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Agenda 01-08-2024NEW 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 JANUARY 8, 2024 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 John Haynes, Greater Love Chapel Church) PLEDGE OF ALLEGIANCE (Vice -Chair LeAnn Pierce) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of New Hanover County Monthly Collection Report for November 2023 3. Second Reading: Approval of Solid Waste Franchise Agreement for Luuver LLC DBA MobileDumps 4. Adoption of Resolution Authorizing PFAS Litigation 5. Meeting Approval of Request from Town of Kure Beach to enter into an Interlocal Agreement for Expanded Inspection Services *NOTE: During the January 4, 2024 Board of Commissioner Agenda Review meeting, it was requested to remove this agenda item from the January 8, 2024 Board of Commissioners meeting because the extended Kure Beach inspection services agreement was no longer needed. Approval of Colby & Mincey PLLC, Request for Refund of Deed Excise Tax ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 7. Presentation of the Audit Report for the Fiscal Year Ended June 30, 2023 15 8. New Hanover Community Endowment Update 10 9. Request from Blue Ridge Atlantic Development to make Better Homes for North Carolina the Payee for their Workforce Housing Services Program Award FY 23-24 45 10. Public Hearing Rezoning Request (Z23-21) — Request by Ronald Carlock with Cl P Construction Board of Commissioners - January 8, 2024 Company, applicant, to rezone approximately 33.54 acres zoned R-15, Residential, B-2, Highway Commercial, and 1-1, Light Industrial located at8138 Market Street to (CZD) RMF-M, Residential Multi -Family Moderate High Density for a maximum 348 single family attached dwelling units Note: This item was continued during the December 11, 2023 meeting to the January 8th, 2024 meeting 45 11. Public Hearing Rezoning Request (Z23-22) - Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.0 acres of a 7.8 acre parcel zoned R-20, Residential, located at 4224 Castle Hayne Road to (CZD) B-2, Regional Business for a Contractor Office 45 12. Public Hearing Text Amendment Request (TA23-05) — Request by New Hanover County Planning & Land Use to amend Section 5.4 and Appendix 1 of the Unified Development Ordinance related to landscape bonds and plat certificates 45 13. Public Hearing Text Amendment Request (TA23-03) - Request by New Hanover County Planning & Land Use to amend Articles 2 and 5 of the Unified Development Ordinance to incorporate standards for electric vehicle charging stations 5 14. *NOTE: This matter has been moved to the consent agenda of the January 8, 2024 meeting based on the general consensus of the Board of Commissioners during the January 4, 2024 agenda review meeting. Consideration of Appointments of County Commissioners to Various Boards and Committees for 2024 PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 5 15. Additional Items: County Manager County Commissioners Clerk to the Board County Attorney 16. 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 Board of Commissioners - January 8, 2024 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 - January 8, 2024 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 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: Agenda Review held on December 7, 2023 Closed Session held on December 7, 2023 Regular Meeting held on December 11, 2023 STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved minutes 5-0. Board of Commissioners - January 8, 2024 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SU BJ ECT: Approval of New Hanover County Monthly Collection Report for November 2023 BRIEF SUMMARY: N CGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. The report for November 2023 in comparison to November 2022 is as follows: New Hanover County November 2023 November 2022 Real Property 56.49% 56.48% Personal Property 32.26% 26.64% Motor Vehicle 100.00% 100.00% Overall Collection Rate 55.95% 55.64% Total Collected YTD $116,755,932.74 $112,335,402.70 New Hanover County Debt Service November 2023 November 2022 Real Property 56.41% 56.33% Personal Property 32.01% 26.65% Motor Vehicle 100.00% 100.00% Overall Collection Rate 56.06% 55.71% Total Collected YTD $6,628,130.16 $8,592,752.13 Grand Total Collected YTD $123,384,062.90 $120,928,154.83 New Hanover County Fire District November 2023 November 2022 Real Property 64.25% 64.00% Personal Property 34.73% 26.69% Motor