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Agenda 2023 12 -11NEW 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 DECEMBER 11, 2023 4:00 PM LOCATION (NHC Historic Courthouse, 24 North 3rd Street, Room 301) MEETI NG CALLED TO ORDER (Chair Bill Rivenbark) I NVOCATI ON (Pastor Gayle Tabor, SALT I nclusive Methodist Community) PLEDGE OF ALLEGIANCE (Commissioner Rob Zapple) ELECTION OF CHAI R AND VICE -CHAT R (Jordan Smith, County Attorney, Presiding) fl.F'.TW_AV,4 APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Budget Amendments 3. Approval of Legion Stadium Turf Replacement 4. Adoption of Revision to the Board Resolution to Direct the Expenditure of Opioid Settlement Funds 5. Adoption of Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statute Chapter 160A-Article 12 6. Approval of New Hanover County Monthly Collection Report for October 2023 7. Adoption of Public Officials Bond Resolution 8. First Reading: Approval of Solid Waste Franchise for Luuver LLC DBA MobileDumps 9. Adoption of Resolution to Join the American Flood Coalition ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 10. Recognition of Bill Vassar for his Service to the Community and the Film I ndustry 5 11. Consideration Approval of Amendments to the Local Emergency Planning Committee Bylaws Board of Commissioners - December 11, 2023 10 12. Consideration of Holly Shelter Industrial Park Master Plan, Design, and Construction of Phase I and Budget Amendment 24-025 15 13. Mental Health and Substance Use Disorder Strategy Update 45 14. Public Hearing Rezoning Request (Z23-19) — Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 7.95 acres zoned (CZD) R-10, Residential and R-20, Residential located at 1728 Rockhill Road to (CZD) R-10, Residential for a maximum 24 dwelling units. 45 15. Public Hearing Rezoning Request (Z23-20) — Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.20 acres zoned (CZD) O&I, Office & Institutional located at 2117 Castle Hayne Road to (CZD) B-2, Regional Business for a maximum 18,000 square foot flex commercial business space with limited uses. 45 16. Public Hearing Rezoning Request (Z23-21) — Request by Ronald Carlock with Cl P Construction Company, applicant, to rezone approximately 33.54 acres zoned R-15, Residential, B-2, Highway Commercial, and 1-1, Light I ndustrial located at 8138 Market Street to (CZD) RMF-M, Residential Multi -Family Moderate High Density for a maximum 348 single family attached dwelling units. 17. Committee Appointments PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 5 18. Additional Items: Cape Fear Memorial Bridge Maintenance Update, Steve Still, NHC Emergency Management Director County Manager County Commissioners Clerk to the Board County Attorney 19. 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 - December 11, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Regular Meeting held on November 20, 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 approve minutes. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Consent DEPARTMENT: Budget PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle and Michelle Daniels, Budget Officer SU BJ ECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the budget ordinance for the fiscal year ending J une 30, 2024: 24-026 - Social Services - Awarded additional SNAP-ARPA funds for federal fiscal year 23-24. These funds are to support the local county department of social services' effort in administering programmed services due to workload increases that counties have been experiencing because of increased food insecurity. $33,722 24-029 - Social Services - Received a donation from Bobby Jean's Kids. These funds are utilized to assist in bolstering the wellbeing of foster children, so they can have more "normalizing" life experiences, like children not in foster care. Bobby Jean's Kids' funding helps dozens of foster children in a variety of ways for things the child welfare system does not typically fund because dollars are limited to meeting basic needs. $5,000 24-035 - Parks & Gardens - Transfers funds from the Trails End pier replacement design (CIP fund) to the Long Leaf Park pedestrian bridge replacement design (General Fund). $16,000 24-036 - Fire Rescue - Accepts grant funds (first year amount only) from the NC Department of Public Safety for The U rban Search and Rescue Task Force expenses for training, equipment and administrative costs. $94,000 24-037 - HHS-Public Health - Reduces Healthy Opportunities unrealized capacity building funding and associated Medicaid revenues and expenses. $418,484 24-038 - HHS-Public Health - Funds awarded by the NC Division of Public Health to provide environmental health professionals the tools to identify and control mosquitos especially during post storm. $300,000 24-039 - Sheriff - Budgets insurance proceeds for three wrecked vehicles: two 2021 Dodge Chargers and a 2019 Ford F- 350. $108,108 24-040 - Sheriff - Budgets FY23 Justice Assistance Grant to purchase three security cameras for county parks. $13,552 24-041 - Sheriff - Budgets scrap metal proceeds from the shooting range. $1,013 24-043 - Sheriff - Budgets overtime reimbursement from the FBI Task Force. $12,466 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - December 11, 2023 ITEM: 2 • 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: 24-026, 24-029 24-035 24-036 24-037, 24-038 24-039, 24-041, 24-043 24-040 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 2 AGENDA: December 11, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 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, 2024. Section 1: Details of Budget Amendment Strategic Focus Area: Community Safety and Well Being Strategic Objective(s): Effectively and Efficiently respond to public health and safety demands. Fund: General Department: Health & Human Services - Social Services Expenditure: Decrease Increase Total BA 24-026 SNAP-ARPA $ - $ 33,722 $ 33,722 BA 24-029 Bobby Jean's Kids $ - $ 5,000 $ 5,000 Total I $ I $ 38,722 $ 38,722 Revenue: Decrease Increase I Total BA 24-026 SNAP-ARPA $ $ 33,722 11 $ 33,722 BA 24-029 Bobby Jean's Kids $ $ 5,000 $ 5,000 Total $ $ 38,722 $ 38,722 Prior to Total if Actions Taken Actions Toda Departmental Budget $ 44,915,136 $ 44,953,858 Section 2: Explanation BA 24-026 Social Services was awarded additional Supplemental Nutrition Assistance Program -American Rescue Plan Act (SNAP-ARPA) funds for Federal Fiscal Year 2023-2024. These funds are to support the local county departments of social services' efforts in administering programmatic services due to workload increases that counties have been experiencing because of increased food insecurity. In addition, these funds can also be used to support other administrative needs for the efficiency of operations to improve service delivery and access to vulnerable populations that may be disproportionally impacted by various environmental factors. Counties automatically received these funds during the monthly state reimbursement process for the August service month completed in September 2023. This money cannot be used as direct revenue to counties but must be invested in the Food and Nutrition Services (FNS) program or needs identified to address operational and service delivery efficiencies. New Hanover County will be reinvesting these funds to address several areas such as infrastructure related to technology, equipment and other modernization efforts to improve service delivery to residents. There is no county match required. BA 24-029 Accepts a donation from Bobby Jean Harvey, a former Social Services employee, who created Bobby Jean's Kids in 2006 with a focused mission on service and trying to make a difference in a child's life. These funds are militzed to assist in bolstering the wellbeing of foster children to have more "normalizing" life experiences as children not in foster care. Bobby Jean's Kids' funding helps dozens of foster children in a variety of ways for things the child welfare system does not typically fund because dollars are limited to meeting basic needs. Bobby Jean's Kids' funding aides with assistance towards items such as: summer camp; school events (i.e., prom/homecoming tickets and clothing); school uniforms; after school care; computers; graduation (i.e., caps and gowns, announcements and class rings); appliances and furniture. There is no county match required. 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) 24-026 & 24-029 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 11 th day of December, 2023. (SEAL) Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 2 - 1 - 1 AGENDA: December 11, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 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, 2024. Section 1: Details of Budget Amendment Strategic Focus Area: Sustainable Land Use and Environmental Stewardship Strategic Objective(s): Promote the conumnity through activities that enhance life and connect people. Fund: General Department: Parks & Gardens Expenditure: Decrease Increase Total BA 24-035 Parks & Gardens $ - $ 16,000 $ 16,000 BA 24-035 Transfer to Capital Project Fund $ (16,000) $ - $ (16,000) Total $ (16,000)1 $ 16,00011 S - Prior to Actions Toda Departmental Budget $ 7 872 555 Fund: Capital Improvement Projects Department: Parks & Gardens Total if Actions Taken $ 7,888,555 Expenditure: Decrease I Increase 11 Total BA 24-035 Trails End Pier Design 1 $ (16,000) $ - $ (16,000) Total $ (16,000) $ - $ (16,000) Revenue: Decrease I Increase Total BA 24-035 Transfer in from General Fund $ (16,000) $ - $ (16,000) Total $ (16,000) $ - $ (16,000) Prior to Total if Actions Taken Actions Toda Trails End Pier Design Budget $ 115 000 $ 99,000 Section 2: Explanation BA 24-035 will transfer $16,000 from the Trails End pier replacement design to the Long Leaf Park pedestrian bridge replacement design. The adopted budget includes allocations for $115,000 for Trails End in the Capital Improvement Projects Fund and $40,000 for Long Leaf Park in the General Fund. However, the only firm that responded to the request for qualifications (RFQ) provided proposals to design Trails End for $86,000 and Long Leaf Park for $56,000. 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) 24-035 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 1 Ith day of December, 2023 (SEAL) Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 2 - 2 - 1 AGENDA: December 11, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 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, 2024. Section 1: Details of Budget Amendment Strategic Focus Area: Commmnity Safety and Well Being Strategic Objective(s): Effectively and Efficiently respond to public health and safety demands. Fund: Fire Rescue Department: Fire Rescue Expenditure: Decrease I Increase 11 Total BA 24-036 Fire Rescue $ - I $ 94,00011$ 94,000 Total $ - 1 $ 94,000 is 94,000 Revenue: Decrease Increase I Total BA 24-036 NC Dept of Public Safety Grant $ $ 94,000 $ 94,000 Total $ $ 94,0001 $ 94,000 Prior to Actions Toda Fire Rescue Budget $ 21,480,146 Total if Actions Taken $ 21,574,146 Section 2: Explanation BA 24-036 increases the Fire Rescue fund budget for a grant from the NC Department of Public Safety, Emergency Management. The state will reimburse the county actual costs associated with maintaining a Type III Urban Search and Rescue (USAR) Task Force up to $94,000 per year, for fiscal years 2024 to 2027, for a total of $376,000. Reimbursable expenses include training, equipment, and administrative costs associated with the USAR Task Force. The USAR Task Force is not a new program, however this is a new funding source to support USAR activities. There is no county match required. This budget amendment will only appropriate the first year of funding and subsequent years will be included in the recommended budget. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 24-036 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 1 Ith day of December, 2023. (SEAL) Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 2 - 3 - 1 AGENDA: December 11, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 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, 2024. Section 1: Details of Budget Amendment Strategic Focus Area: Community Safety and Well Being Strategic Objective(s): Effectively and Efficiently respond to public health and safety demands. Fund: General Department: Health & Human Services (HHS)/ Public Health Expenditure: Decrease Increase Total BA 24-037 Healthy Opportunities $ (418,484) $ - 1 $ (418,484) BA 24-038 Hurricane Preparedness Mosquito Co $ - $ 300,000 1 $ 300,000 Total $ (418,484) $ 300,000 1 $ (118,484) Revenue: Decrease Increase Total BA 24-037 Healthy Opportunities $ (418,484) $ - $ (418,484) BA 24-038 Hurricane Preparedness Mosquito Co $ - $ 300,000 $ 300,000 Total $ (418,484) $ 300,000 1 $ (118,484) Prior to Total if Actions Taken Actions Toda Departmental Budget $ 22,672,811 $ 22,554,327 Section 2: Explanation BA 24-037 reduces unrealized Healthy Opportunities capacity building funding along with the associated Medicaid revenues and expenses. The program has proven to be unsustainable without additional capacity funding and greater Medicaid reimbursement rates. This is year 3 of the Healthy Opportunities pilot which included Healthy Home Goods, Nutrition Education, and Fruit and Vegetable Prescription programs. Both Healthy Home Goods and Nutrition Education ended in May 2023. HHS continues to have a small amount of budget for the Fruit and Vegetable Prescription program and are waiting to see if this program will continue without greater Medicaid reimbursement rates. HHS will continue to serve current participants until the end of their authorization period. Healthy Opportunities programs are available within the community to ensure services to clients who qualify. BA 24-038 budgets funding awarded from the NC Department of Public Health to provide environmental health professionals the tools to identify and control mosquitos in their jurisdictions. This funding is provided for local health departments to repair or renovate old mosquito control equipment, purchase new equipment, and to create a method to track mosquito populations as they emerge in the weeks following a large storm. No new positions are requested for this program and no countv match is reauired. 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) 24-037 & 24-038 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 1 Ith day of December, 2023. (SEAL) Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 2 - 4 - 1 AGENDA: December 11, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 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, 2024. Section 1: Details of Budget Amendment Strategic Focus Area: Comimunity Safety and Well Being Strategic Objective(s): Effectively and Efficiently respond to public health and safety demands. Fund: General Department: Sheriffs Office Expenditure: Decrease Increase Total BA 24-039 Capital Outlay -Motor Vehicles $ - $ 108,108 $ 108,108 BA 24-041 Supplies $ - $ 1,013 $ 1,013 BA 24-043 Overtime $ - $ 12,466 $ 12,466 Total $ - 1 $ 121,587 1 $ 121,587 Revenue: Decrease Increase Total BA 24-039 Insurance Proceeds $ - $ 108,108 $ 108,108 BA 24-041 Misc Scrap Metal $ - $ 1,013 $ 1,013 BA 24-043 Misc Revenue $ - $ 12,466 $ 12,466 Total S - I $ 121,58711$ 121,587 Prior to Total if Actions Taken Actions Toda Departmental Budget $ 70,545,958 $ 70,667,545 Section 2: Explanation BA 24-039 budgets insurance proceeds for three wrecked vehicles; two 2021 Dodge Chargers and one 2019 Ford F-150. Funds will be used for replacement vehicles. BA 24-041 budgets scrap metal proceeds from the shooting range that will be used for supplies for the range. BA 24-043 budgets overtime reimbursement from the FBI Task Force during July, August and September, 2023. 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) 24-039, 24-041 & 24-043 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 1 Ith day of December, 2023. (SEAL) Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 2 - 5 - 1 AGENDA: December 11, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 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, 2024. Section 1: Details of Budget Amendment Strategic Focus Area: Community Safety and Well Being Strategic Objective(s): Effectively and Efficiently respond to public health and safety demands. Fund: Justice Assistance Grant Department: Sheriffs Office Expenditure: Decrease I Increase 11 Total BA 24-040 Supplies 1 $ I $ 13,552 $ 13,552 Total $ 1 $ 13,552 1 $ 13,552 Revenue: Decrease I Increase 11 Total BA 24-040 Bureau of Justice Assistance Grant $ I $ 13,552 $ 13,552 Total $ $ 13,552 $ 13,552 Prior to Total if Actions Taken Actions Toda Departmental Budget S $ 13,552 Section 2: Explanation BA 24-040 budgets a FY23 Justice Assistance Grant to purchase three security cameras to be installed in New Hanover County parks. There is no match required. 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) 24-040 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 1 Ith day of December, 2023. (SEAL) Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 2 - 6 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Consent DEPARTMENT: Budget PRESENTER(S): Ashley Sutton, NHCS Chief Financial Officer, Eddie Anderson, NHCS Assistant Superintendent, and Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle SU BJ ECT: Approval of Legion Stadium Turf Replacement BRIEF SUMMARY: During the October 26, 2023 meeting of the Legion Stadium Commission (LSC), members voted to request funding to replace the synthetic turf that was installed at Legion Stadium in 2011. Despite the field passing a safety inspection, the average lifespan of a synthetic turf field is 7-10 years and concerned parents have raised issues about the field's condition with LSC members. The LSC has received a quote of $690,000 to replace the turf and sew the New Hanover High School logo and the football field lines into the surface. The LSC is requesting that the City of Wilmington, the New Hanover County Schools (NHCS), and New Hanover County equally split the cost. To fund the NHCS portion, the NHCS Board of Education has approved the deferral of a capital project that was part of the county's allocated FY24 NHCS capital budget to replace three underground storage tanks at the Carolina Beach Road Complex. Bids received for this project came in significantly over -budget, and therefore this project became infeasible for FY24. Accordingly, this agenda item is to: 1. Approve a $230,000 transfer by NHCS from the underground storage tank removal project to fund the replacement of the turf at Legion Stadium. 2. Adopt budget amendment 24-044 to fund the county's portion of the turf replacement with greater than 21% fund balance that is classified as capital improvement plan. If approved, the new turf is expected to be installed in early 2024. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the N HCS capital transfer and adopt budget amendment 24-044. Board of Commissioners - December 11, 2023 ITEM: 3 ATTACHMENTS: NHCS Capital Outlay Fund Transfer Budget Amendment 24-044 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve and adopt requested actions. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 3 New Hanover County Schools Budget Amendment The New Hanover County Board of Education, at its meeting on December 5, 2023 passed the following resolution. Capital Outlay Fund Transfer Defer UST Replacement Project which was to replace 3 underground storage tanks at CBRC location. Recommend to transfer this budget in the amount of $230,000 to fund New Hanover County Schools portion of a new project for Legion Stadium field. Project Description Budget UST Replacement PH 2 $ (230,000.00) Legion Stadium Field 230,000.00 Be it resolved that the amendments be made to the budget resolution for the fiscal year ending June 30, 2024. Recommended by: Ashley Sutton, Chief Financial Officer Approved by: Chairman New Hanover County Board of Education Board of Commissioners - December 11, 2023 ITEM: 3 - 1 - 1 AGENDA: December 11, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 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, 2024. Section 1: Details of Budget Amendment Strategic Focus Area: Community Safety and Well Being Strategic Objective(s): Effectively and Efficiently respond to public health and safety demands. Fund: General Department: Education - Capital Expenditure: Decrease Increase 11 Total BA 24-044 Capital Contribution $ 230,000 $ 230,000 Total $ - $ 230,000 $ 230,000 Revenue: Decrease Increase I I Total BA 24-044 Appropriated Fund Balance $ 230,000 $ 230,000 Total $ - $ 230,000 $ 230,000 Prior to Total if Actions Taken Actions Today Education - Capital Contribution 1 $ 10,185,950 $ 10,415,950 Appropriated Fund Balance $ 27,829,612 $ 28,059,612 Section 2: Explanation BA 24-044 budgets funds for the replacement of the synthetic turf that was installed at Legion Stadium in 2011. The average lifespan of a synthetic turf field is 7-10 years. The field is showing signs of its age and members have received complaints and parents have expressed concerns. A quote has been received for $690,000 to replace the turf, to include the NHHS logo and have field lines sewn into the surfacing. This budget amendment represents one third of the total cost, with New Hanover County Schools and the City of Wilmington contributing equal shares. The replacement will occur in early 2024. 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) 24-044 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 1 Ith day of December, 2023. (SEAL) Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 3 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Consent DEPARTMENT: Strategy PRESENTER(S): Eliza Baldwin, Senior Strategy Analyst CONTACT(S): Jennifer Rigby, Chief Strategy Officer and Eliza Baldwin SU BJ ECT: Adoption of Revision to the Board Resolution to Direct the Expenditure of Opioid Settlement Funds BRIEF SUMMARY: New Hanover County is part of a national opioid settlement involving major pharmaceutical companies. Over the next 18 years, the county expects to receive a minimum of $33,860,455. The allocation of these funds is governed by a Memorandum of Agreement (MOA) with the state, as well as statutory budget requirements. On September 6, 2022, the Board of Commissioners approved a multi -year spending plan aligned with this funding strategy. On August 21, 2023, the Board of Commissioners adopted a resolution to ensure that opioid settlement funds are used in compliance with the North Carolina Department of Justice's guidelines, as outlined in the MOA and state budgetary requirements. Upon closer examination of the approved resolution, it became apparent that the funding strategy for the Drug Abuse Resistance Education (D.A.R.E) Program focused solely on staff training related to opioid remediation, as detailed in Exhibit B, Part Three, K.1. However, the D.A.R.E. Program's full scope includes training School Resource Officers (SROs) to teach the program and implementing it in schools for students, families, school staff, athletic programs, parent -teacher and student associations, and others. As a result, the program has been divided into two strategies: one to finance staff training (Exhibit B, Part Three, K.1.) and another to support the program's implementation in schools (Exhibit B, Part Two, G.8). This change necessitates an update to the resolution to reflect the revised funding strategies, while the core program itself remains unchanged. The resolution now also encompasses Wave 2 settlements and the Supplemental Agreement for Additional Funds (SAFF) from Additional Settlements of Opioid Litigation. Additionally, it includes a list of Providers who have been awarded contracts through a Request for Proposal (RFP) process. The fundamental strategy remains consistent with the board's previous approval, and the budgeted amounts for FY2024 remain identical to those in the initial year's spending plan. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the opioid settlement fund resolution revision. Board of Commissioners - December 11, 2023 ITEM: 4 ATTACHMENTS: Re\Ased Opiod Settlement MOA Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 4 A RESOLUTION BY THE COUNTY OF NEW HANOVER TO DIRECT THE EXPENDITURE OF OPIOID SETTLEMENT FUNDS WHEREAS New Hanover County has joined national settlement agreements with companies engaged in the manufacturing, distribution, and dispensing of opioids; and WHEREAS the allocation, use, and reporting of funds stemming from these national settlement agreements and bankruptcy resolutions ("Opioid Settlement Funds") are governed by the Memorandum of Agreement Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation ("MOA") and the Supplemental Agreement for Additional Funds from Additional Settlements of Opioid Litigation ("SAAF"); and WHEREAS New Hanover County has received Opioid Settlement Funds pursuant to these national settlement agreements and deposited the Opioid Settlement Funds in a separate special revenue fund as required by section D of the MOA; and WHEREAS section E.6 of the MOA states that, before spending opioid settlement funds, the local government's governing body must adopt a resolution that: (i) indicates that it is an authorization for expenditure of opioid settlement funds; and, (ii) states the specific strategy or strategies the county or municipality intends to fund pursuant to Option A or Option B, using the item letter and/or number in Exhibit A or Exhibit B to identify each funded strategy; and, (iii) states the amount dedicated to each strategy for a specific period of time. WHEREAS New Hanover County previously adopted a resolution on August 21, 2023, directing the expenditure of opioid settlement funds, and now New Hanover County wishes to adopt this resolution to provide more specificity about the D.A.R.E. Program by dividing that overall expenditure into two strategies; NOW, THEREFORE BE IT RESOLVED, in alignment with the NC MOA and SAAF, New Hanover County authorizes the expenditure of opioid settlement funds as follows: 1. First strategy authorized: a. Name of strategy: D.A.R.E Program — Staff Training b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: K1 d. Amount authorized for this strategy: $20,000 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date September 30, 2024 f. Description of the program, project, or activity: School Resource Officers (SRO) will be trained on how teach the D.A.R.E. (Drug Abuse Resistance Education) program, an evidence -based K- 12 Opioid abuse prevention program. g. Provider: New Hanover County Sheriff's Office 2. Second strategy authorized: a. Name of strategy: D.A.R.E. Program - Implementation b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: G8 1 Board of Commissioners - December 11, 2023 ITEM: 4 - 1 - 1 d. Amount authorized for this strategy: $40,000 e. Period of time during which expenditure may take place: Start date December 11, 2023 through End date June 30, 2024 f. Description of the program, project, or activity: D.A.R.E. (Drug Abuse Resistance Education) has created an evidence -based K-12 Opioid abuse prevention program. School Resource Officer (SRO) teaches children from kindergarten through 12th grade how to live productive drug free lives. Costs include implementation of the training and supplies and materials. g. Provider: New Hanover County Sheriff's Office 3. Third strategy authorized: a. Name of strategy: Medication -Assisted Treatment in Detention Center b. Strategy is included in Exhibit A c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 11 d. Amount authorized for this strategy: $910,000 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: Currently, we are providing Medication - Assisted Treatment for individuals already on MAT. This is the second phase, that allows for inmates to choose to begin MAT treatment plan through an induction process in detention facilities. g. Providers: New Hanover County Sheriff's Office and Coastal Horizons 4. Fourth authorized strategy: a. Name of strategy: Medication -Assisted Treatment with EMS b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item Al d. Amount authorized for this strategy: $1,688,000 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: The EMS MAT Program offers an individual the opportunity to begin a Medication Assisted Treatment program by offering buprenorphine after an opioid overdose event, and then uses community paramedics and post overdose response teams to follow up and continue to provide medication and support until the person can be placed in long-term substance use disorder (SUD) treatment. g. Providers: Novant Health 5. Fifth authorized strategy: a. Name of strategy: Naloxone replacement for New Hanover County Sheriff's Office b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item H1 d. Amount authorized for this strategy: $100,000 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: Naloxone is a medication approved by the Food and Drug Administration (FDA) designed to rapidly reverse opioid overdose. This will increase the amount of naloxone by 200 units/year. g. Provider: New Hanover County Sheriff's Office 2 Board of Commissioners - December 11, 2023 ITEM: 4 - 1 - 2 6. Sixth authorized strategy: a. Name of strategy: Post -Overdose Response Team (Quick Response Team — QRT) b. Strategy is included in Exhibit A c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 8 d. Amount authorized for this strategy: $1,000,000 e. Period of time during which expenditure may take place: Start date July 1, 2024 through End date June 30, 2028 f. Description of the program, project, or activity: Post -overdose response teams (PORTS; also called Quick Response Teams, Rapid Response, Community Response Teams, etc.) are an emerging strategy to follow up with patients who have experienced an overdose within 24- 72 hours. Teams seek to link the patient with appropriate care ranging from harm reduction services to treatment to recovery supports. This program provides stable funding for an existing grant program and increases the capacity by an additional 100 people would receive service. g. Provider: Coastal Horizons 7. Seventh authorized strategy: a. Name of strategy: Employment Support Services for People with Opioid Use Disorder b. Strategy is included in Exhibit A c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 5 d. Amount authorized for this strategy: $200,000 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: Program offers employment support services to people with opioid use disorder in treatment or recovery such as job training, job skills, job placement, interview coaching, resume review, professional attire, relevant courses at community colleges or vocational schools, transportation services or transportation vouchers to facilitate any of these activities, or similar services or supports. g. Provider: LINC. 8. Eighth authorized strategy: a. Name of strategy: Opioid Use Disorder Outpatient Treatment Services for Under- or Uninsured Population b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item Al d. Amount authorized for this strategy: $625,000 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: Provides funding for medically assisted treatment and associated therapy for underinsured & uninsured patients who cannot afford them to reduce unnecessary trips to the Emergency Department and reduce overdoses. g. Provider: Coastal Horizons. 9. Ninth authorized strategy: a. Name of strategy: Housing Supportive Services for people with OUD. b. Strategy is included in Exhibit A c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 4 d. Amount authorized for this strategy: $1,250,000 3 Board of Commissioners - December 11, 2023 ITEM: 4 - 1 - 3 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: The Housing Supportive Services program is intended to ensure residents who are recovering from opioid addiction, can find and secure safe and affordable housing. Eligible activities include, but are not limited to, short-term recovery housing characterized by living settings that promote opioid free living for up to one (1) year and utilizes peer support and other addiction recovery aids. Eligible activities may provide professional low -intensity residential services for adults who are diagnosed with an opioid use disorder and require regular supervision. Applicants must be able to administer eligible programs with funds provided and in accordance with reporting guidelines and requirements. g. Providers: Coastal Horizons and Tides, Inc. 10. Tenth authorized strategy a. Name of strategy: Wrap -around Support Services for People Transitioning from Opioid Use Disorder Treatment — Part 1 b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 131 d. Amount authorized for this strategy: $875,000 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: Wrap -around services are any services that are not treatment, but instead are services that "wrap around" individuals and help them get into treatment, stay in recovery, or prevent opioid use. Examples include housing, childcare, transportation, job training or getting needed education. g. Provider: Providers will be determined after Strategies 1-9 have been launched to ensure services fill existing gaps. 11. Eleventh authorized strategy a. Name of strategy: Wrap -around Support Services for People Transitioning from Opioid Use Disorder Treatment — Part 2 b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 132 d. Amount authorized for this strategy: $375,000 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: Continuum of care services are any services that are not treatment, but instead are services that help individuals get into treatment, stay in recovery, or prevent opioid use. Examples include continuum of care through peer support, counseling, case management, etc. g. Provider: Providers will be determined after Strategies 1-9 have been launched to ensure services fill existing gaps. 12. Twelfth authorized strategy: a. Name of strategy: Opioid Prevention and Destigmatization Public Service Announcements b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item G2 d. Amount authorized for this strategy: $125,000 4 Board of Commissioners - December 11, 2023 ITEM: 4 - 1 - 4 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: Public service announcements and media campaigns about opioid use prevention. g. Provider: Providers will be determined after Strategies 1-9 have been launched to ensure new services are being promoted effectively. 13. Thirteenth authorized strategy: a. Name of strategy: Opioid Use Disorder Outreach and Education b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item G2 d. Amount authorized for this strategy: $100,000 e. Period of time during which expenditure may take place: Start date August 21, 2023 through End date June 30, 2028 f. Description of the program, project, or activity: Education and outreach programs related to opioid use disorder. g. Provider: Providers will be determined after Strategies 1-9 have been launched to ensure new services are being promoted effectively. The total dollar amount of Opioid Settlement Funds appropriated across the above named and authorized strategies is $7,308,000. FURTHER RESOLVED, that all resolutions that are inconsistent with this resolution be rescinded. ADOPTED this the 11th day of December, 2023. Chair New Hanover County Board of Commissioners ATTEST: Kymberleigh G. Crowell Clerk to the Board of Commissioners 5 Board of Commissioners - December 11, 2023 ITEM: 4 - 1 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Consent DEPARTMENT: Facilities PRESENTER(S): Eric Credle, Chief Financial Officer and Sara Warmuth, Chief Management Facilities Officer CONTACT(S): Eric Credle, Sara Warmuth, Julia La Bombard, Deputy Chief Facilities Officer SU BJ ECT: Adoption of Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statute Chapter 160A-Article 12 BRIEF SUMMARY: North Carolina General Statute Chapter 160A-Article 12 governs the sale and disposition of surplus property. Currently, the county has certain supplies, materials, equipment, and apparatus that are surplus to its operations. A complete list of these items including a description is attached as Exhibit "A". Following board approval, non-profit organizations will have the opportunity to inspect and purchase certain property prior to being sold by auction. Afterwards, all remaining property will be disposed of according to the procedures prescribed in statute 160A-270(c), which authorizes the disposal of personal property electronically using an existing private or public electronic auction service. Staff proposes to utilize the services of GovDeals, an online internet-based provider servicing governmental entities. Any items not sold electronically will be disposed of by any other method authorized by the statutes including discarding. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Declare property surplus and adopt resolution authorizing the sale of the equipment electronically using GovDeals or disposal by any other method authorized by NC General Statutes including discarding. ATTACHMENTS: Auction Resolution Exhibit A -Auction List Board of Commissioners - December 11, 2023 ITEM: 5 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve property surplus and adopt resolution. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION FOR DISPOSAL OF SURPLUS PROPERTY WHEREAS, New Hanover County owns certain personal property itemized on attached Exhibit A that is no longer functional for governmental purposes; and WHEREAS, the New Hanover County Board of Commissioners is desirous of declaring the property surplus and disposing of the property as authorized by North Carolina General Statute (NCGS) 160A-Article 12; and WHEREAS, following the board's approval, the board wishes to allow non-profit organizations the opportunity to inspect and purchase the property prior to being sold by public auction; and WHEREAS, all remaining property will be disposed of according to the procedures prescribed in Chapter 160A270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, items not sold by electronic auction will be disposed of using any other method authorized in the NCGS 160A-Article 12 including discarding the items. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners as follows: 1. The personal property itemized on the attached Exhibit A is hereby declared to be surplus property. 2. The Chief Financial Officer's designated representative, pursuant to the provisions of G.S. 160A- 270 (c), is hereby authorized to dispose of the personal property listed by electronic public auction and any property not sold by electronic means may be disposed of using any other method authorized by the NCGS 160AArticle 12, and that said representative be further authorized and directed to execute necessary documents, transfer title, add/delete items from the surplus list, and perform all necessary functions associated with this disposal. 3. Non-profit organizations will be given the opportunity to inspect and purchase the property prior to being sold by public auction. 4. All surplus property will be sold "as is," all sales will be final. New Hanover County makes no express or implied warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. 5. A notice summarizing this resolution and the sale of the surplus property shall be advertised on the county's website and/or in the Wilmington Star News at least ten (10) days prior to the electronic public auction. ADOPTED this the 111h day of December, 2023 NEW HANOVER COUNTY Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 5 - 1 - 1 Exhibit A - Auction List Auction Department Contact Serial/VIN # Description Mileage/ Reason for # Hours Disposal 911 (1) Generac generator, model 790570200, 100KW, diesel 587 Communications Julia 2092646 engine, 194 gal. fuel tank, automatic transfer switch, 637 hours Replaced with Center La Bombard engine is Mitsubishi model OD5825. Regularly serviced. No as of 08/23 new known operating issues. (1) Generac generator, model 6075970100, 100KW, diesel 911 engine, 305 gal. fuel tank, automatic transfer switch, 588 Communications Julia 2086061 engine is Mitsubishi model OD5825. Regularly serviced. 152 hours Replaced with La Bombard Has short in alternator due to rodent damage & does not as of 05/23 new Center produce adequate power. No known issues with diesel engine. 911 (1) Generac generator, model 6593880100, 100KW, diesel 589 Communications Julia 2088190 engine, 305 gal. fuel tank, automatic transfer switch, 541 hours Replaced with Center La Bombard engine is Mitsubishi model OD5825. Regularly serviced. No as of 08/23 new known operating issues. 2009 Ford Edge SUV, 3.51L, gray color, conditions noted when removed from service: has noise in steering and 590 Sheriff's Office Julia 2FMDK36C89BA41935 needs new steering rack and repairs to steering wheel, 143,164 Replaced with La Bombard emergency brake inoperable, engine misfires under load, new right front ball joint (lower control arm) needs repair/replacement. May have other unknown issues. 2012 Toyota Tacoma 4WD truck, 4.01L, silver color, 591 Sheriff's Office Julia 5TFUU4ENXCX031169 conditions noted when removed from service: vehicle 135,313 Replaced with La Bombard shakes when driving - cause unknown. May have other new unknown issues. 2012 Dodge Charger sedan, 3.61L, red color, conditions Julia noted when removed from service: horn not working, Replaced with 592 Sheriff's Office La Bombard 2C3CDXBG4CH299677 paint faded, damage to rear bumper - cause unknown, 135,156 needs new front brakes and drive belt, tires and wipers new need to be replaced. May have other unknown issues. 593 Sheriff's Office Julia 1FAHP71W26X158785 2006 Ford Crown Victoria sedan, 4.61L, blue color. No 117,767 Replaced with La Bombard known issues. May have issues unknown to owner. new Julia 2007 Mercury Grand Marquis sedan, 4.6L, burgundy color, Replaced with 594 Sheriff's Office LaBombard 2MEHM75V67X636503 no known problems noted when removed from service. 127,934 May have issued unknown to owner. new 11/27/2023 Board of Commissioners - Decembephe2y2�f ITEM: 5 - 2 - 1 Exhibit A - Auction List Auction Department Contact Serial/VIN # Description Mileage/ Reason for # Hours Disposal 2008 Mercury Grand Marquis sedan, 4.6L, black color, 595 Sheriff's Office Julia 2MEFM74V78X630512 conditions noted when removed from service: A/C 120,360 Replaced with LaBombard condenser and radiator bottom support bent but does not new appear to be leaking. May have other unknown issues. 596 Sheriff's Office Julia 2FMDK3JC8ABB67739 2010 Ford Edge SUV, 3.5L, gray color. No known issues. 177,270 Replaced with LaBombard May have issues unknown to owner. new 2005 GMC Sierra 1500 truck, 5.31L, silver color, conditions Julia noted when removed from service: cracks in driver's seat Replaced with 597 Sheriff's Office LaBombard 1GTEC19T95Z237251 and rear door trim, tail gate does not open (cause 209,695 unknown), rear tail lights holding moisture, passenger new side outer mirror adjustment switch inoperable Julia 2005 Dodge Ram 1500 truck 5.7L silver color, conditions Replaced with 598 Sheriff's Office LaBombard 1D7HU18DX55216895 noted when removed from service solenoid body needs 195 946 to be replaced. May have other unknown issues. new Health and Julia 2006 Chevrolet 2500 truck, 4WD, white color, no known Replaced with 599 Human Services LaBombard 1GCHK24U7E255634 problems noted when removed from service. May have 147,959 new issues unknown to owner. 600 Parks & Gardens Julia 1FTSW20578EE19900 2008 Ford F-250 truck, 4WD, 5AL, white color. No known 148,458 Replaced with LaBombard issues. May have issues unknown to owner. new 601 Parks & Gardens Julia 1FTNF21565ED38720 2002 Ford F-250 truck, 4WD, 5AL, white color. No known 122,093 Replaced with LaBombard issues. May have issues unknown to owner. new 2008 Ford F-150 truck, 4.6L, gray color, conditions noted when removed from service: no heat (needs heater core 602 Parks &Gardens Julia iFTRW12W58FA44940 repaired/replaced) steering wheel tilt not working (may 210,042 Replaced with LaBombard need new steering column), trim around radio missing, new break light assembly not working. May have other unknown issues. 2007 Ford Taurus sedan, 3.01L, gray color, conditions Julia noted when removed from service: passenger rear Replaced with 603 Tax LaBombard 1FAFP53UX7A112610 window inoperable, a/c compressor leaking freon, low 73,000 brake fluid light comes on. May have other unknown new issues. 11/27/2023 Board of Commissioners - Decembephe222�f ITEM: 5 - 2 - 2 Exhibit A - Auction List Auction Department Contact Serial/VIN # Description Mileage/ Reason for # Hours Disposal Facilities Julia 2007 Chrysler Town & Country van, 3.3L, white color, no Replaced with 604 Management LaBombard 1A4GJ45R07B197044 known problems noted when removed from service. May 152,844 new have issues unknown to owner. 2000 Ford F-450 super duty bucket truck, 7.31- diesel, Facilities Julia white color,conditions noted when removed from service: Replaced with 605 Management LaBombard 1FDXF46F6YED58312 idles rough (reason unknown), see last ANSI inspection 209,885 new report attached for additional information. May have other unknown issues. 2005 Dodge Caravan, 3.31L, white color, conditions noted Facilities Julia when removed from service: leak in power steering rack Replaced with 606 Management LaBombard 1D4GP24R65B316936 needs re lacin ( replacing), oil leaks in pan gasket &top engine 230,521 new area, rear springs & trail arm bushing worn out, tires have about 1/2 life. May have other unknown issues. Facilities Julia 2007 Ford F-150 truck, 5.4L, white color. No known Replaced with 607 Management LaBombard 1FTPF12V97NA22104 issues. May have issues unknown to owner. 111 842 new 608 Facilities Julia 1A4GJ45RX7B227005 2007 Chrysler Town & Country van, white color. No 175661 Replaced with Management LaBombard known issues. May have issues unknown to owner. , new 2006 GMC Sierra truck, 4.3L, white color, conditions noted 609 Facilities Julia 3GTEC14X56G271991 when removed from service: transmission needs 122,674 Replaced with Management LaBombard repair/replacement - no reverse. May have other unknown new issues. 610 Facilities Julia 2FAHP71W73X200671 2003 Ford Crown Victoria sedan, 4.6L, tan. No known 164,643 Replaced with Management LaBombard issues. May have issues unknown to owner. new Facilities Julia 2005 Dodge Caravan 3.3L white color, no known Replaced with 611 Management LaBombard iD4GP23R25B163974 problems noted when removed from service. May have 128,078 new issues unknown to owner. 2007 Chrysler Town & Country van, 3.3L, white color, Facilities Julia conditions noted when removed from service: valve Replaced with 612 Management LaBombard 1A4GJ45R17B246770 covers leaking, possibly other oil leaks, front inner tie rods 202,278 new need to be replaced - has clunking noise. May have other unknown issues. Facilities Julia 2010 Ford Mustang GL coupe, 4.6L, silver color, no known Replaced with 613 Management LaBombard 1ZVBP8CH1A5145393 problems noted when removed from service. May have 151,769 new issues unknown to owner. 11/27/2023 Board of Commissioners - Decembephe2S2�f ITEM: 5 - 2 - 3 Exhibit A - Auction List Auction Department Contact Serial/VIN # Description Mileage/ Reason for # Hours Disposal Facilities Julia 2008 GMC Envoy SUV, 4.2L, white color, conditions noted Replaced with 614 Management La Bombard 1GKDT13S182178810 when removed from service: no known mechanical issues 126,310 new reported. May have unknown issues. IT LOT 1: containing (7) assorted monitors, (4) assorted Replaced with 615 Technology Helen Nelson scanners, (6) assorted printers and (2) projectors. Items not guaranteed to be in working condition. new IT LOT 2: containing (38) Dell desktops 5040/5050/5060, (5) Dell OptiPlex 7010 desktops, (5) assorted monitors 616 Technology Helen Nelson and (1) large box of miscellaneous cables. Quantities of Replaced with each model of desktops unknown. No hard drives, may or new may not have memory. Items not guaranteed to be in working condition. IT LOT 3: containing (26) 3500 series laptops, (13) Dell Latitude 5500 laptops, (40) Dell Latitude 5580/5590 laptops, (17) Dell tough books, (1) IBM Toughbook, (8) Replaced with 617 Technology Helen Nelson assorted small form factor laptops. Quantities of each model of desktops unknown. No hard drives, may or may new not have memory. Items not guaranteed to be in working condition. IT LOT 4: containing (6) assorted monitors, (62) Dell OptiPlex 5040/5050/5060 desktops, (2) boxes of Replaced with 618 Technology Helen Nelson miscellaneous cables. Quantities of each model of desktops unknown. No hard drives, may or may not have new memory. Items not guaranteed to be in working condition. 11/27/2023 Board of Commissioners - Decembephe242�f ITEM: 5 - 2 - 4 PUBLIC NOTICE New Hanover County's Board of Commissioners adopted a resolution at their meeting on Monday, December 11, 2023, declaring certain personal property surplus to the County's operations. Non-profit organizations will have an opportunity to inspect and purchase certain property prior to being sold to the general public. Any non-profit organization interested in viewing the property should contact Julia La Bombard at 910-798- 4413 or email at ilabombardC�nhcgov.com. Non -profits may take advantage of this opportunity beginning Tuesday, December 12, 2023, through Tuesday, December 196, 2023. Any remaining property will be offered for sale beginning Wednesday, January 3, 2024, using GovDeals, a company who provides online auction services to governmental entities. Registration is required for bidding. All items are sold "as is" and all payments must be made online through GovDeals. Acceptable methods of payment are credit card (Visa, Mastercard, American Express, Discover), PayPal and wire transfer. Please review the terms and conditions prior to bidding. For questions about using the GovDeals website, please contact GovDeals at (800) 613-0156. View a complete list of the available surplus items here. New Hanover County reserves the right to remove any items from this list at any time. Board of Commissioners - December 11, 2023 ITEM: 5 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Allison Snell and Trina Baxley, Collections Supervisor SU BJ ECT: Approval of New Hanover County Monthly Collection Report for October 2023 BRIEF SUMMARY: NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. The report for October 2023 in comparison to October 2022 is as follows: New Hanover County October 2023 October 2022 Real Property 23.54% 21.83% Personal Property 28.35% 23.36% Motor Vehicle 100.00% 100.00% Overall Collection Rate 25.59% 23.69% Total Collected YTD $53,140,855.27 $47,543,144.20 New Hanover County Debt Service October 2023 October 2022 Real Property 23.53% 21.81% Personal Property 28.15% 23.59% Motor Vehicle 100.00% 100.00% Overall Collection Rate 25.91% 24.08% Total Collected YTD $3,048,703.26 $3,698,375.31 Grand Total Collected YTD $56,189,558.53 $51,241,519.51 New Hanover County Fire District October 2023 October 2022 Real Property 23.60% 21.48% Personal Property 31.11% 24.62% Motor Vehicle 100.00% 100.00% Overall Collection Rate 26.37% 23.90% Total Collected YTD $3,558,427.28 $3,152,041.41 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - December 11, 2023 ITEM: 6 • 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 October 2023 New Hanover County Debt Service Monthly Collection Report for October 2023 New Hanover County Fire District Monthly Collection Report for October 2023 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve reports. