►-rr -- --------- - - Proposed Conditional Zoning District: B-1 & RMF-M Total Acreage of Proposed District. 11.77 acres Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note. Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional zoning District. See attached. 4. Proposed Condition(s) Note. Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. See attached. Page 2 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 20 S. Traffic Impad 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 Troffic Impad 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: Multifam*/Conv. Store w/ Gas Station (6KSF) Trip Generation Use and Variable (gross Floor area, dwelling units, etc.) 300 Units116 Fl? ("Dwelling Units now 1 AM Peak Hour Trips: 622 ("now 572)_ PM Peak Hour Trips: 590 Vnow 505) 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. Now would the requested change be consistent with the County's policies For growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See attached Page 3 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 21 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. See attached. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? See attached, Page 4 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 22 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 on 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 recgmmended 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 For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance ® One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. ® One (1) digital PDF copy of ALL documents AND plans Applicant Initial Page 5 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 23 Authsnttaign tD. 4 SB•26104B4364A6•16190603M 7. Adcnowledgemeni and Signature: By my signature below, I wxlerstand and aooept all of the aorWhIorn, Ibrhhatiors, and obligations of the C.onditionot Zoning District nnbq for which I am applying. I vrWerstand that the exlsIN Official Zoning Map is presumed to be corned. I certify that this appOwlan Is axnpk to and that all Information presented In this appliw1on Is aaarate to the best of my Icr wledge, Inforsmotiay and belief. If applicable, I also appoint the applicant/agent as listed an dds application to represent me and make decisions on my behalf regard6g this application dwbg the renew process. The appfioat/agent Is hereby aultmited on my behalf to 1. Submit an application kWi g all required supplemental information and mowkds= 2. Appear at public hewings to give representation and oommentsi 3. Act on my behalf wMw If suctions with regard to any and all things directly or Indirectly connected wills or arks g out of this oppkoik nJ aad � wrd�rn consent vasArrd, A n conditions of approval. LEE Man J94a Dwayn• a Rana Kimberlee Barr Signature of Property Ow eds) Print Names) &3a Too� Signature of Ali of/A Print Name Nate Thb form cost be signed by the owner(s) of record. If there ore muhiple property owners, a signature is required for each owner of record if an applicant requesfs dolor of conskkrotion from foe Pioming Board or Beard of Courtly Con w4s oners before native has born sent to dm newspaper, Are item rag be aoland-- for tine next meefing and no he wrli be required if delay is rrquedodoffer notice has been sent to the newspope On Board willact an do rwpW of" tamed greeting and are wxW no obilgotion to grant " aonhnuann. if do conlon ante is granted, a he in accordance with the adopted fee schedule as puWshed on the New Hanover County fhh ming webdM wig be required Pape 6 of 6 Condmowl Zw" Dttrtct Jlppikatlon — Updated 02.2022 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 24 Property Owner's Property Addresses and Parcel IDs: 6800 Carolina Beach Road: R08200-001-026-000 Andrea Jones 2018 Treecrest Pkwy Decatur, GA 30035-3542 6808 Carolina Beach Road: R08200-001-023-000 Gwendolyn Geneise Horton 18 Syracuse PI Durham, NC 27704-5250 6814 Carolina Beach Road: 6818 Carolina Beach Road 6820 Carolina Beach Road 6824 Carolina Beach Road R08200-001-024-000 Kimberlee & Dwayne Barr 105 Sturbridge Dr Piscataway, NJ 08854-5138 R08200-001-025-000 Christin Deener 7110 Holland Ln Franktown, VA 23354-2401 R08200-001-015-000 Christin Deener 7110 Holland Ln Franktown, VA 23354-2401 R08200-001-021-000 Christin Deener 7110 Holland Ln Franktown, VA 23354-2401 6828 Carolina Beach Road: R08200-001-016-000 Christin Deener 7110 Holland Ln Franktown, VA 23354-2401 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 25 Zoning Map Amendment Application for 6800, 6808, 6814, 6818, 6820, 6824, & 6828 Carolina Beach Road (R08200-001-026-000, R08200-001-023-000, R08200-001-024-000, R08200-001-025-000, R082000-001-015-000, R08200-001-021-000, & R08200-001-016-000) 3. Proposed Zoning, Use(s), & Narrative 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. Impeccable Development is requesting the property, including parcels R08200-001-015-000, R08200-001-016-000, R08200-001-021-000, R08200-001-023-000, R08200-001-024-000, R08200-001-025-000, and R08200-001-026-000, be rezoned from Residential 15 District (R-15) to Residential Multi -Family— Moderate Density (RMF-M) and Neighborhood Business (B-1) for a one hundred and twenty eight (128) unit multi -family use project to provide a necessary missing middle housing opportunity and a neighborhood -serving convenience store with fuel sales. The RMF-M district accommodates moderate density single-family and multi -family development with a density of 17 units/acre. The RMF-M district is intended to function as a transition between intensive nonresidential development and higher density residential development, as well as providing a reasonable range of choice, type, and location of housing units. The B-1 district allows for a range of small-scale, low -intensity, neighborhood -serving commercial development that provide goods and services to residents of adjacent neighborhoods. B-1 district regulations are intended to ensure uses, development intensities, and a development form that is consistent with a pedestrian -friendly, walkable, and neighborhood scale. Mixed use development is allowed that is consistent with district character. The project is proposed on 11.77 acres consisting of seven tracts directly off of Carolina Beach Road. The Future Land Use Map identifies this site as Community Mixed Use. Community Mixed Use focuses on promoting a mix of retail, office, and residential at medium densities up to 15 units per acre which aligns with the properties' classifications on the 2016 Comprehensive Plan's Future Land Use Map ("FLUM"). This proposed project is limiting the residential units to 15 units per acre in accordance with the FLUM designation of Community Mixed Use while providing a neighborhood convenience store with fuel sales to serve the local area. Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 26 Zoning Map Amendment Application for 6800, 6808, 6814, 6818, 6820, 6824, & 6828 Carolina Beach Road (R08200-001-026-000, R08200-001-023-000, R08200-001-024-000, R08200-001-025-000, R082000-001-015-000, R08200-001-021-000, & R08200-001-016-000) 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. To mitigate the impact on the surrounding community the proposed project will provide a fenced buffer between the established residences and the proposed new residences, and a two-story building will be placed along the adjoining property line as shown on the submitted site plan. The exterior lighting will be designed and installed to maintain adequate lighting levels on the proposed site while assuring that excessive light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. 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.? This proposed zoning change from R-15 to Residential Multi -Family— Moderate Density (RMF-M) and Neighborhood Business (B-1) would be consistent with multiple goals and policies on the 2016 Comprehensive Plan including but not limited to Goal III by helping to revitalize commercial corridors and blighted areas through infill development that is compatible with surrounding neighborhoods and creating density that can support future growth, Goal IX by promoting environmentally friendly growth by clustering development and providing housing opportunities close to employment and services that accommodates population growth while minimizing impacts on natural resources, and Goal XV of providing a range of housing types, opportunities, and choices while assisting with the County's Strategic Plan Objective of enhancing the self- sufficiency of individuals and families. The property is accessed directly off Carolina Beach Road, a state maintained Urban Principal Highway. This project will provide a safe and conveniently located community and provides another housing type. Neighborhood Business (B-1) would be consistent with the 2016 Comprehensive Plan's Goal III by encouraging mixed -use development that is compatible with the surrounding neighborhoods, Goal IX by promoting a mixture of uses minimizing impacts on natural resources, and Goal XV by providing choices to the community and motorists with a neighborhood -serving commercial development. Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 27 Zoning Map Amendment Application for 6800, 6808, 6814, 6818, 6820, 6824, & 6828 Carolina Beach Road (R08200-001-026-000, R08200-001-023-000, R08200-001-024-000, R08200-001-025-000, R082000-001-015-000, R08200-001-021-000, & R08200-001-016-000) This zoning change would provide for a mix of housing types and mix of uses within the Community Mixed Use Center as contemplated by the 2016 Comprehensive Plan. The proposed change would also allow for a more modern development pattern of the area as any future development would have to comply with all of New Hanover County's land use and planning regulations. The proposed project would also provide another convenience store with fuel sales along the only evacuation route off Pleasure Island. The CDC and other hurricane preparedness experts urge people to fill up their gas thanks before a hurricane. Even if not needed for evacuation, filling up a car's fuel tank is important in case of supply issues. Having another available convenience store with fuel sales on the evacuation route, and in close proximity to residents, could also help prevent lines and price gouging. The proposed project will create a mixed -use hub at an existing signalized intersection and provided needed housing options within New Hanover County to help close the housing gap as shown by the Housing Needs Assessment. Housing Needs AssessmenO 5WlW, S23.5W $575 L787 31Y 50". S23,501-S39,000 $576.5975 11968 4 51 V.493 a S39.001-S47,000 $97(.S1,174 1,231 61%-80% S47,{101-S63,ouD $1.175-51,575 1,431 SM-12tw. WAIL) I-$94,11W $1,57642,349 1,7% 121%- S94,001+ S2350+ 1,563 5 atria :E S23500 LS74.000 1.2I9 31f 50% S23,501•S39,000 $74.W1-S123,000 862 51110-601 S39,001447,000 S123,001-5148,000 11164 6]%-80% S47,001463.000 S148,0014199,000 1.471 81%-1201% S63,001194,000 S199,0014296,000 3,659 121%+ S94.01)]+ $296.001+ 4,632 -numoer ur units assumes proauct u marxctaote. anoroatste ana m a marKetaotc locavon. vanauons at produce types will impact the actual numbcr of units that can be supported. Additionally, iacenlives andlor guvcrnmcnt policy changes could encourage suppon I'ar additional units that exceed the preceding projections. Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 28 Zoning Map Amendment Application for 6800, 6808, 6814, 6818, 6820, 6824, & 6828 Carolina Beach Road (R08200-001-026-000, R08200-001-023-000, R08200-001-024-000, R08200-001-025-000, R082000-001-015-000, R08200-001-021-000, & R08200-001-016-000) 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? Place Types COMMERCE ZONE ■ EMPLOYMENT CENTER GENERAL RESIDENTIAL ■ URBAN MIXED USE ■ COMMUNITY MIXED USE ■ RURAL RESIDENTIAL ■ CONSERVATION The property is classified as Community Mixed Use on the Future Land Use Map and is surrounded by Conservation and General Residential. The Community Mixed Use place type is intended to promote a mix of retail, office, and residential at medium densities up to 15 units per acre. While mixed uses are encouraged on the same parcel, they can be adjacent or separated by lower traffic roads. The rezoning request for RMF-M and B-1 would allow desired moderate density residential at 15 units/acre to be placed adjacent or in close proximity to retail and office uses, creating a mixed -use area within the growth node. The project also includes a convenience store with fuel sales. Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 29 Zoning Map Amendment Application for 6800, 6808, 6814, 6818, 6820, 6824, & 6828 Carolina Beach Road (R08200-001-026-000, R08200-001-023-000, R08200-001-024-000, R08200-001-025-000, R082000-001-015-000, R08200-001-021-000, & R08200-001-016-000) 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? While the property is zoned R-15, with a maximum of 2.5 units/acre, Carolina Beach Road has seen increased residential density which is needed to help close the housing gap. Adjacent properties are currently zoned residential; however, much of the adjacent property is vacant property owned by Cape Fear Community College and a convenience store with fuel sales is located directly across Carolina Beach Road. B-1 on the front of the project and RMF-M to the rear of this property would serve as an appropriate transition between the zoning districts as well as comply with the Future Land Use Map classification of Community Mixed Use. The purpose of the R-15 district at the time it was established 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. Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 30 Community Meeting Summary for Conditional Rezoning Request by Impeccable Development Meeting Date & Time: Tuesday, November 29, 2022 Meeting Location: Best Western Plus, 5600 Carolina Beach Road Representatives from Impeccable Development, G3 Engineering, and Lee Kaess, PLLC (collectively, "Development Team") hosted a meeting to introduce the proposed development including parcels R08200-001-015-000, R08200-001-016-000, R08200-001-021-000, R08200- 001-023-000, R08200-001-024-000, R08200-001-025-000, R08200-001-026-000, which is proposed to be rezoned to from R-15 to B-1 for a Convenience Store and Fuel Station and RFM- M for approximately 300 multi -family units. Property owners within 500 ft. of the property, as required by New Hanover County, were notified of the community meeting by mail on November 15, 2022. The meeting allowed people to view a context aerial for general site location purposes and a concept of the overall proposed conditional rezoning. The Development Team also provided a brief overview of the public hearing process and technical review process for development projects in New Hanover County. The community asked the Development Team questions about the plans, and many of the same questions were discussed repeatedly during the meeting. The following is a synopsis of the comments heard at the meeting. • Attendees were most concerned about the gas station and traffic improvements which would be required on Carolina Beach Road. The Development Team explained a Traffic Impact Analysis ("TIA') is in process and would be reviewed by NCDOT and the WMPO. The project must comply with any required traffic mitigation improvements. • Concerns were raised over the potential for the project to lower the property value of the adjacent neighborhoods. The Development Team explained this was not an consideration of zoning but we could ask an appraiser to review that concern. • Neighbors asked if the project would seek government assistance or subsidies. The Development Team said no but there would be an offer of workforce housing units at HUD High Home rents. • Neighbors expressed concern over the visibility of the structures from their properties and the ability of residents to see in their backyards. The Development Team is going to work on potential elevations of the proposed project as well as an exhibit showing sightlines. The Development Team also discussed the required buffers and landscaping. • A question was asked if the project would be fenced. The Development Team agreed to use a fenced buffer option. • A question was asked regarding the on -site trees. The Development team said the tree survey is not complete at this time but is in process. • Neighbors expressed concerns over the lighting for the project. The Development Team explained that the county has specific lighting requirements but that the designers would look into enhanced light protection for the neighboring homes. Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 31 Community Meeting Summary for Conditional Rezoning Request by Impeccable Development Meeting Date & Time: Tuesday, November 29, 2022 Meeting Location: Best Western Plus, 5600 Carolina Beach Road In response to the community meeting as well as other feedback on the project, the Applicant proposes to fence the multifamily project adjacent to the Old Cape Cod neighborhood; decreased the proposed number of residential units; and placed a two-story building adjacent to Old Cape Cod as shown on the site plan submitted with the application. The Development Team established a separate email account for this proposed project, impeccable.cbroad@gmail.com, and offered to meet with property owners on site if requested. Attached, please find the sign-up sheet. Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 32 November 15, 2022 RE: Community Meeting for Conditional Rezoning Request by Impeccable Development for property at 6800, 6808, 6814, 6818, 6820, 6824, & 6828 Carolina Beach Road We invite you to join us for a community meeting for the proposed conditional rezoning of property located at 6800, 6808, 6814, 6818, 6820, 6824, & 6828 Carolina Beach Road, Wilmington, North Carolina and identified as New Hanover County Parcels: R08200-001-015-000, R08200-001-016-000, R08200-001-021-000, R08200-001-023-000, R08200-001-024-000, R08200-001-025-000, R08200-001-026-000. You are receiving this invitation because New Hanover County GIS records indicate you own property near or adjacent to the proposed conditional rezoning property. We welcome the opportunity to discuss the proposed project with you at the community meeting where we will give a brief presentation and answer any questions. The community meeting will be held on November 29, 2022 from 5:30-6:30 pm at the Best Western Plus located at 5600 Carolina Beach Road, Wilmington, North Carolina, 28412. Please reference the attached illustration of the site plan for the property proposed for rezoning. We look forward to seeing you at 5:30 p.m. on November 29, 2022 at: Best Western Plus 5600 Carolina Beach Road Wilmington, NC 28412 1200 N Federal Hwy ste 200 • Boca Raton, FL 33432 • Tel: (717) 891-5168 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 33 11/15/2022 11:41:05 AM C:\Users\alexl\OneDrive\G3 Engineering\Projects\22076-Carolina Beach\22076_base.dwg © COPYRIGHT G3 ENGINEERING, LLC. ANY USE OF THIS PLAN WHOLE OR IN PART IN ANY FORMAT WITHOUT EXPRESSED WRITTEN CONSENT, OR WITHOUT SIGNATURE AND SEAL, ARE INVALID 1 1 1 1 1 1 1 _ -ON so wo ` �_l 11llll 1 1 1 1 � 1 1 1 1 1 1 1 � 1 1 1 1 1 I 1 1 1 1 1 I 1 n�: 1 I' 1 1 1 4- _Noas r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (n 0 _U D 0 0 = D X m x m ffl m O m D M z ° z z Cf)CAROLINA BEACH � m BRUNSWICK COUNTY, NORTH CAROLINA ; 171 �z y o PREPARED FOR ENGINEERING A __0. 0 ��m& SURVEYING �'/_ � "gym W P.O. BOX 2666 Z PAWLEYS ISLAND, SC 29585 PHONE: 843.237.1001 RENDERED SITE PLAN ���'''�NHIM''\\ www.G3Engineering.org NOT FOR CONSTRUCTION NO. REVISIONS BY DATE Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 34 COMMUNITY MEETING SIGN -IN SHEET Impeccable Development Conditional Rezoning Meeting Date: s Best Western Plus Place/Room: 5600 Carolina Beach Road Wilmington, NC 28412 :�ww b1 v L November 29, 2022 at 5:30 Pm Address _ E-Mail (optional) �i�a-i C- 2Z r ti,v � 61 �.0��3 Irl�` _ Z��Fo�� _ _ `�.lo�•l (Tu D L 'Lim �♦� .^ ,� A _y_ Hance adeaou;,9 &4w,% Page 1 of 5 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 35 0% Y7 ti R C m L cc WO A A SO rD■ ■ ,P. m f r A � n■ ■ • m OP WE A m. rD � r- f0 ■ A m s V ■ I W A Go to, A W03 ■ Z WE 40 co OG 0, W ■ r0 co A 40, m■ k n rIn I o i C CD i a i OOW 503 q PI ■ ■ yC ■ t0* m 400 O N p WE T ■❑ o.1Db M1 R 1 � ■ ❑ 13 O m LO 4P■ �* ti ~■ Ar �■ O■ A 13 ❑ ■ ■ $ o °8 0 C ^ A■ ^■ A■ti O Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 36 FORTY ELEVEN 02 LLC 221 WILLIAMS RD WILMINGTON, NC 28409 6801 CAROLINA BEACH RD WILMINGTON R08200-005-003-000 STRICKLAND EDNA COLEMAN RE T 5001 ILEX DR WILMINGTON, NC 28412 7900 MYRTLE GROVE RD WILMINGTON R08200-002-041-000 WARD JOHN A ETAL 7906 MYRTLE GROVE RD WILMINGTON, NC 28409 7906 MYRTLE GROVE RD WILMINGTON R08200-002-042-001 CIRCLE K STORES INC PO BOX 52085 DC17 PHOENIX, AZ 85072 6759 CAROLINA BEACH RD WILMINGTON R08200-002-042-000 LAND LEASE CAROLINA LLC 2004 BALMORAL PL WILMINGTON, NC 28405 6752 CAROLINA BEACH RD WILMINGTON R08200-001-029-000 LAND LEASE CAROLINA LLC 2004 BALMORAL PL WILMINGTON, NC 28405 6748 CAROLINA BEACH RD WILMINGTON R08200-001-055-000 HATCHER BRANDY MAE ETAL 6760 CAROLINA BEACH RD WILMINGTON, NC 28412 6760 CAROLINA BEACH RD WILMINGTON R08200-001-027-000 JONES ANDREA 2018 TREECREST PKWY DECATUR, GA 30035 6800 CAROLINA BEACH RD WILMINGTON R08200-001-026-000 MCNEEL TERESA K 6841 CAROLINA BEACH RD WILMINGTON, NC 28412 6841 CAROLINA BEACH RD WILMINGTON R08200-005-008-000 HARRIS HOWARD E JR 49 GREAT EAGLE TER BOLIVIA, NC 28422 6840 CAROLINA BEACH RD WILMINGTON R08200-001-017-000 DEENER CHRISTIN 7110 HOLLAND LN FRANKTOWN, VA 23354 6828 CAROLINA BEACH RD WILMINGTON R08200-001-016-000 6844 BAYAT LAND LLC 2 WISTERIA LN LAKE GROVE, NY 11755 6830 CAROLINA BEACH RD WILMINGTON R08200-001-018-000 6844 BAYAT LAND LLC 2 WISTERIA LN LAKE GROVE, NY 11755 6844 CAROLINA BEACH RD WILMINGTON R08200-001-014-000 HARRIS HOWARD E ETAL 5311 DANDELION DR WILMINGTON, NC 28405 6838 CAROLINA BEACH RD WILMINGTON R08200-001-020-000 JACOBS ALEXANDER E JR 6834 CAROLINA BEACH RD WILMINGTON, NC 28412 6834 CAROLINA BEACH RD WILMINGTON R08200-001-019-000 HORTON GWENDOLYN GENEISE 18 SYRACUSE PL DURHAM, NC 27704 6808 CAROLINA BEACH RD WILMINGTON R08200-001-023-000 DEENER CHRISTIN 7110 HOLLAND LN FRANKTOWN, VA 23354 6820 CAROLINA BEACH RD WILMINGTON R08200-001-015-000 BARR KIMBERLEE W DWAYNE ETA 105 STURBRIDGE DR PISCATAWAY, NJ 08854 6814 CAROLINA BEACH RD WILMINGTON R08200-001-024-000 DEENER CHRISTIN 7110 HOLLAND LN FRANKTOWN, VA 23354 6824 CAROLINA BEACH RD WILMINGTON R08200-001-021-000 DEENER CHRISTIN 7110 HOLLAND LN FRANKTOWN, VA 23354 6818 CAROLINA BEACH RD WILMINGTON R08200-001-025-000 6901 SOUTHERN EXPOSURE LTD 2840 COLLEGE RD S UNDEV AC 319 WILMINGTON, NC 28412 6901 SOUTHERN EXPOSURE WILMINGTON R08214-005-001-000 DEWITT LOIS P 6905 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6905 SOUTHERN EXPOSURE WILMINGTON R08214-005-003-000 RADLEY CASEY DAVIS 6903 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6903 SOUTHERN EXPOSURE WILMINGTON R08214-005-002-000 WILLIAMS WESTON B ETAL 6900 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6900 SOUTHERN EXPOSURE WILMINGTON R08214-006-001-000 FERGUSON CHARLES ERNEST 6902 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6902 SOUTHERN EXPOSURE WILMINGTON R08214-006-002-000 Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 37 Property Owner Data-2 CAROLINA POWER & LIGHT CO PO BOX 1551 RALEIGH, NC 27602 6854 CAROLINA BEACH RD WILMINGTON R08200-001-013-001 LAND LEASE CAROLINA LLC 2004 BALMORAL PL WILMINGTON, NC 28405 6752 CAROLINA BEACH RD WILMINGTON R08200-001-029-000 RAFFERTY CREIGHTON MARY 3909 SINGLETREE RD MINT HILL, NC 28227 710 SOUTHERN CHARM DR WILMINGTON R08214-007-060-000 RAILEY KAREN W 4913 CORONADO DR WILMINGTON, NC 28409 821 SUMMER TREE LN WILMINGTON R08214-007-012-000 GANN GINA J 819 SOUTHERN CHARM DR WILMINGTON, NC 28412 819 SOUTHERN CHARM DR WILMINGTON R08214-007-011-000 GINTER KARA 807 SOUTHERN CHARM DR WILMINGTON, NC 28412 807 SOUTHERN CHARM