Vehicle 100.00% 100.00% Overall Collection Rate 63.13% 62.22% Total Collected YTD $8,570,793.13 $8,246,652.84 STRATEGIC PLAN ALIGNMENT: Good Governance o Strong Financial Performance ■ Proactively manage the county budget Board of Commissioners - January 8, 2024 ITEM: 2 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanover County Monthly Collection Report for No\ember 2023 New Hano\er County Debt Service Monthly Collection Report for Nowmber 2023 New Hanover County Fire District Monthly Collection Report for Nowmber 2023 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 8, 2024 ITEM: 2 New Hanover County Monthly Collection Report for November 2023 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 188,244,905.22 $ 14,948,821.75 $ 5,653,534.39 $ 208,847,261.36 Abatements $ (145,212.16) $ (203,225.88) $ $ (348,438.04) Adjustments $ 58,434.63 $ 20,256.12 $ $ 78,690.75 Total Taxes Charged $ 188,158,127.69 $ 14,765,851.99 $ 5,653,534.39 $ 208,577,514.07 Collections to Date $ 106,462,811.39 $ 4,779,062.94 $ 5,653,534.39 $ 116,895,408.72 *Refunds $ 172,777.75 $ 17,310.31 $ $ 190,088.06 Write-off $ 109.56 $ 1,573.70 $ $ 1,683.26 Outstanding Balance $ 81,867,984.49 $ 10,002,525.66 $ $ 91,870,510.15 Collection Percentage 56.49 32.26 100.00 55.95 YTD Interest Collected $ 2,386.28 $ - $ 48,225.80 $ 50,612.08 Total 2023-2024 Collections YTD $ 116,755,932.74 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined $ 1,518,383.70 $ 4,309,089.93 $ 116,471.59 $ 5,943,945.22 Scroll Abatements $ (16,952.77) $ (344,483.99) $ - $ (361,436.76) Adjustments $ 5,718.81 $ - $ - $ 5,718.81 Total Levy $ 1,507,149.74 $ 3,964,605.94 $ 116,471.59 $ 5,588,227.27 Collections to Date $ 280,019.69 $ 44,323.43 $ 95.68 $ 324,438.80 *Refunds $ 88,383.92 $ 283,881.60 $ - $ 372,265.52 Write-off $ 20,699.35 $ 400,330.96 $ - $ 421,030.31 Outstanding Balance $ 1,294,814.62 $ 3,803,833.15 $ 116,375.91 $ 6,057,084.33 YTD Interest Collected $ 42,323.62 $ 18,999.08 $ 157.17 $ 61,479.87 Total Prior Year Collections YTD 13,653.15 Grand Total All Collections YTD $ 116,769,585.89 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 8, 2024 ITEM: 2 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for November 2023 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 10,605,068.55 $ 851,908.85 $ 375,357.34 $ 11,832,334.74 Abatements $ (8,180.92) $ (11,449.57) $ - $ (19,630.49) Adjustments $ 3,292.10 $ 1,141.16 $ - $ 4,433.26 Total Taxes Charged $ 10,600,179.73 $ 841,600.44 $ 375,357.34 $ 11,817,137.51 Collections to Date $ 5,979,548.36 $ 269,395.29 $ 375,357.34 $ 6,624,300.99 *Refunds $ 58.94 $ 83.14 $ 142.08 Write-off $ 9.24 $ 91.31 $ 100.55 Outstanding Balance $ 4,620,681.07 $ 572,196.98 $ - $ 5,192,878.05 Collection Percentage 56.41 32.01 100.00 56.06 YTD Interest Collected $ 264.79 $ - $ 3,706.46 $ 3,971.25 Total 2023-2024 Collections YTD $ 6,628,130.16 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) $ (44,297.34) $ (45,523.57) Adjustments $ 514.04 $ - $ 514.04 Total Levy $ 142,326.99 $ 307,290.87 $ - $ 449,617.86 Collections to Date $ 23,857.76 $ (4,502.45) $ - $ 19,355.31 *Refunds $ 4,350.34 $ 29,217.39 $ - $ 33,567.73 Write-off $ 2.29 $ 9.57 $ - $ 11.86 Outstanding Balance $ 122,817.28 $ 341,001.14 $ - $ 463,842.14 YTD Interest Collected $ 3,734.67 $ 1,874.83 $ - $ 5,609.50 Total Prior Year Collections YTD $ (8,602.92) Grand Total All Collections YTD $ 6,619,527.24 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 8, 2024 ITEM: 2 - 2 - 1 New Hanover County Fire District Monthly Collection Report for November 2023 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 12,023,435.12 $ 1,095,182.33 $ 467,361.97 $ 13,585,979.42 Abatements $ (3,652.84) $ (14,183.87) $ (17,836.71) Adjustments $ 982.97 $ 1,366.20 $ 2,349.17 Total Taxes Charged $ 12,020,765.25 $ 1,082,364.66 $ 467,361.97 $ 13,570,491.88 Collections to Date $ 7,723,699.01 $ 375,833.68 $ 467,361.97 $ 8,566,894.66 *Refunds $ 4.16 $ 54.57 $ 58.73 Write-off $ 20.22 $ 168.28 $ 188.50 Outstanding Balance $ 4,297,050.18 $ 706,417.27 $ - $ 5,003,467.45 Collection Percentage 64.25 34.73 100.00 63.13 YTD Interest Collected $ 114.19 $ - $ 3,843.01 $ 3,957.20 Total 2023-2024 Collections YTD $ 8,570,793.13 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined Scroll $ 120,022.91 $ 231,475.46 $ 7,288.27 $ 358,786.64 Abatements $ - $ (50,609.29) $ - $ (50,609.29) Adjustments $ 723.12 $ - $ 723.12 Total Levy $ 120,746.03 $ 180,866.17 $ 7,288.27 $ 308,900.47 