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 6 New Hanover County Monthly Collection Report for October 2023 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 188,243,360.35 $ 14,940,060.47 $ 4,616,061.12 $ 207,799,481.94 Abatements $ (140,335.09) $ (200,497.50) $ $ (340,832.59) Adjustments $ 57,704.04 $ 18,344.66 $ $ 76,048.70 Total Taxes Charged $ 188,160,729.30 $ 14,757,907.63 $ 4,616,061.12 $ 207,534,698.05 Collections to Date $ 44,411,652.55 $ 4,188,466.74 $ 4,616,061.12 $ 53,216,180.41 *Refunds $ 110,819.14 $ 5,638.23 $ $ 116,457.37 Write-off $ 109.56 $ 1,573.70 $ $ 1,683.26 Outstanding Balance $ 143,859,786.33 $ 10,573,505.42 $ $ 154,433,291.75 Collection Percentage 23.54 28.35 100.00 25.59 YTD Interest Collected $ 2,114.10 $ - $ 39,018.13 $ 41,132.23 Total 2023-2024 Collections YTD $ 53,140,855.27 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,518,383.70 $ 4,309,089.93 $ 116,471.59 $ 5,943,945.22 Abatements $ (16,952.77) $ (341,997.69) $ - $ (358,950.46) Adjustments $ - $ - $ - $ Total Levy $ 1,501,430.93 $ 3,967,092.24 $ 116,471.59 $ 5,584,994.76 Collections to Date $ 249,975.82 $ 40,216.30 $ 95.68 $ 290,287.80 *Refunds $ 86,005.87 $ 282,959.40 $ - $ 368,965.27 Write-off $ (53.66) $ 22.06 $ - $ (31.60) Outstanding Balance $ 1,337,514.64 $ 4,209,813.28 $ 116,375.91 $ 5,663,640.63 YTD Interest Collected $ 37,260.48 $ 17,692.22 $ 157.17 $ 55,109.87 Total Prior Year Collections YTD (23,567.60) Grand Total All Collections YTD $ 53,117,287.67 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - December 11, 2023 ITEM: 6 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for October 2023 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 10,604,909.51 $ 850,974.86 $ 314,959.85 $ 11,770,844.22 Abatements $ (7,906.17) $ (11,295.76) $ - $ (19,201.93) Adjustments $ 3,250.94 $ 1,033.46 $ - $ 4,284.40 Total Taxes Charged $ 10,600,254.28 $ 840,712.56 $ 314,959.85 $ 11,755,926.69 Collections to Date $ 2,493,915.41 $ 236,621.02 $ 314,959.85 $ 3,045,496.28 *Refunds $ 58.94 $ 12.91 $ 71.85 Write-off $ 9.24 $ 91.31 $ 100.55 Outstanding Balance $ 8,106,388.57 $ 604,013.14 $ - $ 8,710,401.71 Collection Percentage 23.53 28.15 100.00 25.91 YTD Interest Collected $ 231.84 $ - $ 3,046.99 $ 3,278.83 Total 2023-2024 Collections YTD $ 3,048,703.26 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined Scroll $ 143,039.18 $ 351,588.21 $ - $ 494,627.39 Abatements $ (1,226.23) $ (44,063.22) $ (45,289.45) Adjustments $ - $ - $ - Total Levy $ 141,812.95 $ 307,524.99 $ - $ 449,337.94 Collections to Date $ 21,435.48 $ (4,899.46) $ - $ 16,536.02 *Refunds $ 4,332.72 $ 29,133.23 $ - $ 33,465.95 Write-off $ 2.29 $ 9.57 $ - $ 11.86 Outstanding Balance $ 124,707.90 $ 341,548.11 $ - $ 466,279.73 YTD Interest Collected $ 3,296.28 $ 1,759.13 $ - $ 5,055.41 Total Prior Year Collections YTD (11,874.52) Grand Total All Collections YTD $ 3,036,828.74 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - December 11, 2023 ITEM: 6 - 2 - 1 New Hanover County Fire District Monthly Collection Report for October 2023 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 12,023,180.85 $ 1,094,160.20 $ 382,461.97 $ 13,499,803.02 Abatements $ (3,543.76) $ (14,076.96) $ (17,620.72) Adjustments $ 982.97 $ 1,368.13 $ 2,351.10 Total Taxes Charged $ 12,020,620.06 $ 1,081,451.37 $ 382,461.97 $ 13,484,533.40 Collections to Date $ 2,836,482.79 $ 336,302.04 $ 382,461.97 $ 3,555,246.80 *Refunds $ 4.16 $ 22.49 $ 26.65 Write-off $ 20.22 $ 168.28 $ 188.50 Outstanding Balance $ 9,184,121.21 $ 745,003.54 $ - $ 9,929,124.75 Collection Percentage 23.60 31.11 100.00 26.37 YTD Interest Collected $ 70.27 $ - $ 3,136.86 $ 3,207.13 Total 2023-2024 Collections YTD $ 3,558,427.28 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined $ 120,022.91 $ 231,475.46 $ 7,288.27 $ 358,786.64 Scroll Abatements $ - $ (50,424.64) $ - $ (50,424.64) Adjustments $ - $ - $ - Total Levy $ 120,022.91 $ 181,050.82 $ 7,288.27 $ 308,362.00 Collections to Date $ 21,958.54 $ (4,078.70) $ - $ 17,879.84 *Refunds $ 428.88 $ 41,143.72 $ - $ 41,572.60 Write-off $ 3.33 $ 10.15 $ - $ 13.48 Outstanding Balance $ 98,489.92 $ 226,263.09 $ 7,288.27 $ 332,068.24 YTD Interest Collected $ 3,041.93 $ 903.57 $ - $ 3,945.50 Total Prior Year Collections YTD 21,825.34 Grand Total All Collections YTD $ 3,580,252.62 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - December 11, 2023 ITEM: 6 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Consent DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau SU BJ ECT: Adoption of Public Officials Bond Resolution BRIEF SUMMARY: Pursuant to North Carolina General Statute 58-72-20, the board is to annually review the Surety Bond coverage for the following: • Finance Officer $1,000,000 • Sheriff $25,000 • Register of Deeds $50,000 • Tax Collector $100,000 Staff has verified that adequate coverage is in full force and effect. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Public Officials Bond Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 7 NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVAL OF PUBLIC OFFICIALS BOND WHEREAS, pursuant to North Carolina General Statutes 58-72-20, the Board of County Commissioners conducts an annual review of public official bonds; and WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, the Board of County Commissioners does hereby approve the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. ADOPTED, this the 111" day of December 2023. (SEAL) 1►11AiTI:/_\►LOW aaW—i1111M M Chair Board of County Commissioners ATTEST: Kymberleigh G. Crowell Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise for Luuver LLC DBA MobileDumps 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 25 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 ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the first reading of the franchise award. A second reading is required by statute. Upon award after the second reading, 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) Board of Commissioners - December 11, 2023 ITEM: 8 Recommend approve franchise award. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 8 New Hanover County Contract # 24-0303 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 2022, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" LUUVER LLC DBA MOBILEDUMPS, a North Carolina limited liability company, with its principal mailing address 160 Mine Lake Court, Suite 200, Raleigh, North Carolina, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling. Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - December 11, 2023 ITEM: 8 - 1 - 1 New Hanover County Contract # 24-0303 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. Commercial General Liabilitv. Franchise shall maintain Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit. 11. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 12. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 13. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Board of Commissioners - December 11, 2023 ITEM: 8 - 1 - 2 New Hanover County Contract # 24-0303 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. Egual 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 LUUVER LLC DBA MOBILEDUMPS 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 LUUVER LLC DBA MOBILEDUMPS, a North Carolina limited liability company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this day of , 2023. Notary Public [SEAL] My Commission Expires New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - December 11, 2023 ITEM: 8 - 1 - 3 FW: Landfill Application Burpeau, Kemp <KBurpeau@nhcgov.com> Mon 11/13/2023 10:36 AM To:Minen, Annie <amineri@nhcgov.com> Annie, Please prepare for agenda franchise review/approval First Reading. Thank you, Kemp Kemp Burpeau County Attorney, Senior Deputy New Hanover County - County Attorney (910) 798-7121 p 1 (910) 798-7844 f KBurpeau@nhcgov.com 230 Government Center Drive, Suite 125 Wilmington, NC 28403 www.NHCgov.com If you have received this message in error, please destroy it without reading, printing, copying, or forwarding. All attorney - client communications must by law be kept confidential. Please let us know of the sending error immediately so we can prevent its re -occurrence. You should send your reply directly to the sender of this message. From: Jonathan Leblanc <jleblanc@mobiledumps.com> Sent: Thursday, November 2, 2023 12:19 PM To: Burpeau, Kemp <KBurpeau@nhcgov.com> Subject: Landfill Application ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Good morning Mr. Burpeau, I'm emailing you from my new MobileDumps email account. I'm happy to walk you through what MobileDumps is as well as through my business plan for the Wilmington Market. MobileDumps was founded in Richmond VA by Charles Morrison approximately 5 years ago. He saw an opportunity in the waste removal market for a quick response service with a flat fee. The other key element to the service is that MobileDumps delivers custom -designed (Low Deck/Easy Load) 14-yard dump trailers which are highly maneuverable, and much easier to place on a residential or commercial site than roll -off bins. Our trailers do not cause any damage to property and can be easily placed inside garages, beside homes, in designated loading areas, HOA's, etc. Contractors are flocking to MobileDumps across its' 22 franchise locations in the US. The response is essentially that they can keep doing their important work while we handle the waste removal. Mobiledumps are easy to book online or by phone, transparently priced, stylish, clean, affordable, and user-friendly for both owner/operator and customer alike. To address your comments 1. Limited Equipment: o The beauty of opening a MD franchise is that the requirements to operate and execute are minimal in the beginning. 0 To keep costs low in the first months, only 2 trailers are required while we build the brand and grow the customer base. Once the demand grows, we simply add more trailers to the fleet as required o I purchased 2 trailers. One truck and one driver (me) can handle a fleet of 7 trailers. o The trailers are in stock in Burlington NC, and a trailer can be added within a couple of days as demand requires. 0 1 will operate the business from home and park the trailers at a secure storage facility when they are not in use o I do not anticipate needing a part-time driver until month 13 which keeps operating expenses low 1. Operating Capital o Based on the bullet points above, operating capital is not a heavy requirement for this business. o I have invested in the required equipment, and based on projections (see attached 12-month projections), I anticipate generating a small profit in month 1 and seeing modest gains in revenue month over month. o The business is still pre -revenue and we are ready to launch this week. o I have done a lot of business development and have clients waiting to place their orders. o I have personally spoken with many of the franchisees and they have charted a similar growth trajectory to what I have described. I trust that this satisfies your requirements, and I look forward to hearing from you. Jonathan LeBlanc MobileDumps Wilmington, NC Direct: 910-729-6441 Toll Free: 800-298-DUMP jleblanc@mobiledumps. com mobiledumps.com M017ILMUMPS Board of Commissioners - December 11, 2023 ITEM: 8 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Consent DEPARTMENT: County Manager PRESENTER(S): Tim Buckland, Intergovernmental Affairs Manager CONTACT(S): Tim Buckland SU BJ ECT: Adoption of Resolution to Join the American Flood Coalition BRIEF SUMMARY: The American Flood Coalition is a nationwide group of local governments, elected officials, military leaders, businesses and civic organizations that provides a platform to advocate for solutions to flooding and sea level rise. The coalition focuses on policies that strengthen the economy, safeguard national security and advance solutions that support flood -affected communities. Joining the American Flood Coalition comes at no cost to New Hanover County. STRATEGIC PLAN ALIGNMENT: • Community Safety & Well-being o The community supports a life that mitigates health and safety risks ■ Effectively and efficiently respond to public health and safety demands. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution to join the American Flood Coalition COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION TO BECOME A MEMBER OF THE AMERICAN FLOOD COALITION WHEREAS, proactively investing to prevent flooding is a wiser use of resources than spending on flooding recovery, as exemplified by the Federal Emergency Management Agency (FEMA) research showing that every $1 spent on disaster prevention saves up to $7 in recovery costs; and WHEREAS, national coordination and support are necessary for communities to fully address the challenge of flooding and sea level rise, and the American Flood Coalition provides a platform advocating for national solutions to flooding and sea level rise to protect coastal communities; and WHEREAS, the American Flood Coalition is a no -cost forum for best practices and support in developing responses to flooding and sea level rise to enhance New Hanover County's resilience efforts; and WHEREAS, flooding and sea level rise are important issues that residents deserve to understand, and the American Flood Coalition provides opportunities and tools to communicate with residents on flooding challenges and solutions; and WHEREAS, joining the American Flood Coalition will aid New Hanover County's efforts to protect against flooding without requiring any financial support or dues; and WHEREAS, New Hanover County has participated in emergency preparedness and flood resilience efforts, including as a member of the Eastern North Carolina Resilience Alliance; and WHEREAS, the New Hanover County Board of Commissioners finds that joining the American Flood Coalition will promote the welfare of New Hanover County's residents and ensure the prosperity of New Hanover County's economy by accelerating solutions to sea level rise and flooding. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners recognizes the need to advance national solutions to sea level rise and flooding and will work as a member of the American Flood Coalition to safeguard the welfare of New Hanover County residents. ADOPTED this the 11th day of December, 2023. NEW HANOVER COUNTY Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Regular DEPARTMENT: Governing Body PRESENTER(S): Chair Bill Rivenbark CONTACT(S): Johnny Griffin, Wilmington Regional Film Commission Inc. Director and Kym Crowell, Clerk to the Board SU BJ ECT: Recognition of Bill Vassar for his Service to the Community and the Film Industry BRIEF SUMMARY: Bill Vassar served on the Wilmington Regional Film Commission, Inc. as the Board's appointee from April 2008 until October 2024. His service to the community in this capacity has been invaluable. With the recent purchase of EU E/Screen Gems Studios by Cinespace Studios, Mr. Vassar will be retiring at the end of this year after 25 years of service as the E U E/Screen Gems Studios Executive Vice -President. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Present plaque to Mr. Vassar. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recognize and present Bill Vassar with plaque. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Regular DEPARTMENT: Emergency PRESENTER(S): Bill MacKay, N HC Emergency Management Technician and Stan Management Harts, Local Emergency Planning Committee Chairperson CONTACT(S): Bill MacKay, Steven Still, N HC Emergency Management Director and Anna McRay, N HC Assistant Emergency Management Director SU BJ ECT: Consideration Approval of Amendments to the Local Emergency Planning Committee Bylaws BRIEF SUMMARY: The New Hanover County Local Emergency Planning Committee (LEPC) is a collaborative group that comprises representatives from various organizations within New Hanover County, such as Duke Energy, Alcami, GE Hitachi, the Wilmington Ports, NCDOT, Stepan, Corning, CFPUA, and others. These organizations participating in the committee are generally responsible for the creation, shipment, or receiving of, or response to incidents involving, hazardous chemicals or materials. Approval of amendments to the Local Emergency Planning Committee (LEPC) bylaws, many of the proposed changes are grammatical, or are otherwise self-explanatory. The more substantive points include: • Removal of references to "911" throughout the document, because they are now a separate department from Emergency Management. • Allowances have been made to incorporate virtual meetings and voting • Clarified that any organization or individual can petition the NHC LEPC to become a member of the LEPC, and the executive committee of the LEPC shall review such petitions • Removing the requirement for a 1/3 majority vote of active members • Clarified that some documents shared during the committee or executive committee may not be open for public dissemination • Clarified that the LEPC will recommend changes and not modify the Hazardous Materials Emergency Response Plan These revisions have been reviewed and unanimously agreed upon by the LEPC members, staff, and the Legal Department. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 11 Approve changes to the bylaws of the New Hanover County LEPC. ATTACHMENTS: Redline Version of Modifications to the LEPC Bylaws Clean Version of Modifications to the LEPC Bylaws COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 11 NEW HANOVER COUNTY LOCAL EMERGENCY PLANNING COMMITTEE BY-LAWS ARTICLE I: NAME The name of this organization shall be the New Hanover County Local Emergency Planning Committee, hereinafter referred to as the NHC LEPC. ARTICLE II: MISSION It shall be the mission of the NHC LEPC in cooperation with the New Hanover County Emergency Management to review, revise and exercise the Hazardous Materials Emergency Response Plan, a section of the New Hanover County Emergency Operations Plan, and to provide related information that enhances the ability of our citizens to protect the health and safety of the community. The NHC LEPC shall also be an advisory Council to the New Hanover County Emergency Management regarding all hazards emergency planning and communication. ARTICLE III: AUTHORITY The establishment of the NHC LEPC is authorized by Title III of the Superfund Amendment and Reauthorization Act (SARA) of 1986, known as the "Emergency Planning and Community Right - to -Know Act (EPCRA) of 1986", the North Carolina Executive Order No. 125 (December 18, 1997) and by resolution of the New Hanover County Board of Commissioners (August 17, 1998). ARTICLE IV: MEMBERSHIP and VOTING RIGHTS Section 1. The NHC LEPC membership shall consist of, but not be limited to, those organizations defined and recommended by EPCRA Section 301, and other such organizations as can benefit the emergency planning and communication process. Member organizations shall be appeaRted approved by the Executive Committee of the NHC LEPC under hereby delegated authority from the New Hanover County Board of Commissioners and the North Carolina State Emergency Response Commission. Any organization or individual can petition the NHC LEPC to become a member of the LEPC, and the executive committee of the LEPC shall review such petitions. R Member organizations shall be permanent members of the NHC LEPC. Member organizations may resign from membership by submitting a letter of resignation to the NHC LEPC Executive Committee. Board of Commissioners - December 11, 2023 ITEM: 11- 1 - 1 C. A member organization that has not actively participated on the NHC LEPC or a standing committee for 12 consecutive months may have its membership revoked by the Executive Committee. The Executive Committee shall prepare an active membership list at least annually. Section 2. Each member organization shall appoint one (1) voting representative to the NHC LEPC to serve at the pleasure of the member organization and submit a letter of authorization stating that designation. Meeting and voting can be done in person or by virtual means such as email, or online meeting methods. A voting representative may authorize a proxy to attend any meeting(s) or vote to exercise any other rights at the meeting(s). The proxy appointment must be in writing signed by such voting representative and shall be delivered to the NHC LEPC Chairperson in advance of, or at the time of, such meeting(s). Section 3. A quorum, required to conduct NHC LEPC business, shall consist of the members present at a meeting that has been announced to entire membership by email, phone call or other method at least 5 days prior to the meeting. at least ^ e third- of the ^r*^y^ mpmbeFshop feF YetiRg A majority of the voting representatives present is required to carry a vote. ARTICLE V: OFFICERS AND ELECTIONS Section 1. Elections. The NHC LEPC shall nominate, at the November meeting, candidates for the offices of Chairperson, Vice -Chairperson and Secretary. Candidates shall be elected by a majority vote of wri#tee ballots cast. Candidates for Chairperson must have served as an active voting representative of his/her member organization on the NHC LEPC for at least one year. All terms shall run for one year. Officers may succeed themselves in office. The Executive Committee shall appoint an active representative of a member organization to fill vacancies of officers or committees. Section 2. Duties of Officers. The Chairperson shall preside at all meetings of the full NHC LEPC and of the Executive Committee, unless they cannot be present at an announced meeting, shall have the authority to appoint Chairpersons of Standing Committees and Ad Hoc Committees as needed, shall serve as an ex-officio member of all Standing Committees and shall serve as the NHC LEPC spokesperson. Board of Commissioners - December 11, 2023 ITEM: 11- 1 -2 The Vice -Chairperson shall perform the duties of Chairperson in his/her absence. The Secretary shall be responsible for minutes of the full NHC LEPC meetings, correspondence and posting meetings in accordance with the North Carolina Open Meetings Law although some documents shared during the committee or executive committee may not be open for public dissemination. ARTICLE VI: EXECUTIVE COMMITTEE Section 1. The Executive Committee shall consist of the Chairperson, Vice -Chairperson, Secretary, the representative of the New Hanover County Department Emergency Management R, 91 A and the Chairpersons of all Standing Committees. Section 2. The Executive Committee shall provide oversight of the work and affairs of the NHC LEPC, Standing Committees and Ad Hoc Committees. Section 3. The Executive Committee shall recruit and appoint members, and revoke memberships, to the NHC LEPC in accordance with Article IV, Section 1. A. and C. Section 4. The Executive Committee shall provide oversight for the NHC LEPC compliance with all applicable community emergency planning regulations involving hazardous materials, including, but not limited to, EPCRA, the North Carolina Emergency Response Commission and appropriate sections of NC General Statute 95, Article 18, (aka the North Carolina Hazardous Chemicals Right to Know Act). Section 5. The Executive Committee shall identify funding necessary for the NHC LEPC to accomplish the mission, and shall determine how to obtain, control, disperse and account for the funding and shall actively seek out grant funding to advance its mission. ARTICLE VII: COMMUNITY INFORMATION COORDINATION Section 1. T#e New Hanover County Emergency Management Qv, 911 shall be responsible for the maintenance of reports required by EPCRA and/or other applicable regulations, and shall ensure the availability of such information to the public by annually publishing notice of the availability and accessibility of this information. Section 2. Tie New Hanover County Emergency Management & 911 shall publish and distribute the results of the annual review of the Hazardous Materials Emergency Response Plan, as approved by the NHC LEPC. Section 3. T4e New Hanover County Emergency Management R 911 shall maintain the historical and official records of the NHC LEPC. Board of Commissioners - December 11, 2023 ITEM: 11- 1 -3 ARTICLE Vill: MEETINGS Section 1. The Executive Committee shall meet at least quarterly and shall have the authority to call a meeting of the full NHC LEPC. Section 2. The full NHC LEPC shall meet at least quarterly to conduct the business of the NHC LEPC. Section 3. Meetings of the NHC LEPC shall be posted in accordance with the North Carolina Open Meetings Law, General Statute 143-318.10. Section 4. At the November meeting of the term year, the Executive Committee, or their designee shall review and recommend revisions of the Hazardous Materials Emergency Response Plan, as necessary. the—ISIWG I-E-12G shall re —vie —;.A.; ,^dappFepFiately revise t#e- Mat-prmals EmeFgeRr=y Response DI . The general public shall be invited to discuss the emergency plan at this meeting. All comments presented by the public shall be considered and a response to each shall be prepared by the NHC LEPC Executive Committee after subseq„eRt to the meeting and shall be made available to the public upon request. Section 5. Meetings can be in person or virtual through technological resources such as computer, internet, or telephone. ARTICLE IX: STANDING COMMITTEES Section 1. The chairpersons of all Standing Committees shall be elected appointed by the committee members and approved by the NHC LEPC Chairperson. Section 2. Members of the Standing Committees shall be chosen from the member organizations and shall be appointed by the ChaiFr^rs^n .,f that Stan&pg Executive Committee. Each member organization is expected encouraged to have a representative actively serve on at least one standing committee. Section 3. Standing Committees of the NHC LEPC shall be: EXECUTIVE COMMITTEE that shall ensure proper membership of LEPC and proper participation by members of the LEPC and will provide oversight of the work and affairs of the New Hanover County LEPC and all subcommittees thereof. EMERGENCY PLANNING AND RESPONSE that shall facilitate the annuals revise-APH update to the New Hanover County ESF #10 and the Hazardous Materials Annex. This subcommittee will also facilitate and analyze planning and development for the LEPC. Board of Commissioners - December 11, 2023 ITEM: 11- 1 - 4 COMMUNITY EDUCATION AND PUBLIC AWARENESS that shall maintain the distribution of LEPC information to the community and will work in coordination with New Hanover County to educate and alert the public about hazardous materials incidents. ARTICLE X: AMENDMENTS These By-laws may be amended by a two-thirds vote of member organization voting representatives present at any meeting of the full NHC LEPC provided the presence of a quorum and all member organizations of the NHC LEPC have been given 30 days' notice in writing of the amendment(s) proposed. ARTICLE XI: RATIFICATION These By-laws are duly adopted by a majority vote of the members of the New Hanover County Local Emergency Planning Committee on this day e# aRuaFy 29 2014 13t" day of September, 2023 in New Hanover County, North Carolina and by approval of the New Hanover County Board of Commissioners on this day of PebF „Fy 5, 201 Q Teresa cm *" Billy Howard, NHC LEPC Chairperson Board of Commissioners - December 11, 2023 ITEM: 11- 1 - 5 NEW HANOVER COUNTY LOCAL EMERGENCY PLANNING COMMITTEE BY-LAWS ARTICLE I: NAME The name of this organization shall be the New Hanover County Local Emergency Planning Committee, hereinafter referred to as the NHC LEPC. ARTICLE II: MISSION It shall be the mission of the NHC LEPC in cooperation with the New Hanover County Emergency Management to review, revise and exercise the Hazardous Materials Emergency Response Plan, a section of the New Hanover County Emergency Operations Plan, and to provide related information that enhances the ability of our citizens to protect the health and safety of the community. The NHC LEPC shall also be an advisory Council to the New Hanover County Emergency Management regarding all hazards emergency planning and communication. ARTICLE III: AUTHORITY The establishment of the NHC LEPC is authorized by Title III of the Superfund Amendment and Reauthorization Act (SARA) of 1986, known as the "Emergency Planning and Community Right -to -Know Act (EPCRA) of 1986," North Carolina Executive Order No. 125 (December 18, 1997) and by resolution of the New Hanover County Board of Commissioners (August 17, 1998). ARTICLE IV: MEMBERSHIP AND VOTING RIGHTS Section 1. The NHC LEPC membership shall consist of, but not be limited to, those organizations defined and recommended by EPCRA Section 301, and other such organizations as can benefit the emergency planning and communication process: A. Member organizations shall be approved by the Executive Committee of the NHC LEPC under hereby delegated authority from the New Hanover County Board of Commissioners and the North Carolina State Emergency Response Commission. Any organization or individual can petition the NHC LEPC to become a member of the LEPC, and the executive committee of the LEPC shall review such petitions. B. Member organizations shall be permanent members of the NHC LEPC. Member organizations may resign from membership by submitting a letter of resignation to the NHC LEPC Executive Committee. C. A member organization that has not actively participated on the NHC LEPC or Board of Commissioners - December 11, 2023 ITEM: 11- 2 - 1 a standing committee for 12 consecutive months may have its membership revoked by the Executive Committee. The Executive Committee shall prepare an active membership list at least annually. Section 2. Each member organization shall appoint one (1) voting representative to the NHC LEPC to serve at the pleasure of the member organization and submit a letter of authorization stating that designation. Meetings and voting can be done in person or by virtual means such as email, or online meeting methods. A voting representative may authorize a proxy to attend any meeting(s) or vote to exercise any other rights at the meeting(s). The proxy appointment must be in writing signed by such voting representative and shall be delivered to the NHC LEPC Chairperson in advance of, or at the time of, such meeting(s). Section 3. A quorum, required to conduct NHC LEPC business, shall consist of the members present at a meeting that has been announced to the entire membership by email, phone call or other method at least 5 days prior to the meeting. A majority of the voting representatives present is required to carry a vote. ARTICLE V: OFFICERS AND ELECTIONS Section 1. Elections. The NHC LEPC shall nominate, at the November meeting, candidates for the offices of Chairperson, Vice -Chairperson and Secretary. Candidates shall be elected by a majority vote of ballots cast. Candidates for Chairperson must have served as an active voting representative of his/her member organization on the NHC LEPC for at least one year. All terms shall run for one year. Officers may succeed themselves in office. The Executive Committee shall appoint an active representative of a member organization to fill vacancies of officers or committees. Section 2. Duties of Officers. The Chairperson shall preside at all meetings of the full NHC LEPC and of the Executive Committee, unless they cannot be present at an announced meeting, shall have the authority to appoint Chairpersons of Standing Committees and Ad Hoc Committees as needed, shall serve as an ex- off icio member of all Standing Committees, and shall serve as the NHC LEPC spokesperson. The Vice -Chairperson shall perform the duties of Chairperson in his/her absence. Board of Commissioners - December 11, 2023 ITEM: 11- 2 - 2 The Secretary shall be responsible for minutes of the full NHC LEPC meetings, correspondence and posting meetings in accordance with the North Carolina Open Meetings Law although some documents shared during the committee or executive committee may not be open for public dissemination. ARTICLE VI: EXECUTIVE COMMITTEE Section 1. The Executive Committee shall consist of the Chairperson, Vice -Chairperson, Secretary, the representative of the New Hanover County Department Emergency Management, and the Chairpersons of all Standing Committees. Section 2. The Executive Committee shall provide oversight of the work and affairs of the NHC LEPC, Standing Committees and Ad Hoc Committees. Section 3. The Executive Committee shall recruit and appoint members, and revoke memberships, to the NHC LEPC in accordance with Article IV, Section 1. A. and C. Section 4. The Executive Committee shall provide oversight for the NHC LEPC compliance with all applicable community emergency planning regulations involving hazardous materials, including, but not limited to, EPCRA, the North Carolina Emergency Response Commission and appropriate sections of NC General Statute 95, Article 18, (a.k.a. the North Carolina Hazardous Chemicals Right to Know Act). Section 5. The Executive Committee shall identify funding necessary for the NHC LEPC to accomplish the mission, and shall determine how to obtain, control, disperse and account for the funding and shall actively seek out grant funding to advance its mission. ARTICLE VII: COMMUNITY INFORMATION COORDINATION Section 1. New Hanover County Emergency Management shall be responsible for the maintenance of reports required by EPCRA and/or other applicable regulations and shall ensure the availability of such information to the public by annually publishing notice of the availability and accessibility of this information. Section 2. New Hanover County Emergency Management shall publish and distribute the results of the annual review of the Hazardous Materials Emergency Response Plan, as approved by the NHC LEPC. Section 3. New Hanover County Emergency Management shall maintain the historical and official records of the NHC LEPC. ARTICLE Vill: MEETINGS Section 1. The Executive Committee shall meet at least quarterly and shall have the authority Board of Commissioners - December 11, 2023 ITEM: 11- 2 - 3 to call a meeting of the full NHC LEPC. Section 2. The full NHC LEPC shall meet at least quarterlyto conduct the business of the NHC LEPC. Section 3. Meetings of the NHC LEPC shall be posted in accordance with the North Carolina Open Meetings Law, General Statute 143-318.10. Section 4. At the November meeting of the term year, the Executive Committee, or their designee shall review and recommend revisions of the Hazardous Materials Emergency Response Plan, as necessary. The general public shall be invited to discuss the emergency plan at this meeting. All comments presented by the public shall be considered and a response to each shall be prepared by the NHC LEPC Executive Committee after the meeting and shall be made available to the public upon request. Section 5. Meetings can be in person or virtual through technological resources such as computer, internet, or telephone. ARTICLE IX: STANDING COMMITTEES Section 1. The chairpersons of all Standing Committees shall be elected by the committee members and approved by the NHC LEPC Chairperson. Section 2. Members of the Standing Committees shall be chosen from the member organizations and appointed by the Executive Committee. Each member organization is encouraged to have a representative actively serve on at least one standing committee. Section 3. Standing Committees of the NHC LEPC shall be: EXECUTIVE COMMITTEE that shall ensure proper membership of LEPC and proper participation by members of the LEPC and will provide oversight of the work and affairs of the New Hanover County LEPC and all subcommittees thereof. EMERGENCY PLANNING AND RESPONSE that shall facilitate the annual update to the New Hanover County Emergency Operations Plan and the Hazardous Materials Annex. 'This subcommittee will also facilitate and analyze planning and development for the LEPC. COMMUNITY EDUCATION AND PUBLIC AWARENESS that shall maintain the distribution of LEPC information to the community and will work in coordination with New Hanover County to educate and alert the public about hazardous materials incidents. ARTICLE X: AMENDMENTS These By-laws may be amended by a two-thirds vote of member organization voting Board of Commissioners - December 11, 2023 ITEM: 11- 2 - 4 representatives present at any meeting of the full NHC LEPC, provided the presence of a quorum and all member organizations of the NHC LEPC have been given 30 days' notice in writing of the amendment(s) proposed. ARTICLE XI: RATIFICATION These By-laws are duly adopted by a majority vote of the members of the New Hanover County Local Emergency Planning Committee on this 13' day of September 2023, in New Hanover County, North Carolina and by approval of the New Hanover County Board of Commissioners on this day of Billy How d, NHC LEPC Chairperson Board of Commissioners - December 11, 2023 ITEM: 11- 2 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Regular DEPARTMENT: Strategy PRESENTER(S): Jennifer Rigby, Chief Strategy Officer CONTACT(S): Eric Credle, Chief Financial Officer, Jennifer Rigby and Scott Satterfield, Wilmington Business Development SU BJ ECT: Consideration of Holly Shelter Industrial Park Master Plan, Design, and Construction of Phase I and Budget Amendment 24-025 BRIEF SUMMARY: On behalf of New Hanover County, Wilmington Business Development contracted with Alliance Consulting Engineers to prepare a master plan for approximately 320 acres of property on Holly Shelter Road for development as an industrial business park. The Master Plan study includes due diligence services, a conceptual master plan, and preliminary cost opinions. The Master Plan includes the +/- 52 acre land tract that was donated to the county last year by Sidbury Land & Timber ("SLT"), an additional +/-200 acres that the county has an option to purchase from SILT, as well as the +/- 70 acres that SILT continues to own. Preliminary estimates indicate approximately 3.2 million square feet of industrial space could be accommodated within this industrial park including the 70 acres that SILT will own if infrastructure investments are made. Infrastructure investments include the design and construction of roadway, water, and wastewater improvements with a pump station. Phase I investments include infrastructure to serve the 52-acre tract that was donated to New Hanover County last year. Subsequent phases would provide for the infrastructure necessary to develop the 200 acres that the county has the option to purchase. The cost to construct the infrastructure for the entire park is currently estimated at $18.9 million. However, at this time, only the design of the full park and the construction of the infrastructure for Phase I is recommended. Phase I construction includes roadway, water and wastewater construction for the 52-acre tract. It is anticipated design will take 1 year to complete and bidding and construction will take an additional 15 months to complete. The cost of the full design and the construction of Phase 1 is estimated at $6,698,000. The county plans for these costs to be funded with loan proceeds. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions Board of Commissioners - December 11, 2023 ITEM: 12 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the Holly Shelter Industrial Park Master Plan, design, and construction of Phase I and adopt budget amendment 24-025. ATTACHMENTS: B/A 24-025 Holly Shelter Business Park Holly Shelter Staff Presentation Holly Shelter Master Plan 0�er\iew COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval of the plan and adopt budget amendment. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 12 AGENDA: December 11, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 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, 2024. Section 1: Details of Budget Amendment Strategic Focus Area: Workforce and Economic Development Strategic Objective(s): Plan for the long-term needs of business, innovative programs & community partnerships. Revenue: Decrease Increase Total BA 24-025 Debt Proceeds $ $ 6,698,000 $ 6,698,000 Total $ S 6,698,000 $ 6,698,000 Prior to Actions Total if Actions Taken Toda Capital hnprovement Projects $ 113,010,791 $ 119,708,791 Section 2: Explanation BA 24-025 budgets funds to provide for the cost of the full design and the construction of Phase I of the Holly Shelter Business Park, including water, sewer and roadway infrastructure. 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) 24-025 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 1 Ith day of December, 2023. (SEAL) Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 11, 2023 ITEM: 12- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Regular DEPARTMENT: Strategy PRESENTER(S): Jennifer Rigby, Chief Strategy Officer CONTACT(S): Jennifer Rigby, Chief Strategy Officer SU BJ ECT: Mental Health and Substance Use Disorder Strategy Update BRIEF SUMMARY: The Board of Commissioners developed a funding strategy to implement the Mental Health and Substance Use Disorder Strategy. This will be an update on the funds that have been spent and the programs that are underway. STRATEGIC PLAN ALIGNMENT: • Community Safety & Well-being o Every resident has access to services that support their physical health and mental well-being. ■ Connect residents to individualized services at the right time with a variety of service providers RECOMMENDED MOTION AND REQUESTED ACTIONS: Receive Update. ATTACHMENTS: MKSUD Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Receive update and provide feedback. COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z23-19) — Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 7.95 acres zoned (CZD) R-10, Residential and R-20, Residential located at 1728 Rockhill Road to (CZD) R-10, Residential for a maximum 24 dwelling units. BRIEF SUMMARY: The applicant on behalf of Cape Fear Habitat for Humanity is proposing the 2.7 acre Phase 2 expansion of the Legacy Landing Subdivision. Legacy Landing Phase 1 was originally rezoned in March 2021 for 10 single family residential lots. Legacy Landing Phase 2 is proposing the addition of 14 dwelling units in the form of 7 pairs of attached single family dwellings. The proposed rezoning is intended to integrate both phases of Legacy Landing into one uniform conditional zoning classification. Phase 1 combined with the proposed Phase 2 results in a maximum of 24 dwelling units with an overall density of is 3.1 dwelling units per acre. All of the dwelling units consist of affordable homes for purchase through Habitat. The concept plan shows each dwelling unit on an individual lot. The plan proposes an extension of Dorsey Lane north to Rockhill Road creating an interconnected loop between Reminisce Road and Rockhill Road. In addition, a stormwater management system and open space is proposed between the housing types, with additional open space along Rockhill Road. The R-20 in this area was established in 1974. At the time, the purpose of the R-20 district was to ensure housing served by private septic and wells would be developed at low densities. Since that time, public water and sewer have become available to the surrounding area. While R-20 is the predominant zoning district in the area the Walnut Hills Subdivision to the west was zoned R-10 and the North Oakley Circle Subdivision to the east was zoned R-15 as part of Area 10A in 1974. The purpose of the R-10 district is to provide lands that accommodate new residential neighborhoods and encourage the conservation of existing residential lots and neighborhoods. Neighborhoods in the R-10 district are relatively low density in character and include a limited mix of single family and duplex housing types. As currently zoned, the site would be permitted up to 15 dwelling units consisting of 10 dwelling units in the existing phase of Legacy Landing plus 5 dwelling units in the R-20 portion of the project. The proposed 24 total units equate to an overall density of 3.1 du/ac, slightly less than the 3.3 units per acre maximum density allowed in the R-10 district. It is estimated the site would generate approximately 11 AM and 14 PM peak hour trips if developed at the permitted Board of Commissioners - December 11, 2023 ITEM: 14 densities of the current R-20 and (CZD) R-10 zoning districts. The proposed (CZD) R-10 development is estimated to generate 14 AM and 17 PM peak hour trips, increasing the estimated number of peak hour trips by approximately 3 AM and 3 PM trips. The NCDOT and WMPO do not have traffic data related to Rockhill Road or Reminisce Road. The lack of available data indicates the roads do not currently experience heavy enough traffic volumes to warrant monitoring. While there is no specific data available to indicate current or anticipated impacts to roadway capacity the increase is in estimated trips generated by the proposed development is minimal. I n addition, the project will be subject to N C DOT engineering review through the driveway permitting process. 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). Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter Middle School, and New Hanover High School. Based on a generalized historic generation rate, staff would estimate the increase in homes would result in approximately 2 more students than the estimated number of students generated under existing zoning. The Comprehensive Plan designates this property as General Residential, a place type that focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low -density multi -family residential, light commercial, civic, and recreational. On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. The proposed (CZD) R-10 rezoning would provide new attached single-family homes in an area of the county that is largely single-family, detached and can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. The 2022 Housing Needs Assessment, also known as the Bowen Report, concluded there is an estimated overall housing gap of 12,147 rental units and a gap of 16,875 for -sale units within the county over the next 10 years. The proposed project is being developed by Habitat for Humanity which typically provides housing opportunities within the range of 30-80% AMI. The Housing Needs Assessment estimates an overall housing gap of 5,923 rental units and 5,670 for sale units within the range of 30-80% AMI. Additionally, no critical environmental features have been identified on the property and the project proposes 32% open space, 12 more than the minimum required for performance residential developments. The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed density and housing type are in line with the recommendations of the General Residential place type and the proposed development would act as an appropriate transition between the road and existing residential development. The Planning Board considered this application at their November 2, 2023 meeting. No one from the public spoke in support or opposition to the request. The Planning Board voted (6-0) to recommend approval of the petition with no additional conditions. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type is within the recommendations of the General Residential place type. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the project provides additional housing diversity in the area. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - December 11, 2023 ITEM: 14 Sustainable Land Use & Environmental Stewardship o Through planned growth and development, residents have access to their basic need ■ Connect residents to basic needs through a variety of housing and transportation options. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The Wrightsboro area has been designated as General Residential within the Comprehensive Plan. The plan recommends a single-family and duplex residential development at a density of no more than 8 dwelling units per acre. The scale and density of the proposed development is within the recommendations for the place type and the proposed housing type provides transitions from the road to existing residential uses. As a result, Staff concurs with the Planning Board and suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type is within the recommendations of the General Residential place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project provides additional housing diversity to the area. Alternative Motion for DEN IAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type are in line with the recommendations of the General Residential place type. I find DENIAL of the rezoning request is reasonable and in the public interest because the project's housing type does not match existing neighborhood development patterns in the area. ATTACHMENTS: Z23-19 BOC Script Z23-19 BOC Staff Report Z23-19 Zoning Map Z23-19 Future Land Use Map Z23-19 Mailout Map Z23-19 Application Co\er Sheet Z23-19 Concept Plan Co\oer Sheet Z23-19 Concept Plan Z23-19 Application Public Comment Z23-19 Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - December 11, 2023 ITEM: 14 COMMISSIONERS' ACTIONS: Board of Commissioners - December 11, 2023 ITEM: 14 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-19) Rezoning Request (Z23-19) — Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 7.95 acres zoned (CZD) R-10, Residential and R-20, Residential located at 1728 Rockhill Road to (CZD) R-10, Residential for a maximum 24 dwelling units. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? b. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning. 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 General Residential place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project provides additional housing diversity to the area. (If conditions are attached include as part of the motion) Approval is subject to the applicant signing an agreement acknowledging the applicant's consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. Board of Commissioners - December 11, 2023 ITEM: 14- 1 - 1 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. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type are in line with the recommendations of the General Residential place type. I find DENIAL of the rezoning request is reasonable and in the public interest because the project's housing type does not match existing neighborhood development patterns in the area. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a CZD R-10 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 - December 11, 2023 ITEM: 14- 1 - 2 STAFF REPORT FOR Z23-19 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-19 Request: Rezoning to a Conditional R-10 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Cape Fear Habitat for Humanity, Inc. Location: Acreage: 1728 Rockhill Road 7.65 PID(s): Comp Plan Place Type: R0851 8-001-014-002, R08518-001-014-001, General Residential R08518-001-014-003, R0851 8-001 -001 -000 Existing Land Use: Proposed Land Use: 10 lot conventional subdivision and vacant, Maximum 24 dwelling units. 14 new attached wooded land. single family dwelling units in addition to 10 existing single family residential lots. Current Zoning: Proposed Zoning: (CZD) R-10, Residential and R-20, Residential (CZD) R-10, Residential LAND USE n � North a Rockhili.Rd � ry ,+ Rockhill Rd — Site W o Site 7v °n ar a ° Svvarty lle Rd� 0 Future Land Use y GENERAL RESIDENTIAL Y J_ n a� COMMUNITY MIXED USE Ne CONSERVATION 0 Z23-19 L SURROUNDING AREA I LAND USE ZONING North Single Family Residential R-20 East Single Family Residential R-20 South Single Family Residential R-20 and CZD R-10 (Legacy Landing Phase 1) West Single Family Residential R-20 and CZD R-10(Legacy Landing Phase 1 ) Z23-1 9 Staff Report BOC 1 2.1 1.2023 Page 1 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 1 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area 1 OA) March 3, 2021 Legacy Landing Phase 1 rezoned to (CZD) R-10 for 10 residential lots. January 10, 2022 Legacy Landing Phase 1 modification to add a stormwater pond. COMMUNITY SERVICES Water/Sewer Public water and sewer services are available from CFPUA through an extension of existing utilities in Legacy Landing Phase 1 . Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Cape Fear Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological No known archaeological resources Z23-1 9 Staff Report BOC 1 2.1 1 .2023 Page 2 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 2 LEGACY LANDING PHASE 1 - APPROVED Single Family f ff� fs 'r Lots f� j f I iPs .. 1 m $f f -`re �� fsl '+NP a[ WNDA SRwNauiM IV wR WfMf a5w5x'Y' i1 �ies� ff � wKr 1 D I -p m n62ioo-wD f of Rol M Pa M Iws f I f ftj j 1D•.m' aEm mwuru fASfLE1R _J O Liz f �k V) 33,SSg ]lE R El£MWi 1y f HORSEY J LC wwr INE MLgIF IMI131y A f � flgPP,tn .�. h°,ilzll9 13npu' fafaw 2 f ]Bev -laM xf9 ta[m f LOT 2 `w w f£V95M W mw1Y CUFB[Y cl' LD[ 4 w10 PSNNNDEM Wa 1' �� MMifR', I¢N DINR CIPDX LRBi . I fu PAFce�, o: MD25co-cD3-1D1-059 g �53 FG. I t15 - 1 �� l4� 5'Ra'°9tlN N45 AIGNIS 1 TD USE TMS P°IGlNII pF eI.iM1MRI. f f ¢pX�6CPPER fiEdi4 f 4]� H2O41U2.NB2 tnmeD,Wexfa APFlEVAl1EY a 33?WSM,[fiel 1 f N YOW189�81 SECIIDN 3 MEY f f Mmere sueolrcvcM rw IuxRr caescv MM. 59 PL 352 f 1 f -A PI 51 P1 1wl¢ I f wT li3-Z 1 �w RR "oR Psw1 f DAI✓CW CL I AY PIACa16. AD'L`OD-W3E099-WO f r. rtRWU rut PA9[El ozwroat-mo--000 f m sD33 Pc. ae9D CM �sarx ove i�1.ar lel�an i es �t3fp0.,°! a Hi3g70T 1 E30.,'35'?MY r33,01' 1 sxo 9 s O 132 Wso p IDA08 m R. O i 'Wu SO P? 8 °.a31 uAFS 10.1m aaa6 ACFFs � � ¢z52 rates p _ 8 10.836 50. FT. O / 02:0 FL9°.S 8 1M. A�[RES ff5 t1615� PS _L 1° _l9•� _W orsey W Lane PIS � RS IPS I �n•dr� c MCIRPICN Wa4 � 21i628 5a. ff. � -- �o ,1. xiw. 9 O O ja ;g 0.2)5 •MfiS "' � - $ 1D,M83 SD A. -~ eP :' Pffi AlA6 T � P WN x a.. ' Dsre ficafs P]19IIND 30' WOE 1lreMa' �' PER 18y N PG, 290 M¢ W � It G S] _xeM'+5N - � s 998 Road Stub to Adjacent Parcel nN�uCEML HgXEY lND RPIE E eaniY �. 65 A3- 31fi DRixI°D D*�sim PBR ¢uw saver, .IM, fSiUN PLXEI, fB(iNf 8a°fT rs, IMEwP wawa, fr. u.' aB. SJ F"- 9fi R .. .g. swaf sf5 (xassl _ 9320151.2H29 .1m 58816'19i S8L16' a a ' 38e36p°t ?y irouq ;dry Nff 7 IPS \\ 3°.1'30'211•[]d::::: -. t IJP21 I -�Brlo f t3.