DR WILMINGTON R08214-007-052-000 RUSSELLJOSHUA APRIL 821 SOUTHERN CHARM DR WILMINGTON, NC 28412 821 SOUTHERN CHARM DR WILMINGTON R08214-007-012-000 BARKER MICHAEL R ETAL 813 SOUTHERN CHARM DR WILMINGTON, NC 28412 813 SOUTHERN CHARM DR WILMINGTON R08214-007-008-000 HERMAN RANDOLPH CHARLES WENDY LEE 1729 OWLS NEST RD SANFORD, NC 27330 702 SOUTHERN CHARM DR WILMINGTON R08214-007-064-000 STRICKLAND LAURIE BRIGMAN 816 SUMMERTREE LN WILMINGTON, NC 28412 816 SUMMER TREE LN WILMINGTON R08214-007-041-000 ANDERSON JOHN A PATRICIA E 822 SUMMERTREE LN WILMINGTON, NC 28412 822 SUMMER TREE LN WILMINGTON R08214-007-038-000 OLD CAPE COD OWNERS ASSN INC 6846 CAROLINA BEACH RD WILMINGTON, NC 28412 FLEMING KIMBERLY A 2652 TRALEE DR GASTONIA, NC 28056 804 SOUTHERN CHARM DR WILMINGTON R08214-007-058-000 DEE REBECCA D 809 SOUTHERN CHARM DR WILMINGTON, NC 28412 809 SOUTHERN CHARM DR WILMINGTON R08214-007-053-000 MONTGOMERY AARON LUMA ETAL 812 SUMMERTREE LN WILMINGTON, NC 28412 812 SUMMER TREE LN WILMINGTON R08214-007-043-000 MEYER MITCHELL D PATRICIA R 1014 CAROLINA BEACH AVE N APT B-1014 ICAROLINA BEACH, NC 28428 806 SUMMER TREE LN WILMINGTON R08214-007-046-000 ELLER KRISTA M 818 SUMMERTREE LN WILMINGTON, NC 28412 818 SUMMER TREE LN WILMINGTON R08214-007-040-000 YON MARIA M ROBERTO C 1012 ELSMORE DR MATTHEWS, NC 28104 820 SUMMER TREE LN WILMINGTON R08214-007-039-000 JESSIE LOGAN M ETAL 802 SUMMERTREE LN WILMINGTON, NC 28412 802 SUMMER TREE LN WILMINGTON R08214-007-048-000 SMITH JUDSON C 703 SOUTHERN CHARM DR WILMINGTON, NC 28412 703 SOUTHERN CHARM DR WILMINGTON R08214-007-067-000 RECCHIA TARA CARL S 4564 GRAYSTONE DR NAZARETH, PA 18064 709 SOUTHERN CHARM DR WILMINGTON R08214-007-070-000 BAKER VIRGINIA A 704 SOUTHERN CHARM DR WILMINGTON, NC 28412 704 SOUTHERN CHARM DR WILMINGTON R08214-007-063-000 GRETES TASO 823 SOUTHERN CHARM DR WILMINGTON, NC 28412 823 SOUTHERN CHARM DR WILMINGTON R08214-007-013-000 SOGGIE DANIEL S 706 SOUTHERN CHARM DR WILMINGTON, NC 28412 706 SOUTHERN CHARM DR WILMINGTON R08214-007-062-000 ALTOMARE ANTHONY P 19 BIRCHWOOD CT BLAUVELT, NY 10913 804 SUMMER TREE LN WILMINGTON R08214-007-047-000 OLD CAPE COD OWNERS ASSOC INC 822 SUMMERTREE LN WILMINGTON, NC 28412 821 SUMMER TREE LN WILMINGTON R08214-007-012-000 NORTHWAYJASON ERIC 700 SOUTHERN CHARM DR WILMINGTON, NC 28412 700 SOUTHERN CHARM DR WILMINGTON R08214-007-065-000 MEYER MITCHELL D PATRICIA R 1014 CAROLINA BEACH AVE N APT B CAROLINA BEACH, NC 28428 814 SUMMER TREE LN WILMINGTON R08214-007-042-000 PIKE ROBERTJR AMANDA 6904 SOUTHERN EXPOSURE BLV WILMINGTON, NC 28412 6904 SOUTHERN EXPOSURE WILMINGTON R08214-006-003-000 LESLEYJEFFREY N 1121 MILITARY CUTOFF RD SUITE C201 WILMINGTON, NC 28405 808 SUMMER TREE LN WILMINGTON R08214-007-045-000 WILEY DANIELLE 705 SOUTHERN CHARM DR WILMINGTON, NC 28412 705 SOUTHERN CHARM DR WILMINGTON R08214-007-068-000 FOUSTJACQUELINE 817 SOUTHERN CHARM DR WILMINGTON, NC 28412 817 SOUTHERN CHARM DR WILMINGTON R08214-007-010-000 FCHARLIE LLC 712 SOUTHERN CHARM DR WILMINGTON, NC 28412 712 SOUTHERN CHARM DR WILMINGTON R08214-007-059-000 GREEN THOMAS 707 SOUTHERN CHARM DR WILMINGTON, NC 28412 707 SOUTHERN CHARM DR WILMINGTON R08214-007-069-000 TERHUNE DUSTIN ETAL 701 SOUTHERN CHARM DR WILMINGTON, NC 28412 701 SOUTHERN CHARM DR WILMINGTON R08214-007-066-000 JUSKIN MELISSA LEE 805 SOUTHERN CHARM DR WILMINGTON, NC 28412 805 SOUTHERN CHARM DR WILMINGTON R08214-007-051-000 FISHER TYLOR 1 708 SOUTHERN CHARM DR WILMINGTON, NC 28412 708 SOUTHERN CHARM DR WILMINGTON R08214-007-061-000 ZAZZALI JOANNA M 815 SOUTHERN CHARM DR WILMINGTON, NC 28412 815 SOUTHERN CHARM DR WILMINGTON R08214-007-009-000 STEELE MICHELLE M 810 SUMMERTREE LN WILMINGTON, NC 28412 810 SUMMER TREE LN WILMINGTON R08214-007-044-000 NANCE GARY K 801 SOUTHERN CHARM DR WILMINGTON, NC 28412 801 SOUTHERN CHARM DR WILMINGTON R08214-007-050-000 Board of Commissioners - 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X =- FV Iri t �i cti r, ki hl N bra f+I �{ IT 'n ni .%E �, Cr > C7 m N 7 C5 al N Q :y I 1 rh 1D 0 0 r,IMC YI � Uri t, m Q I-' !+ rn LA Jj Board of Commissioners - Ju 1 023__ �� ILA ' ITEM: 15- 7 - 4 :-,Q -- 'vrn r- Z 11 0 z Z n ru 00 -Ab I✓ fv 01 = 00 00 O y n O a bm Z n o s7 � = z v z rn r� rn O W X O � oo z n IV 00 a M 3 O 1 3 1 z n N 00 4�b (11 I Z 1-, n - N IYI _- A [. - Tr "I 'J •• I-' k;G ('IZO IR k 'N rn - I - F CFI in 74 19 �P 1� �- j•+ w dl - P Itil 'V Effir IN 19 Is III 10 Is IF In All lx 10 Ip !A Ea 0 c Y 171 ly I� z In .p ❑ T Is m rn r, 7a -ram H-rni 1" M 111 .. lx -- p fupz 'T1 co In (,imp i- >m rn rl� •II�]0 ..-- IAI IYI Isl h rn I- - rN rn :E °V 1 �; _ r=-9h.z K 00 v r �0(A 0 r rn ZZn Z D 70 n CID O N D C ?=n o r} Board N w4 00 1= jh� 0 m rn Z n y O n • k p O I;: ? z v tV I71 z 0 " va t7 m _= ;� A o n z -_ w -! m 4�1- rn cn . M 1S1 N ii-u G IP N 'y lT3 1 . " t 70 LA Z 1 l i rn s.. .. QO a -rt 2 I -1 nt (� 1 0 IZtn * s, d .,r m '69 rll�" � `4 I i P .p IkI r w -� �- rn CoAmilssioners - June 5, 2023 ITAM: 15- 7 - 41 *-0 -. o o x 00 Z n N 00 A O 0) 2 0 CO C7 NEW PARCEL 1 BEGINNING AT A POINT ON THE NORTH WESTERN CORNER OF THE SUBJECT PARCEL AND POINT BEING MARKED BY HAVING %" IRON PIPE FOUND AND HAVING NC STATE PLANE COORDINATES OF N 125,361.87 E 2,333,004.66 THENCE A LINE BOUNDED TO THE NORTH BY LANDS NOW OR FORMERLY OWNED BY LAND LEASE CAROLINA, LLC AND BOUNDED TO THE SOUTH THE FOLLOWING BEARING AND DISTANCE: S 87' 47' 38" E 503.27' TO %" IRON PIPE FOUND THENCE A LINE BOUNDED TO THE EAST BY LANDS NOW OR FORMERLY OWNED BY BRANDY MAE HATCHER AND BOUNDED TO THE WEST BY THE SUBJECT PARCEL THE FOLLOWING BEARING AND DISTANCE: S 09' 06' 51" E 74.98' TO Y/" IRON PIPE FOUND THENCE A LINE BOUNDED TO THE NORTH BY LANDS NOW OR FORMERLY OWNED BY BRANDY MAE HATCHER AND BOUNDED TO THE SOUTH BY THE SUBJECT PARCEL THE FOLLOWING BEARINGS AND DISTANCES: S 89' 21' 16" E 207.01' TO ANGLE IRON FOUND S 89' 00' 47" E 26.71' TO 5/8" IRON REBAR SET S 89' 56' 09" E 4.31' TO 1" IRON PIPE FOUND (1-6) S 89' 56' 09" E 309.02' TO Y/" IRON PIPE FOUND THENCE A LINE BOUNDED TO THE EAST BY CAROLINA BEACH ROAD U.S. HWY NO. 421 AND BOUNDED TO THE WEST BY THE SUBJECT TRACT THE FOLLOWING BEARINGS AND DISTANCES: S 11' 05' 40" E 78.65' TO 5/8" IRON REBAR SET THENCE A LINE BOUNDED TO THE SOUTH BY LANDS NOW OR FORMERLY OWNED BY AND BOUNDED TO THE NORTH BY THE SUBJECT TRACT THE FOLLOWING BEARINGS AND DISTANCES: N 79° 46' 20" W 26.84' TO 5/8" IRON REBAR SET N 75' 22' 08" W 139.28' TO 5/8" IRON REBAR SET N 89' 32' 00" W 96.12' TO 5/8" IRON REBAR SET N 86' 31' 48" 44.91' TO 5/8" IRON REBAR SET N 88' 15' 47" W 44.93' TO 5/8" IRON REBAR SET THENCE A LINE BOUNDED TO THE EAST BY LANDS NOW OR FORMERLY OWNED BY AND BOUNDED TO THE WEST BY THE SUBJECT TRACT THE FOLLOWING BEARING AND DISTANCE: S 02' 28' 20" W 227.27' TO 5/8" IRON REBAR SET Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 42 THENCE A LINE BOUNDED TO THE SOUTH BY LANDS NOW OR FORMERLY OWNED BY 6844 BAYAT LAND, LLC AND ALEXANDER E JACOBS AND BOUNDED TO THE NORTH BY THE SUBJECT TRACT THE FOLLOWING BEARINGS AND DISTANCES: N 87' 30' 39" W 21.24' TO ANGLE IRON FOUND N 87' 31' 38" W 218.07 TO 1" IRON PIPE FOUND THENCE A LINE BOUNDED TO THE EAST BY LANDS NOW OR FORMERLY OWNED BY ALEXANDER E JACOBS, AND HOWARD HARRIS AND BOUNDED TO THE WEST BY THE SUBJECT TRACT THE FOLLOWING BEARINGS AND DISTANCES: S 01' 55' 41" E 109.51' TO 5/8" IRON REBAR SET S 01' 55' 41" E 124.18' TO 1" IRON PIPE FOUND S 00' 20' 20" W 36.34' TO 3/" IRON PIPE FOUND S 00' 16' 47" E 108.80' TO %" IRON PIPE FOUND THENCE A LINE BOUNDED OT THE SOUTH BY AN APPARENT PROPERTY GAP AND LANDS NOW OR FORMERLY OWNED BY CAROLINA POWER AND LIGHT CO, DUSTIN TERHUNE, AND JASON NORTHWAY AND BOUNDED TO THE NORTH BY THE SUBJECT PARCEL THE FOLLOWING BEARING AND DISTANCE: N 88' 50' 09" W 418.60' TO 1" IRON PIPE FOUND THENCE A LINE BOUNDED TO THE WEST BY CAPE FEAR COMMUNITY COLLEGE AND BOUNDED TO THE EAST BY THE SUBJECT TRACT THE FOLLOWING BEARINGS AND DISTANCES: N 05' 52' 57" W 146.40' TO 3/" IRON PIPE FOUND N 05' 32' 13" W 124.93' TO 1" IRON PIPE FOUND N 05 39' 46" W 122.82' TO %" IRON PIPE FOUND N 05' 28' 57" W 89.65' TO 1" IRON PIPE FOUND N 05° 47' 27" W 104.71' TO %" IRON PIPE FOUND N 05' 25' 58" W 130.82' TO 3/" IRON PIPE FOUND THENCE BACK TO SAID POINT OF BEGINNING. TRACT CONTAINS 398,856 SQ. FT. / 9.16 ACRES NEW PARCEL 2 BEGINNING AT A POINT ON THE SOUTH EASTERN CORNER OF THE SUBJECT PARCEL AND POINT BEING MARKED BY HAVING %" IRON PIPE FOUND AND HAVING NC STATE PLANE COORDINATES OF N 124,989.08 E 2,334,119.15 THENCE A LINE BOUNDED TO THE SOUTH BY LANDS NOW OR FORMERLY OWNED BY 6844 BAYAT LAND, LLC AND BOUNDED TO THE NORTH -BY THE SUBJECT TRACT THE FOLLOWING BEARINGS AND DISTANCES: N 87' 36' 49" W 183.63' TO 5/8" IRON REBAR FOUND N 87' 30' 39" 232.34' TO 5/8" IRON REBAR SET Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 43 THENCE A LINE BOUNDED TO THE WEST BY LANDS NOW OR FORMERLY OWNED BY AND BOUNDED TO THE EAST BY THE SUBJECT TRACTTHE FOLLOWING BEARING AND DISTANCE: N 02' 28' 20" E 227.27' TO 5/8" IRON REBAR SET THENCE A LINE BOUNDED TO THE NORTH BY LANDS NOW OR FORMERLY OWNED BY AND BOUNDED TO THE SOUTH BY THE SUBJECT TRACT THE FOLLOWING BEARINGS AND DISTANCES: S 88' 15' 47" E 44.93' TO 5/8" IRON REBAR SET S 86' 31' 48" E 44.91' TO 5/8" IRON REBAR SET S 89' 32' 00" E 96.12' TO 5/8" IRON REBAR SET S 75' 22' 08" E 139.28' TO 5/8" IRON REBAR SET S 79' 46' 20" E 26.84' TO 5/8" IRON REBAR SET THENCE A LINE BOUNDED TO THE EAST BY THE SOUTH BOUND LANE OF CAROLINA BEACH ROAD AND BOUNDED TO THE WEST BY THE SUBJECT TRACT THE FOLLOWING BEARINGS AND DISTANCES: S 11' 05' 40" E 65.76' TO %" IRON PIPE FOUND S 10' 18' 19" E 121.78' TO %" IRON PIPE FOUND S 11' 53" 42" E 15.04' TO %" IRON PIPE FOUND THENCE BACK TO SAID POINT OF BEGINNING TRACT CONTAINS 81,655 SQ. FT. / 1.87 ACRES Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 44 3 c 0 D- a a� U c 0 U N cn / N I N N O N / N U 0 U a) N T E 0 41 a a) U C O U x w CD 0 I N O c O c E U a a� m O c O a U O O 00 c 0- 0 a� N 0 N Z s� U U a) 0- E N Q Q o_ I J U Y N 0 c c 3 0 0 L� - PROPOSED MULTIFAMILY SITE N/F CAPE FEAR COMMUNITY COLLEGE PID: R08200-001-034-001 BK: 5448 PG. 587 ZONING: R-15 POTENTIAL WETLAND LOCATION — FROM NCDEQ GIS TO BE CONFIRMED BY WETLAND SCIENTIST 15—FT TYPE A BUFFER WITH 6—FT FENCE ALONG PROPERTY LINE SITE LEGEND PROPOSED PROPERTY BOUNDARY LINE U TALL WOODEN FENCE SITE DATA TABLE DEVELOPMENT DATA: TAX PARCEL IDS R08200-001-015-000, R08200-001-016-000, R08200-001-021-000, R08200-001-023-000, R08200-001-024-000, R08200-001-025-000, R08200-001-026-000 TOTAL SITE AREA 11.04 ACRES FEMA FLOOD ZONE CLASSIFICATION UNSHADED ZONE X EXISTING VEGETATION - REFER TO SURVEY FOR TREE INFO ZONING DATA: EXISTING ZONING DISTRICT: R-15 PROPOSED USE: COMMERCIAL MULTIFAMILY PROPOSED MULTIFAMILY SITE DATA: AREA 9.16 ACRES MAXIMUM # PROPOSED UNITS 128 (MULTIFAMILY) MAXIMUM DENSITY 15 UNITS/ACRE MAXIMUM BUILDING HEIGHT 45' PROPOSED PARKING 188 SPACES PROPOSED COMMERCIAL SITE DATA: AREA 1.87 ACRES MAXIMUM BUILDING HEIGHT 25' MAXIMUM FUEL CANOPY HEIGHT 26' PROPOSED PARKING 50 SPACES SITE NOTES THE FOLLOWING ARE CONCEPT APPROXIMATIONS AND MAY ADJUST THROUGH SITE DESIGN: - BUILDING AREAS - BUILDING CONFIGUATION/LAYOUT - PROPOSED PARKING SPACES PROVIDED - PARKIND AND DRIVE AISLE CONFIGURATION - STORMWATER DETENTION POND SIZE AND LOCATION - SIDEWALK CONFIGURATION/LAYOUT --------------------------------- r----------------- I I I I I I I I I I I I I I I I I I i I 1 I I I 1 I I I 1 I I � I I I I � I I I I i I I � I i i I I it I N/F LAND LEASE CAROLINA, LLC PID: R08200-001-055-000 BK: 6396 PG. 2612 ZONING: R-15 15-FT TYPE A BUFFER WITH 6-FT FENCE ALONG PROPERTY LINE 30.0' SIDE SETBACK ------------ ------ It I 1 1 1 BUILDING B III 30.0' SIDE SETBACK 1 � 1 � I 20' POST CONSTRUCTION CONTROL MAINTENANCE EASEMENT— ��� - MIN. 0 I I i MIN. I I _�!� PEDESTRIAN SIDEWALK PEDESTRIAN SIDEWALK I I I I I I 20-FT TYPE A BUFFER I i I I ' 15' ACCESS E SEMENT I 92 PG. 565-568 MULLITYARE:lA]l BUILDING D AME' ACCESS EASEMENT BE VACATED I 35.0' FRONTS TBACK ! 