Collections to Date $ 23,770.77 $ (3,928.47) $ - $ 19,842.30 *Refunds $ 428.88 $ 41,177.84 $ - $ 41,606.72 Write-off $ 1,126.59 $ 22,339.48 $ - $ 23,466.07 Outstanding Balance $ 96,277.55 $ 203,633.00 $ 7,288.27 $ 354,130.96 YTD Interest Collected $ 3,297.87 $ 961.54 $ - $ 4,259.41 Total Prior Year Collections YTD 24,101.71 Grand Total All Collections YTD $ 8,594,894.84 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 8, 2024 ITEM: 2 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 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: Second Reading: Approval of Solid Waste Franchise Agreement 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 24 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: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring in outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Solid Waste Franchise Agreement Supporting Document COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend award approval. Board of Commissioners - January 8, 2024 ITEM: 3 COMMISSIONERS' ACTIONS: Approved award 5-0. Board of Commissioners - January 8, 2024 ITEM: 3 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 - January 8, 2024 ITEM: 3 - 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 - January 8, 2024 ITEM: 3 - 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 - January 8, 2024 ITEM: 3 - 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 - January 8, 2024 ITEM: 3 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Consent DEPARTMENT: County Attorney PRESENTER(S): Jordan Smith, County Attorney CONTACT(S): Jordan Smith SUBJECT: Adoption of Resolution Authorizing PFAS Litigation BRIEF SUMMARY: The attached resolution would authorize legal proceedings against responsible parties for the manufacture, distribution, or discharge of per -and polyfluoroalkyl substances (PFAS) also known as "forever chemicals," such as perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) and designates specific law firms to serve as the County's legal counsel in this matter. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted 5-0. Board of Commissioners - January 8, 2024 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING PFAS LITIGATION WHEREAS, New Hanover County (the "County") has the authority to sue pursuant to North Carolina General Statute Section 153A-11; and WHEREAS, the New Hanover County Board of Commissioners (the "Board of Commissioners") serves as the governing body of the County and has determined it is appropriate to sue ascertained responsible parties for the manufacturing, distribution, or discharge of materials containing per- and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," such as perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), which have resulted in the contamination to groundwater, well water, and soils of properties owned or leased by the County. NOW THEREFORE, BE IT RESOLVED, that the Board of Commissioners hereby authorizes the filing and litigation of a complaint in federal or state court against responsible parties for the aforementioned PFAS contamination. FURTHER RESOLVED, that the Board of Commissioners hereby authorizes Baron & Budd, P.C., Seagle Law, PLLC, Cossich Sumich Parsiola & Taylor LLC, and Ward and Smith, P.A. to serve as legal counsel to the County in this matter. ADOPTED this 8t" day of January 2024. (SEAL) New Hanover County William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 8, 2024 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Consent DEPARTMENT: Building Safety PRESENTER(S): Hans Schult, Inspection Director CONTACT(S): Hans Schult SU BJ ECT: *NOTE: During the January 4, 2024 Board of Commissioner Agenda Review meeting, it was requested to remove this agenda item from the January 8, 2024 Board of Commissioners meeting because the extended Kure Beach inspection services agreement was no longer needed. Meeting Approval of Request from Town of Kure Beach to enter into an I nterlocal Agreement for Expanded Inspection Services BRIEF SUMMARY: Currently, New Hanover County Building Safety/Inspections Department performs trade inspections and trade plan reviews for the Town of Kure Beach. Existing services do not include building inspections, building reviews, or the issuance of building permits. The Town of Kure Beach has formally requested that the New Hanover County Building Safety/Inspections Department provide additional services on a permanent basis. No additional full -??me employees (FTEs) will be required at this ??me, as the department can manage these extended services a?ectively. Sta? estimates conducting approximately three (3) building inspections per week. The County will retain all permit and inspection fees, as well as any charges accumulated while performing these duties. STRATEGIC PLAN ALIGNMENT: • Good Governance o Internal business processes ■ Provide equitable, effective, and efficient customer -driven practices. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the County entering into an I nterlocal Agreement with the Town of Kure Beach for expanded inspection services. ATTACHMENTS: Request to Remo\,eAgenda Item (Mayor Allen Oli\er) Kure Beach Resolution Kure beach Agreement Board of Commissioners - January 8, 2024 ITEM: 5 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) No action needed - *NOTE: During the January 4, 2024 Board of Commissioner Agenda Review meeting, it was requested to remove this agenda item from the January 8, 2024 Board of Commissioners meeting because the extended Kure Beach inspection services agreement was no longer needed. COMMISSIONERS' ACTIONS: No action needed - *NOTE: During the January 4, 2024 Board of Commissioner Agenda Review meeting, it was requested to remove this agenda item from the January 8, 2024 Board of Commissioners meeting because the extended Kure Beach inspection services agreement was no longer needed. Board of Commissioners - January 8, 2024 ITEM: 5 From: Wurtzbacher, Lisa To: Rivenbark, Bill; Pierce LeAnn; Barfield, Jonathan; Scalise, Dane; Zapple, Rob Cc: Coudriet, Chris; Crowell, Kym; Whittaker, Crystal; Schult, Hans Subject: FW: Agenda item Date: Thursday, January 4, 2024 3:27:19 PM Good Afternoon Commissioners, Below you will find an email from Kure Beach Mayor Allen Oliver in regard to removing agenda item #5, Approval of Request from Town of Kure Beach to enter into an Interlocal Agreement for Expanded Inspection Services. We are happy to talk in more detail about it this afternoon at your agenda review. Lisa Wurtzbacher County Manager, Assistant New Hanover County - County Manager's Office (910) 798-7161 p 1 (910) 798-7842 f Wurtzbacher@nhcgov.com 230 Government Center Drive, Suite 195 Wilmington, NC 28403 www.NHCgov.com From: Allen Oliver <a.oliver@townofkurebeach.org> Sent: Thursday, January 4, 2024 3:10 PM To: Wurtzbacher, Lisa <Iurtzbacher@nhcgov.com> Subject: Agenda item ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Lisa, The Town of Kure Beach would like to remove the agenda item concerning the Building Inspections contract. Thank you for your assistance in this matter. Allen Oliver Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android Board of Commissioners - January 8, 2024 ITEM: 5 - 1 - 1 Resolution No. 23-2284 RESOLUTION REQUESTING NEW HANOVER COUNTY PERFORM INSPECTION SERVICES WITHIN THE TOWN'S JURISDICTION WHEREAS, North Carolina General Statute § 160D-1102 require a municipality to enforce within their territorial jurisdiction State and local laws relating to (1) The construction of buildings and other structures; (2) The installation of such facilities as plumbing systems, electrical systems, heating systems, refrigeration systems, and air-conditioning systems; (3) The maintenance of buildings and other structures in a safe, sanitary, and healthful condition; (4) Other matters that may be specified by the town council. WHEREAS, a municipality can perform the above stated duties or responsibilities by arranging for the county in which the city is located to perform inspection services with the city's jurisdiction as authorized by North Carolina General Statute 5 160D-1104 and 160D-202 . NOW, THEREFORE, BE IT RESOLVED THAT the Town of Carolina Beach Town Council hereby requests New Hanover County, pursuant to North Carolina General Statute � 160D-1102, perform all building inspections for properties within the Town of Carolina Beach's jurisdiction until otherwise notified. Adopted by the Carolina Beach Town Council this 11th day of April, 2023 by a vote of 4 in favor and 0 against. avaj. Albert L. Barbee : �pR�CINq Mayor f 'OF '3. o Attest: Z�1m )(Qx ........ ..........: Kiln Ward............ „.......... Town Clerk Board of Commissioners - January 8, 2024 ITEM: 5 - 2 - 1 NEW HANOVER COUNTY CONTRACT # 24-0334 NORTH CAROLINA INSPECTION AGREEMENT NEW HANOVER COUNTY THIS INSPECTION AGREEMENT, entered into this day of , 2023 by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County", and the TOWN OF KURE BEACH, a municipal corporation of the State of North Carolina and County of New Hanover, hereinafter referred to as "Town"; WITNESSETH: WHEREAS, the County has heretofore, through its Building Safety Department, performed trade inspections within the Town limits pursuant to an interlocal inspection agreement, and the County and Town now desire to add structural building inspections to the services performed by County: and WHEREAS, the Town has requested the County, through its Building Safety Department, to perform those structural, plumbing, mechanical, heating, refrigeration, air conditioning and electrical inspection duties and responsibilities within the Town limits as mandated by N.C.G.S. 160D; and WHEREAS, the County has agreed to perform such structural, plumbing, mechanical, heating, refrigeration, air conditioning and electrical inspection duties and responsibilities, effective upon execution of the agreement, all pursuant to N.C.G.S. 160D. NOW, THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, it is understood and agreed as follows: 1. Purpose of Agreement. The purpose of this agreement is to designate responsibilities between the Town and County in the County's provision of inspection services within the corporate limits of the Town pursuant to Chapter 160D of the North Carolina General Statutes. This agreement shall pertain to all commercial, residential, and other construction for which issuance of a building permit is required by law. 2. Responsibilities of the County. The County will assume the responsibilities and perform the duties mandated by N.C.G.S. 160D within the Town limits, inclusive of the following: Page 1 of 6 Board of Commissioners - January 8, 2024 ITEM: 5 - 3 - 1 NEW HANOVER COUNTY CONTRACT # 24-0334 A. The review of plans submitted in support of an application for a county building permit for structures within the Town in order to determine compliance with applicable codes. B. The receipt of certification of approval of compliance with Town ordinances from the Town prior to the issuance of a structural, plumbing, mechanical, heating, refrigeration, air conditioning and electrical permit for property located within the Town's jurisdiction. C. The issuance or denial of said permits and furnishing to the Town of such notification, when available. D. The making of field inspections required in servicing those permits, pursuant to N.C.G.S. and pursuant to the Town's certification of approval, as applicable. E. To the extent applicable, the issuance or denial of Certificates of Compliance with the State Building Code, pursuant to N.C.G.S. 160D. F. The issuance of orders to correct violations, pursuant to N.C.G.S. 160D. G. The issuance of stop orders or the revocation of permits pursuant to N.C.G.S. 160D. When appropriate and after confirmation of the existence of a violation by the Town's Administration, such actions may be taken for violations of Town ordinances upon written request of Town. H. Cooperating with the Town in the prosecution of criminal or civil actions for violations of the North Carolina State Building Code and Town ordinances. It is the intent of the parties that the County, in its sole discretion, shall prosecute all actions relating to violations of Town ordinances. The Town reserves the right to prosecute State Building Code violations in its own name should the County decline to prosecute. I. The notification to the Town if changes in work authorized pursuant to N.C.G.S. 160D may result in violation of any Town ordinances for which a certificate of approval has previously been given. J. The maintenance of records required under N.C.G.S. 160. K. Any other lawful action attendant to enforcement of the North Carolina State Building Code, structural, plumbing, mechanical, heating, refrigeration, air conditioning and electrical volumes. Page 2 of 6 Board of Commissioners - January 8, 2024 ITEM: 5 - 3 - 2 NEW HANOVER COUNTY CONTRACT # 24-0334 3. Responsibilities of the Town. The Town will assume the responsibilities and perform the duties necessary to assist the County in the performance of the above specified inspection and plan review services described above, inclusive of the following: A.In addition to these responsibilities, the Town will endeavor to assist the County in enforcement of the State Building Code by notifying the County Building Safety Department of any practices, facilities, or