&i a rf. � aais aa°s �_ 95 M1/ ;%r# DZM1 lCRE5 • Legacy Landing Phase 1 is a 10-lot conventional subdivision on a cul-de-sac with two stormwater lots on the western side of the development. • The concept plan includes a road stub to the north for future development. • The density of Legacy Landing Phase 1 is 2.24 dwelling units per acre. • Legacy Landing Phase 1 was originally approved in March 2021 with a subsequent rezoning modification approved by the Board of Commissioners in January 2022 to accommodate stormwater requirements. • The Legacy Landing Phase 1 final plat was recorded in May 2023 and single-family detached home construction is currently underway. Z23-1 9 Staff Report BOC 12.1 1.2023 Page 3 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 3 APPLICANT'S PROPOSED CONCEPTUAL PLAN t Rockhill Road Nor,n Proposed d�SR �33�� Legacy Landing Phase 2 fIk irexs t I LIX G f Attached r Single Family Approved - Legacy Landing Phase 1 Detached Single Family I 1; O I frl-- r o I �I .y I V Fa Mm®Iba� �yy 0 I ui. wsau.i.i _ I1I 1 jr p Pro osed u N ' ' Stormwater ExistDo f _ _�_ Rom; _� Ong rsey Lane Phase I � I ieh.oma �; �`.'1 A. �^' /�\ � - (exisana. 4.87 ac- I q i at .•I Applicant's Concept Plan - Includes Staff Markups • The proposed Legacy Landing Phase 2 includes the original 10-lot Phase 1 and adds 2.7 acres to the north to accommodate 14 additional dwelling units in the form of 7 pairs of attached dwellings. • Dwelling units are paired and will share a common wall; however, each dwelling unit will be on an individual lot. • The concept plan proposes an extension of Dorsey Lane north to Rockhill Road creating an interconnected loop between Reminisce Road and Rockhill Road. Z23-1 9 Staff Report BOC 1 2.1 1.2023 Page 4 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 4 • In addition, a stormwater management system and open space is proposed between the housing types, along with additional open space along Rockhill Road. • Phase 1 combined with the proposed Phase 2 results in a maximum of 24 dwelling units. • The proposed rezoning is intended to integrate both phases into one uniform conditional zoning classification with an overall density of 3.1 dwelling units per acre, a slight increase over the density of Phase 1. ZONING CONSIDERATIONS • The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 district was to ensure housing served by private septic and wells would be developed at low densities. Since that time, public water and sewer services have become available to the surrounding area. • While R-20 is the predominant zoning district in the area the Walnut Hills Subdivision to the west was zoned R-10 and the North Oakley Circle Subdivision to the east was zoned R-15 as part of Area 1 OA in 1974. • Since that time the surrounding area has seen gradual shifts toward slightly higher density residential development such as the Bountiful Village Subdivision to the south zoned CZD R- 1 0 in 2018, the Habitat for Humanity project on Castle Hayne Road zoned R-10 in 2020, and the adjacent Legacy Landing Phase 1 zoned CZD R-10 in 2021. • As currently zoned, the site would be permitted up to 15 dwelling units consisting of 10 dwelling units in the existing phase of Legacy Landing plus 5 dwelling units in the R-20 portion of the project. • The R-10 district was established to provide lands that accommodate new residential neighborhoods and encourage the conservation of existing residential lots and neighborhoods. Neighborhoods in the R-10 district are relatively low density in character and include a limited mix of single family and duplex housing types. • The proposed 24 units equate to an overall density of 3.1 du/ac, slightly less than the 3.3 units per acre maximum density allowed in the R-10 district. • If approved the project would be developed under the Performance Residential development standards which requires a minimum 20-foot buffer, commonly referred to as a "performance buffer," along the project boundary. The performance buffer is a setback and does not require vegetation or fencing. • The project also proposes 32% open space, 1 2% more than the minimum required under the Performance Residential development standards of the UDO which requires 20% open space. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z23-1 9 Staff Report BOC 1 2.1 1 .2023 Page 5 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 5 AREA DEVELOPMENTS Z23-19 Staff Report BOC 1 2.1 1.2023 Page 6 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 6 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 15 dwelling units. PROPOSED ACCESS Primary Access Rockhill Road Secondary Access Reminisce Road at the intersection of Reminisce and Dorsey Lane EXISTING ROADWAY CHARACTERISTICS Affected Roadway I Rockhill Road Reminisce Road Type of Roadway Secondary Road Secondary Road Z23-19 Staff Report BOC 1 2.1 1.2023 Page 7 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 7 Roadway Planning 4,000* 4,000* Capacity (AADT) Latest Traffic Volume N/A N/A (AADT) Latest WMPO Point -in -Time N/A N/A Count (DT) Current Level of Congestion Available Capacity Available Capacity Source of Planning Capacity: WMPO Sources Source of Latest Traffic Volume: N/A Source of WMPO Point -in -Time County: N/A NEARBY NCDOT STIP ROADAWAY PROJECTS U-5863 — Castle Hayne - Widen castle Hayne Road into multi -lanes from 1-140 to Road Improvements Division Drive. Right -of -Way acquisition and utilities is (post-2029 Completion) currently scheduled to take place in FY 2025, with construction beginning after 2029. TRAFFIC GENERATION Traffic Generated Traffic Generated by Potential Impact of by Present Proposed Proposed Designation Designation Designation AM Peak Hour Trips 11 14 +3 PM Peak Hour Trips 14 17 +3 Typical Development with Existing Zoning — 15 single family detached dwellings. Assumptions Proposed Development — 10 detached single-family dwellings and 14 attached single-family dwellings Sources Source of Trip Generation: ITE Trip Generation Manual, 1 11h Ed. TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The NCDOT and WMPO do not have traffic data related to Rockhill Road or Reminisce Road. The lack of available data indicates the roads do not currently experience heavy enough traffic volumes to warrant monitoring. While there is no specific data available to indicate current or anticipated impacts to roadway capacity the increase in estimated trips generated by the proposed development Rockhill Road and Reminisce Road do not have listed planning capacities. The WMPO and DOT use a base 4,000 vehicles per day for these road types because it is the minimum threshold necessary for DOT to discuss roadway capacity improvements. Z23-1 9 Staff Report BOC 1 2.1 1.2023 Page 8 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 8 is minimal. In addition, the project will be subject to NCDOT engineering review through the driveway permitting process. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The remainder of the property is within the Shaded Zone X (0.2% annual flood risk) Special Flood Hazard Area. This is considered an area of moderate to low risk and is not subject to floodplain development requirements or density restrictions for new development. • The property is within the Ness Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (Moderate Limitation) soils. CFPUA public water and sewer are available through utility extensions from Legacy Landing Phase 1. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter Middle School and New Hanover High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 15 dwelling units would be permitted under the current R-20 and (CZD) R- 10 zoning base density, and 24 units could potentially be developed under the proposed zoning for an increase of 9 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 2 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. Between the 2020-2021 school year and the 2023-2024 school year, total student population decreased by approximately 300 students, while over 11,000 new residential units were constructed. • The county uses the most current New Hanover County Schools Facilities Needs Study in its analysis and it currently shows the student population is anticipated to only grow by approximately 1,300 students over the next 10 years. However, a more recent New Hanover County School Facility Utilization Study presented to the School Board in September 2023 indicates only approximately 400 more students by the 2032-2033 school year, though numbers are anticipated to be higher during certain school years over the next ten years. This updated study has not been fully reviewed by Planning staff or presented to the Board of Commissioners. That is expected to occur in early 2024. Z23-19 Staff Report BOC 1 2.1 1.2023 Page 9 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 9 Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development 10 single-family Approximate** Total: 2 dwellings (1 elementary, 0 middle, 1 high) Typical Development 15 residential units Approximate** Total: 3 Under Current Zoning (2 elementary, 1 middle, 1 high) Proposed Zoning 24 residential units Approximate** Total: 5 (2 elementary, 1 middle, 2 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an average of 0.21 public school students (0.10 for elementary, 0.04 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2023-2024 School Year) Total Enrollment of Capacity of Capacity of Funded or Level NHC School Assignment Assigned Assigned Planned Capacity School School School Capacity w/Portables Upgrades Elementary 88% Wrightsboro 484 595 81 % None Middle 88% Holly Shelter 818 991 83% None High 100% New 1531 1678 91.2% None Hanover *Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year. **Capacity calculations were determined based on the capacities for the 2023-2024 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. • The more recent New Hanover County Schools School Facility Utilization Study has been prepared and was presented to the School Board in September 2023, and it identifies updated capacity upgrade projects that will be presented to the Board of Commissioners at the planned work session in early 2024. Z23-19 Staff Report BOC 1 2.1 1.2023 Page 10 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 10 New Hanover County Strategic Plan On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis The strategic objective to achieve this desired outcome includes the provision of a variety of housing options. The proposed CZD R-10 rezoning would Through planned growth and provide new attached single-family homes in an area development, residents have access to of the county that is largely single-family, detached their basic needs. and can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. The 2022 Housing Needs Assessment, also known as the Bowen Report, concluded there is an estimated overall housing gap of 12,147 rental units and a gap of 16,875 for -sale units within the county over the next 10 years. The proposed project is being developed by Habitat for Humanity which typically provides housing opportunities within the range of 30-80 % AMI. The Housing Needs Assessment estimates an overall housing gap of 5,923 rental units and 5,670 for sale units within the range of 30- 80% AMI. No critical environmental features have been Natural areas and critical environmental identified on the property and the project proposes features are enhanced and protected. 32% open space, 1 2% more than the minimum required for performance residential developments. Z23-19 Staff Report BOC 1 2.1 1.2023 Page 11 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 11 Representative Developments Representative Developments of Single Family Residential: Legacy Landing Phase 1 Subdivision Apple Valley Subdivision Z23-19 Staff Report BOC 12.1 1.2023 Page 12 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 12 Representative Elevation of Proposed Attached Single Family Dwellings Rb* I A2 Fnkvxo and Front Porch Entmnw Wd From Porch FRONT ELEVATION FRONT ELEVATION DLO BEDROOM DUPLEX THREE BEDROOM DUPLEX Context and Compatibility • The property is centrally located along Rockhill Road approximately midway between Castle Hayne Road and higher density residential west of the 1-140 corridor. The site is also north of the Wrightsboro community and south of the GE employment center. • Existing comparably zoned neighborhoods have been in existence since the adoption of initial zoning for the area which includes a mix of small and large single-family dwellings. • With the extension and availability of public water and sewer, developments within the recommendations of the General Residential place type have been approved in the area. These developments, while considered lower density, are slightly higher than existing surrounding development. • Additional future residential growth within the General Residential place type recommendations is anticipated in this area. • The proposed attached housing type increases housing type diversity in the area and acts as a transition between Rockhill Road to the north and lower density housing to the south. • The proposed density of 3.1 du / ac is below the maximum allowed for the R-10 zoning district and less than the maximum recommended for the General Residential place type. 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. Z23-1 9 Staff Report BOC 1 2.1 1.2023 Page 14 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 14 LAND USE ' n ` North a�. Rockhill-Rd-� 7. o Rockhill-Rd--- � Site con.D,.. a' SNlerfvilIeRd. o L �4 Z� O Future Land Use m GENERAL RESIDENTIAL c COMMUNITY MIXED USE .: -- — -1 - -- Ca\,%e`i Ne CONSERVATION C= Z23-19 Future Land Use General Residential Map Place Type Focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low -density multi -family residential, light commercial, civic, and recreational. The property is centrally located along Rockhill Road approximately midway between Castle Hayne Road and higher density residential west of the 1-140 corridor. The site is also north of the Wrightsboro community and south of the GE employment center. The proposed density of 3.1 du/ac is within the density range of 0-8 du/ac recommended for the General Residential place type. The proposed housing type is also within those recommended for the place Analysis type. With the extension and availability of public water and sewer, developments within the recommendations of the General Residential place type have been approved in the area. These developments, while considered lower density, are slightly higher than existing surrounding development. Additional future residential growth within the General Residential place type recommendations is anticipated in this area. The proposed rezoning request is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the proposed density and housing type are in Recommendation line with the recommendations of the General Residential place type and the proposed development would act as an appropriate transition between the road and existing residential development. Z23-1 9 Staff Report BOC 1 2.1 1 .2023 Page 15 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 15 PLANNING BOARD MEETING The Planning Board considered this application at the November 2, 2023 meeting. No one from the public spoke in support or opposition to the request. The Planning Board voted (6-0) to recommend approval of the petition with no additional conditions. The Planning Board found the application 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 General Residential place type. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the project provides additional housing diversity in the area. STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The Wrightsboro area has been designated as General Residential within the Comprehensive Plan. The plan recommends single-family and duplex residential development at a density of no more than 8 dwelling units per acre. The scale and density of the proposed development is within the recommendations for the place type and the proposed housing type provides transitions from the road to existing residential uses. As a result, Staff concurs with the Planning Board recommendation and suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type is within the recommendations of the General Residential place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project provides additional housing diversity to the area. 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. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type are in line with the recommendations of the General Residential place type. I find DENIAL of the rezoning request is reasonable and in the public interest because the project's housing type does not match existing neighborhood development patterns in the area. Z23-1 9 Staff Report BOC 1 2.1 1 .2023 Page 16 of 16 Board of Commissioners - December 11, 2023 ITEM: 14- 2 - 16 Case: LL3-1v ' RdZkhil Site Address: 1728 Rockhill Road 1pZoning 0 0 R-15 0 R-20 CZD 0 .. a Z23-19 o 0 L% k Existing Zoning/Use: R-20 & (CZD) R-10 Proposed Zoning/Use: (CZD) B-2 't �' =- m o=� s Granite Ln _ 1 h� r° � (CZD) R-10 Site Fa�� Board of Commissioners - December 11, 2023 ITEM: 14- 3 - 1 New Han N A* Z23-19 Rc Site Address: 1728 Rockhill Road T71 Brier e! U LU V Existing Zoning/Use: R-20 & (CZD) R- 10 Site Ix Future Land Use GENERAL RESIDENTIAL Z23-19 0 Board of Commissioners - December 11, 2023 U ITEM: 14- 4 - 1 Proposed Zoning/Use: N (CZD) B-2 A* ill Rr1,-1- Granite- Rockhill Rd New Hanov6r County NC r nc,m- Site Address: Z23-19 1728 Rockhill Road 4�7 Existing Zoning/Use: R-20 & (CZD) R-10 0 Site Proposed Zoning/Use: (CZD) B-2 A* N Nearby Properties Z23-19 Parcels within 510 ft Board of 1 Initial Application Documents & Materials Board of Commissioners - December 11, 2023 ITEM: 14- 6 - 1 Concept Plan Board of Commissioners - December 11, 2023 ITEM: 14- 7 - 1 I II I I I I I I I I I I I 11► I I I l I I I I � I I� I� 1 I c) I I 1 1 1 I SLLJ O l0 - n/f Hollyann Victor Montalban D.B. GOG I -1309 Zoning: R-20 Land Use: Residential n/f Michael Hill etal D.B. 348-G73 Zoning: R-20 Land Use: Residential - II n/f Mirna Reyes Garcia D.B. G03G-2890 Zoning: R-20 Land Use: Residential �- Vicinity Map _ (No Scale) Rockhlll Ex 8 Public Water � Load / SR I - - -- 331 - _ (60l Public R/w) i3a 35 365 83° 3 �� E I \ \ n/f Travis Kelly Robison D.B. G520- 1 793 Zonmg: R-20 Land Use: Residential I n/f Romiro RogUe D.B. G447-881 Zoning: R-20 Land Use: Vacant I I � 1 LA I I I3G27\f. I I Lot 12 I 1 I3GO4 s.f. I i I \ f --- II 1 I I Lot 13 I 3582 s.f. I \ �r Lot 14 ISO I 35G0 s.f. I 1 I I �I Lot 15 I cnI 3537 s.f. N I Lot II G ° 35 15 s`f. I ; z � � I \ I \\ Lot 17 I ; \ 3492 s.f. \ I I Lot 18 I I343G s.f. I / 2 1 7.70' I I / � c I � j in I I � I I IJ I I I Lot 24 3728 s.f. I I _ I Lot 23 I 3571 s.f. I \I I Lot 2 2 \ 3773 s.f \ O I Lot 2 1 \ -36 I 3795 s.f..\ O N 1 I Lot 20 \� \ N Phase 2 1 (Proposed) I 381 8 s.f. o I � 19 ) 2.78 ac.± LTG7 t Is.f:\ \ \ 5. 4' I- _ - - S 83°34'20" E 2GG.0 � / / "- �� \ I III/ I 2'' 2 N Open / / /� \\ 20' Perimeter Setback Space I III I I Lot I 1 III ' Open 10,049 s.f. _ IF I I U) I S ace ' \ IIII w p Lot 2 Lot 3 1 I / I l I III l 6�1 1 0, 122 s.f. 10,89G s.f. I Lot 4 I 1111 I ; I 10,979 s.f. Proposed 5tormwater \ IIIIII QI 1 I �� Pond I Designed to 100-Year Storm J Criteria Emergency Overflow to Swale III I I I ; Connect to Open \ % IIII _ Ex15t1n63 Pavement -� ``` I eft - Pavement � LW I l-'J �� \ _ - I I W- 1 2 La/� ors y ' _ - Extend - - Ex. Public l� Water S _ l Sewer - Mains 3 I 73 I I c I I � I I � l IUI ICI I l I I I I I l n/f Lelin Omar Giron Cruz D.B. 5953- 1 1 15 Zonmg: R-20 Land Use: Residential n/f ieline Elaine :ins Heirs D.B. 2G58-899 Zoning: R-20 Land Use: Residential Tree Preservation Notes: I . Tree Preservation / Removal Permit is required prior to clearing f, land disturbance. 2. Prior to any clearmg, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Label protective fencing with signs to be placed every 50 linear feet, or at least two (2) per area, in both Enghsh f- 5pani5h "Tree Protection Area: Do Not Enter." 5tormwater Management Notes: 1 . 5tormwater management will meet County * State requirements. Total 1lmlt5 of disturbance will be greater than one ( I ) acre. A Land Disturbance Permit will be required. Utility Notes: 1 . Extensions of public water � sanitary sewer services are available from existing mains in the Cape fear Public Utility Authority system. 2. All utility services, such as electric power, CATV, gas * telephone shall be installed underground. 3. solid waste disposal will be serviced by privately contracted cart pickup. 27 26 2 (50' Private 1�/IN) son in- S I i awn M, �/ w I Ili I - yY° �- \ Lot 5 II II 11111 If 13,G20s.f. I I I If o I /• n/f Willard Marcella Garrett D.B. G04G-2714 Zoning: R-20 Land Use: Residential II II IIIIII1 I�Ili1 , I'll / / ,� � I ® Phase 1 1I II Ij 1111 Ilj II I ; 1 ; I r _ -� i --- (Existing) 1 Il 1 1 `-° 1 11 111 III Existing I I I I 1 - \ o I I 5tormwater 1 1 I l _ \ m / I 4.87 ac.± I I I I I I Pond 1 1 II II II1E lI111I 1 I r II II Ilplll Illl/I I I Lot 10 I I I - II II Il I 11111 I I I I Lot G I I I I l l 1lll I I l l l l I 1,979 s.f. I 12,251 s.f. I II II 1111 I \` � z �II I I Jill III fill II I Lot 9 Lot 8 -LL i - I 11 IL----- I I I I I I 1 ; 10,998 s.f. 10,84G s.f. /.�`// I 1 1 Lot 7 I 12,549 s.f. / 30' Utility E5mt. ---- - Open I 20' Perimeter 5etback Space N 8G° 45" W •-I.0 n/f Jacquelyn Martin etal D.B. G514-471 Zoning: R-20 Land Use: Residential Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all federal, State * New Hanover County regulations. CARo, v .......... •o�F��`�, rs - December 11 2023 n/f Jeremy Kadylak D.B. 4950-2523 Zonmg: R-20 Land Use: Residential Site Inventory Notes: I. soils: Cr (Craven fine sandy loam) / Ls (Lynchburg fine sandy loam) No (Norfolk fine sandy loam) On (Onslow loamy fine sand) Wo (Woodington fine sandy loam) 2. This property 15 not impacted by any AEC. 3. There 15 no evidence of Conservation Overlay resources. 4. This site 15 not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing regulated trees will be field located before detailed design and permitting. 7. There is no evidence of jurisdictional wetlands. 8. There is no evidence of endangered species or habitat issues on the site. 9. This tract is not impacted by any special flood Hazard Area as evidenced on fEMA Map 3720322000K, dated August 28, 2018. 10. The site runoff will flow into the Ness Creek Watershed. j Cr L5 No Project No.: 23-40 Scale: 1"=40' Date: 1 0/02/23 Pevisons: 0/ 1 7/23 for 5tormwater Comments On n/f Arias Oscar Dejar etal D.B. G072-G 19 Zoning: R-20 Land Use: Residential Wo � 1 Development Data: Total Tract Area - minus Class IV soils - (not applicable) minus Natural water features - (not applicable) Total Development Area - Performance Residential Density - 7.G5 ac. @ 3.3 units/ac. (R-1 0 Density) _ Total Units Permitted - 25 " 24 Units Proposed " Area in Lots - 3.50 ac.± Area in Public R/W - 1 .40 ac.± Open Space/Common Area - 2.4G ac.± Total Tract Area - 7.G5 ac.± Open Space 5eta5ide: 7.G5 ac. X 20% = 1.53 ac. * 2.4G ac.± Provided " 7.G5 ac. -0- -0- / 25 - -I - - - Andrew Gordon Fairfull D.B. 5GGG-9G3 Zoning: R-20 Land Use: Residential To ,Existing Ditch - - -26 -28 n/f Chocotaw American Insurance, Inc. D.B. G517-2417 Zoning: R-20 Land Use: Residential General Notes: I . New Hanover County Parcel Nos.: 32201 3.04.42GG 322013.04.3 1 G5 [PID R02500-003-1 1 5-0001 [PID R02500-003-1 I 1-0001 3220 13.04. I 1 18 322013.04.3399 [PID R02500-003-1 14-0001 [PID R02500-003-107-0001 32201 3.04.2450 322013.04.4145 [PID R02500-003-004-0001 [PID R02500-003-1 10-0001 32201 3.04.2 127 322013.04.5 155 [PID R02500-003-1 13-0001 [PID R02500-003-109-0001 N 32201 3.04.24GO 322013.04.5235 [PID R02500-003-105-0001 [PID R02500-003-108-0001 32201 3.04.2 1 9G 322013.04.5579 [PID R02500-003-1 1 2-0001 [PID R02500-003-097-0001 322013.04.3339 322013.04.G 1 10 [PID R02500-003- I OG-0001 [PID R02500-003-104-0001 2. Tract Area: GO,240 s.f.± (I .38 ac.) W E 3. Current Zoning District: R-20 f- (CZD) R- 10 Proposed District - (CZD) R-1 0 4. Comprehensive Plan Classification: 5 General Residential Graphic Scale 40 30 20 10 0 20 40 80 Property Address: Dorsey Lane NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) 1 2 3 4 5 6 7 Pre -Application Community Application Planning Public Hearing Planning Board Board of Post -Decision Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions JRC Optional) mendation Decision 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cape Fear Habitat for Humanity, Inc. Cindee Wolf Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 3310 Fredrickson Road City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28401 Phone Phone 910-620-2374 910-7624744 x116 (Contact: Wendi Clawson) Email Email cwolf@lobodemar.biz wendi@capefearhabitat.org Board of Commissioners - December 11, 2023 Page 1 of 7 ITEM: 14- 9-donditional Zoning District Application — Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) See Attached List See Attached List Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 7.95 ac. R-20 & (CZD) R-10 General Residential 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) R-1 O Total Acreage of Proposed District: 7.95 ac. Maximum Residential Density (if applicable) 24 Residential Units / 3.02 units/ac Maximum Non -Residential Square Footage (if applicable) N/A Please list all of the specific 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. Board of Commissioners - December 11, 2023 Page 2 of 7 ITEM: 14- 9-8onditional Zoning District Application — Updated 06-2023 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. REFERENCE SITE PLAN FOR LAYOUT, PROPOSED IMPROVEMENTS AND DETAILS. 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. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Single-family Homes Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 24 dwelling units AM Peak Hour Trips: 18 I PM Peak Hour Trips: 24 Board of Commissioners - December 11, 2023 Page 3 of 7 ITEM: 14- 9-&nditional Zoning District Application — Updated 06-2023 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. 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. Board of Commissioners - December 11, 2023 Page 4 of 7 ITEM: 14- 9-6onditional Zoning District Application — Updated 06-2023 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Board of Commissioners - December 11, 2023 Page 5 of 7 ITEM: 14- 9 -conditional Zoning District Application — Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial ❑ This application form, completed and signed (all property owners must sign signatory page) CAW ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ❑ Community Information Meeting Report (complete and signed by agent or all property owners) CAW ❑ Traffic Impact Analysis if applicable (use of attached report document is recommended) • 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. N/A ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW ❑ Conceptual Plan including the following minimum elements [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of - way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW Board of Commissioners - December 11, 2023 Page 6 of 7 ITEM: 14- 9-&nditional Zoning District Application — Updated 06-2023 ❑ Documentation on soil types and infiltration rates if underground stormwater facilities proposed CAW El One (1) digital PDF copy of ALL documents AND plans CAW 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owners) Signatu of Applicant/Agent Lauren McKenzie- Cape Fear Habitat Print Name(s) Cynthia Wolf - Design Solutions Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request of the scheduled meeting and are under no obligation to grant the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as published an the New Hanover County Planning website will be required. Board of Commissioners - December 11, 2023 ITEM: 14-- 7 Page 7 of 7 anditionol Zoning District Application — Updated 06-2023 Lot 5 / 1628 Dorsey Lane PIN - 322013.04.5295 / R02500-003-108-000 Deed Book: 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Signa ure of Applicant/Ag Kari Reddick Print Name(s) Cynthia Wolf / Design Solutions Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be colendared for the next meeting and no fee will be required. if delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 7 of 7 Board of Commissioners-(F04"rzprir%01?Ntrict Application - Updated 06-2023 ITEM: 14- 9 - 8 --I M %. oard of Commissioners - December 11, 2023 Legal Description for Conditional Zoning District to Add Lands to Legacy Landing Beginning at a point in the eastern boundary of Reminesce Road (SR 2754), a 50' public right-of- way; said point being located southwardly 582.40 feet from its intersection with the southern boundary of Rockhill Road (SR 1331), a 60' public right-of-way; and running thence: South 83012'00" East, 130.00 feet to a point; thence North 06048'00" East, 177.60 feet to a point; thence South 83031'59" East, 115.74 feet to a point; thence South 83034'20" East, 266.02 feet to a point; thence North 05037'25" East, 405.76 feet to a point in the southern boundary of Rockhill Road; thence with that right-of-way, South 83034'20" East, 217.70 feet to a point; thence South 05037'25" West, 100.00 feet to a point; thence South 84022'35" East, 15.00 feet to a point; thence South 05037'25" West, 670.61 feet to a point; thence North 86000'45" West, 622.74 feet to a point; thence North 06048'00" East, 163.61 feet to a point; thence North 83012'00" West, 130.00 feet to a point in the eastern boundary of Reminesce Road; thence with that right-of-way, North 16048'00" East, 50.00 feet to the point and place of beginning, containing 7.95 acres, more or less. Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 11 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 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) See Attached List See Attached List Meeting Date and Time Thursday, September 28, 6:00 p.m. Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid In Person Shelter #2 NHCo Northern Regional Park Selection Criteria for Location Closest proximity of a County Park facility to the project location Meeting Summary Issues and Concerns Discussed at Meeting Board of Commissioners - December 11, 2023 Page 1 of 2 ITEM: 14- 'c b, ?nunity Information Meeting Report — Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) 1►rm 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 Applicant Initial ❑ A list of names and addresses of attendees CAW ❑ A list of the names and addresses of invitees and copies of any returned mailings received to date CAW ❑ A copy of the mailed notice with all attachments CAW ❑ A copy of all materials distributed or presented at the meeting CAW Acknowledgement and Signatures 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] September 13, 2023 . 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. la \V� � Cynthia Wolf - Design Solutions Y 9 5ignat a of Applicant or Appli ant's Agent Print Name 09/29/23 Date Page 2 of 2 Board of Commissioner5C-OpppA I*JrlhnAQ(pMeeting Report — Approved 06-2022 ITEM: 14- 9 - 13 Community Information Meeting 1728 Rockhill Road Date: Thursday, September 28, 2023 Name Address Email (Optional) Dan Hurley 3212 Ruby Lane Tel. Inquiry Ramiro Roque 1720 Rockhill Road c3 ��v'C�l�l��,�- CLO*OG E N,SP( C�� a cG . a�.R> co Wendy Clawson Cape Fear Habitat wendi@capefearhabitat.org Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 14 Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 15 Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 16 Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 17 ADJACENT PROPERTY OWNERS WITHIN A 500' PERIMETER OF 1605 - 1628 DORSEY LANE & 1728 ROCK HILL ROAD: SUBJECT PARCEL OWNER CAPE FEAR HABITAT FOR HUMANITY INC 3310 FREDRICKSON RD WILMINGTON NC 28401 ADJACENT PROPERTY OWNERS MAILING ADDRESS CITY / STATE / ZIP 3131 REMINISCE LTD PTRNP 2840 S COLLEGE RD #319 WILMINGTON NC 28412 ALKIRE NICHOLAS A 3205 REMINISCE RD CASTLE HAYNE NC 28429 ALLEN ANGELA R 3208 ERVINS PLACE DR CASTLE HAYNE NC 28429 ALLEN MARK K JR LAURA M 605 GRAVEL LN CASTLE HAYNE NC 28429 ANSON MARY K 3220 ERVINS PLACE DR CASTLE HAYNE NC 28429 BALLARD GREGORY 3127 REMINISCE RD CASTLE HAYNE NC 28429 BEJAR ARIAS OSCAR A ETAL 3132 MEMORY LN CASTLE HAYNE NC 28429 BELANGIA SCOTT K 3115 MEMORY LN CASTLE HAYNE NC 28429 BEVERIDGE LAURA A 401 GOOSE POND CT CASTLE HAYNE NC 28429 BLOODWORTH GEORGE E JR 3119 REMINISCE RD CASTLE HAYNE NC 28429 BLYTHE MARK ETAL 2119 THE PLZ CHARLOTTE NC 28205 BOYNTON TONIECE C 7308 STONE WOOD CT WILMINGTON NC 28411 BROWN SYNESE YVETTE 3213 REMINISCE RD CASTLE HAYNE NC 28429 BURGESS VINCENT L BENAYE R 3209 REMINISCE RD CASTLE HAYNE NC 28429 BYRD WILLIE R JR 1611 ROCKHILL RD CASTLE HAYNE NC 28429 CASTILLO WILFREDO APONTE 3128 MEMORY LN CASTLE HAYNE NC 28429 CHOCTAW AMERICAN INS INC 10900 NE 4TH ST STE 2300 BELLEVUE WA 98004 CIANFARRA CYPRESS ETAL 3124 REMINISCE RD CASTLE HAYNE NC 28429 COATES WESLEY R 406 SILO CT CASTLE HAYNE NC 28429 CRUZ LELIN OMAR GIRON 3202 REMINISCE RD CASTLE HAYNE NC 28429 CULBRETH GENE V SR LINDA F 4009 CHANDLER DR WILMINGTON NC 28405 DANIEL MAURICE 3123 REMINISCE RD CASTLE HAYNE NC 28429 DANIELS HELEN D JINWRIGHT 3135 REMINISCE RD CASTLE HAYNE NC 28429 DORSEY HARRY KATHLEEN L 1815 ROCK HILL RD CASTLE HAYNE NC 28429 FAIRFULL ANDREW GORDON 409 SILO CT CASTLE HAYNE NC 28429 FULLARD KIMBERLY GABRIEL 605 GRANITE LN CASTLE HAYNE NC 28429 GALINDO ACOSTA RAMON VERONICA 3120 ERVINS PLACE DR CASTLE HAYNE NC 28429 GARCIA JASMINE L 3207 REMINISCE RD CASTLE HAYNE NC 28429 GARCIA MIRNA REYES 1712 ROCKHILL RD CASTLE HAYNE NC 28429 GARRETT WILLARD MARCELLA L 1814 ROCKHILL RD CASTLE HAYNE NC 28429 GAUSE CYNTHIA ANN 3203 REMINISCE RD CASTLE HAYNE NC 28429 GLEN AT RIVENDELL COM ASSOC INC PO BOX 12051 WILMINGTON NC 28405 HALL SIXTA T 6210 COATBRIDGE LN CHARLOTTE NC 28212 HANSLEY TERRELL JUANITA 3105 SUN BEAM CT CASTLE HAYNE NC 28429 HELLER JOSEPH MELANIE GRIFFITH 414 SILO CT CASTLE HAYNE NC 28429 HERNANDEZ JOSE RAMIREZ 3116 ERVINS PLACE DR CASTLE HAYNE NC 28429 HERNANDEZ LARA DARWIN 5120 CAROLINA BCH RD #25 WILMINGTON NC 28412 HEWETT JENNENE S ETAL 3224 ERVINS PLACE DR CASTLE HAYNE NC 28429 HILL MICHAEL A ETAL 1701 ROCK HILL RD CASTLE HAYNE NC 28429 HURLEY DAN 3212 RUBY LN CASTLE HAYNE NC 28429 JACOBS CHINITA M 1905 ROCK HILL RD CASTLE HAYNE NC 28429 Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 18 JEWELL PATRICK DIANA 209 FAYETTEVILLE AVE CAROLINA BEACH NC 28428 JONES JERRY LEE JR ERIN H 413 GOOSE POND CT CASTLE HAYNE NC 28429 KADYLAK JEREMY M 3136 MEMORY LN CASTLE HAYNE NC 28429 KG PLAZA LLC 8620 RIVER RD WILMINGTON NC 28412 KING JAMES H JR CHRISTINE M 3201 REMINISCE RD CASTLE HAYNE NC 28429 KIRBY BRANDON S RAKIA M B 48 COTTAGE WAY PITTSBORO NC 27312 LEGAGNEUR PASCAL VANDA 1227 FAIRBANKS AVE BAY SHORE NY 11706 LEWIS JAMES THOMAS JR ETAL 3116 REMINISCE RD CASTLE HAYNE NC 28429 LOUGHMILLER EMILY KATHARINE PO BOX 7696 WILMINGTON NC 28406 LUTZ ERIC J 3119 MEMORY LN CASTLE HAYNE NC 28429 MANDOLA DOLORES A 3112 REMINISCE RD CASTLE HAYNE NC 28429 MARTIN JACQUELYN C ETAL 3139 MEMORY LN CASTLE HAYNE NC 28429 MONTALBAN HOLLYANN E VICTOR 4300 PEACHTREE AVE #12 WILMINGTON NC 28403 MORRIS JOHN G JR 604 GRAVEL LN CASTLE HAYNE NC 28429 MURRILL LUCILLE W 2400 ROCK HILL RD CASTLE HAYNE NC 28429 NADAUD GERMAIN 2217 MASONS POINT PL WILMINGTON NC 28405 ODONNELL MICHAEL 3120 REMINISCE RD CASTLE HAYNE NC 28429 PERKINS JACKQUELINE ELAINE HEIRS 3140 REMINISCE RD CASTLE HAYNE NC 28429 PROVENCHER PAMELA R 3128 REMINISCE RD CASTLE HAYNE NC 28429 RILEY JENNIFER D 3136 REMINISCE RD CASTLE HAYNE NC 28429 ROBISON TRAVIS D KELLY E 1716 ROCKHILL RD CASTLE HAYNE NC 28429 ROMERO JUAN TORRIE SCHAUER 3228 ERVINS PLACE DR CASTLE HAYNE NC 28429 ROQUE RAMIRO E 6912 AIDA CT WILMINGTON NC 28411 SERRANO JOSE C S ETAL 3224 N COLLEGE RD WILMINGTON NC 28405 SHUTT RONALD GERTRUD ETAL 405 GOOSE POND CT CASTLE HAYNE NC 28429 SMITH JEROME JR NATALIE J TRUSTEES 1165 NEWCASTLE CT OCEANSIDE CA 92056 SOTO GERAL R JOSELYN SANTIAGO 3131 MEMORY LN CASTLE HAYNE NC 28429 STACK ALEXANDER J 3123 MEMORY LN CASTLE HAYNE NC 28429 STEPHENS CHARISSE N ETAL 606 GRANITE LN CASTLE HAYNE NC 28429 SYKES VERA W TRUST 3206 RUBY LN CASTLE HAYNE NC 28429 TAYLOR LEON J JOEANN 3212 ERVINS PLACE DR CASTLE HAYNE NC 28429 TAYLOR LEON JEFFERSON 1 MISTY LN CASTLE HAYNE NC 28429 TEACHEY MARY KATHERINE 405 SILO CT CASTLE HAYNE NC 28429 TIPTON LOU A TRUSTEE 101 NAVAHO TRL WILMINGTON NC 28409 TRINITY TABERNACLE 1423 ELMA ST SPRING LAKE NC 28390 WHITTED CARL L HEIRS 45101 BARTLETT DR NOVI MI 48377 WHITTED CELESTINE 1725 ROCK HILL RD CASTLE HAYNE NC 28429 WHITTED LOUIS THOMAS HRS 1632 MEETING HOUSE LN VIRGINIA BEACH VA 23455 WILLIAMS GLORIA DEAN 402 SILO CT CASTLE HAYNE NC 28429 WILLIAMS LINDA RUTH ETAL 3211 REMINISCE RD CASTLE HAYNE NC 28429 WILLIAMS MELLONICE 3139 REMINISCE RD CASTLE HAYNE NC 28429 Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 19 September 13, 2023 To: Adjacent Property Owners Re: 1728 Rock Hill Road / Community Info Meeting Notice Cape Fear Habitat for Humanity, owner of the referenced tract, seeks to continue development of their Legacy Landing community. Phase 1 road improvements and homes are near completion. The proposed plan is to extend Dorsey Lane through to an intersection with Rock Hill Road, and to construct an additional fourteen (14) homes. A rezoning from the existing R-20 district to R-10 is necessary. The rezoning petition will be for a Conditional District, and requiring approval from the New Hanover County Commissioners. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, this means that only the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any other interested parties. This tract of land is within that proximity of your property. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Thursday, September 28th, 6:00 p.m., at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts. If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 20 Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 21 Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 22 Southern Environmental Group, Inc. 5315 South College Road, Suite E ∙ Wilmington, North Carolina 28412 910.452.2711 · Fax: 910.452.2899 · office@segi.us · www.segi.us October 24, 2023 Cape Fear Habitat for Humanity Wendi Clawson 3310 Fredrickson Road Wilmington, NC 28401 Wendi@capefearhabitat.org RE: Cursory Environmental Evaluation 1728 Rock Hill Road, Castle Hayne, New Hanover Co., North Carolina To whom it may concern, This correspondence is in reference to a parcel of land, totaling 2.78-acres, located at 1728 Rock Hill Road, with the parcel ID R02500-003-097-000, in Castle Hayne, New Hanover County, North Carolina. Our firm was contacted to determine if there were any wetlands or waters of the U.S. present within the boundaries of the parcel. After a thorough review of local soils and USGS topographic data, our firm conducted an on -site evaluation of the property on October 13th, 2023, to determine the extent of wetlands or waters of the U.S., utilizing wetland criteria outlined in the United States Army Corps of Engineers (USACE) 1987 Corps of Engineers Wetlands Delineation Manual (TR-Y-87-l) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (TR-10-20). After a complete inspection of the subject parcels, it is our firm’s opinion that there were no wetlands present within the boundaries of the site. However, we strongly suggest getting final concurrence from the USACE. If you need anything else, or have any questions, please feel free to contact us at (910) 515-8008. Sincerely, Noah Dean Wetlands Biologist Board of Commissioners - December 11, 2023 ITEM: 14- 9 - 23 Public Comments In Support 0 Neutral 0 In Opposition 1 Board of Commissioners - December 11, 2023 ITEM: 14- 10 - 1 1 Farrell, Robert From:Kelly Robison <krobisonus21@yahoo.com> Sent:Thursday, November 2, 2023 2:39 PM To:Farrell, Robert Subject:Concerned about the rezoning of 1728 Rockhill Rd. Follow Up Flag:Follow up Flag Status:Completed ** External Email: Do not click links, open aƩachments, or reply unƟl you know it is safe ** To whom it may concern, This is Kelly Robison, my husband and I Travis own a home at 1716 Rockhill Rd. Castle Hayne, NC 28429. We are very concerned about the rezoning of the new development at this address!The meeƟng is taking place this evening Thursday, Nov 2nd, 2023 we are not able to aƩend as my husband is sick right now and I am going through cancer treatment!We are very opposed to this as we moved to this area to be in the wooded areas out of town along with wildlife living in that wooded area, including a piebald deer, which is so rare to see in this area! We know Progress has to take place but This land is such a small area for that many homes, and what we would propose to ask if this is passed if we could please have a tree line kept there for privacy, and or request some type of barrier fence between the road of the new homes and our home property! We have Grand children that play in the backyard and are very ac Ɵve out there every day. We are their caretakers aŌer school every day and through the summer daily! This is a safety issue having a road built right next to our backyard and pool! If this is to be approved, we as homeowners also we would request to have that row of trees leŌ or a fence built per the business buying & building on this land being responsible for the building of that fence! This would be very much appreciated. If there’s anyone that could reach out to us to discuss any of this we would appreciate that also. We would like to preserve a liƩle bit of the wooded area next to the new development, and the road that’s going in for our privacy and to preserve those trees ! I hope you consider our request and respect our need for some privacy away from this new development! which is one of the biggest reasons why they moved out of the city area! Thank you, Travis & Kelly Robison 910-622-9725 Sent from my iPhone Board of Commissioners - December 11, 2023 ITEM: 14- 10 - 2 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 12/11/2023 Regular D E PA R T M E N T: Planning P R E S E N T E R(S ): Amy D o ss, Associate Planner C O N TA C T (S ): Amy D oss, Associate Planner; Robert Fa rrell, D evelopment Review Superviso r; Rebekah Ro th, Planning & L and U se D irec to r S U B J EC T: P ublic Hearing Rezoning Request (Z 23-20) – Request by C indee Wolf with Design S olu7 ons, applic ant, to rezone approximately 2.20 acres zoned (C Z D) O &I , Office & I ns7tu7onal loc ated at 2117 C astle Hayne Road to (C Z D) B-2, Regional B usiness for a maximum 18,000 square foot flex c omm ercial business spac e with limited uses. B R I E F S U M M A RY: T he applicant is pro posing to rezone approximately 2.20 acres f ro m (C ZD) O &I , O ffice & I ns0tu0onal located at 2117 C astle Hayne Roa d to (C Z D ) B -2, Regional B usiness f o r a maximum 18,000 square foot flex commerc ial business space with limited uses. T he applica nt is pro posing to co nstruct three 6,000 S F one-sto ry buildings f o r commercial flex space. T he applica nt has included a co ndi0o n restric0ng the ma ximum height of the buildings to 25 feet. T he concept pla n also includes o ne outdoor sto rage area, u0lity courtyards, parking, and sto rmwa ter ma nagement. T he applicant has also included a condi0on limi0ng the allowed uses to indo o r recrea0o n esta blishment (shoo0ng ranges prohibited), a nima l gro oming / veterinary offi c e (kennel and daycare pro hibited), business service center, contractor o ffice, offi ces for priva te business and professional ac0vi0es, personal services (general with ta<o o parlors pro hibited), instruc0o nal services and studios, genera l reta il sa les, and restaurant (no drive-thru). At the Planning B o ard mee0ng c o ndi0o ns were added regarding the lo ca0on of the dumpster, the c o ntra cto r o ffice, and the ho urs of opera0o n f o r the contractor office. T he applica nt's revised concept plan illustrates the incorpo ra0on of condi0o ns addressing noise concerns f ro m the contractor offi ce and the dumpster. T he dumpster is sho wn on the concept plan on the no rthern edge o f the property away from adjacent residents. T he contractor offi c e is now located at the back o f the property and hours will be limited to 7A M-8PM. T he subject parcel was originally zo ned R -20 when area zo ning was established in 1974. I n 2006 the property was rezoned to R -15 as part o f the Hanover L akes residen0al community. W hile R -20 and R -15 are the prima ry zo ning districts in the general vicinity, the C astle H ayne co rridor has seen an increasing shiC toward mo re co mmercial districts and uses. I n 2016 the site wa s rezo ned to (C Z D ) O &I in order to develop a co mmercial offi ce building to pro vide services benefiEng residents in the C astle Hayne Ro ad c o rridor. T he purpo se o f the O &I district is to provide lands that acco mmo date ins0tu0o nal, professio nal o ffice, and o ther compa0ble uses. T he O &I district is typically located in areas with more intense uses a nd higher density development pa<erns to support eco nomic clusters in appropria te loca 0o ns. W hile zoned (C ZD) O &I the property has not been develo ped under the condi0onal zoning district and is currently vacant. As currently zoned the site would be permi<ed to develop o ne 12,970 S F offi ce building not to exceed 20’ in Board of Commissioners - December 11, 2023 ITEM: 15 height, 44 parking spaces, and a sto rmwater management po nd located to the rear of the pro perty. U nder the current zo ning po ten0al uses include: antenna and towers less than 70’, barber/beauty sho p, child care center, o ffices f o r private business and professional ac0vi0es, princ ipa l use sign, a nd small and large recycle facili0es. A co ndi0o n of the exis0ng (C ZD) O &I zo ning district limits the maximum allowed A M and P M peak ho ur trips to less than 100 in the A M and P M. T he pro posed (C Z D ) B -2 rezo ning propo ses to retain the exis0ng condi0on. Any use o r combina0o n of uses on the site would be limited to belo w 100 A M a nd 100 P M peak hour trips. O n J uly 17, 2023 the B oa rd o f C ommissioners adopted a new strategic plan for Fiscal Years 2024-2028. T his plan focuses on three core areas: workforce and eco nomic development, community safety and well-being, and sustainable land use a nd environmenta l stewardship. T he propo sed C Z D B -2 rezoning will allo w businesses that co uld suppo rt the surrounding co mmunity to lo cate in a transi0onal area along a majo r roadway co rridor and in close proximity to a number of ho useho lds. T he purpose o f the B -2 district is to pro vide for the proper site la yo ut and development of larger format or larger structure size business uses, including big box sto res and automobile dealers. I t is also designed to pro vide f o r the appro priate loca0on and design of auto -o riented uses that meet the needs of the motoring public o r those who rely on pass-by-traffi c. T he proposed pro ject is lo cated along a minor arterial road that is currently o ver capacity. T he C astle Hayne Road widening project wo uld theore0cally decrease conges0o n in the area however it is unf unded at this 0me. Several other pro jects are currently under review o r development in the vicinity; and while their traffic impact analyses did no t take this pro posal into account, all were developed to take into acco unt genera l traffic gro wth in the area. T he o riginal rezoning condi0on limits trips to under 100 peak hour trips with the inten0o n of promo0ng less intensive co mmercial pro jects alo ng the co rridor. T he co ndi0o n remains and is included. W hile a T I A wo uld no t be required for development of the site as it exists and is propo sed, the site must be reviewed and approved thro ugh the N C D OT driveway permit pro cess. T he traffi c genera0on f o r the site is c o ndi0o ned to remain under the 100 pea k hour threshold that triggers the ordinance requirement fo r a Traffic I mpact Analysis (T I A). T he C o mprehensive Plan designa tes this pro perty as C ommunity Mixed U se, a place type that focuses on small-scale, compact, mixed use development pa <erns that serve all modes o f travel and a ct as an a<ractor fo r co unty residents and visito rs. Types o f appropriate uses include offi c e, retail, mixed use, recrea0o nal, commerc ial, ins0tu0onal, and mul0-f amily and single-family residen0al. T he propo sed rezo ning request is generally C O N S I S T E N T with the 2016 C omprehensive Pla n because the pro posed use and intensity align with the exis0ng develo pment pa<erns along the co mmercial corrido r, serving nearby residents and suppo r0ng the reco mmenda0ons of the C ommunity Mixed U se place type. T he Pla nning B oard considered this applica 0o n at the N ovember 2, 2023 mee0ng. Several people o f the adjacent Hanover L akes community spoke in o ppo si0on to the project ci0ng co ncerns over no ise, traffi c, and wetlands. N o o ne from the public spo ke in support. While delibera0ng, the Planning B oard considered the extent o f permi<ed uses within the B -2 district alo ng with the associated traffic and other impacts possible with tho se poten0al co mmercial uses. T he Pla nning B oard voted unanimously (6-0) to reco mmend a ppro val o f the pe00on with nine (9) condi0ons related to: limi0ng the permi<ed uses, pro viding a sidewalk, height restric0ons on all structures, general considera0o ns towards ligh0ng, limi0ng traffi c genera0on, dumpster loca 0o n, a nd o utdo o r storage. T he bo ard found the applica0o n to be C O N S I S T E N T with the 2016 C omprehensive P lan because the rezo ning pro vides for the types o f uses recommended in the C ommunity Mixed U se place type. T he board also f o und R EC O M M E N D I N G A P P R OVA L o f the rezoning request was reasonable and in the public Board of Commissioners - December 11, 2023 ITEM: 15 interest because the pro posed concept plan is arguably less intense and more in line with current development pa<erns than the current district of (C Z D ) O &I . S T R AT EGI C P L A N A L I G N M E N T: S us tainable L and U s e & Environmental S tew ards hip Through planned grow th and dev elopment, res idents have acces s to their basic need Connect res idents to bas ic needs thr ough a variety of hous ing and tr ansporta0 on op0ons. R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Staff ’s reco mmenda0o n is based on the policy guidance of the 2016 C o mprehensive Plan, zo ning co nsidera0ons, and technical review. T he propo sed site plan and restricted uses are supported by the recommended C ommunity Mixed U se place type in the C ounty ’s 2016 C omprehensive Plan. T he scale of the pro posed develo pment is greater in square footage than currently permi<ed in the (C ZD) O &I district, however the pro posed height and smaller buildings pro vide a be<er transi0on from the bust commercial corrido r to the a dja cent residen0al districts. Addi0o nal considera0o n as to ho urs o f o pera0on and ligh0ng is recommended to lessen the impacts to exis0ng adjacent residences. A s a result, S taff recommends approval of the p roposal and sugg ests the following mo7 on: I move to A P P R OV E the pro posed rezoning. I find it to be C O N S I S T E N T with the purposes and intent o f the C o mprehensive Plan beca use the propo sed scale and density will pro vide an adequate transi0on f ro m a co mmercial corrido r to residen0al districts. I also find recommending A P P R OVA L o f the rezoning request is reaso nable and in the public interest because the proposed concept plan is a rgua bly less intense and mo re in line with current development pa<erns than the current district of (C Z D ) O &I , with the following condi0ons: E xis7ng condi7ons to remain in effect: 1. N o mo re than a total o f 100 peak hour trips ca n be generated from the use o r co mbina0on o f uses lo cated within the zo ning district. C hange o f use proposals must be reviewed and a ppro ved by the C o unty in order to verif y compliance with the zo ning district standards. 2. T he develo pment shall co mply with all provisions of a n a ppro ved N C D OT driveway permit prior to issuance of the C er0ficate of O ccupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a so lid-appearing base constructed of a permanent material, such as co ncrete blo ck o r brick. Freestanding signs supported by poles and any flashing, digital signs shall be pro hibited. 4. E xis0ng vegeta0o n must remain within the bufferyards a nd be supplemented as necessary to pro vide the 100% visual o pacity requirement. A ddi7 onal applicant proposed condi7ons: 1. B uilding height restricted to 25’. 