0 ------------- 1 s 13" GUM 15" GUM I IAl 30.0' REAR SETBACK i 10' POST CONSTRUCTION I I 14" 9UM a CONTROL MAINTENANCE I 1 I EASEMENT I I I I I I SCM POND II V0.0 BUILDING F i I I I N/F I I I 'E F AR COMMUNITY COLLEGE I ID: R8200-001-279-000 BX 5371 PG. 770 ZONING: R-15 I BUILDING E i I I I I I \ ' I I � I I I I \ I I I I I I I ` PEDESTRIAN SIDEWALK { I \ I 1 � I I I i I I BUILDING G BUILDING G HEIGHT REDUCED I FROM 3—STORIES TO 2—STORIES PER COMMUNITY DISCUSSIONS WALL I 1 � I F7 I I � I I I I MI I I I � I I I I I ' IL--------------------------------------- ------------------------------------- TYP. 'TYPBUILDING C / _ I I I L I I I I �— LOT 4, SECT 4 LOT 83; SECT 4; OLD PAPE COD \ OLD CAPE COD IAT TIDEWATER PLA TATION AT TIDEWATER PLANTATION N/F NORTHWAY JA ON ERIC / TERHUNE DUSTIN ETAL PID: R08214-007- 65-000 PID: R08214-007-066-000 BK: 2231 PG. 836 BK: 6334 PG. 468 MAP 37 P . 83 MAP: 37 PG. 83 ZONING: ZONING: R-15 SOUTHERN CHARM DRIVE (PUBLIC R/W VARIES) I \I I I 1 REZONING OVERALL SITE CONCEPT 01/23/2023 I � I —INTERNAL PARCEL LINES I I TO BE VACATED (TYP.) j I I I i ------------- i 30.0' SIDE SETBACK -r N/F HATCHER BRANDY MAE ETAL PID: R08200-001-027-000 BK: 6203 PG. 2637 ZONING: R-15 25.0' SIDE SETBACK Q'O I O 12.5—FT TYPE A BUFFER WITH 6—FT FENCE ALONG PROPERTY LINEPER O JP GUY E 18—FT STREET YARD SIGN N —PRIVATE ROAD ONE WAY 'a 1 PROPOSED FULL ACCESS M DRIVEWAY � V NO LANDSCAPE BUFFER BETWEEN B-1 AND PRIVATE ROADWAY . . . . . . . o®o ; o®, 25.0'FRO SE BA K II 18—FT STREET YARD n 15—FT TYPE A BUFFER WITH 6—FT FENCE ALONG PROPERTY LINE MODIFIED TYPE A BUFFER (5—FT MINIMUM) WITH 6—FT FENCE ALONG PROPERTY LINE BUILDING A 25.0' SIDE SETBACK cy (P o0 o®, O = 1 9 O z IFUEL CANOPY =y I o C co Y ®•: I1 ♦ 37 � I Z I PROPOSED ---- RIGHT—IN/RIGHT—OUT ACCESS TBM NAIL IN PP ELEVATION: 27,33 (NAVD 1988) PROPOSED MONUMENT SIGN I N/F N/F 12.5— FT TYPE A BUFFER I JACOBS ALEXANDER E JR 6844 BAYAT LAND, LLC PROPOSED COMMERCIAL SITE WITH 6-FT FENCE ALONG PID: R08200-001-019-000 PID: R08200-001-014-000 BK: 4886 PG. 1446 BK: 6024 PG. 1121 PROPERTY LINE ZONING: R-15 ZONING: R-15 15-FT TYPE A BUFFER WITH 6-FT FENCE ALONG PROPERTY LINE N/F HARRIS HOWARD E ETAL PID: R08200-001-020-000 BK: 1361 PG. 168 ZONING: R-15 N/F HARRIS HOWARD E JR PID: R08200-001-017-000 BK: 5632 PG. 996 ZONING: R-15 N/F CAROLINA POWER & LIGHT CO PID: R08200-001-013-001 BK: 892 PG. 86 15—FT TYPE A BUFFER"WITH 6—FT FENCE ALONG PROPERTY LINE SHEET 1 of 1 GRAPHIC SCALE IN FEET 0 25 50 100 NC LICENSE #F-0102 © 2023 200 SOUTH TRYON STREET, SUITE 200 CHARLOTTE, NORTH CAROLINA 28202 im e PHONE 704-333-5131 PHIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC. Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 45 E O_ a n N O N PO N c a U) w w H- H- Z a J n H- n W U Z O U IJ H- cn i N /F CAPE FEAR COMMUNITY COLLEGE PID: R08200-001-034-001 BK: 5448 PG. 587 ZONING: R-15 TREE REMOVAL LEGEND AND CALULATIONS ** NOTE: THESE ARE PRELIMINARY PRESERVATION ESTIMATES AND ONLY INCLUDED TREES EQUAL TO OR GREATER THAN REGULATED BY CODE. TREE NUMBERS AND INFORMATION CORRESPONDS WITH THE TREE REPORT PREPARED BY JOSHUA TREE ON 1/18/2023. EXISTING REGULATED PINE TREES TO BE RETAINED (±8) EXISTING REGULATED HARDWOOD TREES TO BE RETAINED (±0) 0 EXISTING SIGNIFICANT TREES TO BE RETAINED (±16) 0 EXISTING REGULATED PINE TREES TO BE REMOVED FOR ESSENTIAL SITE IMPROVEMENTS (±9) EXISTING REGULATED HARDWOOD TREES TO BE REMOVED FOR ESSENTIAL SITE IMPROVEMENTS (±2) EXISTING SIGNIFICANT TREES TO BE REMOVED FOR ESSENTIAL SITE IMPROVEMENTS (±45) ±44 EXISTING SIGNIFICANT TREES TO BE REMOVED WITH ±947" TOTAL CALIPER X 2 = 1,894" TOTAL MITIGATION REQUIRED TREE PRESERVATION NOTES 1. TREE PRESERVATION / REMOVAL PERMIT IS REQUIRED PRIOR TO CLEARING AND LAND DISTURBANCE. 2. PRIOR TO ANY CLEARING, GRADING, OR CONSTRUCTION ACTIVITY, TREE PROTECTION FENCING WLL BE INSTALLED AROUND PROTECTED TREES, OR GROVES OF TREES AND NO CONSTRUCTION WORKERS, TOOLS, MATERIALS, OR VEHICLES ARE PERMITTED WITHIN THE TREE PROTECTION FENCE. 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. LABEL PROTECTIVE FENCING WITH SIGNS TO BE PLACED EVERY 50 LF, OR AT LEAST TWO (2) PER AREA, IN ENGLISH AND SPANISH "TREE PROTECTION AREA: DO NOT ENTER". :OLLEGE -000 # 1T 83; SECT 4; OLDJTATIEON APCOD IAT TIDEWATER PLA N/F NORTHWAY JAN ERIC P11: R08214-007:165-000 BK: 2231 PG36 P MAP 37 83 ZONING: R-15 REZONING OVERALL TREE CONCEPT 01/23/2023 #117. 18" W-OAK SOUTHERN CHARM DRIVE (PUBLIC R/W VARIES) N /F LAND LEASE CAROLINA, LLC PID: R08200-001-055-000 BK: 6396 PG. 2612 ZONING: R-15 #44. 20" W—OAK IfIJ4. 4U W-UAN I• #137. 34" LO W—OAK ----------------- __ #135. 18" P #122. 20" W—OAK LOT V4\ SECT 4 OLD CAPE COD AT TIDEWATER PLANTATION TERHUNE DUSTIN ETAL PID: R08214-007-066-000 BK: 6334 PG. 468 MAP: 37 PG. 83 ZONING: R-15 N /F CAROLINA POWER & LIGHT CO PID: R08200-001-013-001 BK: 892 PG. 86 ZONING: R-15 N /F HARRIS HOWARD E ETAL PID: R08200-001-020-000 BK: 1361 PG. 168 ZONING: R-15 N /F HARRIS HOWARD E JR PID: R08200-001-017-000 BK: 5632 PG. 996 ZONING: R-15 N /F HATCHER BRANDY MAE ETAL PID: R08200-001-027-000 BK: 6203 PG. 2637 ZONING: R-15 #147. 18" P I #144. 19" P #148. 24" P #149. 51 " LO `—_-----___ #145. 19" P, - --- — — #146. 19" OAK SHEET 1 of 1 O JP SAVE EXISTING SPECIMEN LIVE OAK' JI 1 GRAPHIC SCALE IN FEET 0 25 50 100 NC LICENSE #F-0102 ©2023 Ki ley )) 200 SOUTH TRYON STREET, SUITE 200 CHARLOTTE, NORTH CAROLINA 28202 PHONE 704-333-5131 FHIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC. Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 46 I 6 • SITE N/F LAND LEASE CAROLINA, LLC PID: R08200-001-055-000 BK: 6396 PG. 2612 ' N: 1.16.2 E: 23330033004.6666 �_ � +16.8 13.8 + `� �_ 5___--- 15 -10" P + I +7 18.5 N:125342.49 25.26.0 Vicinity Map - Not to Scale 1 131•1 19.4 E:2333507.56 I 25.9 25.0 P 11" P 16.7 16" S 87'47'38" E 8" OAK 10' OAK + 18" 16" P + 20.1 3/4" IPF 14.7 14" P 15" CYP 14.6 " N 89'20'39" E 547.18' o / 26.1 + + + 6.1 TRAFFIC f�'ir 14" P � 1 2" IPF 25.7 CONTROL " 11 P 10,. P 503.27' 18.6 19.2 16 3/4„ IPF 1 25.7 24.2 9" OAK 8" P 10 P 10" P10" P� 13" P 13» p 10" P 10" OAK 9" OAK I i 2y (' 19" 10" Pr i 8" P 0 C( g,. LO fl 24.0 24.1 10' P � 10" P 8' OAK® - _ - - 13" P 8" OAK 9" OAK.1 � N 1 , 24.5 10111P�/ 4) 9" P * N I o 2 .8 24 3 25. 24.2 13.5 10' P 9' P i 10" P 19.0 N F + 12" P " 14" oAK N/F �, I 25. + + + CAPE FEAR COMMUNITY COLLEGE 13 z 14" P 1Q P 14" $ P 10" 16.5 12" p # 10" P �� 16" P 15" P o S 89'00'47" E HATCHER BRANDY MAE ETAL 0 26 0 24.4 / 10" p 8" OAK o 14" OAK + 20.8 tx dH� N ! + So d 2g,71' PID: R086203 PG. 2637 24.1 g�� dl+o � d 23.7 PID: R08200-001-034-001 � � � � � � + � � 13 P � U; � v; �, BK: 5448 PG. 587 �+ 10» P 9" P \ oo + 21 7 BK: 6203 PG. 2637 12" P • -i 24.8 N:125265.32 12" P ( 12" 16" P\�0.4 26.4+ II r E: 2334066.47 -24 al o? n' I 12" P 16.4 16" P 10 P• 3 + 22.3 .3 5_5_ dHo dHo P� + 14" P a" OAK ao + 25.5 N o 25 �O �c�1 13" P 7" CYP• 14" P \\ 3/4,. IPF S 89'21'16" E 21.2 AIF L61" IPF S 89'56'09" E Tot. 3 333' 25.0 3/4" IPF N o�; d 60dH0 25.3 25.8 12" P 14 P �14 P 12„ + 18.4 �\ + 11" P 207.01' + 23.0 + 23.5 309.02' 24.8 � 8" P 24" P GUY WIRE , + 20.1 - SIGN 25.8 \,C� _ 19" � a/ 25.1 �� � � I ONE WAY + 25.5 24.4 - _13.4�- 13.5 '., \ + 16.6 I 9' OAK 8„ LO + 23.2 19" oAK- - 2 + ' � � o _ n - \ N/F I � 9'• OAK � _ � 40" LO i � 6. +26.0 �� I 7" W-OAK ® 9" OAK -- 24.1 + 24.7 BUILDING 14 P 3. 24.2 FFE: 25.58 CONTROL 14" P �� PID: R08200-001-023-000 + " - 1/2" IPF � 27 LO + BUILDING BK: 6388 PG. 1981 1 FIFE: 27.74 �' ma`s TRAFFIC 25.5 I 10' P 187,161 Sq Feet `� Z N/F 15 W OAK CEDAR N 4.7 5.7 25.6 25. J \ * 4.30 Acres 19•9 - - JONES ANDREA `� + '� / 14" P 17.4 ) 10" OAK �1 + > +/ y o o PID: R08200-001-026-000 24.7 PUMP g • , ,IZ z ,s 10' P Q 5' HOLL . HOUSE 4- 0 4 1 25.2 24.9 o �5�� 12" P 21.1 c.0 BK: 9910 PG. 1520 BUILDING AC cr g W N_ 25" LO FFE• 25.29 16" MAPLE p p L; o - _ _ _ 19.0 + 43,618 Sq. Feet 6? 24.5 18" CEDAR 23.6 � o � J + 15.1 9 P + '/ 19" LO �� 1.00 Acres 5" OLLY + 12" MAG + .9 \ N i' 14" LO HOLD 12" HOLLY 23.5 / 1 25.6 _ -- - 15.7+ „ •u + 22.1 10" OAK 24" P 24.3 - GRAVEL3 � jTRAFFIC h - �. 8 + 8" P I 23.7 23.6 + _ CONTROL `" 24.9 r\ ' - - 13' P 12» p • 8» p / / 0 + +22.8 23.2 �O I � ' g,\ " 0 11 Zo / 8" P• 15' ACCESS EASEMENT 23.7+ Sao' CEDAR 23 3 36" LO o \ + + 4.8 BK: 1192 PG. 565-568 20" YC �° 25 22 -- - 12" P � 27" LO � � 23.3 � i 25.0 + 17.5 N:125107.82 12' L0� 15' OAK / E:2333482.44 8" MAGO 5/8" IRF 80 311.78' $ 23 0 41" L " 23.3 1 /2" IPF 5. 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LO 23.5 jas�m �� 17" P 16" P 20' P� �12 LO 13" OA 15' P 14" OAKAC \ 17" MAGU'- ~ �18" N 02'02'03"6W 12" P • 12" W-OAK�P 13" P 15 P u 16 P 'r " 8 OAK, 0 „ 14 OAK N F ar �.^� b 22 }4 B-GUM 18 00 `, 14" P/ DEENER CHRISTIN 23.2� P 18" P •y " 8" OAK 15„ P 11" OAK 15"_� „ 12 _LO 12" LO 13' LO 13 1 ��':'''+4� O.K 16"IJ 8" PEAR v FFEUI27.09 0 C1,5" MAC _I I O I 17" P 16" P PID: R08200-001-025-000 + 20 P 16 P 12 W-OAK ® 10 P 14" OAK . 13 8' OAK 10" LO 13" OAK • •� aI Q 17" MAG PP Tc°.�, 12' W-OAK 9. OA 16 P '� + 13' 14 P y 14' OAK 14" OAKcn /� I 24.6 BK: 5824 PG. 2342 14" P 15" P-- 9" oAK 13" p 11" P 13" P n K °0� 17" LO 12" LO 14" OAK 0 9" PEAf7 9'! PE j 24.7 odQ Tr*� aIP 24 9 5 !z � Legend _ �___ / . 12" W-OAK - - 9 OAK � � 6 � 25.5 �- 40,761 Sq. Feet 20" p cn +N17" P 17" P / 12" LO0.94 Acres --- 18' P � 14" P 14' OAK 10'• OAK N F I.R.F. = IRON REBAR FOUND 3/4" IPF 23.4 „ J e N !- �'� #15" P 9" OAK » ® 15" OAK •g" OAK BARR KIMBERLEE/W DWAYNE ETAL BUI? uNEO OSTg �/� !'� 26P�+ 24 2 / 16" P-� 17' P 10' W-OAK 9 OAK 14" OAK • 13" P _ 10" OAK PID: R08200-001-024-000 FFE: •P 10" SYC 1 2 l_ I.P.F. = IRON PIPE FOUND + 22.9 9" 10" OA13" OAK 2^ P drQ ���i QD 622.0 /" S 8T11'53" E 450.05' + 23.6+ 14" P� 19" 10A p 15" oA 2 *�� BK: 5649 PG. 1779 i 4+ - 5.3 LR.S. =IRON REBAR SET 12" W-O -- -- --- 8•' OA .. a ®Q 10 P 2S-�` _ 0 1 " C-MYRTL / 12" CEDAR '�5.29' OA -� 9' OAK '13 8" T-OAK 14" W-OAK 0 P' 15" P" 41,460 S Feet m �,0 P p �S,r �q9" OAK 14" P of 10•' p 15" OAK q• 25.2 25.4PP - 17' 9" OAK g, (0) , x 23.4 (2b' T-OAK 15" OAK 16"JOAK' 12" LO 10" P 10" P 24.9 0.95 Acres 9" OAK -25� a 9DWQ- POWER POLE 5 ti 10" P ® 8" T-OAK v 16" OAK 16" P 13" OAK � DRIVE LP 9" OAK 8" OAK 8 OAK 8" OAK 12" p9' OAK 13" GUM ^OAK 218.07' !10„ P (� 25.2 25.2 25.4 25.6 14" CA _ / 28.3 12" W-OAK 12' W-OAK = LIGHT POLE 9' OAK 15" GUM- 6 OAK® 1" IPF 21" LO `� / 25.6 -251 -26.2 L14 1-I 0 0 . 25.2 25.5 N 8T31'38" W 232.34' .' 26.1 HpS�" F a p1 �9" P • p1 16" " 3/4" IPF �'� `` 12".W-OAK -- g Q j 9" P 8" OAK 13, P + i + 26.5 12 9" CH� 25.8 15, CI N { � " 1Q" CA = AIR CONDITIONING + 18" P -� 18" P N/F------_ OAK 11 B-GUM` L 5/8" IRF ` 6. \ ELEVATION:27.33 AC 24.2 � 16" W-OAK 14" GUM - -- iIMP 5" P 22" P 16" P r TBM NAIL IN PP z PID: R08200-001-015-000 \ 24 0 9 OAK 20" P 18 8T30'39" W - 4' ` ar 26.5 AIF � .„� DEENER CHRISTIN O = TELEPHONE PED. 24.0 j 10 P 14 P� 12 P 14" P 25�_ 8" OAKS + ` - OAK O b-- 0 OAK " P P 24.8 + - 4 OAK 22.4+ con N 8" ip 12" P 9" P 14" P 10" P� 10" W-OAK BK: 4636 PG. 475 26.3 + I " B MP � 13u P �'4 L8 0 =CABLE TV � _ GU � 25 lv � � OAK + 27 3 1 " � 13 27.414�� 27.5 � (NAND 1988) -04F• 7" W-OAK 51,457 Sq. 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Feet o+ 26.7 0 5 10' 0A� 15� P � P 8" P � 10" P�10» p 12 P g P 112" LO 12" W-OAK 1.24 Acres P � '1 3 7 OLD z L 8" OAK (Di' 14- PP112"p 12` PI 12 P PP 1 N TRAILER 7" T-OAK 12' P N ® 10" P 8" P� g' p 1 CAMPER W 12" P 12" P 10" P 8" OAS 1IV� J 24' W-OAK / ALUMINUM 114 P 9 U 10" P 8' 8» p �1 P g„ p 24" W-OAK ,�® HANGER q _ 8' OAK 12" P 6D 14", W-OA 1 - •I(N �8" P8" P 10 P bo 35.0/ FFEUI31I23 20" N�-OAK I 16" P \ 11" P ' 11" P / ONE STORY �� + Q 5• / / WOOD BLDG 32.3 0� o 12" LO / � 12" P � I 14 P� �16�P 303"8p 10" W-OAK 16" P ABANDONED /�4�P 12�P \� O + / 1 P 27.8 ( 12" L0 23.1 12" LO � \ � 16" P � 18" W-OAK 18„ P ttl33 18" W-oAY� 22" W-OAK 12" W-OAK 4 7- IPF N/F I OI °° ?� 14 P 12" W� OAK 18 pI - . u HARRIS HOWARD E ETAL I 3/4" IPF 9' P g" OAK 8" OAK 13" P 14" P 18" iN 'd 12" P12" P b' 14" P 21.3+ 12' W-OA-1� W-OAK PID: R08200-001-020-000 0 \ s' CEDAR 8" T-OAK �\ S 88'48'37" E 433.29' 18" W-oA 2" W 9AK--30 BK: 1361 PG. 168 I II 7" OAK „� 14'• 12 ® 14 p` � 18" W-OAK ,�.,���---T ---- 176 W-OAK x 1" IPF • \` 18" W-OAK 31.3+ 12" W-OAK ;''Lp PP 29.5 12" LO 12" p S 00'20'20" W 22" P �0 + I 36,34' o 14 P �\ 12" p So �14" p 30„_ ia" a 4' P / a -------- 28.4 I 9I '16" P 12" P�� + 27.7 PIP N/F DEENER CHRISTIN ,3 PID: R08200-001-016-000 - \ +28.1 P 16" CEDAR PUMP .A - BK: 5839 PG. 2594 28 3 HOUSE _-16" 1(Y OAK - 10" OAK . WALL + - 3 4" IPF - 19.L �,\ \ y \ #1155 P 61,823 Sq. Feet �----- � 22" P / _ o_10" OAK 15�' P 1.42 Acres 15" CEDA 15" CEDAR \kP WOOD POST _ LINE BEARING DISTANCE cn, �� 21.0 WOOD SHED MID.) _ �, P 9" OAK 8" OAK 12' W-OAK 2 STORY d - N 8" OAK 12" LO x 15" B-CH t3 BRICK/WOOD 16" CEDAR 22 W-OAK �b 6°� 32" Lo - L1 S 03'39'20" E 32.86 wi p C, E oAK 14" P 8" CA �. _„-,_, F .a"�) DWELLING 16" p '�1�4 L2 S 74'49'42" E 8.02' - 1o" oAK, M . a , 12' W-OAK 18 W-OAK 12" B-CN`,O ti.:s 0 12 s 18" W-OAK 26.918» p L3 N 89'39'18" E 124.60'-- \ \ 14" P 15' OAK 8' OAK /i 12' W-OAK o16.1 9 P 12' W-OAK -1�' W-OAK + 27.9 / " P O N/F I I L4 N 89*36'15" E 135.18' 16.0 10:\OAK 13" P i + 244 01',4" DW 40" W-OAK ts» p 2 00 HARRIS HOWARD E JR L5 S 00'41'09" E 16 12' \ 24" p (D 00, PID: R08200-001-017-000 41 L6 S 89'56 09 E 4.31 9" P P 12" P 9" P 1 14" OAK \, 18" W-OAK 16 W-OAK » �! BK: 5632 PG. 996 I I L7 S 1 1'53'42" E 15.04 19„ P 111" P 10" P1" oAlg" oA �� +"25.0 34" LO m L8 N 88° 18'09 ' W 203.88' `+;ai 13" OAK 32" W-OAK ��� 26.1 + w-OAK 13" W-OAK L9 N 02' 16' 15" E 94.37' 8'a +P' " '12" O ar ' (`'s ' Dw " 2 �� 12"�PAWk22 P1 12" W-OAK 12" LO OAK14' OAK 8 .DW L10 N 02'09;52;; E 15 005 1" 116. 9" OAK ,ti° 5► 14 OAK 24.6 s" OAK 16 P 16 _P,„6 DW O ® 12 P �d 12" P N WOOD POST 8" 418.60 20' W OAK 17",'W-OAK � 12" P h+ W-OAK (TYP.) "cis 24'8 1/2" IPF L12 S 87 35 01 E 467.00' NC SPc s%24 9LiJ L15�0 I L13 S 02'16'15" W 93.91' N:124646.03 »�% -o N 88'50'09" W 1 " P-�/i 5 LR-Oii �j A P -0 1 /2» IPF _ L14 S 88'06'02" E 185.32' E:2333075.36 �j _��/ / " �j < - L15 N 83'12'57' E 24.96' 16.8+ 10 P-o 3 K % 1 OAK 1 ,� _ N:1246493.8 8 ,0,�}t.%//,// L3 1 2" IPF o �� /2" IPF 1 /E:2333493.87 x 8 CA C2 + 22.9 - _7" T-OAK T I 1 /2" IPF , 1 /2" IPF � � � 22.6 -'� - LOT 84; SECT �- �26.6 14" W-OAK 16 LR-OAK 19.9+L20 _ + 20 4 ' 22.8 OLD CAPE COD 4 22.5 AT TIDEWATER PLANTATION 1/2" IRF + I LOT 83; SECT 4; OLD CAPE COD \ 27.0 AT TIDEWATER PLANTATION 22.2 22•7 TERHUNE DUSTIN ETAL N/F APPARENT N/F NORTHWAY JASON ERIC / 2 0 PID: R08214-007-066-000 CAROLINA POWER & LIGHT CO PROPERTY GAP I BK: 6334 PG. 468 PID: R08214-007-065-000 22.7 PID: R08200-001-013-001 BK: 2231 PG. 836 MAP: 37 PG. 83 BK: 892 PG. 86 MAP 37 PG. 83 SOUTHERN CHARM DRIVE Notes \ (PUBLIC R/W VARIES) THE SUBJECT PROPERTY "DOES NOT LIE WITHIN A SPECIAL FLOOD HAZARD I AREA AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. SAID - DESCRIBED PROPERTY IS LOCATED WITHIN AN AREA HAVING A ZONE DESIGNATION "X"(OTHER AREAS) BY THE FEDERAL EMERGENCY MANAGEMENT CERTIFICATE OF ACCURACY: I 1 I, F. WILLIAM FAIREY, IV, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION (THAT THE ADJOINING BOUNDARIES NOT SURVEYED ARE DRAWN FROM FROM INFORMATION IN THE BRUNSWICK COUNTY GIS. THE THE RATIO OF PRECISION IS 1:10,000; AND THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 18TH DAY OF OCTOBER A.D., 2022 F. WILLIAM FAIREY IV, N.C. LIC. # - L-4972 Reference(s) REFERENCE TO AN UNRECORDED ALTA/NSPS LAND TITLE SURVEY FOR ZAC, LLC BY MICHAEL UNDERWOOD AND ASSOCIATES, PA, DATED MARCH, 2022. AGENCY (FEMA), ON PANEL NO. 3132, FLOOD INSURANCE RATE MAP NO. 3720313200 K, WITH A EFFECTIVE DATE OF AUGUST 28, 2018, FOR COMMUNITY NO. 370168, IN THE COUNTY OF NEW HANOVER, STATE OF NORTH CAROLINA WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP FOR THE COMMUNITY IN WHICH SAID PREMISES IS SITUATED. �.o E N 0 N N O U _ Q 0000 - • �,I wz O� L O o c H Qr� Ln Q M 00 T p ZUm•O c0 ~ CL Ln NO ON 00 O ,n aa� 3 z r ^ O E v J U w \o�,�N =n Z= M SPARTINA p = _70 LAND SURVEYING - No. P-1616 OF z_ J Q U LLU = O U_ z 2O '� w V O O a a- _ OLU W I..L Q� O zI.-_ I- Oo m d J a w 0 LU LL File No.: Sheet No.: >w O Ln I I a1 U c a1 O U L Q cn U U aJ N O N N 0 N A tio a1 O Y z 00_,0 0 O '0 in o z d t� LL H z w a 00 0 � w rn m 0 N LL wCo Z Co Lr) Q U oC w z Q a r-I U N O LD co Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 47 zn IM Cape Fear Public Utility Authority Stewardship. Sustainability, Service, March 17, 2023 Kimley-Horn Attn: Alex Kimbrell Fort Mill, SC Re: Water & Sewer Availability Address: 6800 Carolina Beach Road, Wilmington, NC Parcel ID Number(s): R08200-001-026-000 To Whom It May Concern: This letter is to verify that Cape Fear Public Utility Authority (CFPUA) water and sewer would require a mainline extension to serve the above referenced property. At this time, capacity is available. Sewer capacity is allocated on a first come, first serve basis when capacity is available, the plans meet CFPUA's requirements, and the NCDWQ FTA/FTSE forms are signed by the Authority. If you have any further questions, please feel free to contact me. Sincerely, Bernice S. Johnson, Senior Project Manager Cape Fear Public Utility Authority Engineering Department Development Services Division 910-332-6620 235 Government Center Drive, Wilmington, NC 28403 t: 910-332-6560 f: 910-332-6353 www.cfpua.org Board of Commissioners - June 5, 2023 ITEM: 15- 7 - 48 WMPO March 29, 2023 Mr. Chase Smith, PE Ramey Kemp & Associates 5808 Faringdon Place, Suite 100 Raleigh, NC 27609 305 Chestnut 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 6800 Carolina Beach Road development in New Hanover County, NC. Dear Mr. Smith, The WMPO, NCDOT and New Hanover County staffs have reviewed the 6800 Carolina Beach Road TIA (sealed March 01, 2023) and based on the information provided and conversations held to date, it is our understanding that the proposed development has a build out year of 2024 and will consist of: ITE Land Use Code 220 Multi -family (low-rise) residential — 128 DU ITE Land Use Code 945 Convenience Store w/ Gas Station (6KSF) — 16 VFP The following improvements are required of the developer: US 421 (Carolina Beach Road) and SR 1492 (Myrtle Grove Road)/Site Access A (Signalized intersection) • Extend the existing northbound U-turn/left turn lane on US 427 to provide 200 feet of storage, appropriate full width deceleration, and appropriate taper. • Construct a southbound right turn lane on US 427 with 700 feet of storage, appropriate full width deceleration, and taper. • Restripe westbound "left turn only" lane on US 427 to a combined left/thru lane. • Construct the site access (eastbound approach) with an internal protected stem of 200 feet, measured from the right-of-way line, that provides one ingress lane and two egress lanes configured as an exclusive left turn lane and a shared thru-right lane • Provide a four (4)-section flashing yellow arrow signal head to the northbound U-turn/left turn lane. • Modify the signal plan to accommodate above improvements. US 421 (Carolina Beach Rd) and Crossover north of SR 1492 (Myrtle Grove Rd) (Unsignalized crossover) • No improvements are required. 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 • Towj3M&bil�?nNjggi®f W!�oc���Wrr avassa •County of Brunswick County of Pender • Cape Fear PublicTransportatjgEkp.ftriW_•l North Carolina Department of Transportation Approval with conditions of the 6800 Carolina Beach Rd development TIA (New Hanover County) US 421 (Carolina Beach Road) and Southern Charm Drive/Hill Valley Walk (Unsignalized crossover) • No improvements are required. US 421 (Carolina Beach Road) and Site Access B (Proposed stop -controlled right-in/right-out intersection) • Construct a southbound right turn lane on US 421 with full storage extending back to the intersection of US 421 and SR 1492 (Myrtle Grove Road). • Construct site access (eastbound approach) with on internal protected stem of 125 feet, measured from the right-of-way lure and one ingress and one egress lane configured as a right-in/right-out • Provide stop controls for eastbound approach. If changes are made to the proposed site driveways and/or land uses, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, 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) 343 — 3915 if you have any questions regarding this approval. Sincerely, amar Johnson, EI Engineering Associate Wilmington Urban Area MPO Ec: Ben Hughes, PE, District Engineer, NCDOT Jon Roan, Deputy District Engineer, NCDOT Frank W. Mike, Assistant District Engineer, NCDOT Jessi Leonard, PE, Division Traffic Engineer, NCDOT Stonewall Mathis, PE, Deputy Division Traffic Engineer, NCDOT Krupa Koilada, Senior Assistant Division Traffic Engineer, NCDOT Bryce Cox, Assistant Traffic Engineer, NCDOT Ken Vafier, Planning Manager, New Hanover County Robert Farrell, Senior Planner, New Hanover County Scott A. James, PE, Transportation Planning Engineer, WMPO Page 2 of 2 Board of Commissioners - June 5, 2023 ITEM: 15- 8 - 2 TRAFFIC IMPACT ANALYSIS 6800 CAROLINA BEACH ROAD DEVELOPMENT WILMINGTON, NORTH CAROLINA EXECUTIVE SUMMARY 1. Development Overview A Traffic Impact Analysis (TIA) was conducted for the proposed mixed -use development to be located at 6800 Carolina Beach Road in Wilmington, North Carolina. The proposed development, anticipated to be completed in 2024, is assumed to consist of a convenience store with 16 fueling positions and 128 multifamily units. Site access is proposed via one full movement driveway along Carolina Beach Road which will create a fourth leg with the Carolina Beach Road/Myrtle Grove Road intersection, and one right-in/right-out driveway along Carolina Beach Road, south of Myrtle Grove Road. The study analyzes traffic conditions during the weekday AM and PM peak hours for the following scenarios: • 2022 Existing Traffic Conditions • 2024 No -Build Traffic Conditions • 2024 Build Traffic Conditions 2. Existing Traffic Conditions The study area for the TIA was determined through coordination with the WMPO and consists of the following existing intersections: a US 421 (Carolina Beach Road) and SR 1492 (Myrtle Grove Road) a US 421 (Carolina Beach Road) and Southern Charm Drive/Hill Valley Walk a US 421 (Carolina Beach Road) and Median Crossover (north of SR 1492) Existing peak hour traffic volumes were determined based on traffic counts conducted at the study intersection listed above, November of 2022 during a typical weekday AM (7:00 AM - 9:00 AM) and PM (4:00 PM - 6:00 PM) peak periods while schools were in session. RAMEY KENWASSGiOMMcESrs - June 5, 2023 [C*SLAlk TOGETHER WE ARE LlOhT st 9 - 1 RAMEY KEMP ASSOCIATES 6800 Carolina Beach Road Development I E-2 3. Site Trip Generation Average weekday daily, AM peak hour, and PM peak hour trips for the proposed development were estimated using methodology contained within the ITE Trip Generation Manual, 11tn Edition. Table E-1 provides a summary of the trip generation potential for the site. Table E-1: Site TriD Generation Weekday Weekday Daily AM Peak PM Peak Land Use Intensity Traffic Hour Trips Hour Trips (ITE Code) (vpd) v h v h Enter Exit Enter Exit Multifamily Low -Rise 220 128 units 896 15 48 48 28 Convenience Store with Gas Station (6 KSF) 16 fueling 5,532 253 253 215 215 (945) positions Total Trips 6,428 268 301 263 243 Pass -By Trips (limited to 10 % of the adjacent street traffic volumes) -119 -119 -129 -129 Total Primary Trips 149 182 134 114 4. Future Traffic Conditions Through coordination with the WMPO, it was determined that an annual growth rate of 1.5% would be used to generate 2024 projected weekday AM and PM peak hour traffic volumes. Based on coordination with WMPO, it was determined there were no adjacent developments or future roadway improvements to consider with this study. 5. Capacity Analysis Summary The analysis considered weekday AM and PM peak hour traffic for 2022 existing, 2024 no -build, and 2024 build conditions. Refer to Section 7 of the TIA for the capacity analysis summary performed at each study intersection. 