2. O utdo o r storage area (only one) to be enclosed with a minimum 8’ opaque f ence. 3. E xterio r ligh0ng, including luminaries and security lights, shall be a rranged o r shielded so as no t to cast illumina0on in an upward direc0o n above an imaginary line extended f ro m the light so urces parallel to the ground. Fixtures shall be Board of Commissioners - December 11, 2023 ITEM: 15 numbered such that adequate levels of ligh0ng a re ma inta ined, but that light spillage and glare are no t directed at adjacent property(ies), neighboring areas or motorists. L ight posts shall be no taller than twelve (12) feet. 4. A bicycle and pedestrian easement will be located a lo ng C astle Ha yne Ro ad as sho wn o n the concept plan, including the installa0on o f a sidewalk from the southern border to the no rthern bo rder. 5. Permi<ed U ses shall be limited to: a) I ndo o r Recrea0on E stablishment (S hoo0ng R a nges pro hibited) b) Animal Grooming / Veterinary (Kennel o r D ayca re pro hibited) c) B usiness Service C enter d) C ontractor O ffice (hours of opera 0o n limited to 7A M-8P M) e) O ffi ces for Private B usiness & P ro f essional Ac0vi0es f ) Perso nal Services, General (Ta<o o Pa rlo rs pro hibited) g) I nstruc0onal Services & Studio s h) Retail Sales, General i) Restaurant (no drive-thru) 6. T he dumpster is to be located on the northern por0on o f the property. A lte rna 0ve M o7on for D E N I A L (if based on informa0on presented at the public hearing or other co nsidera0on beyond the sco pe o f staff review, the board finds denial a ppro pria te.) I move to D E N Y the pro posed rezoning. While I fi nd it to be C O N S I S T E N T with the purpo ses and intent o f the C o mprehensive Plan because the pro posed uses are in line with the reco mmenda0o ns o f the C ommunity Mixed U se place type and the propo sed development is in line with the intensity of develo pment in the area, I find reco mmending D E N I A L of the rezo ning request is reaso nable and in the public interest because of the project ’s poten0al impa ct on adjacent residen0al uses fro m the intensity of the pro posed uses. AT TA C H M E N T S : Descrip0on Z23-20 BOC Script Z23-20 BOC Staff Report Z23-20 Zoning Map Z23-20 Future Land Use Map Z23-20 Mailout Map Z23-20 Application Cover Sheet Z23-20 Application Materials Z23-20 Concept Plan Cover Sheet Z23-20 Updated Concept Plan Z23-20 Public Comment Z23-20 Staff Presentation C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) Reco mmend with staff co ndi0ons. C O M M I S S I O N E R S ' A C T I O N S : Board of Commissioners - December 11, 2023 ITEM: 15 Board of Commissioners - December 11, 2023 ITEM: 15 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-20) Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.20 acres zoned (CZD) O&I, Office & Institutional located at 2117 Castle Hayne Road to (CZD) B-2, Regional Business for a maximum 18,000 square foot flex commercial business space with limited uses. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation and supporter comments (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide an adequate transition from a commercial corridor to residential districts. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed concept plan is arguably less intense and more in line with current development patterns than the current district of (CZD) O&I. Existing Conditions to remain in effect: 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. Board of Commissioners - December 11, 2023 ITEM: 15- 1 - 1 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. Proposed Conditions: 5. Building height restricted to 25’. 6. Outdoor storage area (only one) to be enclosed with a minimum 8’ opaque fence. 7. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 8. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on the concept plan, including the installation of a sidewalk from the southern border to the northern border. 9. Permitted Uses shall be limited to: a) Indoor Recreation Establishment (Shooting Ranges prohibited) b) Animal Grooming / Veterinary (Kennel or Daycare prohibited) c) Business Service Center d) Contractor Office (hours of operation limited to 7AM-8PM) e) Offices for Private Business & Professional Activities f) Personal Services, General (Tattoo Parlors prohibited) g) Instructional Services & Studios h) Retail Sales, General i) Restaurant (no drive-thru) 10. The dumpster is to be located on the northern portion of the property. Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY of the proposed rezoning to a (CZD) B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use place type and the proposed development is in line with the intensity of development in the area. I also find DENIAL of the rezoning request is reasonable and in the public interest because of the project’s potential impact on adjacent residential uses from the intensity of the proposed uses. Board of Commissioners - December 11, 2023 ITEM: 15- 1 - 2 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional B-2 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Board of Commissioners - December 11, 2023 ITEM: 15- 1 - 3 Z23-20 Staff Report BOC 12.11.2023 Page 1 of 16 STAFF REPORT FOR Z23-20 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-20 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf, Design Solutions Hanover Lakes, L.L.C. Location: Acreage: 2117 Castle Hayne Rd 2.20 PID(s): Comp Plan Place Type: R04100-001-146-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Flex Space, max 18,000 SF with uses limited to: indoor recreation establishment (shooting ranges prohibited), animal grooming/ veterinary (kennel or daycare prohibited), business service center, contractor office, offices for private business & professional activities, personal services, general (tattoo parlors prohibited), instructional services & studios, retail sales, general, restaurant (no drive-thru) Current Zoning: Proposed Zoning: (CZD) O&I (CZD) B-2 SURROUNDING AREA LAND USE ZONING North Detached Single Family Residential R-20 Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 1 Z23-20 Staff Report BOC 12.11.2023 Page 2 of 16 East Detached Single Family Residential and a Commercial Auto Repair Shop AR South Detached Single Family Residential R-15 West Detached Single Family Residential R-15 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area 10A) December 4, 2006 Rezoned to R-15 for the Hanover Lakes residential development. May 4, 2016 Rezoned to (CZD) O&I with the intent to develop a commercial office building. COMMUNITY SERVICES Water/Sewer Public water and sewer services are available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 2 Z23-20 Staff Report BOC 12.11.2023 Page 3 of 16 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct three, 6,000 SF one-story buildings for commercial flex space. The applicant has included a condition restricting the maximum height of the buildings to 25 feet. • Located toward the southern edge of the property is one fenced outdoor storage area, opening to the utility courtyards. The garage doors will open toward the utility courtyards. • A landscaping contractor is currently anticipated to occupy the structure farthest from Castle Hayne Road. Storefronts will be facing customer parking. • The dumpster will be screened and located on the northern edge of the property away from adjacent residents. • Under the proposed CZD B-2 zoning district, a condition has been offered limiting the allowed uses to the following: indoor recreation establishment (shooting ranges prohibited), animal grooming/veterinary office (kennel and daycare prohibited), business service center, contractor office, offices for private business and professional activities, personal services (general with tattoo parlors prohibited), instructional services and studios, general retail sales, and restaurant (no drive-thru). These uses are intended to serve nearby residents and vehicular traffic along the Castle Hayne Road corridor and are common along minor arterial roadways. R-20 Single Family Residential R-15 Single Family Residential Proposed Bike/Ped Access Easement Dumpster Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 3 Z23-20 Staff Report BOC 12.11.2023 Page 4 of 16 • The applicant’s proposed conceptual plan includes a combined vegetative and fenced buffer yard to the south along the adjacent residential neighborhood Hanover Lakes, and a vegetative buffer yard to the west and north along residentially zoned parcels and as required by the UDO Table 5.4.3.B.2. ZONING CONSIDERATIONS • While the area is primarily a mix of lower density residential districts such as R-15, the Castle Hayne corridor has seen an increasing shift toward more commercial districts and uses, a trend that is expected to continue. • The area directly south of the Hanover Lakes Subdivision is zoned B-1 and B-2, and approximately 1,500 north of the site are parcels zoned O&I, CB, and B-2. And while zoned AR, the parcel directly across Castle Hayne Road is currently used as an Auto Repair Shop. • In December 2006, the site was first rezoned from R-20 to R-15 as part of the Hanover Lakes residential development. • The subject parcel of 2.20 acres was not included in the preliminary plat approval to develop the Hanover Lakes residential subdivision. • On May 4, 2016 the site was rezoned to (CZD) O&I (case Z-953) in order to develop a commercial office building. The rezoning was requested by the developer of the adjacent Hanover Lakes Subdivision with the intent to provide neighborhood related services that benefit the surrounding residents along the Castle Hayne Road corridor. Under the 2006 CAMA Land Use Plan in effect at the time, the property was classified as Transition and determined to be suitable for intensive urban development. Z-953, original site plan • The approved site plan consists of one 12,970 SF office building not to exceed 20’ in height, 44 parking spaces, and a stormwater management pond located to the rear of the Parking Wetlands Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 4 Z23-20 Staff Report BOC 12.11.2023 Page 5 of 16 property. The buffer yard required at the time, and as shown on the approved plan, is 27.5’ from the residentially zoned properties to the south. • Under the existing conditional O&I district possible uses include: antenna and towers less than 70’, barber/beauty shop, child care center, offices for private business and professional activities, principal use sign, and small and large recycling facilities. • Four conditions were included as part of the original rezoning approval and are currently in effect for the property. All four conditions from rezoning case Z-953 will remain in effect. The applicant for the rezoning under consideration has included the existing conditions as part of their rezoning request. 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. • If the rezoning request to (CZD) B-2 is approved, the parcel would be subject to the B-2 side and rear setbacks from residential properties. The current O&I district requires a 55’ side setback and a 74.6’ rear setback to the adjacent residential properties based on the proposed 20’ building height. • The UDO prescribes a Type A: Opaque Buffer between B-2 districts and adjacent residential uses. This can include fencing, a berm and/or vegetation. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5-foot candles. The UDO does not prescribe limitations on the height, wattage, bulb-type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • If approved, the project would be subject to the Technical Review Committee and zoning compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 5 Z23-20 Staff Report BOC 12.11.2023 Page 6 of 16 AREA SUBDIVISIONS UNDER DEVELOPMENT Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 6 Z23-20 Staff Report BOC 12.11.2023 Page 7 of 16 TRANSPORTATION Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 7 Z23-20 Staff Report BOC 12.11.2023 Page 8 of 16 CURRENT CONDITIONS Intensity of Current Zoning Development under current zoning would allow a maximum building of 12,970 SF office space. PROPOSED ACCESS Primary Access Castle Hayne Road via a full access driveway. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 15,459 Latest Traffic Volume (AADT) 16,000 (2021 NCDOT AADT) Latest WMPO Point-in-Time County (DT) 20,123 Current Level of Congestion Above planning capacity NEARBY NCDOT STIP ROADAWAY PROJECTS U-5863 – Castle Hayne Road Widening (Unfunded at this time, post-2029 Completion) - Widen Castle Hayne Road into multi-lanes from I-140 to Division Drive. Right-of-Way acquisition and utilities are currently scheduled to take place in FY 2025, with construction beginning after 2029. U-5954 – 23rd Street Roundabout (Scheduled for 2027) - Construct a roundabout at the 23rd Street and Castle Hayne Road intersection TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 99 99 0 PM Peak Hour Trips 99 99 0 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is required to be under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA), per the current condition that is to remain. Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 8 Z23-20 Staff Report BOC 12.11.2023 Page 9 of 16 SUMMARY The proposed project is located along a minor arterial road that is currently above capacity. The Castle Hayne Road widening project would theoretically decrease congestion in the area however it is unfunded at this time. Several other projects are currently under review or development in the vicinity; and while their traffic impact analyses did not take this proposal into account, all were developed to take into account general traffic growth in the area. The original rezoning condition limits trips to under 100 peak hour trips with the intention of promoting less intensive commercial projects along the corridor. The condition remains and is included. While a TIA would not be required for development of the site as it exists and is proposed, the site must be reviewed and approved through the NCDOT driveway permit process. The Castle Hayne Road widening project is currently being designed and could potentially restrict access to right-in right-out. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The remainder of the property is within the Shaded Zone X (0.2% annual flood risk) Special Flood Hazard Area. This is considered an area of moderate to low risk and is not subject to floodplain development requirements or density restrictions for new development. • The property is within the Ness Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (Moderate Limitation) and Class III (Severe Limitation) soils. However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis Through planned growth and development, residents have access to their basic needs. The strategic objective to achieve this desired outcome includes providing residents with space to accommodate small businesses that support the local economy. The proposed CZD B-2 rezoning will allow businesses that could support the surrounding community to locate in a transitional area along a major roadway corridor and in close proximity to a number of households. Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 9 Z23-20 Staff Report BOC 12.11.2023 Page 10 of 16 A business-friendly environment that promotes growth, agility, and collaboration. The plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable new businesses. Representative Developments Representative Developments of (CZD) O&I: Child Care Center and Cell Tower – Van Dyke Drive Health Care Facility Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 10 Z23-20 Staff Report BOC 12.11.2023 Page 11 of 16 Representative Developments of (CZD) B-2: Boat and Vehicle Sales – Market Street Murrayville Station Business Park – Exchange Drive Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 11 Z23-20 Staff Report BOC 12.11.2023 Page 12 of 16 Context and Compatibility • The property is located on Castle Hayne Road just south of Wrightsboro and north of the interchange with Martin Luther King Jr. Parkway. • The Castle Hayne Road corridor on which the parcel is located, is dotted with similar sized parcels that have been rezoned to CB, B-1, B-2, and O&I districts in the nearby Wrightsboro commercial node from the original R-20 zoning district. Therefore, the proposed use and intensity aligns with the surrounding development pattern. • Residential growth in the area coupled with an expanded transportation network to the north (I-140) and south (Martin Luther King Jr. Pkwy) have increased demand for commercial services along Castle Hayne Road. A future NCDOT project to widen Castle Hayne Road to alleviate congestion and prepare for expected future growth has been included in the STIP but is currently unfunded. • The applicant’s concept plan includes design features which take into consideration the adjacent residential community of Hanover Lakes by positioning the drive aisle and parking away from neighboring residents. This, along with the proposed and required buffer and fencing provide a similar or improved aesthetic to the existing business uses along Castle Hayne Road. • Due to the site’s proximity to adjacent single-family residential to the south, the design of lighting associated with the business use may need additional consideration to ensure compatibility. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 12 Z23-20 Staff Report BOC 12.11.2023 Page 13 of 16 Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis The proposed development is located along the Castle Haye Road corridor between the interchange with Martin Luther King Parkway and Wrightsboro. Expansion of Castle Hayne Road is a proposed project being considered by NCDOT along with plans for a bicycle lane to accommodate the growing commercial corridor connecting Wilmington to Castle Hayne. Surrounded on three sides by residential districts, the parcel is in close proximity to the population the businesses will employ and serve. Locating commercial use along the roadway provides an appropriate density transition to the adjacent residential districts. A goal of the Community Mixed Use place type is to promote small-scale mixed use development patterns such as the proposed rezoning that provide a transition from lower intensity commercial uses along a commuter corridor, to more dense residential districts to the south and west. Conditions have been provided which assure adjacent property owners a concept plan which considers noise and traffic and a list of approved uses which will support the surrounding community. The types of uses conditioned are in line with the Comprehensive Plan place type suggested businesses and density. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed use and intensity align with the existing development patterns along the commercial corridor, serving nearby residents and supporting the recommendations of the Community Mixed Use place type. PLANNING BOARD MEETING The Planning Board considered this application at the November 2, 2023, meeting. Several people of the Hanover Lakes community spoke in opposition to the project. No one from the public spoke in support. While deliberating, the Planning Board considered the extent of permitted uses within the B-2 district along with the associated traffic and other impacts possible with those potential commercial uses. Following the public hearing the Planning Board and applicant agreed to amending the additional conditions to include a requirement for a sidewalk along Castle Hayne Road, a requirement that Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 13 Z23-20 Staff Report BOC 12.11.2023 Page 14 of 16 the dumpster be located on the northern portion of the property, adding the use Restaurant (no drive thru) to the list of allowed uses, and restricting the hours of operation for contractor offices. The Planning Board voted unanimously (6-0) to recommend approval of the petition with the following conditions: Existing conditions to remain in effect: 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. Additional applicant proposed conditions: 1. Building height restricted to 25’. 2. Outdoor storage area (only one) to be enclosed with a minimum 8’ opaque fence. 3. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 4. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on the concept plan, including the installation of a sidewalk from the southern border to the northern border. 5. Permitted Uses shall be limited to: a) Indoor Recreation Establishment (Shooting Ranges prohibited) b) Animal Grooming / Veterinary (Kennel or Daycare prohibited) c) Business Service Center d) Contractor Office (hours of operation limited to 7AM-8PM) e) Offices for Private Business & Professional Activities f) Personal Services, General (Tattoo Parlors prohibited) g) Instructional Services & Studios h) Retail Sales, General i) Restaurant (no drive-thru) 6. The dumpster is to be located on the northern portion of the property. Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 14 Z23-20 Staff Report BOC 12.11.2023 Page 15 of 16 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The proposed site plan and restricted uses are supported by the recommended Community Mixed Use place type in the County’s 2016 Comprehensive Plan. The scale of the proposed development is greater in square footage than currently permitted in the (CZD) O&I district, however the proposed height and smaller buildings provide a better transition from the busy commercial corridor to the adjacent residential districts. Additional consideration as to hours of operation and lighting is recommended to lessen the impacts to existing adjacent residences. As a result, Staff concurs with the Planning Board recommendation of approval of the proposal and suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide an adequate transition from a commercial corridor to residential districts. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed concept plan is arguably less intense and more in line with current development patterns than the current district of (CZD) O&I, with the following conditions: Existing conditions to remain in effect: 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. Additional applicant proposed conditions: 1. Building height restricted to 25’. 2. Outdoor storage area (only one) to be enclosed with a minimum 8’ opaque fence. 3. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 4. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on the concept plan, including the installation of a sidewalk from the southern border to the northern border. Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 15 Z23-20 Staff Report BOC 12.11.2023 Page 16 of 16 5. Permitted Uses shall be limited to: a) Indoor Recreation Establishment (Shooting Ranges prohibited) b) Animal Grooming / Veterinary (Kennel or Daycare prohibited) c) Business Service Center d) Contractor Office (hours of operation limited to 7AM-8PM) e) Offices for Private Business & Professional Activities f) Personal Services, General (Tattoo Parlors prohibited) g) Instructional Services & Studios h) Retail Sales, General i) Restaurant (no drive-thru) 6. The dumpster is to be located on the northern portion of the property. Alternative Motion for Denial I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use place type and the proposed development is in line with the intensity of development in the area, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the project’s potential impact on adjacent residential uses from the intensity of the proposed uses. Board of Commissioners - December 11, 2023 ITEM: 15- 2 - 16 Board of Commissioners - December 11, 2023 ITEM: 15- 3 - 1 Board of Commissioners - December 11, 2023 ITEM: 15- 4 - 1 Board of Commissioners - December 11, 2023 ITEM: 15- 5 - 1 Initial Application Documents & Materials Board of Commissioners - December 11, 2023 ITEM: 15- 6 - 1 Page 1 of 7 Conditional Zoning District Application – Updated 06-2023 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz Hanover Lakes, L.L.C. Greenville, NC 27858 252-355-5805 brianfleer@kw.com (Brian Fleer - Agent for Contract Purchaser) 200 E Arlington Blvd, Suite A Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 1 Page 2 of 7 Conditional Zoning District Application – Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if applicable) Please list all of the specific 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. 2117 Castle Hayne Road 312914.44.8311 [R04100-001-146-000] 2.20 ac.(CZD) O&I / Vacant Community Mixed-Use N/A 18,000 s.f. GFA - in 3 Bldgs (CZD) B-2 2.20 ac. Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 2 Page 3 of 7 Conditional Zoning District Application – Updated 06-2023 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. 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. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: Business Park (770) Calculated based on 18,000 s.f. GFA 25 23 Reference the attached "Concept Plan" for site layout, proposed improvements and details. Proposed uses will be limited to: * Indoor Recreation Establishment (w/ Shooting Ranges prohibited)* Animal Grooming / Veterinary (w/ Kennel or Daycare prohibited)* Business Service Center* Contractor Office* Offices for Private Business & Professional Activities* Personal Services, General (w/ Tattoo Parlors prohibited* Instructional Services & Studios* Retail Sales, General Additionally, the conditions of approval for the previous district will continue. Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 3 Page 4 of 7 Conditional Zoning District Application – Updated 06-2023 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. 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. Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 4 Page 5 of 7 Conditional Zoning District Application – Updated 06-2023 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 5 Page 6 of 7 Conditional Zoning District Application – Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial  This application form, completed and signed (all property owners must sign signatory page)  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 Information Meeting Report (complete and signed by agent or all property owners)  Traffic Impact Analysis if applicable (use of attached report document is recommended) • 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 [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights-of- way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights-of-way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW N/A CAW CAW CAW CAW Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 6 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 7 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 8 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 9 Legal DescripƟon for CondiƟonal District Rezoning of 2117 Castle Hayne Road Beginning at a point in the western boundary of Castle Hayne Road (NC Hwy. 133), a 100’ public right-of-way; said point being located North 77025’11” West, 20.21 feet from the northeastern corner of “Hanover Lakes – Phase I,” a development recorded among the land records of the New Hanover County Registry in Map Book 62, at Page 318; and running thence: North 77025’11” West, 406.23 feet to a point; thence North 13025’05” East, 234.24 feet to a point; thence South 76034’55” East, 423.70 feet to a point in the western boundary of Castle Hayne Road; thence with that right-of-way, South 17048’11” West, 228.97 feet to the point and place of beginning, containing 2.20 acres, more or less. Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 10 Page 1 of 2 Community Information Meeting Report – Approved 06-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 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 In-Person Shelter #2 - Northern Regional Park Closest county Park to proposed development site. 312914.44.8311 [R04100-001-146-000] 2117 Castle Hayne Road Monday, September 25, 2023 / 6:00 p.m. Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 11 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 12 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 13 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 14 From:Cathy Miller To:cwolf@lobodemar.biz Subject:2117 Castle Hayne Road Date:Monday, September 25, 2023 12:53:26 PM Dear Ms. Wolf, We will not be able to attend the meeting this afternoon. Opon review of the information recently mailed regarding this issue, our family has no objection to the new proposal for the site located at 2117 Castle Hayne Road. Best of luck to your client in their new venture. Best Regards, Cathy Miller (910) 617-2385 On behalf of the family of Jane Seitter Sent from Yahoo Mail on Android Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 15 From:cwolf@lobodemar.biz To:"Donna Balogh" Subject:RE: Re-zoning on Castle Hayne Road Date:Monday, September 25, 2023 1:49:00 PM Ms. Balogh, Thank you for your comments. This evening is just an informational meeting by the developer, and I am sure that limitation on types of proposed uses will certainly be a topic of conversation. The intent is to make formal submittal to the County on October 2nd. I will be happy to share the full narrative of the proposal after submittal. That will include the conditioned uses. After that, the next notice you would receive will be directly from the County, as to a public hearing by the Planning Board. That is the venue to voice your opposition, or if we can address your concerns, support. Regards, Cindee -----Original Message----- From: Donna Balogh <donnab1958@comcast.net> Sent: Monday, September 25, 2023 12:39 PM To: cwolf@lobodemar.biz Subject: Re-zoning on Castle Hayne Road Good afternoon Cindee, My husband and I are residents of Hanover Lakes and are not available to attend the Re-zoning meeting this evening. That being said, and with very little information about the business that is being proposed on the site just outside of our neighborhood, I would like to express our opposition to the re-zoning of the land on Castle Hayne Road just to the north of Hanover Lakes. Until more information is provided to the residents of Hanover Lakes as to the type of business proposed, we vote no to the re-zoning. Thank you, Donna Balogh Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 16 September 28, 2023 Backyard Specialists, Inc. 2200 Teresa Drive Castle Hayne, NC 28429 Attention: Mr. Gene Robbins Subject: Terrain Environmental Consulting Project 23-032-WS Jurisdictional Delineation 2117 Castle Hayne Road Wilmington, NC Dear Mr. Robbins: Thank you for the opportunity to provide you with jurisdictional delineation services at the above referenced project site. These services have been performed in general accordance with the email scope of services dated June 28, 2023. The results of the jurisdictional delineation are presented below. PROJECT BACKGROUND INFORMATION It is our understanding that you requested the jurisdictional delineation to help identify potential Waters of the US (WOTUS) prior to the property transaction and to assist with the development of the property. METHODOLOGY Prior to mobilization for fieldwork, we consulted US Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) maps, US Department of Agriculture (USDA) Web Soil Survey maps, US Geological Survey (USGS) topographic quadrangle maps, the State’s Geographic Information System (GIS) hydrological data, shaded relief maps and New Hanover County GIS maps. We mobilized to the site on July 4, 2023 to review the site for the presence of potential WOTUS and delineate their boundaries. The following references were used to assist in the identification of potential WOTUS, including wetlands: the U.S. Army Corps of Engineers (USACE) 1987 Wetland Delineation Manual and appropriate Regional Supplement, USACE Regulatory Guidance Letter 05-05 Ordinary High Water Mark (OHWM) Identification, North Carolina Division of Water Resources (NCDWR) Stream ID Manual, and the 2023 WOTUS definition Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 17 Terrain Environmental Consulting Project No. 23-032-WS September 28, 2023 Jurisdictional Delineation – 2117 Castle Hayne Road 2 FINDINGS Background Research None of the resources reviewed indicated the presence of streams or other surface waters present. The Web Soil Survey indicated the presence of a potential hydric soil series, Torhunta, mapped in the western third of the property. Although not all hydric soil series are comprised entirely of wetland, an area must have the presence of hydric soil (along with dominance of hydrophytic vegetation, and presence of wetland hydrology), as determined by the presence of one field indicator of hydric soils, in order to be considered a wetland. The shaded relief mapping indicated potentially lower elevation areas along the southern property line and in the eastern portion of the property but the elevation change appears to be very minimal and do not appear to represent significant depressions or drainageways. Jurisdictional Delineation Following review of the above-referenced resources, TEC personnel mobilized to the site on July 4, 2023 to perform the jurisdictional delineation. No streams or other surface waters were observed on the property. Roadside ditches are present along Castle Hayne Road and the private drive adjacent to the north. No water was present in those ditches during our site vist. The site appears to have been recently timbered as the most recent aerial photography show the site as being wooded. Two wetland features were identified and delineated, WA and WB, totaling approximately 0.32 acres and 0.04 acres, respectively. Although these features satisfy the three-parameter approach for determination of wetland per the 1987 Corps Manual and 2012 Regional Supplement, no continuous surface water connection was observed. Therefore, we do not feel these wetlands would be considered 404 or 401 jurisdictional features. Please see Figure 1 for the location of each wetland. DISCUSSION Since we feel that the two delineated wetlands would not be considered 404 or 401 jurisdictional features, we do not anticipate Section 404 or 401 permitting would be required to impact them, nor would mitigatjon be required. Please note that non- jurisdictional confirmation with USACE has not been obtained. Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 18 Terrain Environmental Consulting Project No. 23-032-WS September 28, 2023 Jurisdictional Delineation – 2117 Castle Hayne Road 3 CLOSING We appreciate the opportunity to provide this proposal for jurisdictional delineation services. If you have any questions, please do not hesitate to contact me. Sincerely, Paul Masten, LSS, PWS President/Owner Attachment Figure 1 – Jurisdictional Delineation Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 19 Figure 1 - Jurisdictional Delineation 2117 Castle Hayne RoadWilmington, NC 0 100Fe et September 2023NAD83 N C StatePlaneThis map is for reference only.t Castle Hayne Service Layer Credits: NC OneMap, NC Center for Geographic Inform ation and Analysis, N C911 Board New Hanover Legend Project Site Potential Wetland WA0.32 ac WB0.04 ac Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 20 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 21 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 22 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 23 ADJACENT PROPERTIES WITHIN A 500' PERIMETER OF 2117 CASTLE HAYNE ROAD: SUBJECT PROPERTY OWNER HANOVER LAKES LLC 200 E ARLINGTON BLVD STE R GREENVILLE NC 27858 ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP ATKINS RONALD L CAROL H 2232 LAKESIDE CIR WILMINGTON NC 28401 BEARD JUANITA L 110 JAMAICA DR WILMINGTON NC 28401 BENNETT KELVIN T 101 BERMUDA DR WILMINGTON NC 28401 BISHOP DEBORAH L 2225 LAKESIDE CIR WILMINGTON NC 28401 BOOHER JENNIFER 2241 LAKESIDE CIR WILMINGTON NC 28401 BOWDEN KEVIN R DEBRA G 2124 PATOKA LAKE RD WILMINGTON NC 28401 BOWDISH MARY N 2248 LAKESIDE CIR WILMINGTON NC 28401 BROMSTEAD DONALD V II CARLA 2324 LAKESIDE CIR WILMINGTON NC 28401 BROOKS LESLIE LISA 2116 PATOKA LAKE RD WILMINGTON NC 28401 BUFFALOE WESLEY B JR ET UX 2304 LAKESIDE CIR WILMINGTON NC 28401 COPE ALAN DENISE 2308 W LAKE SHORE DR WILMINGTON NC 28401 COUGHLIN KEITH R ETAL 106 BERMUDA DR WILMINGTON NC 28401 CURL KRIS E 2216 LAKESIDE CIR WILMINGTON NC 28401 ENGMANN BRAD W MARCELA 108 BERGERON WAY CARY NC 27519 ERBE DARREL C ETAL 2328 LAKESIDE CIR WILMINGTON NC 28401 FERRARESE PAUL N MIRANDA 2320 LAKESIDE CIR WILMINGTON NC 28401 GOLDEN BRIAN TRUSTEE ETAL 2245 LAKESIDE CIR WILMINGTON NC 28401 GRAFF JILLIAN M 2236 LAKESIDE CIR WILMINGTON NC 28401 GRANT CHRISTOPHER L ETAL 102 BERMUDA DR WILMINGTON NC 28401 GRAY MICHELLE E HUNTER B 2340 LAKESIDE CIR WILMINGTON NC 28401 GRESHAM MARGARET E 537 ONEIDA LAKE RD WILMINGTON NC 28401 HANOVER LAKES POA INC 127 RACINE DR STE 201 WILMINGTON NC 28403 HEIKKILA CHRISTINA W 2336 LAKESIDE CIR WILMINGTON NC 28401 KATLEN BARBARA L 2332 LAKESIDE CIR WILMINGTON NC 28401 KIMMEL MARY P 2256 LAKESIDE CIR WILMINGTON NC 28401 KNOWLES LARRY G 2204 LAKESIDE CIR WILMINGTON NC 28401 LONG BRANDON H TRUSTEE 629 SEA HAWK DR SUNSET BEACH NC 28468 LONG MARY HELEN 106 JAMAICA DR WILMINGTON NC 28401 LOPATA CHRISTOPHER TRACY 2208 LAKESIDE CIR WILMINGTON NC 28401 MALTOS ANNA R DANIEL 2252 LAKESIDE CIR WILMINGTON NC 28401 MARTIN JACOB W REBECCA L 2110 CASTLE HAYNE RD WILMINGTON NC 28401 MASON MICHAEL E MARGARET E 2237 LAKESIDE CIR WILMINGTON NC 28401 MCCULLEN RICHARD BARBI BAKER 2120 PATOKA LAKE RD WILMINGTON NC 28401 MERCK KRISTOFER 103 WENTBRIDGE RD CARY NC 27519 MIARS EMMA TRASK HEIRS 1727 AZALEA DR WILMINGTON NC 28403 MILLS MARSHA 2312 LAKESIDE CIR WILMINGTON NC 28401 NEUWIRTH KAREN C 2128 PATOKA LAKE RD WILMINGTON NC 28401 NORRIS REGGIE J 2127 CASTLE HAYNE RD WILMINGTON NC 28401 PALMAHUERGO LOLYKLARA 2229 LAKESIDE CIR WILMINGTON NC 28401 PANTOLIANO JULIE ET VIR 2104 CASTLE HAYNE RD WILMINGTON NC 28401 PARKER JENNIFER L BEAU A 2212 LAKESIDE CIR WILMINGTON NC 28401 PFLUG JOHN R JR BRITTANY N 2244 LAKESIDE CIR WILMINGTON NC 28401 PHAM NGOAN ETAL 118 BERMUDA DR WILMINGTON NC 28401 ROHENA CARLA D 2221 LAKESIDE CIR WILMINGTON NC 28401 ROME CHRISTINA CLAUDE ETAL 110 BERMUDA DR WILMINGTON NC 28401 SANCHEZ ANGELO AMY 2240 LAKESIDE CIR WILMINGTON NC 28401 SEEGER MARCUS B MEGAN T 114 BERMUDA DR WILMINGTON NC 28401 SEITTER EDWARD D 2207 CASTLE HAYNE RD WILMINGTON NC 28401 SEITTER JANE BRADSHAW LIFE EST 246 CARL SEITTER DR WILMINGTON NC 28401 SHADE KENNETH D JOANNE B 2344 LAKESIDE CIR WILMINGTON NC 28401 SHARPE MARY B 2220 LAKESIDE CIR WILMINGTON NC 28401 SHARP-ROYALS AMANDA ZACHARY 2316 LAKESIDE CIR WILMINGTON NC 28401 TADLOCK DONALD G SR JENEANE C 100 WATER ST WRIGHTSVILLE BCH NC 28480 TOLAR JESSIE M ETAL 2348 LAKESIDE CIR WILMINGTON NC 28401 TRYER JANE S 113 BERMUDA DR WILMINGTON NC 28401 TSOMBANIDIS JOSEPH CASSANDRA 533 ONEIDA LAKE RD WILMINGTON NC 28401 WILKINSON DONNA M 2224 LAKESIDE CIR WILMINGTON NC 28401 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 24 September 14, 2023 To: Adjacent Property Owners Re: 2117 Castle Hayne Road / Notice of a Community Information Meeting This vacant tract is currently owned by Hanover Lakes, L.L.C., and was zoned for commercial use in 2016. The plan was for a single, 12,900 square-foot, building with associated parking. My client is now interested in locating their business at this address, and providing for additional commercial uses – but with a different site layout. An exhibit of the proposed plan is attached. Another zoning process will be necessary for the modification. The intent is to submit for Conditional District / Highway Business (CZD / B-2), which requires re-approval by New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, this means that only the use, structure(s) & layout of an approved proposal can be developed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any other interested parties. This tract of land is within that proximity of your property. The meeting provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Monday, September 25th, 6:00 p.m., at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts. If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 25 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 26 Board of Commissioners - December 11, 2023 ITEM: 15- 7 - 27 Updated Concept Plan Board of Commissioners - December 11, 2023 ITEM: 15- 8 - 1 Board of Commissioners - December 11, 2023 ITEM: 15- 9 - 1 Public Comments In Support 0 Neutral 1 In Opposition 15 Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 1 1 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, November 1, 2023 9:12 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7163 for Public Comment Form Follow Up Flag:Follow up Flag Status:Completed ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Melissa Last Name Green Address 321 Hanover Lakes Dr City Wilmington State NC Zip Code 28401 Email Mbgreen327@gmail.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Neutral Public Comment I don’t oppose the project, but the don’t want trees removed. If they come in and have to remove the trees then I oppose! Upload supporting files Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 2 1 Farrell, Robert From:Farrell, Robert Sent:Thursday, November 2, 2023 8:07 AM To:Farrell, Robert Subject:FW: Zoning change is not a good choice! Robert Farrell (He/Him/His) Senior Current Planner New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7164 p | (910) 798-7838 f rfarrell@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com -----Original Message----- From: nikki <2nikkir@gmail.com> Sent: Saturday, October 28, 2023 3:08 PM To: May, Katherine <kmay@nhcgov.com> Subject: Zoning change is not a good choice! ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Ms. May: I live in Hanover Lakes and I am concerned about the changes in zoning on the property adjacent to and north of our neighborhood. My specific concerns include noise due to trucks and other loud vehicles and equipment, traffic, safety, storm water management, care of the property and esthetic appeal to street. As usual, there is no long term vision for development in this area. The proposed zoning will not benefit anyone living in this area and especially the people in my neighborhood. An example of no vision is Porters Neck which went from being one of the most attractive communities in NHC 20 years ago to now being unsightly and trashy. You are only interested in lining your pockets and kick backs to others who also make poor choices regarding the development of NHC. I will be noting who makes the decisions and how you vote. Those decisions will strongly influence how I vote in all future elections. Geographically speaking, Wilmington is one of the prettiest places in the US but most of you are in a hurry to ruin it. Please be smart about the decisions you make regarding the small tract of land next to Hanover Lakes. It could be a first step in the right direction. Sincerely, Nicole Reiber Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 3 2 Farrell, Robert From:noreply@civicplus.com Sent:Thursday, November 2, 2023 7:59 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7169 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 ALAN Last Name COPE Address 2308 LAKESIDE CIRCLE City WILMINGTON State North Carolina Zip Code 28401 Email alan.1266@yahoo.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment Dear County planning Council, I am writing to express my strong opposition to Z23-20, the proposed rezoning of Castle Hayne Flex space. While the local community may be unable to prevent development, that in itself will be detrimental to the area, nearly all residents in the Hanover Lakes neighborhood are completely opposed to adding of a commercial space that will cause traffic and safety Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 4 3 problems and potentially lower the property values of the existing community. Because of the large number of homes in Hanover Lakes, getting in & out of the neighborhood without a traffic light is already a very difficult and very dangerous situation. You will be multiplying the danger by adding a commercial building within steps of our neighborhood entrance. Traffic and safety of pedestrians are major areas of concern. Traffic jams are already common. While the traffic may be lighter on average, the local neighborhood traffic will disproportionately surge during morning and evening rush hours, causing traffic issues during critical times for existing Hanover Lakes. The traffic surge during morning rush hours will also negatively impact safety for children. In general, the area traffic is continuing to increase. I urge you to disapprove the proposed rezoning, and from recent discussions with my neighbors, I know my opinions are shared by many who have not managed to attend meeting or write letters and emails. Thank you for your continued service and support of our communities. Best regards, Alan Cope 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 - December 11, 2023 ITEM: 15- 10 - 5 4 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, November 1, 2023 9:25 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7164 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 Laurie Last Name Pritchard Address 2140 Saranac Lake Lane City Wilmington State NC Zip Code 28401 Email lauriep04@icloud.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment I would like to share my opposition to the proposed re-zoning of 2117 Castle Hayne Road. One of my top concerns is the potential for increased flooding in the Hanover Lakes neighborhood. When we have a substantial amount of rain right now, we have drainage issues in many of the yards in the neighborhood. Removing the vegetation on this parcel which is so close to several homes could have a devastating impact with the increase of heavier, longer-lasting rain events and more powerful hurricanes this area is prone to. Another main Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 6 5 concern is an increase in traffic on Castle Hayne Road. Currently, it can take from 5-10 minutes to safely turn out of the Hanover Lakes Drive during peak traffic. It is especially dangerous making a left hand turn out of the neighborhood. Adding another business so close to the neighborhood will cause even more traffic and will make it more dangerous. Finally, Hanover Lakes is a quiet, nice, family-oriented neighborhood. Having a business in several homes’ backyards is not desirable and is not what drew buyers to this neighborhood. The proposed business will bring excess noise to the neighborhood and will change the aesthetic to the homes the business will border. This could potentially decrease home values. Please consider these points as well as the views of my fellow neighbors and do not approve the rezoning of the parcel at 2117 Castle Hayne Road.Thank you. 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 - December 11, 2023 ITEM: 15- 10 - 7 6 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, November 1, 2023 8:00 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7160 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 Mary Last Name Kimmel Address 2256 Lakeside Cir City Wilmington State NC Zip Code 28401 Email mpkimmel@live.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment Mary Kimmel 2256 Lakeside Circle (Hanover Lakes) Wilmington, NC 28401 Thank you for taking time to hear my comments. I am here today because my backyard property line is directly adjacent to the 2117 Castle Hayne Road which is under consideration for rezoning. The rezoning may directly have a negative impact on my property. Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 8 7 A plat of Hanover Lakes, Plat Book 62 Page 318-320 was recorded with a delineated 404 wetland on the subject property and extended into my property. Terrain Environmental Consulting performed a jurisdictional delineation of the parcel for rezoning which is included in the rezoning application. Terrain’s investigation was performed on July 4, 2023, it was reported no water was present onsite or within the ditches. However, this was an unseasonal dry period. The New Hanover County GIS Contour Map with the 2021 aerial overlay reveals the property devoid of vegetation with many wet areas and relatively flat. As stated in Terrain’s report the site contained two areas of wetland features which in Terrian’s opinion were not 404 jurisdictional wetlands. On page 2 of the report, it states the following: “Please note that non-jurisdictional confirmation with USACE has not been obtained.” The proposed site development indicates three buildings, hard surface parking, a retention pond, and additional vegetation removal. This is of concern with increased impervious area as relating to major rain events and retention pond outfall. Also given the flat topography, the additional drainage may contribute to increase the frequency of wet backyards. Currently Hanover Lakes is a peaceful and quiet neighborhood. If you look at the NH Zoning District Map we are surrounded by R-15 and R-20 residential zoning. While I realize that the property in question is already zoned commercial O & I, is it necessary to rezone to B2 which promotes more compacted businesses on one site. The B2 zoning next to Hanover Lakes will adversely affect the tranquility with additional noise, increased traffic congestion and visual impairment along Castle Hayne Road. If the parcel is rezoned and developed according to the proposed application, I recommend the following conditions should be in place: The USACE shall confirm a non-jurisdictional or 404 wetlands delineation prior to rezoning. Retention Pond outfall be identified as not to adversely affect Hanover Lakes. Retain trees as a vegetative buffer for visual & noise abatement. Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 9 8 Have minimum exterior lighting to reduce light pollution. Hours of Operation limited to a 7am – 8pm range. A Traffic Study to be done for this site and in relation to the 92 proposed Bill Clark home sites approximately 400 feet to the north of this site. Thank you for your 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 - December 11, 2023 ITEM: 15- 10 - 10 9 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, November 1, 2023 7:08 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7159 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 Tracie Last Name Hollack Address 2304 LAKESIDE CIR City WILMINGTON State NORTH CAROLINA Zip Code 28401-5675 Email teh1219@hotmail.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment Dear County, I am opposed to rezoning this land. I own and reside adjacent to this land and this will have a direct impact on me daily. I'm also particularly concerned that the proposed business will be one occupant of multiple and that the buildings to be rented could be intrusive to daily life (noise, visual disturbance, odors). What can be done to minimize impact besides declining the rezoning? Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 11 10 ISSUES: Stormwater Management - my backyard already has standing water with any amount of rain. If allowed to add fill and build up the land, this will result in increased water into my yard. I am aware there are plans for a retention pond, but in the event of a large rainfall or hurricane, how will you ensure this is sufficient? Also, the land was zoned as a 404 wetland in 2017 and was rezoned based on an assessment on July4th 2023 which was during the hottest week of this year. It doesn't appear due diligence has been done to ensure this isn't a jurisdictional wetland. Tree Retention - we have lost many trees already to what was zoned as a 404 wetland, what will ensure no more trees are removed? Landscaping & Buffering- due to the removal of said trees, I have a direct line of site to this property. Specifically what kind of fending and landscaping barrier will be required and maintained and how will this be enforced? Exterior Lighting - I am concerned of lighting shining into my backyard and back windows, into my living room and bedroom. Hours of Operation Restriction, 7am-8pm - during tree removal we were awakened to a bulldozer everyday at 7am. Now this will switch to a forklift for business deliveries? Is 7am-8pm seven days a week the best limitation we can request? Noise (contractors heavy vehicles etc) 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 - December 11, 2023 ITEM: 15- 10 - 12 11 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, November 1, 2023 6:05 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7158 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 SUSAN Last Name TANN Address 275 Hanover Lakes Dr. City WILMINGTON State NC Zip Code 28401-4489 Email susan.tann@yahoo.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment Hello, We oppose the rezoning of 2117 Castle Hayne Rd. due to the many problems it will inflict on our very quiet community. The trees will be removed causing more noise. Apparently, the protected water shed will be filled in, possibly causing flooding. We already struggle with too much traffic. It can take 5 minutes just to make a right hand turn out of our development. Allowing any type of business to move in without our prior knowledge of said businesses would create a terrible situation for our Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 13 12 neighborhood and decrease our home values over all. No one would want to purchase our homes with retail space right next door. You can see the same issues where houses border Arlington Rd. Storm water issues is another concern. Again, we oppose this rezoning. Thank you, Susan Tann 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 - December 11, 2023 ITEM: 15- 10 - 14 13 Farrell, Robert From:noreply@civicplus.com Sent:Tuesday, October 31, 2023 5:45 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7135 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 Maurice Last Name Daniel Address 3123 Reminisce Rd. City Castle Hayne State NC Zip Code 28429 Email mdaniel9april@icloud.