6. Recommendations Based on the findings of this study, specific geometric and traffic control improvements have been identified at study intersections. The improvements are summarized below and are illustrated in Figure E-1. RAMEY KE jIpAOMm"Eqrs - June 5, 2023 TOGETHER WE ARE Lll�ITTFL�S�S� 9 2 RAMEY KEMP ASSOCIATES 6800 Carolina Beach Road Development I E-3 Recommended Improvements by Developer US 421(Carolina Beach Road) and SR 1492 (Myrtle Grove Road)/Site Access A • Construct the Site Access A with two egress lanes (one left -turn lane and one shared through -right) and one ingress lane. • Restripe the westbound approach of Myrtle Grove Road to allow for a shared left/through lane. • Construct an exclusive southbound right -turn lane with at least 100 feet of storage and appropriate taper. • Modify signal and timings as needed. US 421 (Carolina Beach Road) and Site Access B • Construct Site Access B with one egress and one ingress lane restricted to allow right-in/right-out movements only. • Construct an exclusive southbound right -turn lane that maximizes storage length between Site Access B and the signalized intersection of US 421/Myrtle Grove Road. RAMEY KEFIPrA iEVrs - June 5, 2023 1C,6kA,1L TOGETHER WE ARE LlMITM 9 3 LEGEND O Unsignalized Intersection :0 Signalized Intersection Left -Over Intersection Existing Lane Improvement by Developer x' Storage (In Feet) �Ih 0 0 o �n 1 1 �J�,rry 1 Accessl 1 - L-------- 1 1 1 1 1 V- 1 1 SITE 1 Access) B ---------------/ 1 1 1 1 7 1 1 Southern Charm Drive Z Channelized -V 350' IT Ln o N Un c11 Un 4,11'If4 t 41�� Median Crossover Myrtle Grove Road Hill V Walk 6800 Carolina Beach Road Recommended Lane 3 1<)A Development 7 Configurations V RAMEY KEMP ASSOCIATES Wilmington, 1 C Scale: Not to Scale figure E- Board of Commissioners - June 5, 2023 ITEM: 15- 9 - 4 Concept Plan Board of Commissioners - June 5, 2023 ITEM: 15- 10 - 1 3 7 c 0 n a a) U O U a) in / a a) U c O U a) cn T E O 41 Q a) U C O U x w CD 0 I N 0 c 0 c E U a a) m O c O U O 0 00 c a) E O a) > a) 0 a) Z U U a) a E N Q Q / D_ I J 2 U Y N 0 c c 3 0 0 S 87'47'38" E POTENTIAL WETLAND LOCATION - FROM - -- ----- -- " - #1. 23" P ECS WETLAND DELINEATION REPORT 1 )'^ ��, ��� ---- - ----------------------------------------------------------- -- - 1 / - - - - - - - - - - ---- - ----------------- N/F/ ---------- CAPE FEAR COMMUNITY COLLEGE PID: R08200-001-034-001 1 BK: 5448 PG. 587 N 1 I ZONING: R-15 v 00 '; II I I � I SCM POND I I BUILDING B I r I i �\ - - - - - - - - - - - - - - Ln I -- - - - - - - - - - - - - J 1 I I I J ; I TREE REMOVAL LEGEND AND CAWLATIONS ** NOTE: THESE ARE PRELIMINARY PRESERVATION ESTIMATES AND ONLY INCLUDED TREES EQUAL TO OR GREATER THAN REGULATED BY CODE. TREE NUMBERS AND INFORMATION CORRESPONDS WITH THE TREE REPORT PREPARED BY JOSHUA TREE ON 1/18/2023. EXISTING REGULATED PINE TREES TO BE RETAINED (±7) EXISTING REGULATED HARDWOOD TREES TO BE RETAINED (±0) 0 EXISTING SIGNIFICANT TREES TO BE RETAINED (±17) 0 EXISTING REGULATED PINE TREES TO BE REMOVED FOR ESSENTIAL SITE IMPROVEMENTS (±10) EXISTING REGULATED HARDWOOD TREES TO BE REMOVED FOR ESSENTIAL SITE IMPROVEMENTS (±2) EXISTING SIGNIFICANT TREES TO BE REMOVED FOR ESSENTIAL SITE IMPROVEMENTS (±44) ±44 EXISTING SIGNIFICANT TREES TO BE REMOVED WITH ±905" TOTAL CALIPER X 2 = 1,810" TOTAL MITIGATION REQUIRED TREE PRESERVATION NOTES 1. TREE PRESERVATION / REMOVAL PERMIT IS REQUIRED PRIOR TO CLEARING AND LAND DISTURBANCE. 2. PRIOR TO ANY CLEARING, GRADING, OR CONSTRUCTION ACTIVITY, TREE PROTECTION FENCING WLL BE INSTALLED AROUND PROTECTED TREES, OR GROVES OF TREES AND NO CONSTRUCTION WORKERS, TOOLS, MATERIALS, OR VEHICLES ARE PERMITTED WITHIN THE TREE PROTECTION FENCE. 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. LABEL PROTECTIVE FENCING WITH SIGNS TO BE PLACED EVERY 50 LF, OR AT LEAST TWO (2) PER AREA, IN ENGLISH AND SPANISH "TREE PROTECTION AREA: DO NOT ENTER". i� jJ O U! N J :OLLEGE -000 L Z 0 �I L4 w LOT 83; SECT 4; OLD CAPE CO AT TIDEWATER PLANTATION N/F NORTHWAY JASON ERIC PID: R08214-007-065-000 BK: 2231 PG. 836 MAP 37 PG. 83 ZONING: R-15 1 I -I- I I I I I I #10. 21 " P BUILDING C S 7'31'42" E 455.25' BUILDING D #20. 20" P S 87'11'53" E 450.05' N/F LAND LEASE CAROLINA, LLC PID: R08200-001-055-000 BK: 6396 PG. 2612 ZONING: R-15 I I I I 1 I I N 89'20'39" E 547.18' N 0 N/F 0 S 89'00'47" E HATCHER BRANDY MAE ETAL 26.71' PID: R08200-001-027-000 BK: 6203 PG. 2637 1 ZONING: R-15 I I I APPROXIMATE CRITICAL ROOT ZONE (CRZ) FOR SPECIMEN TREE # 149 c I D � g�0 m � 1 S 89'21'16" E #147. 18" P S 89'56'Oq" #148. 32" P �" \ O J 207.�11 #144. 19" P •, I --- -- - - - - - , ,� #149. 51 LO G� - - - - - - - - - - - - - - - - - - - - - - - - - #145. 19" P. \ SAVE EXISTING SPECIMEN LIVE OAK' \\ - - - - - - - - - - - - - - - - --------, - -� #146. 24 LO I Z I I � I N N, o #89. 22" LO POTENTIAL TO REMAIN I I #61. 18" LO W N. #93. 25" CEDAR - DEPENDING ON AMENITY AREA I ( #92. 7" HOL DESIGN. REMOVAL INCLUDED IN `C y I { � TREE REMOVAL CALCULATIONS (TYP•) MULTIFAMILY AMENITY AREA #50. 22" P #58. 18" P = I I I ' 1 I � I I , I � 15' CCESS, EAS6MI BK: 19 #60. 8" M I ' I I � I I I iS I9 .66' I #23. 17" p 102'02'0 w I (� I �C Y #49. 16" P i I #22. 17" P #47. 18" P------------------------- I I I 0 #26. 13" P #202. 16" P I POTENTIAL TO REMAIN DEPENDING ON GRADING. REMOVAL INCLUDED IN TREE REMOVAL CALCULATIONS (TYP.) BUILDING F #29. 18" OAK S 88'48'06" E BUILDING E 441.17' #31. 25" LO #34. 20" P #35. 24" OAK #36. 24" OAK #106. 18" OAK #41. 18" OAK #111. 22' OAK #108. 18" OAK I S 88'48'37" E 433.29' " #42. 18 P #112. 18" OAK BUILDING G � 127. 30" P I #114. 25" P # I I I z I ' I 0 N It 11 #131. 22" OAK v, 1 #115. 18' OAK-H I I.. J 1 #133. 18"FTP I ' #116. 18" OAK 1 'I #201. 24" P #134. 26" OAK / REZONING OVERALL TREE CONCEPT 02/17/2023 (F'UbLIU N/W VANItJ) 1 ; N I i o I ; Ui I q ! -p� m 9 #91. 24" P- #94. 11 MAG 6; 1: ®`Lf--,***" #88. 23" SYC o I II #86. 42" LO o n 8 #78. 37" P #82. 13" HOLLY' U' C 0 E 6wiL.LP tl<7 N APPROXIMATE CRITICAL ROOT ZONE O = Z #63. 22" P ; •4 I (CRZ) FOR SPECIMEN TREE # 86/87 -0 = �T 1�, II0 T T #65. 25" P ( •' #84. 16" MAG C� o = #73. 20" LO #79. 18" LO 81. 14" MAG � # I #83. 23" LO -- • -)0 #71. 19" P o 0 C co #72. 18" LOB, J co #200. 7" D W rn I J #99. 22" P N 87'36'49" W J 183.63' N/F N/F JACOBS ALEXANDER E JR 6844 BAYAT LAND, LLC PID: R08200-001-019-000 PID: R08200-001-014-000 BK: 4886 PG. 1446 BK: 6024 PG. 1121 ZONING: R-15 ZONING: R-15 N/F HARRIS HOWARD E ETAL PID: R08200-001-020-000 BK: 1361 PG. 168 ZONING: R-15 S 00.20'20" W 36.34' I I ' i I i #129. I I I I 1 I #130. 26" LO I ' o (411 #137. 29" LO N/F HARRIS HOWARD E JR PID: R08200-001-017-000 SHEET 1 of 1 TBM NAIL IN PP ELEVATION: 27.33 (NAVD 1988) #101. 26" LO GRAPHIC SCALE IN FEET 0 25 50 100 NC LICENSE #F-0102 ©2023 200 SOUTH TRYON STREET, SUITE 200 CHARLOTTE, NORTH CAROLINA 28202 im PHONE 704-333-5131 PHIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC. Board of Commissioners - June 5, 2023 ITEM: 15- 11 -1 Public Comments In Support Neutral In Opposition Board of Commissioners - June 5, 2023 ITEM: 15- 12 - 1 Farrell, Robert From: Frank Stanton <fstanton77@gmail.com> Sent: Saturday, March 18, 2023 5:20 AM To: Farrell, Robert Subject: 6800 Carolina Beach Rd - Business and Multi -family residential ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Mr. Farrell, South of Monkey Junction along Carolina Beach Road my opinion is to keep the R15 zoning (8 families per acre) in place and not change the zoning to accommodate multi family rental facilities. I would also like to speak briefly at the March 30th 5 pm meeting at 3rd Street and Princess. Thank you for your time. Regards, Frank Stanton 7637 Vancouver Ct. Wilmington, NC 28412 910-465-1646 mobile fstanton77@gmail.com fstanton@icloud.com PLEASE NOTE: This communication, including any documents, files or previous e-mail messages attached to it, may include information that is privileged, confidential and/or exempt from disclosure. If you are not the intended recipient, please note that any dissemination, distribution, copying or use of this communication, or any of the information contained in or attached to it, is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by immediately replying to this message or notifying the sender by telephone and then delete this communication and its attachments from your system without reading or saving in any manner. Thank you. Board of Commissioners - June 5, 2023 ITEM: 15- 12 - 2 Farrell, Robert From: noreply@civicpIus.com Sent: Sunday, April 23, 2023 8:31 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2919 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 Heather Last Name Listebarger Address 6934 Ontario Rd City Wilmington State NC Zip Code 28412 Email Field not completed. Projects available for PB Meeting - Z23-09 - Multi Family Development (6800 comment. Carolina Beach Road) What is the nature of your Oppose project comment? Public Comment We do not have the infrastructure to support this additional housing. Our roads are already well over crowded, as well as our schools. The green space in our county is becoming almost nonexistent. A prime example is the Riverlights development. The land was completely clear cut to house thousands. Upload supporting files Board of Commissioners - June 5, 2023 ITEM: 15- 12 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/5/2023 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, Planning& Land Use Current Planner CONTACT(S): Amy Doss, Robert Farrell, Planning & Land Senior Planner; Rebekah Roth, Planning & Land Use Director SU BJ ECT: QUASI-JUDICIAL HEARING Special Use Permit Request (S23-02) - Request by Lynda Kachman with Rising Stars of North Carolina, LLC, applicant, on behalf of Sandfiddler Properties, LLC, property owner, for the use of Child Care Center at the approximately 0.82-acre parcel located at 320 Van Dyke Drive, zoned 1-1, Light Industrial. BRIEF SUMMARY: The applicant is requesting a special use permit for a licensed child care center in an existing building on an approximately 0.82-acre parcel located at the intersection of Van Dyke Drive and Amsterdam Way. The property is currently zoned 1-1 with an existing commercial structure that will be converted for the proposed use. The proposed child care center would accommodate up to 60 children ages 0-12 years. The only modification to the site would be an exterior fence for child safety. This facility would serve as an expansion of the child care facility at 6743 Amsterdam Way. The NC State DCDEE Consultant has viewed the existing building and recommended it to be suitable for child care needs. Within the existing 1-1 district, the Unified Development Ordinance requires a special use permit approved by the Board of Commissioners to allow a Child Care Center. Full access to the site is currently and will remain from Van Dyke Drive, an NCDOT maintained minor arterial road. As currently zoned, it is estimated the site would generate about 8 AM and 10 PM trips during the peak hours. The proposed use would result in an estimated 47 AM and 47 PM trips, increasing the estimated number of peak hour trips by approximately 39 AM and 37 PM peak hour trips. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (TIA). The 2016 Comprehensive Land Use Plan classifies the subject property as Employment Center. The intent of this place type focuses on employment and production, with predominantly office and light industrial uses. It can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Types of uses encouraged include commercial uses designed to serve the needs of the employment center are appropriate. The Planning Board holds a preliminary forum for Special Use Permits. The purpose of the preliminary forum is for the Planning Board, public, and applicant to discuss and consider the request before it moves to the Board of Commissioners for a quasi-judicial hearing. The preliminary forum is not a public hearing, and the Planning Board does not make a recommendation on special use permit requests. Board of Commissioners - June 5, 2023 ITEM: 16 There are four principal findings of fact the Board of Commissioners must answer when considering a Special Use Permit request: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. STRATEGIC PLAN ALIGNMENT: • 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: Example Motion for Approval: Motion to approve, as the board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any findings of fact related to the four required conclusions. [OPTIONAL] Note any added conditions required for the proposal to meet the conclusions of law. [List Conditions] Suggested Condition: Conditions may be added to a Special Use Permit with the consent of the applicant. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the applicant does not meet and include reasons why it is not being met] ATTACHMENTS: S23-02 BOC Script S23-02 BOC Staff Report S23-02 Zoning Map Board of Commissioners - June 5, 2023 ITEM: 16 S23-02 Future Land Use Map S23-02 Mailout Map Application Materials Coker Sheet S23-02 Application Materials S23-02 Concept Plan Coker Sheet S23-02 Concept Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 5, 2023 ITEM: 16 SCRIPT for SPECIAL USE PERMIT Application (S23-02) Request by Lynda Kachman with Rising Stars of North Carolina, LLC, applicant, on behalf of Sandfiddler Properties, LLC, property owner, for the use of Child Care Center at the approximately 0.82-acre parcel located at 320 Van Dyke Drive, zoned 1-1, Light Industrial. 1. This is a quasi-judicial hearing. Before the hearing is opened, the Deputy County Attorney will provide an overview of the hearing procedures. 2. Deputy County Attorney Overview 3. Because the Special Use Permit process requires a quasi-judicial hearing, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you. 4. We will first 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. 5. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination/rebuttal (up to 5 minutes) e. Opponent's cross examination/rebuttal (up to 5 minutes) b. Close the hearing 7. Board discussion 8. Ask Applicant whether he/she agrees with staff findings. 9. Vote on the Special Use Permit application. Example Motion for Approval: 13 Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions. Subject to the following conditions agreed to by the applicant: Example Motion for Denial: Motion to deny the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): b. That the use meets all required condition and specifications (for the following reason(s)): c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): STAFF REPORT FOR S23-02 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S23-02 Request: Special Use Permit for a Child Care Center Applicant: Property Owner(s): Lynda Kachman on behalf of Rising Stars of Sandfiddler Properties, LLC North Carolina, LLC Location: Acreage: 320 Van Dyke Drive 0.82 PID(s): Comp Plan Place Type: R07600-002-01 1-000, R07600-002-01 1-001, Employment Center R07600-002-01 1-002, R07600-002-01 2-000 Existing Land Use: Proposed Land Use: Vacant Office Building Child Care Center Current Zoning: 1-1 Light Industrial SURROUNDING AREA LAND USE ZONING North Commercial I-1 East Commercial I-1 South Cell Tower 1-1 West Commercial 1-1 S23-02 Staff Report BOC 6.5.2023 Page 1 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 1 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8A) 1979 Rezoned to 1-1 COMMUNITY SERVICES Water/Sewer Water and Sewer is available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Blair Elementary, Trask Middle, and New Hanover High Schools Recreation Parkwood Park, Kings Grant Park, and Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The County's Conservation Resources Map indicates the site to have no conservation resources. Historic No known historic resources Archaeological No known archaeological resources S23-02 Staff Report BOC 6.5.2023 Page 2 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 2 EXISTING CONDITIONS AND PROPOSED SITE PLAN Site Plan for Proposed Multi -Family Development • The applicant is requesting a special use permit for a childcare center for up to 60 children 0-1 2 years old. • The subject site is located on approximately 0.82 acres located on Van Dyke Drive, in the Dutch Square Industrial Park. • The property is currently zoned 1-1 with an existing commercial structure that will be converted for the proposed use. • The only modification to the site would be an exterior fence for child safety. • The site plan shows the existing location of the building, driveway, parking area, and area to be fenced for children. The existing building will be converted for the childcare use. • Site access is proposed through a full access driveway from Van Dyke Drive. ZONING CONSIDERATIONS • The R-15 zoning district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. • In 1979, the parcel was rezoned to 1-1 to allow for the development of an industrial complex. • Section 4.2.1 of the UDO allows for a childcare center within the 1-1 zoning district, with a Special Use Permit. S23-02 Staff Report BOC 6.5.2023 Page 3 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 3 • This facility would serve as an expansion of the child care facility at 6743 Amsterdam Way and subject to a state operating license. According to the applicant, the NC State Division of Child Development and Early Education Consultant has viewed the existing building and recommended it to be suitable for child care needs. • The Unified Development Ordinance requires a special use permit approved by the Board of Commissioners to allow for the use of Child Care Center. • 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. AREA DEVELOPMENT �1l �ll1f ~� ~� � �r41r ��q � `i` •�%* �iili �Vi y `C����i�+♦,iQ p� ■ ilr 1111�� �i� ; a���I ♦ ��. ►� FA FA II♦ #rani p♦ ' �� ■� �. �r�.� of •aVigrr► �►� ����rl� �� ��::`:= ��I11►��T�' �� =� ���� AN w1 rrr Ifs � � ♦ � G *� �:�� rr�a• + +� +�•� i 1 rr11� �1 • �':*►++i��ii� strG !� +..rry.■...���� •• fir.. ��r , • ■ram � • - �`'` uip••,+•� ,'•yid ��1 /1 � �� � �•♦��i ♦ 7i `�► S23-02 Staff Report BOC 6.5.2023 Page 4 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 4 TRANSPORTATION Site Access o v I 46.N OS 0 0 `qd 0 hQ� elaa� OQ 0 w9, 4 Primary Access: �sQ Van Dyke Drive 4 m 0 0 0 00 0 0 0 CURRENT CONDITIONS Intensity of Current Zoning 4100 SF vacant office space PROPOSED ACCESS Primary Access Van Dyke Drive via a full access driveway. Secondary Access I N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Van Dyke Drive Amsterdam Way, Old Dairy Road, Windmill Way Type of Roadway NCDOT Minor Arterial Road NCDOT Minor Arterial Roads Roadway Planning Capacity (AADT) 4,000 10,979 (each) Latest Traffic Volume (AADT) Not available Not available Latest WMPO Point -in -Time County (DT) Not available Not available Current Level of Congestion Unknown Unknown S23-02 Staff Report BOC 6.5.2023 Page 5 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 5 NEARBY NCDOT STIP ROADWAY PROJECTS - NCDOT is considering 3 possible alternatives to U-4902C — US 74 (Martin Luther King safely modify the intersection Jr. Parkway)/ US 17 Business (Market - Alternative 1: Single Point Urban Interchange Street) intersection modification - Alternative 2: At -Grade Quadrant Intersection - Alternative 3: Grade Separated Quadrant Intersection) - Begins Summer 2024 U-6202 — Gordon Road - Widen Gordon Road for 2.5 miles from 1-40 to Market Street - Completion date Summer 2023 U4715 — Military Cutoff Extension - Extending Military Cutoff Road in Wilmington from Market Street (U.S. 17 Business) to NC 140, formerly known as the Wilmington Bypass TRAFFIC GENERATION Traffic Traffic Generated Potential Generated by by Proposed Impact of Present Designation Proposed Designation Designation AM Peak Hour Trips 8 47 +39 PM Peak Hour Trips 10 47 +37 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 NCDOT minor arterial road, the capacity of which is unknown. Several 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 proposed project's peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis. ENVIRONMENTAL • The subject property is not within any Special Flood Hazard Areas. • The property is not within a Natural Heritage Area. • The subject property is located within the Smith Creek Watershed. The New Hanover County Conservation Resources Map indicate no wetlands are present on the site. S23-02 Staff Report BOC 6.5.2023 Page 6 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 6 • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) soils however the proposed child care center will not require a septic system as CFPUA water and sewer are available. OTHER CONSIDERATIONS Context and Compatibility • The applicant will be utilizing a vacant building and fencing a side portion of the site, providing a safe outdoor space for children. • The NC State DCDEE Consultant has viewed the existing building and recommended it to be suitable for childcare needs. • Other uses in the vicinity consist of auto body repair shops, retail stores, offices, indoor recreation facilities, and additional commercial services. • The site is located in close proximity to several other day care centers and will serve as an extension of an existing childcare center located at 6743 Amsterdam Way. • A number of employers are located in the vicinity, and according to the applicant, there is currently a waitlist for the existing childcare facility at 6743 Amsterdam Way. 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE 0 o 0 _ a EMPLOYMENT CENTER GENERAL RESIDENTIAL O (� S23-oz — - - -- - O �,OO Nc=t%Iia ver C.oLnity, NC Future Land Use Map Place Type Employment Center Serves as an employment and production hub where office and light Place Type industrial uses predominate. It can also include residential, civic, and Description recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. S23-02 Staff Report BOC 6.5.2023 Page 7 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 7 The intent of the Employment Center place type is to serve as an employment and production hub where office and light industrial uses predominate. It can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Analysis The Employment Center place type recommends office, industrial, single-family and multi -family residential, commercial / retail, and recreation as appropriate uses for the place type. The proposed project places child care services within the industrial park and in close proximity to other businesses and commercial services along the Market Street corridor and nearby residential uses. Further, this type of use would assist in meeting the demand for child care services in close proximity to employment opportunities, namely the employers within the industrial park. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer infrastructure and capacity are available to serve the site. B. The subject property is located in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by a full access driveway to Van Dyke Drive. D. The subject site does not host any known cultural or archaeological resources. E. The National Wetlands Inventory and the New Hanover County Conservation Resources Map indicate that no wetlands are present on the site. F. The proposed use will generate an estimated additional 39AM/37PM peak hour trips resulting in a minimal increase in traffic. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. A Child Care Center is allowed by Special Use Permit in the 1-1, Light Industrial zoning district provided that the project meets the standards of Section 3.4.10 of the Unified Development Ordinance. S23-02 Staff Report BOC 6.5.2023 Page 8 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 8 B. The existing structure is in full compliance with the dimensional standards of Section 3.4.1 O.D for 1-1. Front and side street setbacks of 50' have been met by the existing structure. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed child care center is located in close proximity to several existing child care centers within the industrial park. B. The land use in the immediate vicinity of the subject site is commercial, office, and light industrial. C. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site currently has a vacant office building. B. The site is bounded by light industrial zoned property. C. Land uses in the immediate vicinity of the subject site are office space, commercial, child care centers, animal boarding services, and indoor recreation. D. The Comprehensive Plan classifies the property as Employment Center which focuses on the development of a mix of office and light industrial uses. Types of uses encouraged include office, retail, commercial, recreational, civic, and those that support the needs of the employment center. Employment Center place types are generally applied in areas like this that are intended to serve as employment and production hubs where office and light industrial uses are easily available with services that support them. Located in close proximity to employers, the proposed child care facility is a commercial use designed to serve the needs of the employment center. According to the applicant, the center has an extensive waitlist for children needing care. I EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions [OPTIONAL] Note any conditions be added to the development: [List Conditions] Conditions may be added to a Special Use Permit with the consent of the applicant. S23-02 Staff Report BOC 6.5.2023 Page 9 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 9 Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] S23-02 Staff Report BOC 6.5.2023 Page 10 of 10 Board of Commissioners - June 5, 2023 ITEM: 16- 2 - 10 Case: Site Address: ExistingZoning/Use: onin Use: Proposed Zoning/Use: N S23-02 320 Van Dyke Drive 1-1 Childcare Center 'Incorporated_Areas ZONING 0 6-2 O I-1 I-2 0 R-10 0 CITY \ 0 Cases selection and of C mmissioners -June 5, s ITEM: 16- 3 1 Subjeclim G .J O O O O O O O O O O O O0 250 500 US Feet I i I i I Case: Site Address: ExistingZoning/Use: onin Use: Proposed Zoning/Use: N S23-02 320 Van Dyke Drive 1-1 Childcare Center 0 ° a O O O e o O 0 e o 0 0 0 Subject Site 0 e a 0 a O O Incorporated_Areas O O Future Land Use O O EMPLOYMENT CENTER GENERAL RESIDENTIAL O CEH) Cases selection O Board of mmissioners - June 5, 20 0 250 500 US Feet \ � ITEM: 16- 4 1 1 1 1 1 1 Case: Site Address: S23-02 320 Van Dyke Drive Q ExistingZoning/Use: onin Use: Proposed Zoning/Use: N 1-1 Childcare Center 660 • 6423 • \ 6501 • 6603 • 6 • 6428 \315 ��CO', 28420 •6424• • 6424 4% 6428 0`6428 6418 6420\ 6420) 6424 18,%'6418 6420 6420� • • '�' 6420 �641816418 6420` 6420 • 6420 6418 \ 6427 • 6427 0\6427 • \ • 6427 64� 64 • ❑ Neighboring Parcels (500 feet) Boar of Co misslon - IT �/� 6700 6704 • • 6702 , 6625fi ti k 0 250 500 US Feet I i I i I APPLICANT MATERIALS Board of Commissioners - June 5, 2023 ITEM: 16- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted tnrougn the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Lynda Kachman Company Rising Stars of North Carolina, LLC Address 9402 Stantonsburg Road Owner Name (if different from Applicant/ Agent) Sandfiddler Properties, LLC Company/Owner Name 2 Address 2524 Independence Blvd. City, State, Zip City, State, Zip Walsotnburg, NC 27888 Wilmington, NC 28412 Phone Phone 910-384-2770 910-262-4407 Email Email Risingstarsofnc@gmail.com jack@mwmrealestate.com Page 1 of 8 Board of Commissioners -June 5Sal Use PermitApplication -Updated ITEM: 16- 7 - 1 2. Subject Property Information Address/Location Parcel Identification Number(s) 320 Van Dyke Drive R04315-004-008-000 Total Parcel(s) Acreage Existin Zonin and Use(s) Future Land Use Classification 0.82 acresCOUNTY: 3. Proposed Zoning, Use(s), Et Narrative Please list the proposed use of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). Use of the building would be Licensed Childcare Center for up to 60 children ages 0-12 years. This would be an expansion overflow location to my current facility at 6743 Amsterdam Way. We currently have over 500 on our waitlist. This expansion would help in the childcare demand that is needed in our area. NC State DCDEE Consultant has viewed building and recommended it to be suitable for childcare needs. 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. Adding a fence for children safety outside is needed. Page 2 of 8 Board of Commissioners -June 5S aI Use PermitApplication-Updated ITEM: 16- 7 - 2 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Not Applicable (less than 100 peak hour trips) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: 7am-8:30am PM Peak Hour Trips: 4:30pm-5:30pm 6. Criteria Required for Approval of a Special Use Permit Ause designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; Traffic generated is in keeping with surrounding business park uses. • Provision ofservices and utilities, including sewer, water, electrical, garbage collections, fire protection; All services currently available to Property and do not constitute an undue strain. • Soil erosion and sedimentation; No Effect • Protection of public, community, orprivate watersupplies, including possible adverse effects on surface waters or groundwater; or No Effect • Anticipated air discharges, including possible adverse effects on air quality. No Effect Page 3 of 8 Board of Commissioners -June 5, al Use Permit Application —Updated ITEM: 16- 7 - 3 2. The use meets all required conditions and specifications of the Unified Development Ordinance. Nothing to add here, except that there is a tremendous shortage of qualified child care facilities in the area. We have over 500 children currently on our waiting list. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). There are already child care facilities in the park, including mine. • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justifyitregardless of itsimpacton the value ofadjoining property. Please see my comments in number 2 above. Page 4 of 8 Board of Commissioners - June 5SFOgMal Use Permit Application -Updated ITEM: 16- 7 - 4 The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.. There will be no exterior structural change to the current building facade or site plan. The fenced in area is hidden from all roads, making it nicer for the children too. • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. Please see my comments in number 2 above. Page 5 of 8 Board of Commissioners - June 5Spd�oal Use Permit Application —Updated ITEM: 16- 7 - 5 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 forfurther review; Staff will confirm if an application is complete within five business days of submittal. Applicant Application Checklist Init� ❑ This application form, completed and signed ❑ Application fee: • $500; $250 if application pertains to a residential use (i.e., mobile home, duplex, family child care home). ❑ Traffic Impact Analysis (if applicable) • The official TlAapproval letteris recommended priortothis item being placed on the Planning Board meeting agenda. • The official TlAapproval letteris required priortothis item being placed on the Board of Commissioners meeting agenda. N/A ❑ Conceptual Site Plan including the following minimum elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. o For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Proposed transportation and parking improvements; including proposed rights -of- way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffering. • The location of Special Flood Hazard Areas. • The approximate location of regulated wetlands. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. • Any other information thatwill facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use ❑ One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. ❑ One (1) digital PDF copy of ALL documents AND plans ❑ For wireless support structures or substantial modifications, the elements listed on the attached checklist Page 6 of 8 Board of Commissioners - June 5,Sal Use PermitApplication —Updated ITEM: 16- 7 - 6 Page 7 of 8 Board of Commissioners - June 5SM'al Use Permit Application —Updated ITEM: 16- 7 - 7 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permitforwhich I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application isaccuratetothebestofmy 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. of Propexty Owner(s) V.r ----- ature of Applicant/Agent Print Name(s) ' C'\ In Name Note: This form must be signed by the owner(s) of record. Ifthere are multiple property owners, a signature is required for each owner of record. The landowner or their attorney must be present for the application at the preliminary forum and public hearing. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 8 of 8 Board of Commissioners - June 5Sj�jnal Use Permit Application —Updated ITEM: 16- 7 - 8 0 LIMITED LIABILITY COMPANY ANNUAL REPORT 1/s/zozz NAME OF LIMITED LIABILITY COMPANY: Rising Stars of North Carolina, LLC SECRETARY OF STATE ID NUMBER: 1556074 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: 9099 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Kachman, Lynda S 2. SIGNATURE OF THE NEW REGISTERED AGENT: Filing Office Use Only E - Filed Annual Report 1556074 CA202208905536 3/30/2022 12:03 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 9402 Stantonsburg Road Walstonburq, NC 27888 Pitt Countv PO BOX 207 Farmville, NC 27828 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Childcare Business 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 384-2770 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS 6743 Amsterdam Way PO Box 207 Wilmington, NC 28405 Farmville, NC 27828 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: Lynda Kachman TITLE: Managing Member ADDRESS: PO Box 207 Farmville, NC 27828 NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Lynda Kachman 3/30/2022 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. Lynda Kachman Managing Member Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh NC 27626-0525 Board of Commissioners - June 5, 2023 ITEM: 16- 7 - 9 f{�� CJ � r,` `� LIMITED LIABILITY COMPANY ANNUAL REPORT U6/2022 NAME OF LIMITED LIABILITY COMPANY: SANDFIDDLER PROPERTIES, LLC Filing Office Use Only SECRETARY OF STATE ID NUMBER: 0438570 STATE OF FORMATION: NC E - Filed Annual Report 0438570 REPORT FOR THE CALENDAR YEAR: 2022 CA202210501172 4/15/2022 08:30 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1. NAME OF REGISTERED AGENT: KILBOURNE, JOHN D 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 2524 Independence Blvd 2524 Independence Blvd Wilmington, NC 28412 New Hanover County Wilmington, NC 28412 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate OwnershiD & Develooment 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 791-0400 4. PRINCIPAL OFFICE STREET ADDRESS 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 2524 Independence Blvd 2524 Independence Blvd Wilmington, NC 28412 Wilmington, NC 28412 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: John Dixon Kilbourne NAME: Lorraine S Kilbourne NAME: TITLE: Managing Member TITLE: Managing Member TITLE: ADDRESS: ADDRESS: ADDRESS: 2524 Independence Blvd. 2524 Independence Blvd. Wilmington, NC 28412 Wilmington, NC 28412 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. John Dixon Kilbourne 4/15/2022 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. John Dixon Kilbourne Managing Member Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registratio Divisio, Pot Office Box 29525, Ra eigh, INC C 76 -0525 �n oard of Commissioners - une 5, 0 3 ITEM: 16- 7 - 10 Concept Plan Board of Commissioners - June 5, 2023 ITEM: 16- 8 - 1 320 Van Dyke —Premises 14C UY MAP NO SCALE' LOT 2 W* ACRE I EL ., .......... 0 a FENCED AREI OUTSIDE2REMISES \t T-- - - - - .:.� -J. Board of Commissioners - June 5, 2023 ITEM: 16- 9 - 1 aF cor r 6' high Galvanized PER WR 47 P& III Chain Link Fence �.`-eseem an-w rel.o2• --7 1114YZi c ,E 88 02 irE PER 1 Ur PAGE �I 70 _ BASE POWT WA K& �j OFBOT7 MGUY ww G x x 35, LOT AT ANCHOR K 0.83t ACRE 4o� %�ea►� 36, 388E Sq. Ft. HvIAc x UNIS_ J I �� Pedestrian G. 11 / ! ! iAll k txrErE I •' M e1 a 4' X X FENCE EAgUENT w Fpw CIF LOT I - � i PER M.a 477 PG !rr ��' 0. h HV AC ow STORY BUUM UMr I s pfWIN BRICK FACE i Board of Commissioners - June 5, 2023 ITEM: 16- 9 - 2