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment October 31, 2023 Greetings: Thank you for the referenced petition. With recently established - installed regional dwelling units: River Bluffs; Sunset Reach; Rivendell Bay; Bountiful Village, et.al., please be mind of: Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 15 14 Student safety, especially during active school season, morning and evening work rush hours, and minor accidents and fender-benders are more and more of a concern. Thoughtful planning is vital to safety and traffic flows in the areas mentioned herein? Please be more mindful too, of the vital need for: less congested, less stop-and-go, Energy-saving traffic flows: Wider thoroughfares; Better Ingress and egress outlets; (Rockhill Rd. entry onto Castle Hayne Rd. is a challenging, difficult safety hazard); Center turning lanes; and Exit turning lanes... Please be mindful of burdens on (inner) older minor and major thoroughfares, especially in the areas of: Laney HS on North College to Holly Shelter; Castle Hayne Rd. from 23rd St. to Holly Shelter, and Blue Clay Road – from Castle Hayne Rd. to North College Road intersection. The area - region seems to be developing more and more notorious for congestion, delayed progress; and lane and pot- hole fixes that don’t last long at all. Thank you kindly, Maurice Daniel 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 - December 11, 2023 ITEM: 15- 10 - 16 15 Farrell, Robert From:Doss, Amy Sent:Tuesday, October 31, 2023 8:10 AM To:Farrell, Robert Subject:FW: OPPOSITION to Rezoning Request Z23-20 Amy Doss Current Planner New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7571 p | (910) 798-7838 f adoss@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Jenelle Smedley <jenellesmedley@gmail.com> Sent: Monday, October 30, 2023 10:57 AM To: Doss, Amy <adoss@nhcgov.com> Cc: Brad Smedley <bsmedley.bs@gmail.com> Subject: OPPOSITION to Rezoning Request Z23-20 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Jenelle and Willam Smedley 104 Hanover Lakes Drive Wilmington, NC 28401 October 30, 2023 New Hanover County Planning & Land Use Attn: Amy Doss 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Dear Ms. Doss: We are writing to express our strong opposition to the proposed rezoning of 1117 Castle Hayne Road in New Hanover County from O&I to B2. As residents of Hanover Lakes, we are invested in the well-being and future of our community, and we firmly believe that the proposed rezoning plan will have detrimental effects on our neighborhood. As proposed, the application has two differences that would require B2 zoning - contractors and retail, both of which we do not desire Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 17 16 as our neighbors in Hanover Lakes. The current zoning regulations have been integral in preserving the character of our community and maintaining a balance between residential and commercial spaces. Any modifications to the existing zoning regulations have the potential to disrupt this delicate equilibrium, leading to increased traffic congestion, decreased property values, and the loss of the unique identity that defines our neighborhood. Furthermore, the proposed rezoning lacks consideration for the environmental impact it may have on our natural surroundings. Plans have been discussed to fill in the current wetlands. Any changes that compromise the ecological balance of our area could have irreversible consequences for our local wildlife and green spaces. We urge you to carefully consider the concerns of the residents of Hanover Lakes and to prioritize the long-term well- being of the community over short-term commercial gains. Please hear the voices of those directly impacted by this decision and ensure that our very valid concerns are thoroughly heard and considered during this process. Thank you for your attention to this matter. We trust that you will carefully evaluate the implications of the proposed rezoning and make the best decision for the long-term prosperity and harmony of our beloved community. Sincerely, William and Jenelle Smedley Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 18 17 Farrell, Robert From:noreply@civicplus.com Sent:Tuesday, October 31, 2023 8:01 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7106 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 ANGELA Last Name SEALEY Address 2252 LAKESIDE CIRCLE City WILMINGTON State NC Zip Code 28401 Email asealey2012@gmail.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment My comments refer to the rezoning of 2117 Castle Hayne Rd from O & I to B 2. I am sure the Planning Board has considered the topography of this property and will push for the confirmation of the wetland areas by the US Army Corp of Engineers before making any changes. I have three major points that drive my comments. First, our home at 2252 Lakeside Circle, has water issues at the back of the property. The water needs a path to drain away from our home and the homes of all the residents affected. I Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 19 18 have seen a natural area at the very back of our property line that seems to collect the water (almost like a shallow ditch); I wondered if someone had cleared a path after a previous storm to remove debris. When we moved in, there were lots of trees on the acreage in question. With the clearing of those trees, I have seen more water collecting in this indented area. It is not my area of expertise but could a ditch between the area in question and the homes that are located on Lakeside Circle provide a respite from overflow water from storms? Water is a major concern for any homeowner so I hope the planning board will consider our home values moving forward. Second, in looking at the overall plan for this area of Castle Hayne Rd, the current zoning seems to be a better fit for the appearance and traffic issues a larger facility would make. This change would affect property values as well. Third, we appreciate the effort made to include a retention pond and landscaping as well as grading the area to accommodate water flow. We also appreciate the way the noise and light issues have been addressed. Our concern is with the traffic flow. Another entrance on Castle Hayne Rd to this area as well as the upcoming project on the other side of the property leaves many questions as to how traffic will be able to flow. Consider emergency vehicles trying to operate on an already overflowing road. I kindly ask the planning board to acknowledge the traffic issues and address them with insight into future changes. Your consideration of these comments/points is most appreciated. I have faith that the planning board will do what is best for our area and protect our property values. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 20 19 Farrell, Robert From:noreply@civicplus.com Sent:Monday, October 30, 2023 10:37 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7102 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 Pamela Last Name Hudson Address 247 Hanover Lakes Dr City Wilmington State NC Zip Code 28401 Email Field not completed. Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment To: Members of the New Hanover County Planning Board Re: Rezoning Decision for parcel located at 2117 Castle Hayne Rd I’m taking this opportunity to express my opposition to the proposed re-zoning of the parcel located at 2117 Castle Hayne Rd. My concern lies along three areas: 1) Traffic. Traffic volume along castle Hayne Rd has increased Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 21 20 exponentially over the past 7 years, without a corresponding improvement in roadway infrastructure. Housing development has exploded along the Castle Hayne traffic artery, bringing with it a massive increase in traffic. Wait times to enter Castle Hayne Rd from side streets has increased, causing impatience among drivers who have now begun to take chances, putting other drivers at risk and causing an increase in traffic accidents, causing further traffic congestion and delays. Rezoning this parcel will only add to an already problematic traffic situation. 2) Flooding/Storm Water Management: As you are aware, one of the benefits of coastal soil is that it is very absorbent, which protects us against flooding and the resulting financially devastating property damage. Commercial and Residential development along Castle Hayne Rd over the past 7 years has added a tremendous amount of asphalt and concrete, which has removed much of our absorbent soil, forcing more and more storm runoff onto less and less absorbent areas and funneling an expanding volume of water into low-lying areas. As you are aware, this property abuts a Special Hazard Flood Area that bisects Castle Hayne Rd. More stormwater rushing into this area increases the likelihood of a flood which will cut off a now major north-south traffic artery into and out of downtown. 3) Vegetation Conservation: Increasing the amount of asphalt and concrete correspondingly decreases the vegetation which absorbs stormwater, serves as an ecological filter, and provides oxygen to our atmosphere. Further, asphalt absorbs and emits a tremendous amount of heat, whereas the vegetation that is removed helps to keep our area cooler. Removing the vegetation encroaches on the native species that inhabit our local area (rabbits, deer, turkey, toads, frogs, lizards, insects, hawks, cardinals, geese, many other birds, raccoons, opossums, squirrels, chipmunks, etc). The vegetation on that parcel serves as a vital buffer for these animals from the heavy traffic on Castle Hayne Rd. These creatures are vital to the health of our local ecosystem, and the vegetation is vital to their survival. Please strongly consider keeping the status quo in this zoning decision and limiting further development along Castle Hayne Rd which is quickly approaching over-development. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 22 22 Farrell, Robert From:noreply@civicplus.com Sent:Monday, October 30, 2023 8:41 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7100 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 Thomas Last Name Puza Address 2440 Lakeside Circle City Wilmington State NC Zip Code 28401 Email Tomp5147@aol.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment Our family opposes this rezoning as it would be a detrimental to the surrounding neighborhood in terms of further congestion on Castle Hayne Road, increased flooding in the surrounding area and harm to the wildlife in the area. Upload supporting files Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 23 24 Farrell, Robert From:noreply@civicplus.com Sent:Monday, October 30, 2023 4:43 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7099 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Donna Last Name Balogh Address 203 Hanover Lakes Dr. City Wilmington State NC Zip Code 28401 Email donnab1958@comcast.net Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment I strongly oppose the proposed rezoning from O&I to B2, Z23- 20 Castle Hayne Flex Space in New Hanover County. As a resident in the neighborhood to the immediate south of the site and invested in the well being and future of our community, I firmly believe the proposed rezoning plan will have detrimental effects on our neighborhood. The current zoning regulations have been integral in preserving the character of our community and maintaining a balance between residential and commercial spaces. Any Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 24 25 modifications to the existing zoning regulations have the potential to disrupt this equilibrium, leading to increased traffic congestion, decreased property values and the loss of the unique identity that defines our neighborhood. The proposed rezoning lacks consideration for the environmental impact it may have on our natural surroundings especially with the discussion of filling in the current wetlands which could have irreversible consequences for our local wildlife and green space. Please carefully consider the concerns of the residents and prioritize the long term well being of the community over short term commercial gains. Hear the voices of those directly impacted by this decision and ensure that their opinions are thoroughly heard and considered during this process. Again, I am in strong opposition to the proposed rezoning mentioned above. Thank you for your attention to this matter and for considering the impact this rezoning will have on the nearby residents. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 25 26 Farrell, Robert From:noreply@civicplus.com Sent:Saturday, October 28, 2023 4:08 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7068 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 James Last Name Watson Address 2352 Lakeside Circle City Wilmington State NC Zip Code 28401 Email watsonjamesg@yahoo.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment To: Members of the New Hanover County Planning Board Re: Rezoning Decision for parcel located at 2117 Castle Hayne Rd Good afternoon. I’m taking this opportunity to express my opposition to the proposed re-zoning of the parcel located at 2117 Castle Hayne Rd. My concern lies along three areas: 1) Traffic. Traffic volume along castle Hayne Rd has increased Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 26 27 exponentially over the past 7 years, without a corresponding improvement in roadway infrastructure. Housing development has exploded along the Castle Hayne traffic artery, bringing with it a massive increase in traffic. Wait times to enter Castle Hayne Rd from side streets has increased, causing impatience among drivers who have now begun to take chances, putting other drivers at risk and causing an increase in traffic accidents, causing further traffic congestion and delays. Rezoning this parcel will only add to an already problematic traffic situation. 2) Flooding/Storm Water Management: As you are aware, one of the benefits of coastal soil is that it is very absorbent, which protects us against flooding and the resulting financially devastating property damage. Commercial and Residential development along Castle Hayne Rd over the past 7 years has added a tremendous amount of asphalt and concrete, which has removed much of our absorbent soil, forcing more and more storm runoff onto less and less absorbent areas and funneling an expanding volume of water into low-lying areas. As you are aware, this property abuts a Special Hazard Flood Area that bisects Castle Hayne Rd. More stormwater rushing into this area increases the likelihood of a flood which will cut off a now major north-south traffic artery into and out of downtown. 3) Vegetation Conservation: Increasing the amount of asphalt and concrete correspondingly decreases the vegetation which absorbs stormwater, serves as an ecological filter, and provides oxygen to our atmosphere. Further, asphalt absorbs and emits a tremendous amount of heat, whereas the vegetation that is removed helps to keep our area cooler. Removing the vegetation encroaches on the native species that inhabit our local area (rabbits, deer, turkey, toads, frogs, lizards, insects, hawks, cardinals, geese, many other birds, raccoons, opossums, squirrels, chipmunks, etc). The vegetation on that parcel serves as a vital buffer for these animals from the heavy traffic on Castle Hayne Rd. These creatures are vital to the health of our local ecosystem, and the vegetation is vital to their survival. Please strongly consider keeping the status quo in this zoning decision and limiting further development along Castle Hayne Rd which is quickly approaching over-development. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 27 29 Farrell, Robert From:noreply@civicplus.com Sent:Saturday, October 28, 2023 3:16 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7067 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 Nicole Last Name Teiber Address 132 Hanover Lakes Dr City Wilmington State Nc Zip Code 28401 Email 2nikkir@gmail.com Projects available for comment. PB Meeting - Z23-20 - Flex Space - 2117 Castle Hayne Rd What is the nature of your comment? Oppose project Public Comment I have huge concerns about changing this zoning. My concerns include noise, traffic, storm water drainage and ruining the area with undesirable businesses making the area unfriendly to family living. It’s about time we have a long term vision for NHC and stop land development only for the sake of lining your friends’ pockets. Upload supporting files Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 28 31 Farrell, Robert From:nikki <2nikkir@gmail.com> Sent:Saturday, October 28, 2023 1:05 PM To:LaCoe, Rachel; Farrell, Robert; kvafier@nhcgiv.com; Roth, Rebekah Subject:Zoning choices that reflect poor decisions ** External Email: Do not click links, open aƩachments, or reply unƟl you know it is safe ** Dear Planning Commissioners: I live in Hanover Lakes and I am concerned about the changes in zoning on the property adjacent to and north of our neighborhood. My specific concerns include noise due to trucks and other loud vehicles and equipment, traffic, safety, storm water management, care of the property and estheƟc appeal to street. As usual, there is no long term vision for development in this area. The proposed zoning will not benefit anyone living in this area and especially the people in my neighborhood. An example of no vision is Porters Neck which went from being one of the most aƩracƟve communiƟes in NHC 20 years ago to now being unsightly and trashy. You are only interested in lining your pockets and kick backs to others who also make poor choices regarding the development of NHC. I will be noƟng who makes the decisions and how you vote. Those decisions will strongly influence how I vote in all future elecƟons. Geographically speaking, Wilmington is one of the preƫest places in the US but most of you are in a hurry to ruin it. Please be smart about the decisions you make regarding the small tract of land next to Hanover Lakes. It could be a first step in the right direcƟon. Sincerely, Nicole Reiber Board of Commissioners - December 11, 2023 ITEM: 15- 10 - 29 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 12/11/2023 Regular D E PA R T M E N T: Planning P R E S E N T E R (S ): Zach D ickerson, Senior Planner C O N TA C T (S ): Zach D ickerson; Robert Farrell, D evelo pment Review Supervisor; Rebekah Roth, Planning & L and U se D irector S U B J EC T: P ublic Hearing Rezoning Request (Z 23-21) – Request by Ronald C arloc k with C I P C onstruc 7on C ompany, applican t, to rezone approximately 33.54 acres zoned R-15, Residen7al, B -2, High way C ommercial, and I -1, L ig h t I ndustrial located at 8138 M arket S treet to (C Z D) R M F -M , Residen7al M ul7 -Family M oderate Hig h Density for a m axim um 348 single family aBached dwelling units. B R I E F S U M M A RY: T he applicant is propo sing to rezone approxima tely 33.54 acres f ro m B -2, Regional B usiness, I -1, L ight I ndustrial, and R -15, Residen/al, to the (C Z D ) R M F-M Residen/al Mul/-Family, Moderate Density district for a ma ximum 348-unit townho me develo pment. T he concept plan consists of 348 residen/al units laid o ut in 30 buildings. Each row o f buildings has two end units which are two stories with no garage- parking is in a drivewa y. T he dwellings in between the two sto ry units in each row are three stories with a garage on the ground floor. T he R -15 district in this area was established in 1971. At the /me, the purpo se o f the R -15 district was to ensure that ho using served by private sep/c and well wo uld be develo ped at low densi/es. Sinc e that /me, water a nd sewer services have become available to the surro unding a rea . T he B -2 por/on o f this site was rezoned in 1985 to be compa/ble with the a uto parts business that was already in opera/on on the site. T hat auto parts sto re is no longer on the site. T he I -1 zoning designa /o n f o r this property reflected the industria l uses already in existence at the /me this area o f the county was ini/ally zoned. T he exis/ng industrial uses and proper/es will remain and are no t aff ected by this rezoning. T he I -1 por/on of the site is only 0.15 acres in area whic h is to o small f o r considera/o n o f po ssible develo pment. I t is included in this development to provide suffi c ient access to the interio r o f the site. T he R MF-M district was established to pro vide lands that accommodate mo derate density single-f amily a nd mul/- family development. T he intent o f the R MF-M district is to func/on as a transi/onal district between intensive no nresiden/al develo pment and higher density residen/al areas. T he district is designed to provide a reasonable range of cho ice, type, and lo ca/on of housing units. T his site is located in the S pecial H ighway O verlay District (S H O D ), which prescribes a minimum 100' front setback f o r buildings. T he S H O D also prescribes maximum square footage and height of signs. T he amenity building meets the 100' setback. As currently zoned, the R -15 por/on of the site would a llo w 75 dwelling units under a performance residen/al Board of Commissioners - December 11, 2023 ITEM: 16 subdivisio n. I t is es/mated that the 2.88 acres o f property zo ned B -2 c an genera lly suppo rt approximately 22,500 square f eet o f tradi/o nal retail uses based on a typica l 18% building a rea f o r this type o f zoning. T he pro posed 348 units would result in an overall density o f 10.94 dwelling units per acre. As currently zoned, it is es/mated tha t the site would genera te approximately 106 AM peak ho ur trips and 219 P M peak hour trips. T he propo sed R M F -M development is es/mated to generate 131 A M peak ho ur trips and 170 P M peak hour trips, increasing the number of A M pea k hour trips by 25 and decreasing the number of P M peak hour trips by 49. T he pro posed project is located a lo ng a principal arterial highway that is currently over ca pa c ity; ho wever, the Military C utoff E xtension recently o pened and is an/cipated to reduce traffi c co nges/on in the Porters N eck area. T he applicant has had a T I A approved by the N C D OT and W M P O requiring several ro adway impro vements, including a new right-turn lane o n Market Street on a northbound approach to this development and a new traffic signal at C ypress Po nd Way. T here is a connec/on to B ra ys Drive which the a pplicant has propo sed for emergency a c c ess only. T he T I A approval was ba sed on full access at B rays D rive, which staff would reco mmend. I f the B oard is in suppo rt o f the applicant ’s pro posed gated a c c ess at B rays D rive, an updated T I A approval leGer wo uld be required from the W M P O and N C D OT. (T he full T I A can be viewed here). Students living in the proposed development would be assigned to Po rters N eck E lementary School, H o lly Shelter Middle S chool and L aney H igh School. B ased on a genera lized historic genera/o n rate, staff would es/mate the increase in ho mes would result in approximate 57 a ddi/o na l students than wo uld be generated under current zo ning. T he C omprehensive Plan designates these proper/es as both U rban Mixed U se and General Residen/al. T he General Residen/al place type f o cuses on lower density housing and associated civic and commercia l services, reco mmending up to 8 dwelling units per acre. T he U rban Mixed U se pla c e type focuses on higher density ho using and associated commercial services. T his project's pro posed density at 10.94 units per acre sits between the two place types' density reco mmenda/o ns. T he pro ject is also loca ted within the Porters N eck Growth N ode, iden/fi ed in the 2016 C o mprehensive Plan. O n J uly 17, 2023, the B oard of C ommissioners ado pted a new strategic plan for Fiscal Years 2024-2028. T his plan focuses on three co re areas: wo rkf o rce and eco nomic develo pment, co mmunity safety and well-being, a nd sustainable land use and enviro nmental stewardship. T he pro posed (C Z D ) R M F-M rezo ning would provide now aGached single- family homes in a n area of the co unty that is largely single-f amily, detached and c an aid in achieving the ta rget o f increasing the housing supply to a level of one residen/al unit per every two residents. T he 2022 Housing N eeds Assessment, also kno wn as the B owen Repo rt, co ncluded there is an es/mated o verall housing gap o f 12,147 rental units and a gap of 16,875 for-sale units within the co unty o ver the next 10 years. T he pro posed project wo uld provide a maximum of 348 housing units. Addi/o nally, the project propo ses 39% open space, 19 mo re than the minimum required f o r perf o rmance residen/al developments. T he pro posed R M F-M district and projec t are in line with the C o mprehensive Plan’s recommenda/ons for the U rban Mixed U se and General Residen/al place types. W hile the pro posed project ’s density is lo wer than recommended f o r the U rban Mixed U se place type, it is higher than that which is recommended for General Residen/al. T his pro posed pro ject fi ts in between the two place types. T he applica/o n provides f o r the type o f use and density that is appropriate within this area and within the growth node. T he propo sed R M F-M zo ning is generally C O N S I S T E N T with the 2016 C o mprehensive Plan bec ause the district is more in line with the densi/es that are appropriate f o r proper/es located in bo th the U rban Mixed U se and General Residen/al pla ce types. W hile staff wo uld prefer addi/onal c o nnec/ons and more commercial develo pment along the commercial corrido r, the applica/on provides housing and a n a ppro pria te tra nsi/o n from the commercial no de to the lower density residen/al areas to the east. Board of Commissioners - December 11, 2023 ITEM: 16 T he Pla nning B oard considered this item a t their N o vember 2 Planning B oard mee/ng. S everal members o f the public spoke in general o ppo si/on to the project ci/ng co ncerns with the pro posed density and traffic. Several residents o f the adjacent Po rters Po inte Subdivisio n, including member o f the Homeo wners Asso cia/on, expressed suppo rt for the pro ject but o ppo sed staff ’s rec o mmenda /o n fo r f ull through access on to B rays D rive and the bicycle and pedestrian access ci/ng co ncerns with increased traffic and public safety. T he Pla nning B oard voted (4-2) to reco mmend a ppro val o f the request with condi/ons, including support f o r the B rays Drive access po int to be emergency only. Planning B oa rd members Pete Avery and Hansen MaGhews dissented. Mr. Avery stated he supported the project, ho wever vo ted against the project because he did no t support the condi/on requiring bicycle and pedestrian connec/vity included in the mo/on. Mr. MaGhews stated he was opposed because the pro posal did no t include any affordable or workforce ho using co mponents. T he Planning B o ard reco mmended the following condi/ons: 1. Access to and f ro m B rays Drive shall be gated a nd restric ted to emergency vehicles o nly 2. B uff ers against residen/al pro per/es a re widened beyond N ew Hanover C ounty minimum buffer width requirements as sho wn on the co ndi/o nal zoning plan. T he buffers and open space areas are variable widths and will contain a mixture of preserved exis/ng trees and/o r augmented vegeta/on. 3. Areas o f buff er and open space o utside o f essen/al site impro vements and easements will preserve exis/ng trees that are no t dead, dying, o r o therwise hazardous. 4. B icycle and pedestrian infrastructure shall be installed up to the property line where internal roads c o nnect to adjacent parcels. 5. An overland relief path within a public dra ina ge easement will be pro vided from the exis/ng pond to the pro posed po nd o uNall. 6. B uildings will be a maximum of three stories. S T R AT EGI C P L A N A L I G N M E N T: S us tainable L and U s e & Environmental S tew ards hip Through planned grow th and dev elopment, res idents have acces s to their basic need Connect res idents to bas ic needs thr ough a variety of hous ing and tr ansporta/on op/ons. R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Staff ’s reco mmenda/o n is based on the policy guidanc e of the 2016 C o mprehensive Plan, zo ning co nsidera/ons, and technical review. T he propo sal includes a density a nd housing type that appropriately sits in between the reco mmended densi/es for the General Residen/a l pla c e type a nd the U rban Mixed U se place types. W hile staff wo uld pref er more co mmercial development alo ng the Ma rket St corrido r, the applica/o n pro vides ho using and an appro priate transi/o n from the commercial node to the lower density residen/al areas to the east. B ecause of the number of housing units proposed, sta ff is in support of addi/o nal co nnec/vity for the pro ject, giving it at least two access points if prac/cal. T here is an o ppo rtunity f o r tha t co nnec/on via B rays D rive, a ro ad dedicated f o r public use. Staff's intent of that connec/on is for residents of the new development to be able to access Po rters N eck Road and the scho o l mo re easily, and for residents of the Po rters Pointe neighborho o d to have beGer access to Market Street. Staff is also in suppo rt of the bicycle and pedestria n connec/o ns f o r this project, per the recommenda/ons of the C o mprehensive Plan for integra/on of mul/-modal tra nsporta /o n to encourage saf e, walkable co mmuni/es and Board of Commissioners - December 11, 2023 ITEM: 16 the po ten/al future mul/-use path along Porters N eck Roa d. As a result, staff co ncurs with the Planning B oard’s rec o mmenda /o n with the excep/o n of the limited access on B rays Drive and reco mmends the following mo/on: I move to A P P R OV E the pro posed rezoning. I find it to be C O N S I S T E N T with the purposes and intent o f the C o mprehensive Plan because the district is more in line with the densi/es that are appro priate for pro per/es lo cated in bo th the U rban Mixed U se and General Residen/a l pla c e types. I a lso find A P P R OVA L o f the rezo ning request is reaso nable and in the public interest because the applica /o n pro vides ho using and an appropriate transi/on f ro m the commercial no de to the lo wer density residen/al a rea s to the east. Rec ommended C ondi7ons: 1. T he connec/o n to B rays D rive shall be a full thro ugh c o nnec/on. 2. B uff ers against residen/al pro per/es a re widened beyond N ew Hanover C ounty minimum buffer width requirements as sho wn on the co ndi/o nal zoning plan. T he buffers and open space areas are variable widths and will contain a mixture of preserved exis/ng trees and/o r augmented vegeta/on. 3. Areas of buffer and o pen spa c e o utside o f essen/al site improvements a nd easements will preserve exis/ng trees that are no t dead, dying, o r o therwise hazardous. 4. B icycle and pedestrian infrastructure shall be installed up to the pro perty line where internal ro ads connect to adjacent parcels 5. An o verland relief path within a public drainage easement will be pro vided from the exis/ng po nd to the pro posed po nd o uNall. 6. B uildings will be a maximum of three stories. A lterna7 ve M o7on for D E N I A L (if based on informa/o n presented at the public hearing or other co nsidera/on beyond the sco pe o f staff review, the board finds denial a ppro pria te.) I move to D E N Y the proposed rezoning. W hile I find it to be C O N S I S T E N T with the purpo ses and intent o f the C o mprehensive Plan because the district is more in line with the densi/es tha t are a ppro pria te for proper/es located in both the U rban Mixed U se a nd Genera l Residen/al place types, I fi nd D E N I A L of the rezo ning request is no t reasonable and in the public interest because the exis/ng B -2 zoning is mo re appropriate along the Market Street corrido r and the pro posal funnels to o nly one access po int. AT TA C H M E N T S : Descrip/on Z23-21 BOC Script Z23-21 BOC Staff Report Z23-21 Zoning Map Z23-21 Future Land Use Map Z23-21 Mail Out Map Initial Application Cover Sheet Z23-21 Application Packet Concept Plan Cover Sheet Z23-21 Concept Plan Z23-21 TIA Approval Letter Traffic Impact Analysis Cover Sheet Z23-21 TIA Executive Summary Board of Commissioners - December 11, 2023 ITEM: 16 Public Comments Cover Sheet Z23-21 Compiled Public Comments BOC Z23-21 Staff Presentation C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) Reco mmend with staff co ndi/ons. C O M M I S S I O N E R S ' A C T I O N S : Board of Commissioners - December 11, 2023 ITEM: 16 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-21) Rezoning Request (Z23-21) – Request by Ronald Carlock with CIP Construction Company, applicant, to rezone approximately 33.54 acres zoned R-15, Residential, B-2, Regional Business, and I-1, Light Industrial located at 8138 Market Street to (CZD) RMF-M, Residential Multi-Family Moderate High Density for a maximum 348 single-family attached dwelling units. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation and supporter comments (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities that are appropriate for properties located in both the Urban Mixed Use and General Residential place types. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the application provides housing and an appropriate transition from the commercial node to the lower density residential areas to the east. Recommended Conditions: 1. The connection to Brays Drive shall be a full through connection. 2. Buffers against residential properties are widened beyond New Hanover County minimum buffer width requirements as shown on the conditional zoning plan. The buffers and open space areas are variable widths and will contain a mixture of preserved existing trees and/or augmented vegetation. 3. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. Board of Commissioners - December 11, 2023 ITEM: 16- 1 - 1 4.Bicycle and pedestrian infrastructure shall be installed up to the property line where internal roads connect to adjacent parcels. 5.An overland relief path within a public drainage easement will be provided from the existing pond to the proposed pond outfall. 6.Buildings will be a maximum of three stories. Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. 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. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities that are appropriate for properties located in both the Urban Mixed Use and General Residential place types, I find DENIAL of the rezoning request is reasonable and in the public interest because the existing B-2 zoning is more appropriate along the Market Street corridor and the proposal funnels to only one access point. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Board of Commissioners - December 11, 2023 ITEM: 16- 1 - 2 Z23-21 Staff Report BOC 12.11.2023 Page 1 of 20 STAFF REPORT FOR Z23-21 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-21 Request: Rezoning to a Conditional RMF-M district Applicant: Property Owner(s): CIP Construction Company Bee Safe Porters Neck, LLC Herbert E Parham Robert L Yunaska Location: Acreage: 8100 Block of Market Street 33.54 PID(s): Comp Plan Place Type: R03600-005-006-002, R03600-005-007-000, R03700-004-147-000, R03700-004-148-000, R03700-004-189-000, R03600-006-082-000 General Residential & Urban Mixed Use Existing Land Use: Proposed Land Use: Vacant Office, Undeveloped & Forestry Townhomes (Attached Single-Family, Row- House) (Maximum 348 units) Current Zoning: Proposed Zoning: B-2, Regional Business & R-15, Residential, and I- 1, Light Industrial (CZD) RMF-M SURROUNDING AREA LAND USE ZONING North Self-Storage and Food Lion Shopping Center, Open Space B-1, B-2 & R-15 East Single-Family Residential R-15 South Single-Family Residential R-15 Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 1 Z23-21 Staff Report BOC 12.11.2023 Page 2 of 20 West Offices & Light Industrial (directly west) Porters Neck Shopping Center (Walmart), Doctors Offices (across Market St) I-1 & B-2 ZONING HISTORY July 6, 1971 Initially zoned R-15 and I-1 (Area 5). December 2, 1985 B-2 portion rezoned to be compatible with the auto parts store in operation on the site (Z-249) COMMUNITY SERVICES Water/Sewer Water services are available through CFPUA. Sanitary sewer is available through CFPUA with a force main connection or can be serviced by a private septic system approved and permitted by the NHC Health Department. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Porters Neck Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources, there is an existing pond on the eastern boundary of the site which will remain. Historic No known historic resources Archaeological No known archaeological resources Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 2 Z23-21 Staff Report BOC 12.11.2023 Page 3 of 20 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct a maximum of 348 townhouse units with an associated amenity center. • The applicant’s proposed conceptual plan includes a building height maximum of 3 stories. • In each row, the end unit townhomes are two stories with a driveway and no garage. The units in between in each row are three stories with a garage on the ground floor. The townhomes closest to the single family homes are placed in proximity to the common areas of the existing abutting neighborhoods. • The concept plan places the amenity center and leasing office at the entrance to the development, abutting the commercial corridor. • The applicant’s proposed conceptual plan indicates that 13 acres (about 39%) of the site will be reserved as open space, exceeding the UDO requirement of providing 20% open space. • The concept plan preserves the existing live oak trees on the site and the existing pond toward the rear of the development. • The applicant’s proposed conceptual plan includes opaque buffers along all property boundaries that abut residential uses, noting that existing vegetated areas along the periphery will be preserved and used as buffers. This feature of the concept plan has been included as a condition. Stormwater Pond Ma r k e t S t Brays Drive Access Point Amenity Center and Main Access Point Existing Pond Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 3 Z23-21 Staff Report BOC 12.11.2023 Page 4 of 20 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 well would be developed at low densities. Since that time, water and sewer services have become available to the surrounding area. • As currently zoned, the R-15 portion of the site would allow 75 dwelling units under a performance residential subdivision. • The B-2 portion of this site was rezoned in 1985 to be compatible with the auto parts business that was already in operation on the site. That auto parts store is no longer on the site. • The B-2 portion at 2.88 acres could support approximately 22,500 square feet of traditional retail uses based on a typical 18% building area for this type of zoning. • The I-1 zoning designation for this property reflected the industrial uses already in existence at the time this area of the county was initially zoned. The existing industrial uses and properties will remain and are not affected by this rezoning. The I-1 portion of the site is only 0.15 acres which is too small for consideration of possible development. It is included in this development to provide sufficient access to the interior of the site. • The proposed site is located in the Special Highway Overlay District (SHOD), which prescribes a minimum 100’ front setback for buildings. This may be reduced by 25% if the development provides additional plantings along the right-of-way. The SHOD also prescribes maximum square footage and height of signs. The proposal meets the SHOD requirements. • While the site is zoned B-2, I-1 and R-15, the site is surrounded by commercial uses on its Market Street frontage and single-family residential, zoned R-15, to the east, north and south. • The RMF-M district was established to provide lands that accommodate moderate density single-family and multi-family development. The intent of the RMF-M district is to function as a transitional district between intensive nonresidential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. • Under the RMF-M zoning district, there is a maximum density of 17 units per acre and structures are limited to 3 stories unless an additional height allowance is granted, which requires stricter setbacks. The applicant has specified a height maximum of 3 stories on their concept plan. • The proposed project has an overall density of 10.94 dwelling units per acre. • The UDO requires streets to be continuous and to connect to existing or platted streets without offset, including streets to adjacent developments. New subdivisions may be exempted from this if there are existing documented environmental features such as wetlands or natural water bodies- the stub street to the southeast of the site is exempt due to the existing pond on site. • The UDO requires Type A: Opaque Buffers where the site abuts single-family residential zoned parcels. This can include fencing, a berm and/or vegetation. The concept plan proposes wider buffers than required, including using the existing vegetation on-site. Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 4 Z23-21 Staff Report BOC 12.11.2023 Page 5 of 20 • 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 Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 5 Z23-21 Staff Report BOC 12.11.2023 Page 6 of 20 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 75 single-family dwelling units and approximately 22,500 sq ft of traditional retail. PROPOSED ACCESS Primary Access Market Street via a right-in, right-out driveway. Secondary Access Brays Drive (Dedicated for public use, but privately owned and maintained by the Porters Pointe HOA) EXISTING ROADWAY CHARACTERISTICS Affected Roadway Market Street (US 17) Porters Neck Road Type of Roadway NCDOT principal arterial NCDOT minor collector Roadway Planning Capacity (AADT) 41,369 10,979 Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 6 Z23-21 Staff Report BOC 12.11.2023 Page 7 of 20 Latest Traffic Volume (AADT) 42,500 15,000 Latest WMPO Point-in-Time County (DT) 49,785 15,392 Current Level of Congestion Above planning capacity Above planning capacity NEARBY NCDOT STIP ROADWAY PROJECTS U-4902D – Market Street Improvements (Per NCDOT documents, proposed to be completed in 2023 but will likely be 2024- 2025) - Access management improvements from N. College Road to Station Road and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive intersection. - Installation of a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10-foot wide multi-use path on the eastern side of the street and a 5-foot wide sidewalk on the western side of the street. - With the widening of Market Street there will be a signalized U-turn with a bulb-out just south of the proposed entrance. TRAFFIC GENERATION Traffic Generated by Present Designation (R-15, 75 du) Traffic Generated by Present Designation (B-2, 22,500 sq ft retail) Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 53 53 131 +25 PM Peak Hour Trips 71 148 170 -49 Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 7 Z23-21 Staff Report BOC 12.11.2023 Page 8 of 20 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 January 31, 2023 Development Proposal Analyzed 348 Dwelling Units- Multi-Family (low rise) residential. Study Intersections - Market Street and Hays Lane/Commercial Driveway - Market Street and Cypress Pond Way - Market Street and Porters Neck Road - Porters Neck and Brays Drive (Site Access 2) - Market Street and Site Access 1 Trip Generation - 131 AM peak hour trips - 170 PM peak hour trips - 2,306 average daily trips Traffic Data Collection - September 13, 2022 Trip Distribution and Assignment - 60% to/from the south on Market Street - 40% to/from the north on Market Street Approved Developments & Background Growth - Marsh Oaks Mixed Use- 10,200 sq ft of medical, 6,300 sq ft of strip retail, and 2,400 sq ft of high-turnover sit-down restaurant. - Primrose School of Mayfaire, 191-student daycare. - Planned Roadway/Intersection Improvements o Military Cutoff Road Extension (TIP U-4751), opened October 2023 - Full Build – 2023 - Growth Rate – 1% per year Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 8 Z23-21 Staff Report BOC 12.11.2023 Page 9 of 20 Required Improvements Intersection: Market St and Hays Lane/Commercial Driveway - No improvements required Intersection: Market St and Cypress Pond Way - Install a traffic signal and provide necessary coordination. Intersection: Market St and Porters Neck Road - No improvements are required Intersection: Porters Neck Road and Brays Drive - No improvements are required. Intersection: Market St and Site Access 1 - Construct a continuous northbound thru-right turn lane on Market St from the ABC store driveway continuing up to the thru-right lane at the intersection of Market St and Porters Neck Road. SUMMARY The proposed project is located along a principal arterial highway that is currently over capacity; however, the Military Cutoff Extension recently opened and is anticipated to reduce traffic congestion in the Porters Neck area. The applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including a new right-turn lane on Market Street on a northbound approach to this development and a new traffic signal at Cypress Pond Way. There is a connection to Brays Drive which the applicant has proposed for emergency access only. The TIA approval was based on full access at Brays Drive, which staff would recommend. If the Board is in support of the applicant’s proposed gated access at Brays Drive, an updated TIA approval letter would be required from the WMPO and NCDOT. ENVIRONMENTAL • This property is not within a Natural Heritage Area. There is an existing pond on the site. Per New Hanover County Engineering, the end of Lantana Lane and areas adjacent to the existing pond have some historic flooding concerns. There is a suggested condition for an overland relief path, such as a drainage ditch, within a public drainage easement from that pond to the stormwater pond outfall. • The property is within the Pages Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (Moderate), Class III (Severe) and Class IV (Unsuitable) soils. However, the project will be served by CFPUA public water and sewer. • The concept plan notes wetlands that were determined on a survey completed in 2003. The concept plan states the permits will be updated through the Army Corps of Engineers. The wetland designation was determined before recent changes to the federal definition of wetlands. Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 9 Z23-21 Staff Report BOC 12.11.2023 Page 10 of 20 OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Porters Neck Elementary School, Holly Shelter Middle School, and Laney High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 75 dwelling units would be permitted under the current R-15 zoning base density, and 348 units could potentially be developed under the proposed zoning for an increase of 273 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 57 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. • The county uses the most current NHCS facility needs study in its analysis, and it currently shows the student population is anticipated to grow by approximately 1,300 students over the next 10 years. However, a more recent New Hanover County School Facility Utilization Study presented to the School Board in September 2023 indicated only approximately 400 more students by the 2032-2033 school year, though numbers are anticipated to be higher during certain schools’ years over the next ten years. This study has not been fully reviewed by Planning staff or presented to the Board of Commissioners. That is expected to occur in early 2024. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 75 residential units Approximate** Total: 16 (8 elementary, 3 middle, 5 high) Proposed Zoning 348 residential units Approximate** Total: 73 (35 elementary, 14 middle, 24 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an average of 0.21 public school students (0.10 for elementary, 0.04 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Developments of the size and type associated with the proposed rezoning may not reach full build-out for a few years, as reflected in the anticipated 2024 build-out referenced in Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 10 Z23-21 Staff Report BOC 12.11.2023 Page 11 of 20 the Traffic Impact Analysis. As a result, existing school enrollment and capacity is not likely to be relevant. New Hanover County Schools staff would include this project if approved in future facility planning initiatives in order to accommodate any resulting student growth. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2023-2024 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year. **Capacity calculations were determined based on the capacities for the 2023-2024 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. ***According to recent correspondence with New Hanover County Schools Staff, purchase of portable units is anticipated for the 2023-2024 school year. • 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. • The more recent New Hanover County Schools School Facility Utilization Study has been prepared and was presented to the School Board in September 2023, and it identified updated capacity upgrade projects that will be presented to the Board of Commissioners at the planned work session in early 2024. Level Total NHC Capacity School Enrollment of Assigned School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 88% Porters Neck 655 549 119% Yes*** Middle 88% Holly Shelter 818 991 83% None High 100% Laney 2251 1927 116.8% None Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 11 Z23-21 Staff Report BOC 12.11.2023 Page 12 of 20 New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis Through planned growth and development, residents have access to their basic needs. The strategic objective to achieve this desired outcome includes the provision of a variety of housing options. The proposed CZD RMF-M rezoning will provide new attached single- family homes in an area of the county that is largely single-family, detached and can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. The 2022 Housing Needs Assessment, also known as the Bowen Report, concluded there is an estimated overall housing gap of 12,147 rental units and a gap of 16,875 for-sale units within the County over the next 10 years. Natural areas and critical environmental features are enhanced and protected. While the conceptual plan included as part of the proposed rezoning shows wetlands on the site, the proposed development will not disturb a large component of them and the areas that will be impacted have been determined to not be jurisdictional wetlands subject to Army Corps of Engineers regulations. Homes are not proposed to be located near the existing pond on site. The proposed project sets aside approximately twice the amount of open space, at 13 acres, or 39% of the overall site. The plan also proposes to protect existing large live oak trees on the site. Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 12 Z23-21 Staff Report BOC 12.11.2023 Page 13 of 20 Representative Developments Representative Developments of R-15 (Existing Zoning): Cottage Grove B-2 Retail Development along Major Road Corridor Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 13 Z23-21 Staff Report BOC 12.11.2023 Page 14 of 20 Representative Developments of Townhomes (Proposed Zoning/Land Use): Plantation Village Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 14 Z23-21 Staff Report BOC 12.11.2023 Page 15 of 20 Context and Compatibility • The property is located in one of the county’s more densely developed corridors and partially within the Porters Neck growth node as identified in the Comprehensive Plan. • The property can only be accessed along Market Street via a right-in/right-out driveway. The Brays Drive connection is proposed for emergency access only. However, the County can require a through connection. • While the eastern part of the property was zoned for lower density resident development in the early 1970’s, both public water and sewer services are now available, which makes this area less likely to be developed for low-density residential. • The site plan places the amenity center closer to Market Street, a largely commercial corridor. This serves as a transition from that corridor to the residential development. • The recently opened Military Cutoff Extension is anticipated to alleviate some traffic concerns in the Porters Neck Area, with Porters Neck becoming more of a local destination rather than a thru-way for traffic traveling to and from Pender County. • Required setbacks and transitional buffers provide additional mitigation for aesthetic effects along the property boundaries. Multi-family residential developments require transitional buffers where the site abuts single-family residential, consisting of vegetation, berms, or fences with vegetation. • Due to the location and surrounding development patterns, the property is less likely to be developed with low density housing. • The site plan does take into consideration the preservation of large live oak trees on the site, most of which are considered specimen trees. The site plan also does not place development close to the existing pond on site. Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 15 Z23-21 Staff Report BOC 12.11.2023 Page 16 of 20 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Urban Mixed Use and General Residential Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. Place Type Description Urban Mixed Use: promotes development of a mix of uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. General Residential: focuses on lower-density housing and associated civic and commercial services. Types of uses include single-family residential, low density multi-family residential, light commercial, civic, and recreational. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 16 Z23-21 Staff Report BOC 12.11.2023 Page 17 of 20 Analysis The proposed townhome development is located along the Market Street corridor in the Porters Neck area, which is identified as a high growth area in the Comprehensive Plan. Generally, the Comprehensive Plan designates areas along major roadways for higher densities of residential and commercial development. The Urban Mixed Use place type is closer to Market Street, transitioning to General Residential as the property moved away from the higher intensity road corridor. Place type borders are not fixed; however, the intent is for that transitional development pattern between different levels of intensity. In the past, where projects were located in more than one place type, densities that are in the range between those two place types have been seen as consistent as long as the development tries to transition or buffer into lower density areas. The overall project density of 10.94 dwelling units per acre is in between that of the recommended densities of the General Residential place type of no more than 8 units per acre, and the Urban Mixed Use place type which recommends denser development. Given that the majority of the site lies within the General Residential place type, the overall density being only slightly higher than the General Residential place type recommendation is appropriate. The site plan takes into consideration existing natural features of the site, including large live oak trees and a pond on the rear of the site. The TIA approval includes a full access at Brays Drive, which staff is in agreement with. If the Board is in support of the applicant’s proposed gated access, an updated TIA approval letter would be required from the WMPO and NCDOT. While staff would generally prefer more commercial development directly along commercial corridors and in growth nodes as provided by the existing B-2 zoning, the site plan places the amenity center and leasing office along Market Street, which does create a non-residential use in this portion of the site. The proposed RMF-M district and project are in line with the Comprehensive Plan’s recommendations for the Urban Mixed Use and General Residential place types. While the proposed project’s density is lower than recommended for the Urban Mixed Use place type, it is higher than that which is recommended for General Residential. This proposed project fits in between the two place types. The application provides for the type of use and density that is appropriate within this area and within the growth node. Consistency Recommendation The proposed RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densities that are appropriate for properties located in both the Urban Mixed Use and General Residential place types. While staff would prefer additional connections and more commercial development along the commercial corridor, the application provides housing and an appropriate transition from the commercial node to the lower density residential areas to the east. Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 17 Z23-21 Staff Report BOC 12.11.2023 Page 18 of 20 PLANNING BOARD ACTION The Planning Board considered this item at their November 2 Planning Board meeting. Several members of the public spoke in general opposition to the project citing concerns with the proposed density and traffic. Several residents of the adjacent Porters Pointe Subdivision, including member of the Homeowners Association, expressed support for the project but opposed staff’s recommendation for full through access on to Brays Drive and the bicycle and pedestrian access citing concerns with increased traffic and public safety. The Planning Board voted (4-2) to recommend approval of the request with conditions, including support for the Brays Drive access point to be emergency only. Planning Board members Pete Avery and Hansen Matthews dissented. Mr. Avery stated he supported the project, however voted against the project because he did not support the condition requiring bicycle and pedestrian connectivity included in the motion. Mr. Matthews stated he was opposed because the proposal did not include any affordable or workforce housing components. The Planning Board recommended the following conditions: 1. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only. 2. Buffers against residential properties are widened beyond New Hanover County minimum buffer width requirements as shown on the conditional zoning plan. The buffers and open space areas are variable widths and will contain a mixture of preserved existing trees and/or augmented vegetation. 3. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. 4. Bicycle and pedestrian infrastructure shall be installed up to the property line where internal roads connect to adjacent parcels. 5. An overland relief path within a public drainage easement will be provided from the existing pond to the proposed pond outfall. 6. Buildings will be a maximum of three stories. Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 18 Z23-21 Staff Report BOC 12.11.2023 Page 19 of 20 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The proposal includes a density and housing type that appropriately sits in between the recommended densities for the General Residential place type and the Urban Mixed Use place types. While staff would prefer more commercial development along the Market St corridor, the application provides housing and an appropriate transition from the commercial node to the lower density residential areas to the east. Because of the number of housing units proposed, staff is in support of additional connectivity for the project, giving it at least two access points if practical. There is an opportunity for that connection via Brays Drive, a road dedicated for public use. Staff's intent of that connection is for residents of the new development to be able to access Porters Neck Road and the school more easily, and for residents of the Porters Pointe neighborhood to have better access to Market Street. Staff is also in support of the bicycle and pedestrian connections for this project, per the recommendations of the Comprehensive Plan for integration of multi-modal transportation to encourage safe, walkable communities and the potential future multi-use path along Porters Neck Road. As a result, staff concurs with the Planning Board’s recommendation with the exception of the limited access on Brays Drive and recommends the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities that are appropriate for properties located in both the Urban Mixed Use and General Residential place types. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the application provides housing and an appropriate transition from the commercial node to the lower density residential areas to the east. Recommended Conditions: 1. The connection to Brays Drive shall be a full through connection. 2. Buffers against residential properties are widened beyond New Hanover County minimum buffer width requirements as shown on the conditional zoning plan. The buffers and open space areas are variable widths and will contain a mixture of preserved existing trees and/or augmented vegetation. 3. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. 4. Bicycle and pedestrian infrastructure shall be installed up to the property line where internal roads connect to adjacent parcels. 5. An overland relief path within a public drainage easement will be provided from the existing pond to the proposed pond outfall. 6. Buildings will be a maximum of three stories. Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 19 Z23-21 Staff Report BOC 12.11.2023 Page 20 of 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. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities that are appropriate for properties located in both the Urban Mixed Use and General Residential place types, I find DENIAL of the rezoning request is not reasonable and in the public interest because the existing B-2 zoning is more appropriate along the Market Street corridor and the proposal funnels to only one access point. Board of Commissioners - December 11, 2023 ITEM: 16- 2 - 20 Board of Commissioners - December 11, 2023 ITEM: 16- 3 - 1 Board of Commissioners - December 11, 2023 ITEM: 16- 4 - 1 Board of Commissioners - December 11, 2023 ITEM: 16- 5 - 1 Initial Application Documents & Materials Board of Commissioners - December 11, 2023 ITEM: 16- 6 - 1 Page 1 of 7 Conditional Zoning District Application – Updated 06-2023 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email CIP Construction Company 201 N. Elm Street, Suite 201 Greensboro, NC 27401 910-791-6707 (rep) aengebretson@paramounte-eng.com (rep) *See Attached Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 1 Page 2 of 7 Conditional Zoning District Application – Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if applicable) Please list all of the specific 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. 8100 Block of Market Street *See Attached +/- 33.54 Acres (Rezoning Area)B-2, I-1, & R-15. Landscape Contractor / Undeveloped Urban Mixed Use / General Residential RMF-M +/- 33.54 Acres 10.94 du/ac N/A *See Attached Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 2 Page 3 of 7 Conditional Zoning District Application – Updated 06-2023 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. 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. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: *See Attached Multi-family Housing (Low-Rise) 348 Dwelling Units 131 170 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 3 Page 4 of 7 Conditional Zoning District Application – Updated 06-2023 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. 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 *See Attached Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 4 Page 5 of 7 Conditional Zoning District Application – Updated 06-2023 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? *See Attached Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 5 Page 6 of 7 Conditional Zoning District Application – Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial  This application form, completed and signed (all property owners must sign signatory page)  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 Information Meeting Report (complete and signed by agent or all property owners)  Traffic Impact Analysis if applicable (use of attached report document is recommended) • 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 [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights-of- way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights-of-way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance P P P P P P PEI PEI PEI PEI PEI Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 6 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 7 1 2 2 C I N E M A D R I V E, W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 Market Street Townhomes 8100 Block of Market Street Conditional Rezoning Narrative & Supplemental Information Ownership Parcels: R03600-005-006-002, R03600-005-007-000 Owner: Bee Safe Porters Neck LLC 201 North Elm Street, Suite 201 Greensboro, NC 27401 Parcels: R03700-004-147-000, R03700-004-148-000, R03700-004-189-000 Owner: Parham Herbert E 8304 Bald Eagle Lane Wilmington, NC 28411 Parcels: R03600-006-082-000 Owner: Yunaska Robert L 6777 Market Street Wilmington, NC 28405 Applicant Information CIP Construction Company 201 North Elm Street, Suite 201 Greensboro, NC 27401 Agent Information Paramounte Engineering, Inc. 123 Cinema Drive Wilmington, NC 28403 aengebretson@paramounte-eng.com 910-791-6707 Lee Kaess, PLLC 3414 Wrightsville Avenue Wilmington, NC 28403 amy@leekaess.com 910-399-3447 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 8 Please list all of the specific 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). CIP Construction Company is requesting to rezone 33.54 acres of land located in the 8100 block of Market Street to (CZD) RMF-M in order to develop a townhome community consisting of a maximum of 348 units. The subject property is currently zoned as B-2, I-1, and R-15. A landscape contracting business previously occupied the area zoned B-2, which fronts on Market Street. The remaining area proposed to be rezoned was previously a farm/nursery. Only a small portion of the parcel zoned I-1 is included in order to provide the needed access to the remaining parcels to the east. Zoning Map The proposed project creates a neighborhood of two and three story townhomes. The units are varied in height with the end units being two story and the interior units being three stories in each building. The interior units all have garages, but the end units rely on surface parking since they do not have garages.. The buildings are arranged to create a structured streetscape devised to promote walking and limit vehicular/pedestrian conflicts. The tree-lined streets will have sidewalks connecting building facades to the immediately Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 9 adjacent parallel parking along the project roads. While parking can be used by residents, the parallel spaces are provided for visitors and overflow parking. The resident parking is enclosed in the interior motor courts allowing the resident required surface parking and access to the in-unit garages. The project proposes access from Market Street and to keep through traffic out of adjacent neighborhoods. While there are two other road stubs to the project, the Porters Crossing road connection stubs into a NHC conservation overlay district (COD). As such, this project leaves the COD in tact and avoids making this road connection. The adjacent Porters Pointe neighborhood has a road stub at the Brays Drive property line. We propose a secondary access at this location for emergency-only access. It will have a siren activated or Knox Box gate to prevent vehicles from traveling through Porters Pointe to Porters Neck Road. The amenity and clubhouse/ pool facilities are located closest to Market Street just off the main entrance. The site has beautiful, specimen live oaks along the southwestern property line, and these will remain and be celebrated as the entrance to the townhome neighborhood. These are the property’s only known specimen trees. The project has an approved TIA which recommends two major improvements to Market Street, a signalized left turn at Cypress Pond Way adjacent to Food Lion, and an extension to the existing right turn lane leading to Porters Neck Road. While these improvements are to be installed by the developer due to the development, we see advantage for improved traffic circulation for cars making the left to the Food Lion shopping center or a U-turn to access the Medac or other professional offices in the area. Furthermore, the required, extended right turn lane will provide additional stacking for cars accessing Porters Neck Road. The project offers much needed housing to help our documented housing shortage while also offering a transitional development between the Market Street commercial corridor and existing single family neighborhoods. Proposed Condition(s) 1. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only. 2. Buffers against residential properties are widened as shown on the conditional rezoning plan. Conditional Zoning District Considerations 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. AND Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 10 2. How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. The subject site is classified as Urban Mixed Use and General Residential on the Future Land Use Map included in the 2016 Comprehensive Plan. In addition, the property falls within the general area of the Porters Neck Growth Node. Future Land Use Map The Urban Mixed Use classification promotes a mixture of residential, office, and commercial uses at higher densities and intensities. Mixed uses are encouraged on the same parcel in this classification, but they can also be adjacent each other and separated by roadways in a horizontal pattern. For residential uses, single-family housing is preferred, though higher density single-family housing, such as rowhouse/townhouse development, is not prohibited. Urban Mixed Use areas promote the highest densities in the County and are where the RMF-H zoning district, which allows up to 36 dwellings units per acre, would be most appropriate. The General Residential classification focuses on lower density housing (ranging up to eight dwelling units an acre) and associated civic and commercial services. Types of uses appropriate in these areas include single-family residential, low- density multi-family residential, light commercial, civic, and recreational. Growth nodes are areas of concentrated development, having higher intensities and densities than the surrounding area. High-density development is promoted in Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 11 these areas that will promote pedestrian activity and alternative transportation options. It is also important to note that the Future Land Use Map is a general representation of the vision for New Hanover County. The location of the place type classifications are not parcel specific, like a zoning classification, but identify general areas where certain land uses are appropriate. Overall, the proposed rezoning is consistent with the Future Land Use Map and applicable policies of the 2016 Comprehensive Plan. The proposed development offers a transition between Market Street and existing R-15 development. Townhomes are appropriate in both the Urban Mixed Use and General Residential classifications and help achieve Goal XV of the Comprehensive Plan that encourages the development of a range and diversity of housing types. The proposed density of 10.94 du/ac also reflects an appropriate blend of the recommendations of the Urban Mixed Use and General Residential place types, and the Porters Neck Growth Node. While the density may be exceeding the recommended density for General Residential areas, the Comprehensive Plan supports increased density in Urban Mixed Use areas and Growth Nodes (Goal III). Lastly, according to the County’s recent Housing Needs Assessment Update, there is a gap of approximately 29,000 for-sale and rental units available to residents over the next decade. These numbers have also increased since the Housing Needs Assessment was first completed in 2020 (up from approximately 24,000 units). This rezoning would help provide much needed housing in the county and add to the diversity of housing types in the area. Housing Gap Estimates – City of Wilmington & New Hanover County Housing Needs Assessment Update Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 12 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The original zoning of the surrounding area was adopted in the early 1970s, prior to the installation of much of the roadway and utility infrastructure that exists today. The adjacent section of the Market Street corridor has since grown into a major commercial node in the County containing many businesses including big box retailers, grocery stores, medical offices, and restaurants. In addition, the construction of Interstate 140 has provided convenient access to the highway system and Wilmington area. As a result, the 2016 Comprehensive Plan identified the area as a growth node which promotes higher density development. Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 13 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 14 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 15 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 16 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 17 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 18 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 19 1 2 2 C I N E M a D R I V E , W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F a X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 October 2, 2023 22194.PE Pelagic Properties, Inc. PID: R03700-004-147-000, R03700-004-148-000, & R03700-004-189-000 Deed Book 3991, Page 194, Deed Book 4621, Page 572 Bee Safe Porters Neck, LLC R03600-005-007-000 & R03600-005-006-002 Deed Book 6643, Page 1104 Robert Yunaska R03600-006-082-000 Deed Book 1123, Page 1843 Being a tract of land located in Harnett Township, New Hanover County, State of North Carolina; being a part of the tracts as shown in Deed Book 3991 at Page 194, Deed Book 4621 at Page 572, Deed Book 6643 at Page 1104, and Deed Book 1123 at Page 1843 of the New Hanover County Register of Deeds; said Tract being more particularly described as follows: Beginning for reference at an iron pipe found on the northwestern corner of Bee Safe Porters Neck, LLC., as shown in Deed Book 6643 at Page 1104 and the southern right of way line of US 17 – Market Street (100-foot public right of way). Said iron pipe having NC State Plane coordinates of N: 201,393.28, E: 2,364,680.32. Said iron pipe found is the principal place of beginning for this survey. Thence with the northern line of Bee Safe Porters Neck, LLC, S 50°36'43" E - 665.40 feet to an iron pipe found; Thence with the line of Deed Book 3991 at Page 194 the following courses; S 37°07'29" E - 119.48 feet to a point; N 39°16'36" E - 330.61 feet to a point; S 50°51'12" E - 115.22 feet to a point; N 39°13'54" E - 159.89 feet to a point; S 50°43'37" E - 150.28 feet to a point; S 47°58'31" E - 48.48 feet to a point; Thence with the line of Deed Book 4621 at Page 572 the following courses; S 48°39'35" E - 76.70 feet to a point; S 48°39'35" E - 429.60 feet to a point; N 39°16'50" E - 13.73 feet to a point; S 48°10'56" E - 121.47 feet to a point; Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 20 1 2 2 C I N E M a D R I V E , W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F a X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 S 48°47'43" E - 581.52 feet to a point; S 41°04'45" W - 310.56 feet to a point; N 48°59'49" W - 121.39 feet to a point; S 42°33'11" W - 754.02 feet to a point; N 60°15'55" W - 73.44 feet to a point; N 56°32'23" W - 97.76 feet to a point; N 46°31'30" W - 53.69 feet to a point; N 39°08'24" W - 44.45 feet to a point; N 46°30'28" W - 33.78 feet to a point; N 25°34'58" W - 77.19 feet to a point; N 11°47'49" W - 100.05 feet to a point; N 32°19'49" W - 220.05 feet to a point; N 05°04'33" W - 73.18 feet to a point; N 07°24'33" E - 46.49 feet to a point; N 15°29'46" E - 41.14 feet to a point; N 64°47'01" W - 423.17 feet to a point; N 04°48'48" E - 477.61 feet to a point; Thence with a line through Deed Book 1123 at Page 1843, N 58°59'48" W - 36.82 feet to a point; Thence with the line of Deed Book 6643 at Page 1104 the following courses; S 41°34'50" W - 154.81 feet to an iron pipe found; N 50°36'43" W - 668.41 feet to an iron rod set on the southern line of US 17-Market Street; Thence with the southern line of US 17-Market Street, N 42°24'01" E - 210.14 feet to an iron pipe found. Said iron pipe found is the principal place of beginning for this survey. Having an area of 1,451,872 square feet or 33.33 acres, more or less. Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 21 Page 1 of 2 Community Information Meeting Report – Approved 06-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 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 8100 Block of Market Street; 8138 is the closest address to Market Street *see attached Original date was 8/31/23 but canceled due to Hurricane Idalia; Revised Date: 9/28/23 from 4-7PM in person Lutheran Church of Reconciliation 7500 Market Street, Wilmington, NC 28411 a place that could hold 400 people and that would not turn us away because the meeting is about development in the community. *see attached Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 22 Page 2 of 2 Community Information Meeting Report – Approved 06-2022 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 Applicant Initial  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 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 *see attached x x x x Allison Engebretson, RLA Allison Engebretson, Paramounte Engineering 10/1/23 9/15/23 PEI PEI PEI PEI Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 23 1 2 2 C I N E M A D R I V E , W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 August 18, 2023 RE: Community Meeting for a Townhome Community Proposed by CIP Construction Company CIP Construction Company, Inc. & Paramounte Engineering, Inc. invite you to a community meeting to discuss our plans for a proposed townhome community accessed from 8138 Market Street. We will share project details with you in an open-house held on Thursday, August 31, 2023, from 4:00 PM-7:00 PM at Lutheran Church of Reconciliation (7500 Market Street). We are preparing plans for a conditional rezoning request, and, as part of that process, we are holding a community meeting to introduce neighbors to the project and share our vision for the site. You are receiving this invitation by mail because New Hanover County GIS records indicate you own property within 500 feet of the proposed project. The County requires us to provide notice by mail to property owners within 500 feet of our subject boundary; however we know other community members will be interested in hearing our plans. Due to the large number of property owners within the mandated notification distance, we are holding an open-house style meeting to have the best opportunity to speak with all interested participants. We will have stations set up around our meeting space with members of our development team on-hand to discuss the project and answer questions. However, if you want to learn about the project, but you cannot attend the meeting, please contact us for information at marketstreetth@gmail.com We will follow-up with meeting information after the August 31st meeting, if requested. Brief Project Overview: • Enclosed is a small version of our plan, but we will have larger copies on view at the meeting. • The proposed project area is approximately +33.54 acre, located on New Hanover County parcels R03600-005-006-002, R03600-005-007-000, R03700-004-147-000, R03700-004-148-000, R03700- 004-189-000, and a portion of R03600-006-082-000. • The current zoning includes a mixture of business, industrial, and residential zonings (B-2, I-1, and R-15). The conditional rezoning will request RMF-M (Medium Density Multi-Family). • The site operated as a farm/nursery and landscape contracting business for many years. • The developer proposes building a 348-unit townhome community accessed from Market Street. • A gated, emergency-only access connection to the adjoining Brays Drive is proposed. Other than emergency vehicles, NO through traffic is proposed to any adjacent neighborhood or to Porters Neck Road. • Proposed traffic improvements on Market Street will be designed and installed by the developer during this project’s construction. To learn more, please join us at our meeting and speak with our development team to answer your questions. We look forward to sharing the project with you. Community Meeting Date, Time, and Location: Meeting Time: Drop-in between 4:00-7:00 PM on Thursday, August 31st Meeting Location: Lutheran Church of Reconciliation 7500 Market Street, Wilmington, NC 28411 Cancelled due to Hurricane Idalia Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 24 1 2 2 C I N E M A D R I V E , W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 September 15, 2023 RE: RESCHEDULED Community Meeting for a Townhome Community Proposed by CIP Construction Company CIP Construction Company, Inc. & Paramounte Engineering, Inc. invite you to a community meeting to discuss our plans for a proposed townhome community accessed from 8138 Market Street. Due to our meeting place closing for Tropical Storm Idalia on August 31st, we were unable to hold our previously scheduled community meeting. We invite you to our rescheduled open-house style meeting on Thursday, September 28, 2023, from 4:00 PM-7:00 PM at Lutheran Church of Reconciliation (7500 Market Street). We are preparing plans for a conditional rezoning request, and, as part of that process, we are holding a community meeting to introduce neighbors to the project and share our vision for the site. You are receiving this invitation by mail because New Hanover County GIS records indicate you own property within 500 feet of the proposed project. The County requires us to provide notice by mail to property owners within 500 feet of our subject boundary; however we know other community members will be interested in hearing our plans. Due to the large number of property owners within the mandated notification distance, we are holding an open-house style meeting to have the best opportunity to speak with all interested participants. We will have stations set up around our meeting space with members of our development team on-hand to discuss the project and answer questions. However, if you want to learn about the project, but you cannot attend the meeting, please contact us for information at marketstreetth@gmail.com We will follow-up with meeting information after the September 28th meeting, if requested. Brief Project Overview: • Enclosed is a small version of our plan, but we will have larger copies on view at the meeting. • The proposed project area is approximately +33.54 acre, located on New Hanover County parcels R03600-005-006-002, R03600-005-007-000, R03700-004-147-000, R03700-004-148-000, R03700- 004-189-000, and a portion of R03600-006-082-000. • The current zoning includes a mixture of business, industrial, and residential zonings (B-2, I-1, and R-15). The conditional rezoning will request RMF-M (Medium Density Multi-Family). • The site operated as a farm/nursery and landscape contracting business for many years. • The developer proposes building a 348-unit townhome community accessed from Market Street. • A gated, emergency-only access connection to the adjoining Brays Drive is proposed. Other than emergency vehicles, NO through traffic is proposed to any adjacent neighborhood or to Porters Neck Road. • Proposed traffic improvements on Market Street will be designed and installed by the developer during this project’s construction. To learn more, please join us at our meeting and speak with our development team to answer your questions. We look forward to sharing the project with you. Community Meeting Date, Time, and Location: Meeting Time: Drop-in between 4:00-7:00 PM on Thursday, September 28th Meeting Location: Lutheran Church of Reconciliation 7500 Market Street, Wilmington, NC 28411 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 25 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 26 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 27 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 28 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 29 Community Meeting Supplemental Information - Market Street Townhomes Development Team Attendees: CIP Constructfon: Paul Smith, General Counsel and VP of Legal Affairs Craig Carlock, COO Greg Wosaba, SR VP of Constructfon Streamline Development: Livian Jones Paramounte: Allison Engebretson, RLA Rob Balland, PE Brad Schuler, Planner Davenport: John Davenport, President AJ Anastopoulo, Project Manager Lee Kaess: Amy Schaefer, attorney Maggie Bennington, attorney Tina Wagner, paralegal Key Project Facts Discussed Repeatedly During Meeting: 1. 348 townhomes both 2 and 3 story. (2 story end units) 2. The project is only accessible by the public from Market Street. There is an emergency-only, gated access at Brays Drive as required by Fire/ Emergency Services and NHC Planning & Zoning. Again – NO traffic, including constructfon traffic, from our proposed development will be allowed access to Porters Neck Road through adjoining neighborhoods. This access will either be siren actfvated or Knox Box accessible for fire and EMS. 3. The plan presented uses the parcel on Market Street next to Cardinal Storage. The parcel was previously permitted, by-right for a Bee Safe Storage, but, if approved, the storage facility will not be part of this neighborhood. 4. The townhome buildings face a streetscape of sidewalks and street trees. This streetscape provides parallel parking throughout the community for overflow and visitor parking for the townhome units. The internal “motor courts” are located in the rear of the buildings. This is where residents will access their garages and additfonal surface parking is provided so the bulk of residents’ access is separated from the general site circulatfon throughout the site. 5. The majority of units have an in-unit garage accessed from the motor court (not from the neighborhood streets) which allows the project to create a safer pedestrian and pleasing visual streetscape largely free of conflicts with vehicles. 6. The neighborhood amenity / clubhouse / pool is proposed adjacent to Market Street providing a buffer between Market Street and the first townhome units. Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 30 7. To wnhomes are already allowed in R15 zoning, the same zoning as adjacent neighborhoods. If the project went through an SUP, it could achieve almost the same density as the current proposed project. The developers chose to allow the community to be involved in the design process at this level through a conditfonal rezoning process instead of a Special Use Permit. Traffic: 1. The TIA is approved, and the developer is responsible for installing traffic improvements on Market Street. 2. The TIA approved improvements include a signalized left turn on Market Street to Cypress Pond Way & U-turns on Market, but keeps north bound traffic flowing freely. Another improvement requires extending the existfng right turn lane for Porters Neck Road down to the ABC Store. The Plan’s Evolution Prior to the Community Meeting: The project team met with NHC Planning Staff a few tfmes to understand the issues, as they understand them, in and around this site. As a result we created a few versions of the plan prior to introducing it to the public. Here is a summary of the plan changes. 1. The process began with a more intensive plan with monolithic buildings that spread out across the site more than the current plan. After discussions with Planning Staff, we worked on the architecture and plan to pull buildings away from residentfal neighbors. 2. We pulled buildings to the center and toward Market Street to give space between the neighbors and this project. 3. We expanded vegetatfve buffers well beyond minimum buffers required and pulled open spaces to the edges of the site to give even more “green space” between this project and the residentfal neighbors. We also reduced the overall density of the project and lowered the height from 4 stories to 2 and 3 stories. 4. We worked the plan to limit any potentfal visual or audible impositfon for adjacent neighbors. 5. Originally we had a focus on preserving the wetland and creek only, but as the plan evolved, we built-in extra buffers between the buildings and the adjacent residentfal neighbors. (We stfll preserve the creek/wetland area). 6. We recognize this site as a transitfon between the commercial areas along Market Street and the single family adjacent to this rear parcels of the subject property. As such we pulled buildings toward market street and away from the majority of existfng single family development. Widened buffers range from 30’ – 150’+ between the nearest project road and more to the nearest project structures. 7. Now, two townhome buildings facing Porters Pointe are the closest buildings/smallest buffer areas on the plan. However, the plan stfll exceeds the minimum buffer width. After the community meetfng, we further refined this area as described in the plan changes sectfon below. Community Meeting Comments & the Plan’s Evolution After the Community Meeting: The majority of community meetfng attendees live in Porters Pointe, the neighborhood immediately to the north of the site and with the Brays Drive Emergency access connectfon. Other attendees were from Porters Crossing to the southeast of the project (along the project ’s rear property line), and Marsh Oaks to the southwest of the project. Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 31 While there were comments received about wantfng no development, no townhomes, or not this much density or development that causes additfonal traffic or stormwater runoff, the majority of attendees understood the land would develop someday and offered comments on what could consider in our plans. The project also set up a dedicated email address for people to issue comments. Most wanted to get copies of meetfng materials. One person expressed extreme non-support for the project, and others asked questfons about buffers similar to the questfons asked during the community meetfng and as further described below. The team’s traffic consultant fielded many questfons about the study area, the number of cars per day to add to Market Street, and what improvements would be required. The Military Cutoff Ext. opened the same day as the community meetfng, so there was a fair amount of discussion about the amount of traffic to be pulled off of Market Street by the new road. 1. The majority of questfons from Porters Crossing were about the type of buffer to be installed and discussion of the existfng berm on the subject site at the shared property line. Response summary: The developer has one of three types of buffers to choose from, and with the berm in place, it may make sense to have a berm/vegetated buffer in this locatfon. However, we have not completed engineering at this tfme, so we would prefer to choose the best buffer when we have additfonal informatfon. In any case, the buffer and open space between the closest proposed road and the Porters Crossing neighborhood is approximately 140-150’. The buffer will be opaque, and some mixture of trees and understory plantfngs will be used. 2. Marsh Oaks attendees asked questfons about the existfng thick trees remaining between their neighborhood and this proposed development. They also asked questfons about the ditch/creek between the two propertfes. One HOA representatfve relayed good informatfon about some clogged areas of the ditch and asked if we could work together to determine responsibility for the clean out. There was also a questfon if we would connect a road to the neighborhood. Response summary: Development team members confirmed the thick vegetatfon is largely to remain. Because of this thick vegetatfon and existfng wetland and creek, no road connectfon is proposed. Also, there is no available land to make a connectfon to the roads in Marsh Oaks. There is a wooded wetland along the ditch and that wetland will remain. The development team and the HOA representatfve agreed to compare surveys and work together on ditch maintenance for their respectfve propertfes. This conversatfon is on-going at this tfme, but we understand there is a high probability that this ditch clean out will help in future storm events to keep water from backing up even as far as to the Porters Pointe and Porters Crossing neighborhoods. At this tfme, we understand this side of the project site is the low point and project ’s stormwater outiall. During engineering of the site, we will further analyze the flow of water across the site and unclog any blocked passages. 3. Porters Pointe residents were split in wantfng access through this neighborhood to get to Market Street and others adamantly wanted to avoid any traffic on the Porters Pointe neighborhood roads. Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 32 Some of the closest homes to the proposed townhome buildings were concerned about the proximity of the townhomes to their homes. In the community meetfng plan, the closest corner of the neighboring home to corner of townhome was 80’. While most of the townhomes face on neighboring common area, there were approximately 4 Porters Pointe homes closest to the project site with concerns over the buffer to the proposed units. We received multfple requests to move some of the townhome units away from the closest homes. We had requests to consider a fence and thick vegetatfon along the border and to save as many trees as possible. There were concerns raised that children and possibly adults from this development will use the amenitfes and otherwise cause trouble in the Porters Pointe neighborhood. Questfons were raised about how we could prevent pedestrian traffic through the neighborhood. Response summary: The gated emergency- access will not be open to through traffic, so no extra traffic will go through the Porters Pointe neighborhood, beyond emergency vehicles. No constructfon traffic will be allowed at this access either. The buffer type has not been selected at this tfme, but we will certainly consider a fence in this locatfon. The intent is to provide a thick vegetated buffer that discourages pedestrians traveling between the neighborhoods. No sidewalk connectfon is proposed between the developments. Our development will have its own amenitfes for residents. After the community meetfng, the project team revised the plan to pull units away from the nearest neighboring lots. We now have all units facing the neighboring common area. 4. Porters Pointe and Porters Crossing both reported flooding during Florence, reportedly due to an overflow of the neighboring pond and backup of the creek/ditch along the shared property line. Several people were asked if they had experienced flooding or backup since Hurricane Florence, and most said no. One neighbor seems to have suffered a backup due to debris in the ditch. Response summary: The project team will address any on-site blockages and further study the water flow on or through the site during engineering to create a design that avoids these problems in the future. Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 33 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 34 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 35 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 36 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 37 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 38 OWNER Owner_Address Owner_City 4 CORNERS PROPERTIES LLC 1015 ASHES DR SUITE 202 WILMINGTON, NC 28405 JEREMY A AKIN 8207 BRAYS DR WILMINGTON, NC 28411 DAVID W ALEXANDER LIVING TRUST 11821 MORNING STAR DR GERMANTOWN, MD 20876 LAWRENCE E & MARGARET CARNONE 354 SHACKLEFORD DR WILMINGTON, NC 28411 SILVIA AUDI ETAL 373 SHACKLEFORD DR WILMINGTON, NC 28411 BARBER SAMUEL MARIE D 8238 PORTERS CROSSING WAY WILMINGTON, NC 28411 BEE SAFE PORTERS NECK LLC PO BOX 9846 GREENSBORO, NC 27429 NORA E BENEVENTI REVOCABLE TR 8030 MARSH REACH DR WILMINGTON, NC 28411 AVERY & JOLIN BEVIN ET AL 8207 PORTERS CROSSING WAY WILMINGTON, NC 28411 GREG W BRAWLEY LIVING TRUST 4622 MOUNTAINGATE DR ROCKLIN, CA 95765 BRICE VIRGINIA G SMITH ETAL 8223 PORTERS CROSSING WAY WILMINGTON, NC 28411 DAVA S BRIGHT & WILLIAM S BRIGHT SR 333 FOLLY ISLAND CT WILMINGTON, NC 28411 LEON D BROWN 722 BAYSHORE DR WILMINGTON, NC 28411 ROBERTA L BROWN 8235 BRAYS DR WILMINGTON, NC 28411 PATRICK & MARYBETH B BRYAN 3345 KESWICK RD BALTIMORE, MD 21211 BRENDA E BYERLEY ETAL 372 SHACKLEFORD DR WILMINGTON, NC 28411 MATTHEW A & KATHRYN E CAMPBELL 8119 FURTADO DR WILMINGTON, NC 28411 ANTHONY S CAPORALETTI 1519 LANDFALL DR WILMINGTON, NC 28405 CYNTHIA ANN CHAMER 376 SHACKLEFORD DR WILMINGTON, NC 28411 CMI COMMERCIAL LLC 1900 SCOTTS HILL LOOP RD WILMINGTON, NC 28411 JAMES C & COURTNEY T CORRIHER 340 FOLLY ISLAND CT WILMINGTON, NC 28411 CURTIS & JANET CRONEMILLER 305 FOLLY ISLAND CT WILMINGTON, NC 28411 MICHAEL T & COURTNEY G DANIELS 8131 FURTADO DR WILMINGTON, NC 28411 LAWRENCE C & JOANNA M DAVIS 361 SHACKLEFORD DR WILMINGTON, NC 28411 JEFFERY A & KATHLEEN M DELBUSSO 323 HUGHES CIR WILMINGTON, NC 28411 JESUS G & ROSELINE H DIAZ QUIROZ 8211 PORTERS CROSSING WAY WILMINGTON, NC 28411 PRESTON WARREN DODGEN 1 MILL RD ALBUQUERQUE, NM 87120 DONG XIAODAN QIYONG WENG 5703 246TH PL LITTLE NECK, NY 11362 THOMAS & CATHERINE DOUGLASS 3228 ONTARIO AVE WILSON, NY 14172 ELTON STAR E III MICHELE 8218 PORTERS CROSSING WAY WILMINGTON, NC 28411 EMROSE CORPORATION PO BOX 108 HENDERSON, NC 27536 BRADLEY J & TAMI L ERBES 313 FOLLY ISLAND CT WILMINGTON, NC 28411 ASHLEY L FEDOROV 8017 MARSH REACH DR WILMINGTON, NC 28411 Market Street Townhomes - Community Meeting Notification List (500' List Provided by NHC; Additional Properties Included & Updated for rescheduled mtg) Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 39 JUDITH A & ROBERT C FENTON IV 8227 PORTERS CROSSING WAY WILMINGTON, NC 28411 RUSSELL B & STEPHANIE D FINLEY 8208 LANTANA LN WILMINGTON, NC 28411 MADELEINE E HENLEY & JAMES W FLEAGLE 8209 FURTADO DR WILMINGTON, NC 28411 JOHN B & SANDY M FRANCIS 8135 FURTADO DR WILMINGTON, NC 28411 DANIEL S FURR 2344 SCOTTS HILL LOOP RD WILMINGTON, NC 28411 GREEN RIDGE REAL ESTATE BAYSHORE LLC 8415 WOLF PEN BRANCH RD PROSPECT, KY 40059 GREGORY POOLE EQUIPMENT COMPANY 4807 BERYL RD RALEIGH, NC 27606 SHAVINDER S GREWAL 129 GRAINGER POINT RD WILMINGTON, NC 28409 BARRY S & LISA A GRITTON 8206 PORTERS CROSSING WAY WILMINGTON, NC 28411 DAVID J & JOAN C GUANZINI TRUSTEES 2336 OCEAN BLVD SE UNIT 192 STUART, FL 34996 CAROL HAAS TRUSTEE 9 SALTMEADOW RD WILMINGTON, NC 28411 JOSHUA M & ANGELA N HARLER 8216 LANTANA LN WILMINGTON, NC 28411 HARRIS TEETER PROPERTIES LLC 701 CRESTDALE RD MATTHEWS, NC 28105 WILLIAM M HARTNETT 8200 LANTANA LN WILMINGTON, NC 28411 MICHAEL P & BARBARA L HERBST 336 FOLLY ISLAND CT WILMINGTON, NC 28411 MARVIN G & PATRICIA G HEVENER 5 SYLVAN DR SPARTANBURG, SC 29302 JIMMY T & ELIZABETH G HINSHAW 8023 MARSH REACH DR WILMINGTON, NC 28411 CHARLES J & CAROLINE HHUNNICUTT 8213 FURTADO DR WILMINGTON, NC 28411 VICKY J HUTCHINS 8223 BRAYS DR WILMINGTON, NC 28411 HUTSON & NIEPER ENTERPRISES, LLC 8232 MARKET ST WILMINGTON, NC 28411 JAMES P & SARAH M INGRAM 8115 FURTADO DR WILMINGTON, NC 28411 KARLEE & JERRY W ISENHART 328 FOLLY ISLAND CT WILMINGTON, NC 28411 DAVID & MARLENE ISENHOUR 8209 LANTANA LN WILMINGTON, NC 28411 BRIAN E & CRYSTAL M JONES 8134 PORTERS CROSSING WAY WILMINGTON, NC 28411 KEVIN C & EUGENIA KEEN 369 SHACKLEFORD DR WILMINGTON, NC 28411 KOREY & LEIGH ANN KEENAN 312 FOLLY ISLAND CT WILMINGTON, NC 28411 ALBERT E KENNEDY 8219 BRAYS DR WILMINGTON, NC 28411 ALISON S & GEORGE P KING 3 INLET HOOK RD WILMINGTON, NC 28411 SUSAN L KING 8130 PORTERS CROSSING WAY WILMINGTON, NC 28411 THOMAS C & BRITTANY L KING 8227 BRAYS DR WILMINGTON, NC 28411 DALTON W & MACY O KNIGHT 8127 FURTADO DR WILMINGTON, NC 28411 ROCHELLE E KREINER 8125 PORTERS CROSSING WAY WILMINGTON, NC 28411 DONALD E & DEBRA J LAHNUM 8201 FURTADO DR WILMINGTON, NC 28411 DEBRA K LAMB REV TRUST 17412 GLACIER WAY APT 312 LAKEVILLE, MN 55044 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 40 CODY & MEREDITH LAMBERT 8239 PORTERS CROSSING WAY WILMINGTON, NC 28411 AUSTIN LANCASTER 8202 PORTERS CROSSING WAY WILMINGTON, NC 28411 GAIL R LAWRENCE 4608 WALNUT KNOLL DR MATTHEWS, NC 28105 MARY T LEE 320 FOLLY ISLAND CT WILMINGTON, NC 28411 MARJORIE E CRAIG &JOHN MICHAEL LENGYEL 380 SHACKLEFORD DR WILMINGTON, NC 28411 STEVE E LINDNER 8113 PORTERS CROSSING WAY WILMINGTON, NC 28411 HAROLD BERNARD & MARY FORSYTH LUND 364 SHACKLEFORD DR WILMINGTON, NC 28411 IAN & DOMINIQUE MACKENZIE 8230 PORTERS CROSSING WAY WILMINGTON, NC 28411 WILLIAM T & MARY ANN MANGER 327 HUGHES CIR WILMINGTON, NC 28411 DEBRA MANRIQUE TRUSTEE 8215 BRAYS DR WILMINGTON, NC 28411 MARKET STREET LEASING LLC 1712 CAROLINA BLVD TOPSAIL BEACH, NC 28445 LARRY J & ALICE W MATTHEWS 8203 PORTERS CROSSING WAY WILMINGTON, NC 28411 LESLEY B & JAMES D MATTHIS III 8110 PORTERS CROSSING WAY WILMINGTON, NC 28411 A J & BARBARA D MCCLURE PO BOX 3032 WILMINGTON, NC 28406 GREGORY M & PATRICIA A MCDONOUGH 8214 PORTERS CROSSING WAY WILMINGTON, NC 28411 WILLIAMS & MEGAN MEYER 8212 LANTANA LN WILMINGTON, NC 28411 SUSAN & WILLIAM F MILHOLLAND JR 353 SHACKLEFORD DR WILMINGTON, NC 28411 RICHARD & SUPATRA MIMMS 321 FOLLY ISLAND CT WILMINGTON, NC 28411 DANIEL J & CAMERON P MINES 8129 PORTERS CROSSING WAY WILMINGTON, NC 28411 RICHARD & ELIZABETH MOBURG 8029 MARSH REACH DR WILMINGTON, NC 28411 KATHRYN W & LARRY S MORGAN 8201 LANTANA LN WILMINGTON, NC 28411 MARY BETH MORGAN 8139 MARKET ST WILMINGTON, NC 28411 ALISA S & RICHARD G MORGAN JR 324 FOLLY ISLAND CT WILMINGTON, NC 28411 SCOTTIE R & MARIA M MORGAN 8234 PORTERS CROSSING WAY WILMINGTON, NC 28411 NEW HANOVER COUNTY ABC BOARD 6009 MARKET ST WILMINGTON, NC 28405 MADISON M & BUNJONG P NEWSOME 325 FOLLY ISLAND CT WILMINGTON, NC 28411 ROBERT A NORMANDIN 8219 PORTERS CROSSING WAY WILMINGTON, NC 28411 OAK RIDGE PROP/PORTERS NECK LLC 102 AUTUMN HALL DR, SUITE 210 WILMINGTON, NC 28403 OAK RIDGE PROPERTIES AT PORTERS NECK LLC C/O GLENN R. LEA PO BOX 4014 WILMINGTON, NC 28406 PATRICK & CHRISTIN OBRIEN 337 FOLLY ISLAND CT WILMINGTON, NC 28411 ERNEST W & DAWN M OLDS 317 FOLLY ISLAND CT WILMINGTON, NC 28411 SARA B & DAVID E OLSON JR 8123 FURTADO DR WILMINGTON, NC 28411 DAVID L & KATHLEEN H ORTON 8027 MARSH REACH DR WILMINGTON, NC 28411 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 41 MARK S & PATRISE H PARADIS 392 SHACKLEFORD DR WILMINGTON, NC 28411 HERBERT E PARHAM 8304 BALD EAGLE LN WILMINGTON, NC 28411 CARLIE R PORTERFIELD 335 HUGHES CIR WILMINGTON, NC 28411 PORTERS CROSSING HOA, INC PO BOX 10 SUMMERFIELD, NC 27358 PORTERS NECK CENTER, INC 5 ALLEN AVE MANCHESTER, MA 1944 PORTERS POINTE HOA PO BOX 12051 WILMINGTON, NC 28405 ROBERT J & HEATHER N PURVIS 300 FOLLY ISLAND CT WILMINGTON, NC 28411 DEWAIN H & JOYCE W RAHE 329 FOLLY ISLAND CT WILMINGTON, NC 28411 DEREK S REEVES 8109 PORTERS CROSSING WAY WILMINGTON, NC 28411 DAVID M & MARY E RENQUIST 8026 MARSH REACH DR WILMINGTON, NC 28411 ROBERT L & ELIZABETH M RONNE 381 SHACKLEFORD DR WILMINGTON, NC 28411 MICHAEL & SUSAN D ROSE 339 HUGHES CIR WILMINGTON, NC 28411 ANNA ROVETTO ETAL 8121 PORTER CROSSING WAY WILMINGTON, NC 28411 SANDERS FAMILY STORAGE LLC PO BOX 957 GRAHAM, NC 27253 RICHARD CHARLES & JENNIFER ANNE SCALES 8011 MARSH REACH DR WILMINGTON, NC 28411 SCARAFONI ASSOCIATES NC, INC 5 ALLEN AVE MANCHESTER, MA 1944 MELISSA G & DOUG SHIPLEY TRUSTEES 332 FOLLY ISLAND CT WILMINGTON, NC 28411 SHUCO LLC 8131 MARKET ST WILMINGTON, NC 28411 KELLY F P SLIDER 8203 BRAYS DR WILMINGTON, NC 28411 WILLIAM J & KATHERN W SMITH 301 FOLLY ISLAND CT WILMINGTON, NC 28411 EDWARD M & HILDA L SOUTHERLAND 8117 PORTERS CROSSING WAY WILMINGTON, NC 28411 BRENDA T STOKER 8205 FURTADO DR WILMINGTON, NC 28411 STONE DEVELOPMENT & RESTORATION LLC 201 MARSHFIELD DR WILMINGTON, NC 28411 CARMEL D STRICKLAND 357 SHACKLEFORD DR WILMINGTON, NC 28411 BRIAN C & AMY E TANTILLA 316 FOLLY ISLAND CT WILMINGTON, NC 28411 RUBY ELIZABETH TROUTMAN 8205 LANTANA LN WILMINGTON, NC 28411 ELIZABETH C & WILLIAM M VALLS JR 8226 PORTERS CROSSING WAY SUITE 850 WILMINGTON, NC 28411 RUDOLPH & MARY ANN VILLA 309 FOLLY ISLAND CT WILMINGTON, NC 28411 JOANN M WAINIO 8204 LANTANA LN WILMINGTON, NC 28411 JAMES L & JENNIFER L WALDROP 304 FOLLY ISLAND CT WILMINGTON, NC 28411 COLLEEN S WATFORD 8231 BRAYS DR WILMINGTON, NC 28411 JOSEPH I & AMANDA S WELLIVER 8235 PORTERS CROSSING WAY WILMINGTON, NC 28411 ELIZABETH A & BRANDON S WHITTINGTON 8122 PORTERS CROSSING WAY WILMINGTON, NC 28411 RICHARD W WILSON 8133 PORTERS CROSSING WAY WILMINGTON, NC 28411 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 42 DAVID T & JESSICA M YACKEL 8243 PORTERS CROSSING WAY WILMINGTON, NC 28411 ROBERT L YUNASKA 6777 MARKET ST WILMINGTON, NC 28405 ADDITIONAL PARCELS SPLIT BY 500' LINE OR NEIGHBORS ON A KEY ADJACENT STREET NOT OTHERWISE IN THE 500' NOTIFICATION LIST BANESSE SUSAN M 8239 BRAYS DRIVE WILMINGTON, NC 28411 BRITTANY A RIDENOUR 8243 BRAYS DRIVE WILMINGTON, NC 28411 LAURA W HEARN 8247 BRAYS DRIVE WILMINGTON, NC 28411 MARK & LORI GREEN TRUSTEES 8251 BRAYS DRIVE WILMINGTON, NC 28411 ELEANOR C & JAMES R BUCKINGHAM SR 8255 BRAYS DRIVE WILMINGTON, NC 28411 SIMONE M GRACE 8259 BRAYS DRIVE WILMINGTON, NC 28411 DANIEL M SULLIVAN 8263 BRAYS DRIVE WILMINGTON, NC 28411 MONICA D CARAWAN 303 HUGHES CIR WILMINGTON, NC 28411 DONALD P & WANDA B VARIOT 307 HUGHES CIR WILMINGTON, NC 28411 JOSHUA DAVID & JESSICA ANN BERTOVICH 311 HUGHES CIR WILMINGTON, NC 28411 MARY E & TIMOTHY R DOBBS 315 HUGHES CIR WILMINGTON, NC 28411 TRACEY ALTMAN 319 HUGHES CIR WILMINGTON, NC 28411 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 43 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 44 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 45 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 46 Page 1 of 2 Community Information Meeting Report – Approved 06-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use TRAFFIC IMPACT ANALYSIS REPORT Applicants are encouraged to fill out this report in addition to providing the required Traffic Impact Analysis to allow for efficient staff review and Board consideration of your application. Address/Location Approval Date Development Proposal Analyzed (number and type of residential units and/or square footage and land use code of non-residential structures) Study Intersections Traffic Data Collection Date(s) Trip Generation SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 47 Page 2 of 2 Community Information Meeting Report – Approved 06-2022 Trip Distribution and Assignment Approved Developments Considered Planned Roadway/Intersection Improvements Considered Approved Background Growth Rate Required Improvements (with phasing if proposed) SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 48 Board of Commissioners - December 11, 2023 ITEM: 16- 7 - 49 Concept Plan Board of Commissioners - December 11, 2023 ITEM: 16- 8 - 1 U. S . H W Y 1 7 / M A R K E T S T R E E T 10 0 ' P U B L I C R / W PO R T E R S C R O S S I N G W A Y 40 ' P U B L I C R / W M A R S H R E A C H D R 50 ' P U B L I C R / W BR A Y S D R 50 ' P U B L I C R / W SHAC K L E F O R D D R 50' P U B L I C R / W LP 48 48 48 47 47 47 46 46 4 5 45 45 45 44 44 44 44 43 43 43 42 42 42 42 42 41 41 41 40 40 40 40 39 39 39 39 39 38 38 38 38 38 37 37 37 3 7 37 37 36 36 36 3 6 3 6 36 36 36 35 35 35 35 35 35 35 35 35 35 34 34 34 34 34 34 34 34 33 33 33 33 33 33 33 33 32 32 32 32 32 31 31 31 31 30 30 30 30 29 29 29 28 28 27 27 WO 10 MA 17MA 8 MA 10MA 16 MA 12 MA 12 MA 10 LO 10 LO 21 MA 48 MA 10 PN 24PN 24 LO 60 PN 24 LO 16 LO 14 LO 26 LO 14 SIGN SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS OH E OH E DU K E E N E R G Y P R O G R E S S , L L C EA S E M E N T DB 6 0 9 6 , P G 1 2 8 8 15.0'15.0' DITCH PN 23 W W W W W W W W W W W W W W W W W W W W W W W W W FO FO FO FO FO FO FO OHE OHE OHE OHE WA T E R & S E W E R E A S E M E N T DB 5 2 2 2 , P G 1 8 4 7 CA R O L I N A P O W E R & L I G H T C O M P A N Y DB 6 7 2 P G 1 7 7 7.31' S 50°36'43" E 665.40' TOTAL N 50°36'43" W 668.41' TOTAL S 4 1 ° 3 4 ' 5 0 " W 2 1 0 . 0 0 ' N 4 2 ° 2 4 ' 0 1 " E 95 . 0 8 ' 11 5 . 0 6 ' 299.16'366.24' 173.09'121.40'366.61' W W W W W W W W W W W W W W W W W W W W W W W W W W W W 16 " C L 8" P V C 18 " D I P S 50°28'22" E 30 ' S E T B A C K - P E R F O R M A N C E R E S I D E N T I A L 2 5 ' S I D E I N T E R I O R S E T B A C K 30 ' S E T B A C K - P E R F O R M A N C E R E S I D E N T I A L 20 ' T Y P E A B U F F E R 20 ' T Y P E A B U F F E R 4 0 ' D R A I N A G E & P U B L I C U T I L I T I E S E A S E M E N T NHC EASEMENT 20 ' T Y P E A B U F F E R 20' TYPE A B U F F E R 30' SETB A C K - P E R F O R M A N C E R E S I D E N T I A L W E T W E T WET WE T WE T WET W E T WET W E T W E T WET W E T WE T WET WE T W E T W E T WET WET WET W E T W E T W E T WET WET WET WETWETWETWET W E T W E T W E T WE T WE T WET WET W E T W E T SWE E T W A T E R B R A N C H WET W E T W E T 50 ' S H O D S E T B A C K PROPOSED STORMWATER POND 25' SIDE INTERIOR SETBACK 35 ' F R O N T S E T B A C K 25' SIDE INTERIOR SETBACK 30 ' R E A R S E T B A C K 20' TYPE A BUFFER30' SETBACK - PERFORMANCE RESIDENTI A L 20' TYPE A BUFFER 30' SETBACK - PERFORMANCE RESI D E N T I A L SANDERS FAMILY STORAGE LLC R03600-005-005-000 B-2 STORAGE WLM PROPCO LLC R03600-005-008-000 B-2 RETAIL RO B E R T L Y U N A S K A R0 3 6 0 0 - 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0 0 6 - 0 1 7 - 0 0 0 R - 1 5 S I N G L E F A M I L Y R E S I D E N T I A L BENEVE N T I N O R A E REVOCA B L E T R R03600-0 0 6 - 0 1 3 - 0 0 0 R-15 SINGLE F A M I L Y R E S I D E N T I A L RICHARD & E L I Z A B E T H M O B U R G R03600-0 0 6 - 0 1 2 - 0 0 0 R-15 SINGLE F A M I L Y R E S I D E N T I A L PORTERS POINTE HOA R03700-004-293-000 R-15 COMMON SPACE 20' DRAINAG E EASEMENT 30 ' S E T B A C K - P E R F O R M A N C E R E S I D E N T I A L EXISTING POND MA R K E T S T R E E T T O W N H O M E S NE W H A N O V E R C O U N T Y NO R T H C A R O L I N A 22194.PE CI P C O N S T R U C T I O N C O M P A N Y 20 1 N O R T H E L M S T R E E T , S U I T E 2 0 1 GR E E N S B O R O , N C 2 7 4 0 1 DA T E : SC A L E : DE S I G N E D : DR A W N : CH E C K E D : PEI JOB#: CO N C E P T U A L L A Y O U T : PR E L I M I N A R Y L A Y O U T : FI N A L D E S I G N : RE L E A S E D F O R C O N S T : PR O J E C T S T A T U S RE V I S I O N S : DR A W I N G I N F O R M A T I O N SEAL CL I E N T I N F O R M A T I O N : 12 2 C i n e m a D r i v e Wi l m i n g t o n , N o r t h C a r o l i n a 2 8 4 0 3 (9 1 0 ) 7 9 1 - 6 7 0 7 ( O ) ( 9 1 0 ) 7 9 1 - 6 7 6 0 ( F ) NC L i c e n s e # : C - 2 8 4 6 PR E L I M I N A R Y D E S I G N - N O T R E L E A S E D F O R C O N S T R U C T I O N CO N D I T I O N A L R E Z O N I N G SI T E P L A N CRZ-1 10 / 0 2 / 2 3 1" = 1 0 0 ' AH E AH E RP B VICINITY MAP NOT TO SCALE NORTH 140 SITE DIMENSIONAL DATA REQUIRED PROVIDED MIN. LOT AREA:20,000 SF (0.46 AC)33.54 AC MIN. LOT WIDTH:100'210' FRONT SETBACK 35'50' (SHOD) MIN. SIDE SETBACK (STREET):30'N/A SIDE SETBACK (INTERIOR (3 STORIES):25'25' MIN. REAR SETBACK (3 STORIES):30'30' MIN. PERFORMANCE RESIDENTIAL SETBACK ADJACENT TO RESIDENTIAL: 30'30' MIN. BUILDING HEIGHT MAXIMUM:3 STORIES MIXTURE OF 2 & 3 STORIES SITE DEVELOPMENT NOTES: BUILDING INFORMATION 2 & 3 STORY BUILDINGS PROPOSED AS PERFORMANCE RESIDENTIAL PARKING REQUIREMENTS - DWELLING, ROW-STYLE 2 SPACES REQUIRED PER DWELLING UNIT PARKING REQUIRED:696 SPACES PARKING PROVIDED:786 SPACES IN-UNIT GARAGE PARKING:296 SPACES SURFACE PARKING:490 SPACES (INCLUDING VISITOR & AMENITY SPACES) LANDSCAPING GENERAL NOTES: 1.LANDSCAPED AREAS WILL COMPLY WITH NEW HANOVER COUNTY UNIFIED DEVELOPMENT ORDINANCE INCLUDING PARKING AREAS, STREET YARDS, BUFFERS, AND SCREENING. 2.STREET YARD SHALL BE A MINIMUM OF 9' AND A MAXIMUM OF 27' AND CONTAIN AN AREA OF 18 SF FOR EVERY LF OF STREET YARD FRONTAGE. LANDSCAPE AREA PROVIDED ALONG MARKET STREET IS 50' WIDE DUE TO SHOD. BUFFER NOTES 1.1. MINIMUM BUFFER REQUIREMENTS STATE A 20' TYPE A OPAQUE BUFFER IS REQUIRED WHEN ADJACENT TO SINGLE FAMILY DETACHED OR TWO FAMILY DWELLING UNITS AND UNDEVELOPED LAND IN RA, AR, R-20S, R-20, R-15, R-10, R-7, OR R-5 ZONING DISTRICTS. 2.PROPOSED BUFFERS WILL CHOOSE BETWEEN 3 ALLOWABLE OPTIONS DEPENDING ON SITE CONDITIONS FOR EACH BUFFER AREA. OPT 1. MINIMUM THREE ROWS PLANTED MATERIAL REQUIRED. OPT 2. 6' - 10' OPAQUE FENCE WITH VEGETATION OPT 3. BERM & VEGETATION 3.PROPOSED BUFFERS EXCEED MINIMUM REQUIREMENTS IN ALL LOCATIONS. SCREENING 1. TRASH COMPACTOR/DUMPSTER AREAS SHALL BE SCREENED FROM VIEW BY MEANS OF A SOLID FENCE & LANDSCAPING. SIDEWALKS 1.SIDEWALKS SHALL BE PROVIDED IN ACCORDANCE WITH THE NEW HANOVER COUNTY UDO. STORMWATER & UTILITIES 1.STORM WATER SHALL BE DESIGNED IN ACCORDANCE WITH ALL NEW HANOVER COUNTY AND STATE REQUIREMENTS. PONDS SHOWN IN GENERAL LOCATION AT THIS TIME, BUT DESIGN WILL ALTER AS ENGINEERING DESIGN PROGRESSES. 2.PUBLIC WATER AND SEWER WILL BE EXTENDED BY THE DEVELOPER TO THE SITE. ALL DESIGN AND PERMITTING SHALL BE COORDINATED WITH CFPUA, NEW HANOVER COUNTY, AND STATE REGULATORS AS REQUIRED. LEGEND SUBJECT PROPERTY LINE WE T WETWETWETWETWET WE T WET WET WET WET WET WETLANDS PROPOSED BUILDINGS SITE DATA PROJECT ADDRESSES: PROPERTY OWNERS:BEE SAFE PORTERS NECK, LLC, HERBERT E PARHAM, AND ROBERT L YUNASKA PARCEL PINS: R03600-005-007-000 (± 2.88 AC) R03600-005-006-002 (± 0.40 AC) R03700-004-147-000 (± 20.41 AC) R03700-004-148-000 (± 2.12 AC) R03700-004-189-000 (± 7.78 AC) R03600-006-082-000 (A PORTION OF) PROPOSED USE:TOWNHOME (ROWHOUSE) RESIDENTIAL FUTURE LAND USE CLASSIFICATION:URBAN MIXED USE, GENERAL RESIDENTIAL, GROWTH NODE TOTAL PROJECT SITE AREA:± 33.54 AC (± 1.72 AC IN COD) CURRENT ZONING: B-2, I-1, & R-15 PROPOSED ZONING:RMF-M (RESIDENTIAL MULTI-FAMILY MODERATE DENSITY) MAX DENSITY ALLOWED AS RMF-M:17 DU/AC (541 UNITS ALLOWED) MAX PROJECT DENSITY PROPOSED:10.94 DU/AC (DOES NOT INCLUDE COD AREA) TOTAL PROPOSED UNITS:348 UNITS MIDDLE UNITS (WITH GARAGE):296 UNITS END UNITS (NO GARAGE):52 UNITS EXISTING CONDITIONS/ ENVIRONMENTAL NOTES: FLOOD INFORMATION:THE SUBJECT PARCELS ARE LOCATED IN ZONE X – MINIMAL FLOOD RISK – AS SHOWN BY FEMA MAP NUMBER 3720316900K & 3720326000K BEARING AN EFFECTIVE DATE OF FEBRUARY 16, 2007. WETLAND INFORMATION:A WETLAND DELINEATION AS PREPARED BY STOCKS LAND SURVEYING WAS APPROVED BY THE USACE ON MARCH 29, 2003; WETLAND PERMITS WILL BE RENEWED AFTER CONDITIONAL REZONING APPROVAL AND PRIOR TO CONSTRUCTION. SPECIMEN TREES:SPECIMEN TREES HAVE BEEN FOUND ON SITE & ARE BEING PRESERVED. EXISTING VEGETATION:THE SITE IS COMPRISED OF A MIXTURE OF OPEN GRASSED AREA & WOODED AREAS. AREAS AROUND THE WETLAND ARE HEAVILY VEGETATED AND PROPOSED TO REMAIN LARGELY UNDISTURBED. TREE SPECIES ARE MIXED HARDWOODS AND MIXED PINE TREES THROUGHOUT THE SITE. OPEN SPACE REQUIRED OPEN SPACE:± 6.71 AC (20% OF GROSS AREA) PROVIDED OPEN SPACE:± 13 AC (39% OF GROSS AREA) OPEN SPACE INCLUDES WETLANDS, BUFFERS, STREET YARDS, PONDS & EASEMENTS CONDITIONAL REZONING NOTE ALL DESIGN ELEMENTS SHOWN ON THIS PLAN CONVEY THE GENERAL INTENTION OF THE PROPOSED DESIGN AND MAXIMUM DENSITY ANTICIPATED; DESIGN MAY REQUIRE MINOR DEVIATIONS DURING DESIGN DEVELOPMENT, BUT ALL DESIGN WILL COMPLY WITH THE TERMS OF APPROVAL FOR THE CONDITIONAL ZONING PLAN AND WITH NEW HANOVER COUNTY'S UDO. UDO ARTICLE 10 10.3.3.C.7.b FURTHER IDENTIFIES EXTENT OF CHANGE ALLOWED BEFORE REQUIRING ADDITIONAL BOARD REVIEW. PLANS WILL BE REVIEWED BY TRC AND REGULATORY AUTHORITIES TO ENSURE COMPLIANCE WITH APPLICABLE ZONING REGULATIONS AND LOCAL AND STATE REGULATIONS. MAR K E T S T MA R S H RE A C H D R F O L L Y I S L A N D C T O A K S PO R T E R S C R O S S I N G W A Y M A R S H DR P O R T E R S N E C K R D F U T C H C R E E K R D B A Y F I E L D D R CLUBHOUSE / POOL / POOL HOUSE / GRILL AREA PROPOSED TRASH COMPACTOR SCREENED FROM ADJACENT PROPERTIES & LOCATED AWAY FROM EXISTING HOMES PROPOSED MAINTENANCE BUILDING PROPOSED 9'x18' PARKING SPACES IN THE BACK OF THE UNITS, TYP. PROPOSED 9'x22' PARALLEL SPACES; TYP.; PARALLEL SPACES PROVIDE VISITOR PARKING & RESIDENT OVERFLOW PARKING PROPOSED MIDDLE UNIT WITH A GARAGE, TYP. PROPOSED END UNIT WITH NO GARAGE, TYP. PORTION OF I-1 LAND INCLUDED IN PROJECT FOR ACCESS TO REAR PARCELS POTENTIAL ENTRY GATE POTENTIAL EXIT GATE OPEN SPACE AREA, TYP. 0 50 100 200 400 SCALE: 1"=100' GRAPHIC SCALEGRAPHIC SCALE PROPOSED POND PROPOSED EMERGENCY VEHICLE ACCESS GATE; SETBACK FROM PROPERTY LINE TO ALLOW VEHICLE ACCESS OUTSIDE OF ADJACENT NEIGHBORHOOD ROAD EXISTING SPECIMEN LIVE OAKS TO REMAIN AS ENTRANCE FEATURE TO NEIGHBORHOOD EXISTING WETLAND IMPACT TO ALLOW ROAD ACCESS TO REAR LAND EXISTING HEAVILY VEGETATED AREA TO REMAIN AS OPEN SPACE & BUFFER TOWNHOME BUILDING, TYP; STREETSCAPES THROUGHOUT PROJECT WILL INCLUDE SIDEWALK & STREET TREES EXISTING POND TOWNHOMES CLOSEST TO ADJACENT SINGLE FAMILY HOMES POSITIONED ADJACENT TO EXISTING COMMON AREAS PROPOSED OPEN SPACE EXISTING EDGE OF NHC COD EXISTING EASEMENT, TYP. PROPOSED WIDENED BUFFER & OPEN SPACE ADJACENT TO SINGLE FAMILY NEIGHBORHOOD PROPOSED WIDENED BUFFER & OPEN SPACE ADJACENT TO SINGLE FAMILY NEIGHBORHOOD PROPOSED MOTOR COURT IN REAR OF TOWNHOMES, TYP.; ACCESS TO GARAGES & MAJORITY OF SURFACE PARKING FOR UNITS SCREENED FROM STREETSCAPE AREAS Board of Commissioners - December 11, 2023 ITEM: 16- 9 - 1 January 31, 2023 Mr. A. J. Anastopoulo, P.E DAVENPORT 5917 Oleander Drive, Suite 206 Wilmington, NC 28403 RE: Approval with conditions of the Traffic Impact Analysis (TIA) for the proposed Market Street Townhome Apartments residential development in New Hanover County, NC Dear Mr. Anastopoulo: The WMPO, NCDOT, and New Hanover County staffs have reviewed the Market Street Townhome Apartments TIA (sealed December 2, 2022) and based on the information provided and conversations held to date, it is our understanding that the proposed development has a build out year of 2024 and will consist of: o ITE Land Use Code 220 – up to 348 DU Multi-family (low-rise) residential The following improvements are required of the developer: US 17 (Market Street) and Hays Lane/Commercial Driveway (Signalized intersection) • No improvements are required. US 17 (Market Street) and Cypress Pond Way (Unsignalized left over) • Install a traffic signal and provide necessary coordination. US 17 (Market Street) and SR 1402 (Porters Neck Road) (Signalized intersection) • No improvements are required. SR 1402 (Porters Neck Road) and Brays Drive/Site Access 2 (Stop-controlled intersection) • No improvements are required. US 17 (Market Street) and Site Access 1 (Stop-controlled right-in/right-out intersection) • Construct a continuous northbound thru-right turn lane on US 17 (Market Street) from ABC store driveway continuing up to the thru-right lane at the intersection of US 17 (Market Street) and Porters Neck Road. Board of Commissioners - December 11, 2023 ITEM: 16- 10 - 1 Board of Commissioners - December 11, 2023 ITEM: 16- 10 - 2 Traffic Impact Analysis Board of Commissioners - December 11, 2023 ITEM: 16- 11 - 1 DAVEI\PORT Transportation I mpact Analysis [Vlarket Street Townhomes Wilmington, NC Prepared for CIP Construction Company December 2,2A22 Analysis by: Sam Starks Drafting/Graphics by:Sam Starks Reviewed by: AJ Anastopoulo. P.E. Erin Govea, P.E. Sealed by: AJ Anastopoulo. P.E. EI This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Home Office: 119 Brookstown Ave. Suite PH1 Winston-Saiem, NC 27101 Maini 336.744.1S36; Fax: 33S.458.9377 Wilmington Regional Office: 5917 Oleander Drive, Suite 206 Wilmington, NC 28403 Main: $10.251 .8312; Fax: 336.458.9377 .i1\llli/77r,.sit, g.lR'6,i,, ---toa"t n';;'A z-""iffi:.31----9ft2lr nrvnst?i+*'//lttll\\ttt' SIiAL Seruing the Scutheast since 2002 tr Board of Commissioners - December 11, 2023 ITEM: 16- 12 - 1 12/2/2022 220248 Market Street Townhomes i EXECUTIVE SUMMARY The proposed residential development is located east of Market Street and south of the intersection of Brays Drive and Shackleford Drive in Wilmington, NC. The proposed development is planned to consist of up to 348 townhomes. The expected build-out year for this development is 2024. Information regarding this property was provided by CIP Construction Company. Two scenarios were analyzed for this Transportation Impact Analysis (TIA). Scenario A analyzed two access points for the development. The first access point, which is right-in/right-out (RIRO), will be located along Market Street approximately 325 feet south of Cypress Pond Way. The second access point will be a new connection extending Brays Drive. In Scenario B, only the first access point along Market Street will be used, while the access point to Brays Drive will be used for emergency access only. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of the new development traffic. The TIA was performed based on the scope agreed upon with the Wilmington Metropolitan Planning Organization (WMPO) and the North Carolina Department of Transportation (NCDOT). This site has a trip generation potential of 2,306 daily trips, 131 trips in the AM peak hour, and 170 trips in the PM peak hour. Based on the capacity analysis, recommendations have been given where necessary to mitigate the impacts of future traffic. Improvements are summarized in Table A and Figure A. In conclusion, this study has determined the potential traffic impacts of this development. Recommendations have been given to accommodate these impacts. The analysis indicates that with the recommended improvements in place, the proposed site is not expected to have a detrimental effect on transportation capacity and mobility in the study area. The recommendations in Figure A and in Table A should be constructed to comply with applicable NCDOT Policy on Street and Driveway Access to North Carolina Highways and local standards. Board of Commissioners - December 11, 2023 ITEM: 16- 12 - 2 12/2/2022 220248 Market Street Townhomes ii Table 6.1 – Summary of Recommended Improvements INTERSECTION SCENARIO A RECOMMENDATIONS (2 Access Points) SCENARIO B RECOMMENDATIONS (1 Access Point) Market Street and Hays Lane/ Commercial Driveway  No improvements recommended  No improvements recommended Market Street and Cypress Pond Way  Extend northbound left turn lane storage by 50 feet to 300 feet with appropriate taper.  Extend northbound left turn lane storage by 50 feet to 300 feet with appropriate taper. Market Street and Porters Neck Road  No improvements recommended  No improvements recommended Porters Neck and Brays Drive (Site Access 2)  No improvements recommended  No improvements recommended Market Street and Site Access 1  Install northbound right turn lane with 150 feet of storage and appropriate deceleration and taper  Design site drive according to applicable NCDOT and local standards.  Install northbound right turn lane with 200 feet of storage and appropriate deceleration and taper  Design site drive according to applicable NCDOT and local standards. Board of Commissioners - December 11, 2023 ITEM: 16- 12 - 3 Public Comments In Support 0 Neutral 0 In Opposition 54 Board of Commissioners - December 11, 2023 ITEM: 16- 13 - 1 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Tuesday, October 24, 2023 1:06 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #6991 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 Dr. Glenn Last Name Weckel Address 7611 Mallow Rd City wilmington State nc Zip Code 28411 Email glennweckel@gmail.com Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment I have lived here since 1986 and have see too much growth. I am a conservative and a capitalist and I understand that controlled growth is good for the area and for jobs and needed if people continue to move into the area but in the past few years, the amount of vertical growth has been ridiculous. This affects the quality of our life and the aesthetics of our natural beauty. I live in Bayshore, a naturally wooded community with single family homes. You have just allowed for 40+ acres to be cleared in the 7000 block of Market St and 288 apartments are Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 1 2 going up in 3-4 story complexes after you clear cut the entire area...LOOKS UGLY and now you want to rezone so that 348 more can go into the 8100 block of Market St. NO, NO, NO...am I clear on that...NO. Some single family homes in a nice neighborhood that has NOT been clear cut, OK. No more multifamily three story units. We are also tired of looking at the ugly construction for years on end. We built the Empire State building in thirteen months and this Market st widening project is three years going and still at least a year from completion and now the Gordon Rd project will start next year. I am tired of driving in the mess and tired of not having a beautiful county to live in. 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 - December 11, 2023 ITEM: 16- 14 - 2 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Monday, October 23, 2023 9:37 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary Subject:Online Form Submission #6953 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 Jessica Last Name Foley Address 7913 Bonaventure Drive City Wilmington State NC Zip Code 28411 Email jessica.b.foley3@gmail.com Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment The neighborhood’s primary access will be from Market Street which would overwhelm the already-crowded roads. This addition would also strain the area’s aging stormwater system and potentially decrease property values. Finally, with new adults moving to these townhomes it also brings new kids. Where will they go to school with an already overcrowded Porter Neck elementary? Adding these townhomes is an extremely poor choice. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 3 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Monday, October 23, 2023 11:29 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary Subject:Online Form Submission #6959 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 Kevin Last Name Foley Address 7913 Bonaventure Drive City Wilmington State NC Zip Code 28411 Email kevinpatrickfoley@gmail.com Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment The Porter's Neck area has already seen substantial growth as seen in the school enrollment numbers. Porters Neck Elementary is only 3 years old and already over capacity with no plans for a new school or anything to accommodate more students.Ogden Elementary to the south is even farther above capacity so there is no room to move to other schools. With more families moving to this area every year, we should not be granting waivers that would make this problem worse. If anything, this property should be the site of a new elementary Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 4 2 school to help with the overcrowding from Porter's Neck and Ogden elementary schools. This whole area is so heavy in residential space with little undeveloped space left for any future schools. The traffic would also cause a major issue. At the location of the entrance, Market st is divided which means that the 345 residents with likely 2 cars a piece will have to all exit right and do a U turn at Porter's Neck Rd to go south. To return home when coming from the North, they would need to do a U turn at Hays ln (Walmart). Upon exiting, there is a left turn lane directly across to enter Cypress Pins Way, which would result in cars having to drive straight at the median to get into the lane. This left turn lane also backs up a lot since it is not at a light and it is the entrance to groceries, restaurants, hotels, gyms and retail. The proposed emergency entrance would be a better option as a main entrance and exit. That doesn't even take into account the extra 345 two cars household, 700 cars that will be commuting through this area daily. Te Hampstead bypass is still years away but the Military cutoff extension has yet to show any traffic relief through Ogden and Porter's Neck, so adding more unnecessary traffic to this are, that doesn't also benefit any of the existing residents in any way, is moving in the wrong direction. Townhomes may often be purchased by lower income homes and may not have cars, but there are no sidewalks in this area. There are no crosswalks. When traffic gets bad enough people will try to walk and inevitably cause more accidents from trying to run across a highway or try to walk along the side of the highway in the grass. We are growing fast in this area. Faster than we can accommodate the change. Even if we approved a new school today, we'd have years of overcrowding before it would actually open. Often we don't have a choice on what someone builds on the land that they buy. We're lucky in this case that we have a choice to not rezone this and make matters worse. Please make the right decision and do not approve this on the grounds that it does not benefit the existing residence in anyway. 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. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 5 1 Dickerson, Zachary From:Kristen Butler <kristenjmoody@aol.com> Sent:Monday, October 23, 2023 1:29 PM To:Dickerson, Zachary Subject:Townhomes on Market St. ** External Email: Do not click links, open aƩachments, or reply unƟl you know it is safe ** Good aŌernoon Mr. Dickerson. I am wriƟng to oppose the possible building of new townhomes at the 8100 block of Market St. We have had such huge growth over the last couple of years and the schools in this area are so overcrowded. If you build these townhomes, where will the children that live in them go to school? Porters Neck Elementary is only in year 3 of being open, and we have already lost our music room and art room, and they are not yet finished building the homes in the new Waterstone neighborhood. If the city/county wants to conƟnue to build mulƟ-home residenƟal areas, we need MORE schools. Schools are so important and it seems like no-one cares about them. It is all about money for these big builders and since schools don’t generate revenue they aren’t thought about. It is so frustraƟng the way that the city is growing, and we are becoming another Myrtle Beach but rather than mini golf and big beach stores like Wings, we have oil change places, car washes, and storage faciliƟes. Please consider this when deciding on whether to build these new townhomes. Thank you kindly, Kristen Bulter (336)580-3514 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 6 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Tuesday, October 24, 2023 8:46 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7004 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 Kristen Last Name Lindquist Address 520 Bayfield Dr City Wilmington State NC Zip Code 28411 Email Field not completed. Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment There is too much traffic in this section of Market St. The surrounding infrastructure cannot sustain another 350+ homes. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 7 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Monday, October 23, 2023 8:31 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary Subject:Online Form Submission #6951 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 Nancy Last Name Peterson Address 429 Marsh Oaks Drive City Wilmington State NC Zip Code 28411 Email njmcneill@yahoo.com Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment What concessions are being made to accommodate the increased traffic this will have in an already highly congested area and the impact to schools that are already overcrowded? Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 8 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Monday, October 23, 2023 9:38 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary Subject:Online Form Submission #6954 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 Sara Last Name Fischer Address 308 marsh oaks dr City Wilmington State North Carolina Zip Code 28411 Email Field not completed. Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment Subject: Opposition to Rezoning Proposal Case #z23-21 I am writing to express my strong opposition to the rezoning proposal (Case #z23-21) requesting the rezone of 33.54 acres for a maximum of 348 single-family attached dwelling units in our community. While I understand the need for development, I believe that this rezoning proposal will have detrimental effects on our neighborhood and its existing residents. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 9 2 First and foremost, our schools are already overcrowded. As a resident, I have witnessed the strain that the current population has placed on our educational system. The proposed construction of 348 townhomes, which is likely to attract more young families, would only exacerbate this problem. I would like to draw your attention to the recent capacity report conducted by the Board of Education, which underscores the current issues we face in our educational institutions. This rezoning proposal fails to consider the already stretched resources and infrastructure in our community. It is crucial that we prioritize the well-being and quality of life for our current residents before embarking on such extensive development. The overcrowding in our schools and the potential strain on other public services would negatively impact our community's residents, many of whom have lived here for years. I respectfully request that you consider the long-term consequences of this rezoning proposal on our community. It is essential to strike a balance between development and the preservation of the existing quality of life for our residents. I urge the City Planning Department to review the concerns raised by the community and reconsider the rezoning proposal in light of the capacity report from the Board of Education. Our community's future depends on thoughtful, responsible development that takes into account the well-being of its residents. Thank you for your attention to this matter. I hope you will make the right decision for our community's future. Sincerely, Sara Fischer 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. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 10 Public Comments In Support 0 Neutral 0 In Opposition 36 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 11 1 Farrell, Robert From:Vafier, Ken Sent:Thursday, November 2, 2023 6:42 AM To:Farrell, Robert; Dickerson, Zachary Subject:Fwd: Case Z23-21 Market Street Townhomes Get Outlook for iOS Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Greg Brawley <brawleybury@yahoo.com> Sent: Thursday, November 2, 2023 3:03:39 AM To: Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Planning Board Member: To NHC Planning & Land Use Staff Management and Planning Board members. My name is Greg Brawley and I am Trustee for the Greg W. Brawley Living Trust, the property holder of the home a 277 Shackleford Drive, within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. My concerns with this development, are almost too numerous to name! My initial reaction to this “proposal” was stark opposition to the rezoning request, and to the project in its entirety, at least as presented by the rather sketchy early representations. With years of commercial and industrial construction in my background, I was stunned by the potential for “unintended consequences” of plunking a project of this scale in the middle of a functional, yet somewhat fragile, community of single-family dwellings. While I am certain, as planning professionals you may have already considered many of my concerns, or will consider them in the context of deliberation of some of these impacts, I feel compelled to put some emphasis on these considerations.  The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”. The Planning Board Staff has yet to post their Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 12 2 recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. It IS NOT, nor SHOULD IT BE the province of the Porter’s Pointe homeowners, to bear the consequence and expense of the developer’s legal and professional obligation to mitigate their own traffic impacts. o First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. o Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. o Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. o I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case.  I object to the size and density of the project. In accordance with the prevailing building codes, the 347-unit concept, MAXIMIZES the permissible land use for the available area of the site. This is comparable to opening the “floodgate” of impacts on an otherwise single-family dwelling residential community. By making a broad re-zoning decision, the options for mitigating this proposal through the plan approval process would become limited. Once the “genie” is out of the bottle, there is no putting it back. You may have noted that the 347-units on 33.54 acres roughly equates to 4200 sq. ft. per unit. Zoning and building codes requirements specify a minimum land area of 4,000 sq. ft. per unit is required. While that may be attractive to the developer, this severely limits design options that might be available to mitigate the “gross mass” of buildings that are needed to “maximize” their investment. Limiting the number of units that are permissible for this site, might be a reasonable means of mitigating this impact, and provide and opportunity to expand the design options.  Particularly, based on the proposal presentation, the indications are that structures adjoining Porter’s Pointe, would presumably present a 30-foot high “wall” almost 200 feet long to the single- family homes in this development! IF unbridled re-zoning is approved, the aesthetics alone would impact property values for any and all who would face that feature.  Additionally, from the proposal, it appears that “clear cutting” of the existing flora, would mean “no relief” from the hovering “mass”. The problem for re-zoning, is that protection of the vistas and aesthetics of the existing property owners is violated permanently, once the re-zoning has been granted and the project has been executed. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 13 3  Surely, the density of this project suggests that infrastructure upgrades of the nature of flood control, wastewater treatment, police, fire and city services would represent a huge impact on the community in general, and the county budget specifically. Approving the re-zoning without specific assurances of mitigation from the developer, for issues of this kind, would have lasting and permanent impact on the values of the adjoining properties and the community. It is duly noted that the interests of the County government may be eying potential surge in business activity and tax revenue from an influx of something like 1,000 residents, the impacts on those already in the community need to be given fair consideration as well. An expedient decision, without due diligence and attention to details requiring stipulations and legal provisions that mitigate the impacts cited above, could result in formidable unintended consequences. Beyond denying the request for rezoning outright, the cost and burden of addressing these impacts should be borne by the party that benefits…. In this instance, the developer, NOT the homeowners and businesses that are already existing in an otherwise undisturbed community. Best Regards Greg W. Brawley, Trustee Greg W. Brawley Living Trust. brawleybury@yahoo.com Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 14 4 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, November 1, 2023 3:19 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7154 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 Jane Last Name Albers Address 7808 Blue HERON DR W. City Wilmington State NORTH CAROLINA Zip Code 28411 Email janalb@aol.com Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment I live off Porters Neck Rd. Traffic and drainage is already a problem at times. Do we really need another 348 townhomes to make what already is a problem a larger problem? Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 15 6 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, November 1, 2023 9:00 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7139 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 Scott Last Name McLendon Address 604 Shoals Drive City Wilmington State NC Zip Code 28411 Email csmclendon@gmail.com Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment As a long time, resident of the Bayshore community I am extremely concerned about the subject rezoning. This project will generate more traffic, require the installation of an additional traffic light Market Street, will adversely impact schools that are already overcrowded, is not compatible with the surrounding land use, and result in additional runoff to Pages Creek which has experienced significant declines in water quality. Traffic. According to information prepared by NC DOT the Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 16 7 Level of Service on Market Street is “F”, which represents the worst operating conditions of a roadway. According to the TIA completed for this proposal, the proposed development would result in an additional 2,300 trips/day to this already overcrowded and unsafe section of Market Street. In addition, this project will require another light at the entrance to the Food Lion Shopping Center thus resulting in yet another impediment to an already overcrowded roadway. Pages Creek. Cape Fear Resource Conservation and Development along with the New Hanover County Soil and Water Conservation District is preparing a Pages Creek Watershed Restoration Plan. According to information that is provided on New Hanover County’s own website, Pages Creek has approximately 18% of its watershed covered with impervious surfaces, Pages Creek is impaired under the Clean Water Act and its shellfish waters are closed due to high bacterial levels from runoff and has experienced an increase in flooding and a decrease in water quality over the past two decades. As a resident of Bayshore I can attest to the amount of sediment that enters the creek after moderate to heavy rainfall, as well as the warning signs regarding fecal coliform that are posted periodically at the community boat ramp. It is sad and extremely frustrating to watch as our Public Trust Resources are slowly degraded to satisfy the interests of the development community. It is an established fact that as the amount of impervious surfaces increase in a watershed, water quality in receiving waters declines. This project is located directly adjacent to Sweetwater Branch, a tributary to Pages Creek, and, according to the sketch plan provided at the public information meeting, most of the property will be covered in asphalt/concrete parking needed to accommodate the 384 townhomes and corresponding automobiles. This rezoning request, if approved, will only exacerbate the steady decline of Pages Creek. Although the watershed plan that was referenced earlier is in a draft stage, I strongly encourage the Planning Board to determine if this proposal is consistent with the goals outlined in that plan and to thoughtfully consider the impacts this project will have on Pages Creek and its receiving waters. Schools. According to a recent article in the Port City Daily, students are most concentrated in Porters Neck, Ogden, and the southern end of the county which are in areas experiencing rapid growth. According to this article, Superintendent Charles Foust pointed out Porters Neck Elementary is only three years old and already in need of mobile units. Laney has 2,214 students currently housed in a facility built for 1,887. In addition, the Facility Utilization Study noted that its recommendations, will only alleviate current overcrowding and Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 17 8 are not aimed at accommodating potential future increases. (Port City Daily – September 24, 2023). This rezoning proposal has the potential to only exacerbate overcrowding in the local schools. Housing shortage. At the open house the developer’s representatives indicated that there is a housing shortage in New Hanover County; this statement should be qualified to indicate that there is a lack of affordable housing. If this is correct and the proposed townhomes will be “high end”, this proposal will do nothing to alleviate that shortage. I encourage the Planning Board to not consider housing shortage as a reason to approve the rezoning request. Finally, this proposal is completely inconsistent with the surrounding land use, which consists entirely of single-family homes. In closing, there is absolutely no merit to the subject rezoning request. If approved it will bring more traffic, more adverse impacts to Pages Creek, potentially adversely impact already overcrowded schools, and is completely incompatible with the surrounding land use. I understand that growth is inevitable, and I appreciate the difficult tasks the Planning Board faces in a rapidly growing community. However, that growth must consider current and future projects and consider the impacts its decisions have on the overall public interest, including impacts to natural resources that draw people to the area in the first place. The current R-15 zoning would allow the property to be developed in a manner that would satisfy the developers need for a return on his investment while minimizing impacts to the citizens that reside in the area. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. 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 - December 11, 2023 ITEM: 16- 14 - 18 9 Farrell, Robert From:noreply@civicplus.com Sent:Tuesday, October 31, 2023 8:51 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7137 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 Gregory Last Name Stone Address 1350 Village Cove Court. Apt 104 City Wilmington State NC Zip Code 28411 Email Ghstone99@gmail.com Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment Resining, or Conditional Rezoning, seems to be getting out of control in the county. The infrastructure in the area of this proposed rezoning does not support the addition of 348 single family attached dwelling units - And Why the change ? The area is zoned for the commercial and business enterprises that exist here - and there is no need, nor justification to make the change that is proposed. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 19 10 I believe, and hope that you will agree, that rezoning-of this property is not warranted and would bea negative change not positive 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 - December 11, 2023 ITEM: 16- 14 - 20 11 Farrell, Robert From:Vafier, Ken Sent:Tuesday, October 31, 2023 3:21 PM To:Farrell, Robert; Dickerson, Zachary Subject:FW: “Case Z23-21 Market Street Townhomes” Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Susan Banesse <sbanesse@gmail.com> Sent: Tuesday, October 31, 2023 3:18 PM To: cjtarrant14@gmail.com; jpetroff@cldeng.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Cc: shawn yacuzzo <fireyacuzzo11@gmail.com> Subject: “Case Z23-21 Market Street Townhomes” ** External Email: Do not click links, open attachments, or reply until you know it is safe ** “To NHC Planning & Land Use Staff Management and Planning Board members. We are Shawn and Susan Yacuzzo and we reside at 8239 Brays Dr. within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject, "proposed rezoning." The most significant concern we have is the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only,” which we support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but we are concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are PRIVATE and NOT maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 21 12 Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. We are also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. We see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, we absolutely support the Rezoning Request for 8138 Market Street With the condition that NO vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider our concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration.” Respectfully, Shawn and Susan Yacuzzo 336-847-0677/336-682-9800 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 22 13 Farrell, Robert From:noreply@civicplus.com Sent:Tuesday, October 31, 2023 2:42 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7128 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 Samuel Last Name Barber Address 8238 Porters Crossing Way City Wilmington State NC Zip Code 28411 Email PSUSAM76@GMAIL.COM Projects available for comment. PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St What is the nature of your comment? Oppose project Public Comment I am a resident of the Porters Crossing neighborhood, and I am opposed to the rezoning of the R-15 zones to RMF-M. Although the application places emphasis on being in a growth node, it should be pointed out that just a small portion would be considered in this designation and that portion is largely separated from the R-15 parcels. It is clear from the New Hanover County Unified Development Ordinance, dated June of 2023, that R-15 parcels remain for a specific reason. As per the Ordinance, "The purpose of the Residential-15 (R-15) Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 23 14 District is to provide lands that accommodates very low to low density residential development that can serve as a transition between very low density residential development patterns and smaller lot, more dense residential areas of the County, District regulations discourage development that substantially interferes with the quiet residential and recreational nature for the district." Currently there are four neighborhood adjacent to the R-15 zoning area in question. These are Marsh Oaks, Porters Crossing, Lantana Lane and Porters Point. I bought my property with the knowledge that surrounding properties would be developed in a manner similar to my property, where things are quiet and peaceful. I always figured that if the subject property was developed under the R-15 designation that approximately 60 new homes would be constructed. This would seem reasonable, and would keep our neighborhoods quiet and peaceful. I dread the thought what it will mean to have 348 units constructed. I believe the noise and the neighborhood intrusions will be unbearable. I respectfully request that you deny the application request. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 24 15 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 11:31 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Colleen Watford <colleen.watford@gmail.com> Sent: Monday, October 30, 2023 11:21 AM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members: My name is Colleen Watford. I live at 8231 Brays Dr. within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which we support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. I support their plan. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 25 16 I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Colleen Watford 910.200.2172 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 26 17 Farrell, Robert From:Roth, Rebekah Sent:Monday, October 30, 2023 8:25 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 8100 block Market Street Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p | (910) 798-7838 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Lily Salisbury <misslilymagnolia@gmail.com> Sent: Saturday, October 28, 2023 1:26 PM To: Roth, Rebekah <rroth@nhcgov.com> Subject: Case Z23-21 8100 block Market Street ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Lily Salisbury. I reside at 377 Shackleford Drive within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I strenuously oppose rezoning of the site that formerly operated as a farm/nursery and landscaping business. I am not knowledgeable in zoning specifics, but it is my understanding that current zoning is for single family homes. I support maintenance of its current zoning. 377 Shackleford Drive abuts Porter’s Pointe HOA common property including the retention pond. This HOA common property borders the 33 acre parcel, i.e., Case Z23-21. I vehemently oppose the requested rezoning to moderate high density multifamily. I believe that 348 two and three story townhomes plopped into the middle of three single family home developments will precipitate the ruination of those existing neighborhoods, especially Porter’s Pointe. Reasons for my opposition to the Paramounte/CIP proposal include, but are not limited to: a. Noise pollution. Townhomes, especially the extraordinary number proposed, will create an enormous increase in vehicular noise, with the clangor of garbage trucks and weekly garbage collection. How disturbing the battery of air conditioners running 24/7 some 60-150’ from the HOA property boundary! We only have the developer’s word that they will double the required setback of 30’. No matter the type of buffer the developer installs, the peaceful quality of life now enjoyed by neighboring developments will be destroyed. b. Degradation of air quality to the environs. Currently Porter’s Pointe enjoys a lower level daily AQI than more Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 27 18 densely populated zip codes within New Hanover County. At the developer’s “community meeting”, representative Craig stated that Paramount/CIP will “clear cut” the parcel in advance of construction. Single family home developers would at least plant vegetation like Crepe Myrtles. Please consider the enormous amount of air pollution generated by the vehicles of 348 units when making your decision. Proposed “Market Street Townhomes” design offers a pitiable amount of trees to combat vehicular and household emissions. c. Undisputed diminution of home values of surrounding single family neighborhoods: Marsh Oaks, Porters Crossing, Porter’s Pointe. This will particularly impact Porter’s Pointe should Bray’s Drive be accessible to the townhome development’s vehicular and pedestrian traffic. d. Decreased greenery - lawns, landscaping, trees - when compared to single family home developments. This has detrimental impact on wildlife, particularly birds which are currently abundant. Increased paving of roads and parking areas will lead to more problematic storm drainage, already an issue in New Hanover County. Porter’s Pointe roads and properties suffered storm drainage issues during Hurricane Florence and its aftermath. e. Light pollution. Yes, single family home developments bring streetlights as well as interior and exterior lights of the individual homes. From two and three story townhomes an increased number of lights from extremely high elevations are the source of never ending harm to established neighboring developments. I urgently ask that you turn down the rezoning request Case Z23-21 8100 block Market Street. I believe the proposed development will destroy the existing quality of life in Porter’s Pointe neighborhood. Should you approve the rezoning request, please require reduction of the number of units, particularly those close to Shackleford Drive. Further, should you approve rezoning to multifamily moderate high density, allow ONLY emergency access to Bray’s Drive in Porter’s Pointe neighborhood. Thank you in advance for your consideration. Lily Salisbury 377 Shackleford Drive Wilmington 28411 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 28 20 Farrell, Robert From:Roth, Rebekah Sent:Monday, October 30, 2023 8:22 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p | (910) 798-7838 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Simone Grace <sgrace309@gmail.com> Sent: Sunday, October 29, 2023 8:38 PM To: Roth, Rebekah <rroth@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello, I own a home within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you regarding the proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 29 21 Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you for your consideration. Sincerely, Simone Grace Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 30 22 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:14 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Martha Kennedy <marthalkennedy85@gmail.com> Sent: Monday, October 30, 2023 6:33 AM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Martha Kennedy. I live at 8219 Brays Drive within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning case. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 31 23 Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. “Community Connectivity” can be an appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 32 24 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:14 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Brittany King <brittanyking1@yahoo.com> Sent: Sunday, October 29, 2023 10:46 PM To: tck3873@yahoo.com Cc: petroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** NHC Planning & Land Use Staff Management and Planning Board members - Our names are Brittany and Thomas King. We live at 8227 Brays Dr. within the Porter’s Pointe Community, adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. We are contacting you to express our concerns with the subject proposed rezoning. The most significant concern we have is with the potential for vehicle traffic from the proposed community through our neighborhood. We have 3 young children and this poses a MAJOR concern for us because of their safety! They love to run and play in our yard and ride bikes around our community and we always feel safe with them doing so, but this would definitely change that!!! :( The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which we support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but we are concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 33 25 Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. We are also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. We see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, we support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. We sincerely hope you will consider our concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Brittany King 910-297-1863 Thomas King 910-431-3684 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 34 26 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:14 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Jim Buckingham <jim.buckingham@gmail.com> Sent: Sunday, October 29, 2023 10:12 PM To: petroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Cc: Kennedy, Al <spltatms@me.com>; HOA Homeowners <PortersPointe@googlegroups.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. Our names are James and Eleanor Buckingham. We live at 8255 Brays Dr. within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. We are contacting you to express our concerns with the subject proposed rezoning. The most significant concern we have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which we support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but we are concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. We are also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 35 27 corridors or sidewalks or plans for such. We see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, we support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. We sincerely hope you will consider our concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration.” -- Jim Buckingham jim.buckingham@gmail.com 252-646-2475 Ellie Buckingham ebuckingham@ec.rr.com 252-646-4060 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 36 28 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:13 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Simone Grace <sgrace309@gmail.com> Sent: Sunday, October 29, 2023 8:38 PM To: Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello, I own a home within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you regarding the proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 37 29 Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you for your consideration. Sincerely, Simone Grace Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 38 30 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:13 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 8100 Block Market Street Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Vicky Hutchins <vickyhutchins@rocketmail.com> Sent: Sunday, October 29, 2023 7:25 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 8100 Block Market Street ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Vicky Hutchins. I live at 8223 Brays Drive within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 Block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 39 31 Porters Neck Road is difficult at best with current traffic from our 58- home community alone. Lastly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street with the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Regards, Vicky Hutchins Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 40 32 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:13 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Susan Milholland <smilholland54@gmail.com> Sent: Sunday, October 29, 2023 4:57 PM To: cameron@wilmhba.org; cjtarrant14@gmail.com; hansen@mwmrealestate.com; hine@pbcdesignbuild.com; jclarkhipp@gmail.com; jpetroff@cldeng.com; Vafier, Ken <kvafier@nhcgov.com>; pavery@mckinleybuilding.com; Roth, Rebekah <rroth@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members: My name is Susan Milholland. I live at 353 Shackleford Dr, Wilmington NC 28411 within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 41 33 First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our privateroads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street with the condition that NO vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 42 34 Susan Milholland 980-621-4219 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 43 35 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:13 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: ****Urgent****Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Stephanie Guanzini <swg103@yahoo.com> Sent: Sunday, October 29, 2023 1:08 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; Roth, Rebekah <rroth@nhcgov.com>; hine@pbcdesignbuild.com; cameron@wilmhba.org; Vafier, Ken <kvafier@nhcgov.com> Cc: joanndaveg@yahoo.com Subject: ****Urgent****Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** “To NHC Planning & Land Use Staff Management and Planning Board members. My name is Joan and Dave Guanzini . I live at 360 Shakleford Drive within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I want you to think about your neighborhood. How would you feel if you had no control of how much traffic came onto your street all of a sudden everything changed overnight. Think about how much more traffic and noise would increase in your peaceful domain. How safe would you feel knowing 10x or 20x more cars, more strangers are driving by your kids and grandkids . As unknown strangers pass by them as they play safely in their quiet peaceful neighborhood. If that was your situation and a bunch of politicians took all of that away from you how would you feel? Not happy I am sure. I want you to think of us. We have a wonderful quiet neighborhood that is safe because it’s closed off to main road traffic. We bought this house for that very reason peace , quiet and safety. Our neighborhood would no long be quiet and no where near as safe if you allow this neighborhood to be invaded by another road. We will lose everything that makes this quiet community wonderful and quiet. Think about how you would feel and vote with your heart. I beg you! I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 44 36 First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. I have small children and we selected this neighborhood specifically to allow our children to play in a low traffic neighborhood. By allowing more traffic our neighborhood will no longer be quiet and not safe for children to ride their bikes on our private streets. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street with the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. Please think of the elderly that live in this neighborhood and our children’s safety . Increasing traffic will not be the right decision for this quiet wonderful neighborhood. Joan and Dave Guanzini 360 Hughes Circle Wilmington, NC 28411 (516) 729-7210 joanndaveg@yahoo.com Sent from my iPhone Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 45 37 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:13 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Proposed Rezoning Case Z23-21 8100 Block Market Street Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Debby Lamb <sisu1505@gmail.com> Sent: Sunday, October 29, 2023 12:13 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Proposed Rezoning Case Z23-21 8100 Block Market Street ** External Email: Do not click links, open attachments, or reply until you know it is safe ** NHC Planning & Land Use Staff Management and Planning Board Members, Our names are James and Debra Lamb and we reside at 8211 Brays Drive within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. We are contacting you to express our concerns with the subject proposed rezoning. The most significant concern we have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which we support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but we are concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. We are also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 46 38 corridors or sidewalks or plans for such. We see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, we support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. We expect you will concur with our concerns as you assess potential Planning Board Staff approval conditions for this application. Thank you in advance for your careful consideration. Sincerely, James and Debra Lamb 507-319-5341 (cell phone for James) Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 47 39 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:13 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: “Case Z23-21 Market Street To Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com -----Original Message----- From: kelly slider <slider.kelly@gmail.com> Sent: Sunday, October 29, 2023 11:20 AM To: jpetroff@cldeng.com; Cj Tarrant <cjtarrant14@gmail.com>; Hansen <hansen@mwmrealestate.com>; Pavery <pavery@mckinleybuilding.com>; Jclark <jclarkhipp@gmail.com>; Hine <hine@pbcdesignbuild.com>; Cameron <cameron@wilmhba.org>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: “Case Z23-21 Market Street To ** External Email: Do not click links, open attachments, or reply until you know it is safe ** NHC Planning and Land Use Staff, I live at 8203 Brays Drive, Lot 1, Porters Pointe neighborhood. Directly adjacent to the “tree farm”, described in subject rezoning case. When I purchased my property, I did a fair amount of research, and was assured that the land next to me was zoned R15, and would most like have houses similar to Porters Pointe. The land and additional parcels have been acquired and the subject rezoning request is pending. After many emails with the proposed developer of the “ townhome” project, I was leaning towards approval as I was assured: -the two neighborhoods would have buffers that would keep them separate -all traffic from residents in the town home project would be from Market Street, where developer would install infrastructure to create safe and efficient access -that the access from Brays Drive to the rezoned town home development, would be by emergency use vehicle only/or not at all. Sadly, after all these discussions, with the developer, I’ve heard that the NHC planning board is considering something completely different than what the developer “pitched” to Porters Pointe. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 48 40 Simply put, our little neighborhood would be negatively impacted by any connection to the proposed new development. Porters Pointe owners pay to maintain the private streets in the neighborhood, the streets would not stand up to traffic from 300+ more vehicles daily plus the construction vehicles. Trying to turn onto Porters Neck Road is challenging, at best. We have many cars pulling out of the Harris Teeter gas station, turning right, then pulling a U turn. There is significant traffic surrounding the school hours of the elementary school down the street and from all the neighborhoods that feed off of Porters Neck Road. The addition of traffic from the proposed townhome development IF access was allowed from Brays Drive, would be a traffic disaster. Additionally, allowing pedestrian traffic in Porters Pointe, from the proposed development serves no purpose. There are no sidewalks leading to restaurants or stores from Porters Neck Road. Creating pedestrian access between the two neighborhoods, would be pointless and create additional expenses for our small HOA, to maintain and protect our amenities. In summary, I am OPPOSED to the proposed rezoning if there is anything other than emergency access at Brays Dr/and if there is pedestrian path. I could be in favor of the rezoning, IF the two developments are kept separate and there is NO access from Brays Drive. Porters Pointe is a charming neighborhood, our sidewalks and front porches allow us to enjoy what we all love about living in coastal North Carolina. As residents of Porters Pointe, we wish to keep the charm that attracted us to the neighborhood. If you watch college football, there is a good chance, you’ve seen our neighborhood, as the Twisted Tea commercial that is aired frequently was filmed here last year. While is growth surrounds us all, please allow us to keep the quality and community we have created in Porters Pointe. Please reach out by text or email, with questions or for additional insights. Sincerely, Kelly 919/272-0408 Sent from my iPhone Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 49 41 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:12 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 8100 block Market Street. Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Susan Hoffmann <dsh1087@msn.com> Sent: Sunday, October 29, 2023 10:58 AM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 8100 block Market Street. ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Detlef Hoffmann. I live at 349 Shackleford Drive Wilmington, within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re- Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 50 42 surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 51 43 Detlef Hoffmann Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 52 44 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:12 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: PORTER’S POINTE CONCERNS Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Bill Milholland <bilmington53@gmail.com> Sent: Saturday, October 28, 2023 7:04 PM To: jpetroff@cldeng.com Subject: PORTER’S POINTE CONCERNS ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members: My name is Bill Milholland. I live at 353 Shackleford Dr. within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I serve as the VP of our HOA. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private, maintained by our HOA and not NCDOT. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 53 45 resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles atte mpt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58- home community alone. I have had to wait as long as 5-6 minutes just to turn on to Porters Neck Road. I cannot imagine having to wait while 8-10 other vehicles are trying to do the same. I am also curious about allowing a new development that is nearly 4 times larger than an existing neighborhood begin using the roads of the old neighborhood. Has the Planning Board ever allowed that before? Does it seem fair to force the existing neighborhood to absorb all the increased traffic? The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. I certainly think that is a much more reasonable approach to this questions, and I support their plan. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street WITH THE CONDITION THAT NO VEHICULAR OR PEDESTRIAN TRAFFIC BE PERMITTED THROUGH OUR COMMUNITY. The sole exception would be for emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 54 46 approval conditions for this application. Please feel free to contact me if you would like to discuss this further. Thank you in advance for your consideration. Bill Milholland 980.621.4218 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 55 47 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:12 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: tracey altman <traceyaltman66@gmail.com> Sent: Saturday, October 28, 2023 5:40 PM To: cjtarrant14@gmail.com; jclarkhipp@gmail.com; pavery@mckinleybuilding.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; hansen@mwmrealestate.com; jpetroff@cldeng.com Subject: Case Z23-21 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** “To NHC Planning & Land Use Staff Management and Planning Board members. My name is Tracey Altman and I live at 319 Hughes Circle within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 56 48 significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. Tracey A Altman 972-400-7193 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 57 49 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:11 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: magshadow@aol.com <magshadow@aol.com> Sent: Saturday, October 28, 2023 2:48 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. Our names are Mark and Lori Green. We live at 8251 Brays Drive within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. We am contacting you to express our concerns with the subject proposed rezoning. The most significant concern we have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which we support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but we am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. We are also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. We see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 58 50 In summary, we support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. We sincerely hope you will consider our concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Mark and Lori Green 570.239.8281 570.262.0785 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 59 51 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:11 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Lily Salisbury <misslilymagnolia@gmail.com> Sent: Saturday, October 28, 2023 1:31 PM To: Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Lily Salisbury. I reside at 377 Shackleford Drive within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I strenuously oppose rezoning of the site that formerly operated as a farm/nursery and landscaping business. I am not knowledgeable in zoning specifics, but it is my understanding that current zoning is for single family homes. I support maintenance of its current zoning. 377 Shackleford Drive abuts Porter’s Pointe HOA common property including the retention pond. This HOA common property borders the 33 acre parcel, i.e., Case Z23-21. I vehemently oppose the requested rezoning to moderate high density multifamily. I believe that 348 two and three story townhomes plopped into the middle of three single family home developments will precipitate the ruination of those existing neighborhoods, especially Porter’s Pointe. Reasons for my opposition to the Paramounte/CIP proposal include, but are not limited to: a. Noise pollution. Townhomes, especially the extraordinary number proposed, will create an enormous increase in vehicular noise, with the clangor of garbage trucks and weekly garbage collection. How disturbing the battery of air conditioners running 24/7 some 60-150’ from the HOA property boundary! We only have the developer’s word that they will double the required setback of 30’. No matter the type of buffer the developer installs, the peaceful quality of life now enjoyed by neighboring developments will be destroyed. b. Degradation of air quality to the environs. Currently Porter’s Pointe enjoys a lower level daily AQI than more Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 60 52 densely populated zip codes within New Hanover County. At the developer’s “community meeting”, representative Craig stated that Paramount/CIP will “clear cut” the parcel in advance of construction. Single family home developers would at least plant vegetation like Crepe Myrtles. Please consider the enormous amount of air pollution generated by the vehicles of 348 units when making your decision. Proposed “Market Street Townhomes” design offers a pitiable amount of trees to combat vehicular and household emissions. c. Undisputed diminution of home values of surrounding single family neighborhoods: Marsh Oaks, Porters Crossing, Porter’s Pointe. This will particularly impact Porter’s Pointe should Bray’s Drive be accessible to the townhome development’s vehicular and pedestrian traffic. d. Decreased greenery - lawns, landscaping, trees - when compared to single family home developments. This has detrimental impact on wildlife, particularly birds which are currently abundant. Increased paving of roads and parking areas will lead to more problematic storm drainage, already an issue in New Hanover County. Porter’s Pointe roads and properties suffered storm drainage issues during Hurricane Florence and its aftermath. e. Light pollution. Yes, single family home developments bring streetlights as well as interior and exterior lights of the individual homes. From two and three story townhomes an increased number of lights from extremely high elevations are the source of never ending harm to established neighboring developments. I urgently ask that you turn down the rezoning request Case Z23-21 8100 block Market Street. I believe the proposed development will destroy the existing quality of life in Porter’s Pointe neighborhood. Should you approve the rezoning request, please require reduction of the number of units, particularly those close to Shackleford Drive. Further, should you approve rezoning to multifamily moderate high density, allow ONLY emergency access to Bray’s Drive in Porter’s Pointe neighborhood. Thank you in advance for your consideration. Lily Salisbury 377 Shackleford Drive Wilmington 28411 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 61 53 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:11 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 8100 block Market Street Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Silvia Audi <saaudi500@gmail.com> Sent: Saturday, October 28, 2023 11:47 AM To: cameron@wilmhba.org; cjtarrant14@gmail.com; hansen@memrealestate.com; hine@pbcdesignbuild.com; jclarkhipp@gmail.com; jpetroff@cldeng.com; Vafier, Ken <kvafier@nhcgov.com>; pavery@mckinleybuilding.com; Roth, Rebekah <rroth@nhcgov.com> Subject: Fwd: Case Z23-21 8100 block Market Street ** External Email: Do not click links, open attachments, or reply until you know it is safe ** After further consideration I wanted to additional add that the original proposal shows Rezoning for Individual Homes not townhouses. Having said that this would allow for more room to commute around the already congested area and possibly keep the value of my retirement home which I will need as I age and need care. But it appears that the Almighty Dollar is in play with your plans. I hate that you are killing my sweet trees behind my house that I have enjoyed so much. Not that you care but it breaks my heart. Respectfully, Silvia Audi 373 Shackleford Drive ---------- Forwarded message --------- From: Silvia Audi <saaudi500@gmail.com> Date: Fri, Oct 27, 2023 at 6:34 PM Subject: Case Z23-21 8100 block Market Street To: cjtarrant14@gmail.com <cjtarrant14@gmail.com> To NHC Planning & Land Use Staff Management and Planning Board members. My name is Silvia Audi I live at 373 Shackleford Dr, Wilmington, NC 28411 within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 62 54 through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our privateroads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street Withthe condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Silvia Audi 373 Shackleford Drive Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 63 55 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:10 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Genia Keen <nitetink@gmail.com> Sent: Saturday, October 28, 2023 10:06 AM To: Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Genia Keen. I live at 369 Shackleford Drive within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 64 56 community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street Withthe condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration.” Genia Keen Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 65 57 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:10 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 8100 Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Billy or Mary Ann Manger <bmangericm@gmail.com> Sent: Saturday, October 28, 2023 8:03 AM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 8100 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Billy & Mary Ann Manger. We live at 327 Hughes Circle within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 66 58 communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration.” Billy Manger 910-617-6224 Sent from Mail for Windows Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 67 59 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:10 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Debbie Manrique <dmanriq@aol.com> Sent: Saturday, October 28, 2023 7:50 AM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; Roth, Rebekah <rroth@nhcgov.com>; hine@pbcdesignbuild.com; jclarkhipp@gmail.com; Vafier, Ken <kvafier@nhcgov.com>; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; cameron@wilmhba.org Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Debra Manrique, I live at 8215 Brays Drive, within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly c ause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58- home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 68 60 The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans f or such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Debbie Manrique 8215 Brays Dr Wilmington, NC, 28411 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 69 61 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:10 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: ****Urgent****Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Stephanie Guanzini <swguanzini@gmail.com> Sent: Friday, October 27, 2023 9:33 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; Roth, Rebekah <rroth@nhcgov.com>; hine@pbcdesignbuild.com; cameron@wilmhba.org; Vafier, Ken <kvafier@nhcgov.com> Subject: ****Urgent****Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** “To NHC Planning & Land Use Staff Management and Planning Board members. My name is Stephanie and David Guanzini . I live at 323 Hughes Circle within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I want you to think about your neighborhood. How would you feel if you had no control of how much traffic came onto your street all of a sudden everything changed overnight. Think about how much more traffic and noise would increase in your peaceful domain. How safe would you feel knowing 10x or 20x more cars, more strangers are driving by your kids and grandkids . As unknown strangers pass by them as they play safely in their quiet peaceful neighborhood. Imahi e if that was situation and a bunch of politi cians took all of that away from you. I want you to think of us. We have a wonderful quiet neighborhood that is safe because it’s closed off to main road traffic. We bought this house for that very reason peace , quiet and safety. Our neighborhood would no long be quiet and no where near as safe if you allow this neighborhood to be invaded by another road. We will lose everything that makes this quiet community. Think about how you would feel and vote with your heart. I beg you! I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 70 62 construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. I have small children and we selected this neighborhood specifically to allow our children to play in a low traffic neighborhood. By allowing more traffic our neighborhood will no longer be quiet and not safe for children to ride their bikes on our private streets. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street with the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. Please think of the elderly that live in this neighborhood and our children’s safety . Increasing traffic will not be the right decision for this quiet wonderful neighborhood. Stephanie and David Guanzini 323 Hughes Circle Wilmington, NC 28411 910-279-0494 Swguanzini@gmail.com Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 71 63 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:10 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Mark Hondros <mahondros@yahoo.com> Sent: Friday, October 27, 2023 6:56 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Mark Hondros. I live at 345 Shackleford Drive within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. However, I would have questions on how this would be monitored and/or policed. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 72 64 In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 73 65 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:09 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 8100 block Market Street Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Silvia Audi <saaudi500@gmail.com> Sent: Friday, October 27, 2023 6:26 PM To: Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 8100 block Market Street ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Silvia Audi I live at 373 Shackleford Dr, Wilmington, NC 28411 within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our privateroads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 74 66 Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street Withthe condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Silvia Audi 373 Shackleford Drive Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 75 67 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:09 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Gail Lawrence <gaillawrence@att.net> Sent: Friday, October 27, 2023 5:47 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Gail Lawrence. I live at 331 Hughes Circle within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 76 68 In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 77 69 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:09 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Donald Variot <don.variot@gmail.com> Sent: Friday, October 27, 2023 5:15 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** “To NHC Planning & Land Use Staff Management and Planning Board members. My name is Donald Variot. I live at 307 Hughes Cir, Wilmington NC 28411.within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privatelymaintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 78 70 resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration.” Donald Variot 757-373-5902 Sent from my iPhone Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 79 71 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:09 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Wanda Variot <wanda.b.variot@gmail.com> Sent: Friday, October 27, 2023 5:04 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is _Wanda Variot__. I live at ____307 Hughes Circle_____ within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 80 72 Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Wanda Variot 757-373-5902 Sent from my iPad Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 81 73 Farrell, Robert From:Vafier, Ken Sent:Monday, October 30, 2023 8:09 AM To:Farrell, Robert; Dickerson, Zachary Subject:FW: “Case Z23-21 Market Street Townhomes Ken Vafier Planning Manager New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7281 p | (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: chris dudley <cdudley228@gmail.com> Sent: Friday, October 27, 2023 4:50 PM To: jpetroff@cldeng.com; hansen@mwmrealestate.com; cjtarrant14@gmail.com; jclarkhipp@gmail.com; pavery@mckinleybuilding.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: “Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To NHC Planning & Land Use Staff Management and Planning Board members. My name is Christopher Dudley. I live at 305 Shackleford dr. within the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express my concerns with the subject proposed rezoning. The most significant concern I have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which I support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but I am concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. I am also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 82 74 communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, I support the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider my concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration.” Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 83 75 Farrell, Robert From:Roth, Rebekah Sent:Friday, October 27, 2023 4:17 PM To:Farrell, Robert; Dickerson, Zachary Cc:Richards, Karen; Loeper, Jessica Subject:FW: Case Z23-21 Market Street Townhomes Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p | (910) 798-7838 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Albert Kennedy <spltatms@me.com> Sent: Friday, October 27, 2023 4:14 PM To: jpetroff@cldeng.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; pavery@mckinleybuilding.com; jclarkhipp@gmail.com; hine@pbcdesignbuild.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Case Z23-21 Market Street Townhomes ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To: NHC Planning & Land Use Staff Management and Planning Board members. My name is Al Kennedy. I am the President of the Homeowners Association for the Porter’s Pointe Community adjacent to the proposed rezoning of residential and commercial properties, Case Z23-21 8100 block Market Street. I am contacting you to express our HOA Board concerns with the subject proposed rezoning. The most significant concern we have is with the potential for vehicle traffic from the proposed community through our neighborhood. The developer has admirably submitted an application that limits vehicular traffic through our community to “Emergency Use Only”, which we support. The Planning Board Staff has yet to post their recommendations and conditions for the proposed rezoning application, but we are concerned the staff may recommend that the proposed “Emergency Use Only” access point from the development to Brays Drive be open for public vehicular traffic and pedestrian connectivity. First, our community roads are private and not maintained by NCDOT. They are privately maintained by our HOA. A large portion of our HOA budget is for the repairs and periodic re-surfacing of our roads. The increased initial heavy construction and eventual continuous residential traffic would undoubtedly cause significant wear and tear of our private roads, thus creating an undue financial burden on our HOA. Secondly, the initial construction heavy equipment traffic and subsequent resident traffic would pose a substantial increased safety risk within our community to our homeowners and their children. This significant increase in traffic would most certainly cause additional safety concerns as construction and resident vehicles attempt to exit our community onto Porters Neck Road. Making a left-hand turn exiting our community onto Porters Neck Road is difficult at best with current traffic from our 58-home community alone. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 84 76 Lastly, and most importantly, allowing the increased traffic through our neighborhood would undoubtedly negatively impact our entire community’s property values. The developer has expended significant resources, both in acquiring additional properties and commissioning approved traffic studies to avoid adverse impacts to our community. We support their plan. Our HOA Board is also concerned with the potential for pedestrian traffic. There is no reasonable purpose for connecting pedestrian traffic between our communities since our community exits to Porters Neck Road which has no pedestrian corridors or sidewalks or plans for such. I see absolutely no advantage to promoting pedestrian traffic between the two communities. Requiring a condition for the application of pedestrian connectivity between this development and our community would simply encourage loitering and/or unauthorized use of our private amenities. “Community Connectivity” can be a novel and appropriate concept in certain situations, but not in this case. In summary, the Porter’s Pointe HOA Board unanimously supports the Rezoning Request for 8138 Market Street With the condition that No vehicular or pedestrian traffic be permitted through our community with the exception of emergency vehicles. I sincerely hope you will consider our concerns as you consider potential Planning Board Staff approval conditions for this application. Thank you in advance for your consideration. Al Kennedy 910.622.0049 Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 85 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Friday, November 24, 2023 8:51 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7547 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 Amy Last Name Barnett Address 213 Island Creek Dr City Wilmington State NC Zip Code 28411 Email ascjam1962@gmail.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment This has to stop, we don’t have to ruin more land or create housing for the entire country. Have respect for this county/ city, and give the citizens of Wilmington some respect and empathy. The developers at most are not from Wilmington, they don’t care, they just want to keep building because there is never a rezoning request you don’t turn down. I am saddened that our local governments are entrepreneurs, realtors and developers. Only 2 I know of that fight for the citizens are Spears and Barnett. A preacher and a regular guy. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 86 2 If you keep building your townhomes ,apartments, and communities like that mess on 417 there won’t be any room for schools, that we need ,and intelligent infrastructure. Y’all need to take a helicopter ride to look at this greedy mess you have created.i think all this doesn’t bother you because you already live in your posh environments. Why is it this way. I hav no problem with growth but this is growth on steroids with no thought of tomorrow. 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 - December 11, 2023 ITEM: 16- 14 - 87 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Saturday, November 25, 2023 2:19 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7562 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 Andrew Last Name Schildwachter Address 8826 Tilbury Drive City Wilmington State NC Zip Code 28411 Email drewschildwachter@gmail.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment Wilmington, NC is an increasingly popular place for people fleeing less pleasant locales elsewhere. I understand the county's desire to capitalize upon this potential for commerce and revenue, but also urge the county to consider that the appeal is not invincible and we should take steps to ensure Wilmington remains an attractive place to live for residents and potential residents. (1) Enrollment at Porter's Neck Elementary has grown by 5% Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 88 2 over the last five years and, based upon kindergarten enrollment, this is already projected to double. The outcome, without further development, is a 25% penalty against student/teacher ratios. Further development will only exacerbate this problem. (2) The county has already acknowledged traffic issues in creating the Military Cutoff bypass (which was planned many years ago). Work now in Ogden is only underway. Further development will only continue to overburden the traffic situation in Ogden in Porter's Neck. Will the county wait another 15 years to address this continually burgeoning problem? 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 - December 11, 2023 ITEM: 16- 14 - 89 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Sunday, November 26, 2023 3:34 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7573 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 Anthony Last Name Tucker Address 8597 Galloway National Dr City Wilmington State NC Zip Code 28411 Email anthonytuckermd@gmail.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment I am in opposition to this project, due to the fact that there is an adequate road infrastructure for the current population of individuals that live in the Porters Neck area. Prior to any additional housing or commercial development in this area there needs to be a plan to widen Market Street in order to allow for the safe transit of residents through this area. I would recommend building additional housing in areas with less traffic and away from this major corridor. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 90 2 Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. 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 - December 11, 2023 ITEM: 16- 14 - 91 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Sunday, November 26, 2023 9:18 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7567 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 Avery Last Name Bankston Address 495 sugar cove run City Wilmington State North Carolina Zip Code 28411 Email Averynicole1@gmail.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment Our schools and roads are already overcrowded, we cannot add anymore housing until we add more schools Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 92 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Friday, November 24, 2023 3:25 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7552 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 Danny Last Name Hecht Address 8940 Cobble Ridge Drive City Wilmington State NC Zip Code 28411 Email Field not completed. Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment There are more than enough apartment complexes. Our infrastructure and roads cannot support any further residential development without being addressed first. Traffic on Market Street is horrific even with the Military Cutoff extension. Next to no Wilmington residents would approve any further housing developments. Upload supporting files Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 93 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Friday, November 24, 2023 3:53 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7553 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 Gregory Last Name Stone Address 1350 Village Cove Court. #104 City Wilmington State NC Zip Code 28411 Email Ghstone99@gmail.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment The NHC Planning Board expressed serious concern with this project and only approved the project via a vote of 4-2. In fact, the Planning Board member that made the motion for project approval, spent considerable time noting issues that he had and suggested that changes to the proposal may be warranted. There is disagreement between the NC-DOT and the project development team relative to a proposed exit; plan notes emergency exit only whereas DOT says exit needs to be a Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 94 2 through street. There is a huge difference between these two approaches and I hope is enough for you to at least delay project approval until this item can be effectively resolved. Other concerns for this project relate to the number of residential units planned vs the total acreage of the space, and the difficulty in going south on Market Street when exiting the planned complex. I believe the project plan, as documented, ishould not be approved by the Commissioners 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 - December 11, 2023 ITEM: 16- 14 - 95 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Friday, November 24, 2023 1:36 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7549 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 Jennifer Last Name Richardson Address 1240 Pandion drive City Wilmington State Nc Zip Code 28411 Email Jrichardson@bhhscpp.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment Please reconsider this development. We need more green space in 28411. Our roads and schools as well as medical are already packed out. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 96 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Saturday, November 25, 2023 6:19 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7564 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Michael Last Name Questell Address 8819 Fazio Dr City Wilmington State NC Zip Code 28411 Email fpdoctor53@me.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment Traffic is already a nightmare in this part of Market Street. Quality of life has deteriorated in just the three years since we moved here. When is enough enough? The infrastructure cannot keep up with this unbridled growth. Upload supporting files Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 97 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Friday, November 24, 2023 10:04 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7556 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 Mike Last Name Rogers Address 1264 Pandion Drive City Wilmington State NC Zip Code 28411 Email Teamrogers@hotmail.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment Traffic and pedestrian unfriendly. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 98 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Friday, November 24, 2023 8:42 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7554 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 Paula Last Name Hayes Address 1218 Verandah Way City Wilmington State NC Zip Code 28411 Email dealsoncameras@aol.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment This area is OVER BUILT. No More High Density Housing in Porters Neck Please. Traffic is horrible. Traffic backs up, blocking Edgewater Club into Porters Neck Road every day from the new elementary in the mornings and afternoons. The Infrastructure cannot effectively support more mass housing! What is wrong with green space and trees that help offset flooding. Please vote No. Upload supporting files Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 99 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Sunday, November 26, 2023 6:36 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7565 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 Russell Last Name Parker Address 6940 Runningbrook Terrace City Wilmington State NC Zip Code 28411 Email russellworthparker@icloud.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment Market Street is already a nightmare. How many more residential units are we going to pack into that corridor? What is the plan for traffic abatement? There is nowhere for these proposed residents to go except onto Market, exacerbating what is already a traffic snarl that belongs in cities far larger than Wilmington. Upload supporting files Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 100 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Sunday, November 26, 2023 6:10 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7577 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 William Last Name Nesbitt Address 7411 RICHFIELD CT City wilmington State NC Zip Code 28411 Email Slcabinets@aol.com Projects available for comment. BOC Meeting - Z23-21 - Residential Development - 8138 Market St What is the nature of your comment? Oppose project Public Comment I am all in favor of private property rights but when you buy property you should know what the zoning is & trying change zoning to cram more housing in when the area is overloaded with multifamily & the area infrastructure has not caught up with it is poor planning. The zoning changes that have occurred on the northeast side of the county have shown that the zoning board & county commissioners have little concern for the quality of life on our end of town. We have the smallest county in the state & We do not want to turn the county into a "big Board of Commissioners - December 11, 2023 ITEM: 16- 14 - 101 2 city". Please consider quality of life & local infrastructure before passing any other zoning changes. Maybe the zoning board & county commissioners should live up hear for a couple of weeks before cramming more High Density in on us. I have somewhere for you to stay, come on up & drive, walk, bike a spell before making your decision, then maybe you will come to the right one. Leave the zoning AS IS! Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. 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 - December 11, 2023 ITEM: 16- 14 - 102 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 12/11/2023 Regular D E PA R T M E N T: Governing B ody P R E S E N T E R(S ): C hair B ill R ivenbark C O N TA C T (S ): Kym C rowell, C lerk to the B oa rd S U B J EC T: C ommi#ee A ppointments B R I E F S U M M A RY: Vacancies exist o n the following boards and commiees: N ew Hano ver C o unty C ommission on Africa n America n Histo ry, Heritage, and C ulture N ew Hano ver C o unty Hispanic/L a'no C o mmissio n N ew Hano ver C o unty N ursing Home C ommunity Adviso ry C ommiee N ew Hano ver C o unty Tourism D evelopment Authority S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effec've County Management I ncreas e transparency and aw ar enes s about county ac'ons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Make appointments. AT TA C H M E N T S : Descrip'on New Hanover County Commission on African American History, Heritage, and Culture New Hanover County Hispanic/Latino Commission New Hanover County Nursing Home Community Advisory Committee New Hanover County Tourism Development Authority C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) C O M M I S S I O N E R S ' A C T I O N S : Board of Commissioners - December 11, 2023 ITEM: 17 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 1 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 2 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 3 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 4 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 5 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 6 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 7 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 8 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 9 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 10 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 11 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 12 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 13 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 14 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 15 Board of Commissioners - December 11, 2023 ITEM: 17- 1 - 16 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 1 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 2 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 3 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 4 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 5 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 6 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 7 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 8 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 9 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 10 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 11 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 12 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 13 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 14 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 15 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 16 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 17 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 18 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 19 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 20 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 21 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 22 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 23 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 24 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 25 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 26 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 27 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 28 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 29 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 30 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 31 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 32 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 33 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 34 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 35 Board of Commissioners - December 11, 2023 ITEM: 17- 2 - 36 Board of Commissioners - December 11, 2023 ITEM: 17- 3 - 1 Board of Commissioners - December 11, 2023 ITEM: 17- 3 - 2 Board of Commissioners - December 11, 2023 ITEM: 17- 3 - 3 Board of Commissioners - December 11, 2023 ITEM: 17- 3 - 4 Board of Commissioners - December 11, 2023 ITEM: 17- 3 - 5 Board of Commissioners - December 11, 2023 ITEM: 17- 3 - 6 Board of Commissioners - December 11, 2023 ITEM: 17- 3 - 7 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 1 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 2 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 3 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 4 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 5 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 6 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 7 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 8 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 9 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 10 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 11 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 12 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 13 Board of Commissioners - December 11, 2023 ITEM: 17- 4 - 14