circumstances that, in the opinion of the Town Enforcement Officer, may constitute a violation of the State Building Code. 4. Financing Fees and Charges. Each party shall pay all necessary personnel, administrative, legal or other cost associated with the duties and responsibilities assumed and performed by such party under this agreement. All permit and inspection fees and charges collected by the County in performance of these inspection duties and responsibilities shall be retained by the County. The fees and charges within the Town limits shall be the same as those charged to persons in the County, outside the Town limits, and shall be based upon County approved fee schedules currently in effect or as hereafter amended. No initial permit or initial inspection fees shall be charged for Town owned property utilized for government purposes. County plan review is intended to minimize any subsequent design modification to meet State Building Code. Provided, however, re -inspection for Town owned property shall be charged and retained solely as the County's funds. 5. Term of Agreement. This agreement shall become effective upon execution and shall remain in effect indefinitely, unless and until terminated as provided herein. 6. Personnel. County inspectors exercising the inspections responsibilities set forth in Paragraph 2 of this agreement within the Town limits shall have all the powers, duties and obligations that an inspector appointed by the Town, pursuant to N.C.G.S. 160D would have. 7. Termination. This agreement may be terminated by either party upon written notice to the other party; and the notice of termination must be given at least six (6) months prior to the effective date of termination. 8. Notice. All notices hereunder shall be in writing and shall be deemed to have been duly given if delivered, or mailed first class, postage prepaid, addressed as follows: Page 3 of 6 Board of Commissioners - January 8, 2024 ITEM: 5 - 3 - 3 NEW HANOVER COUNTY CONTRACT # 24-0334 IF TO TOWN: Craig Bloszinsky, Mayor Town of Kure Beach 117 Settlers Lane Kure Beach, NC 28449 IF TO COUNTY: Chris Coudriet, County Manager New Hanover County 230 Government Center Drive, Suite #195 Wilmington, NC 28403 9. Amendment of Agreement. This agreement may be amended or modified upon mutual agreement of the Board of County Commissioners of New Hanover County and the Town Council of the Town of Wilmington, provided that any such amendment shall be reduced to writing and signed by the parties to this agreement. 10. Entire Agreement. This agreement constitutes the entire understanding of the parties. 11. Binding Effect. ffect. This lease shall be binding upon and inure to the benefits of all parties, their successors and assigns. 12. Continuing Obligation. The parties will make and execute all further instruments and documents required to carry out the purpose and intent of this agreement. 13. Reference. Use of the masculine herein includes the feminine and neuter; singular includes plural; and captions and headings are inserted for convenience of reference and do not define, describe, extend or limit the scope of intent of the agreement. 14. Interpretation. All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina, In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and the more stringent or higher standard shall prevail over the less stringent or lower standard. 15. Immunity Not Waived. This agreement is governmental in nature, for the benefit of the public, and is not intended to be for private profit or gain. Any fees charged in connection with the services hereunder are intended to reflect as closely as possible the Page 4 of 6 Board of Commissioners - January 8, 2024 ITEM: 5 - 3 - 4 NEW HANOVER COUNTY CONTRACT # 24-0334 County's actual cost, and neither party intends to waive its sovereign immunity by reason of this agreement. 16. SavingClause. lause. If any section, subsection, paragraph, sentence, clause, phrase or portion of this agreement is for any reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed servable and such holding shall not affect the validity of the remaining portions hereof. IN WITNESS WHEREOF, the parties have executed this lease in duplicate as of the day and year first above written. TOWN OF KURE BEACH [SEAL] Allen Oliver, Mayor ATTEST: Town Clerk This instrument has been Pre -audited in the manner Required by the Local Government Budget and Fiscal Control Act. Approved as to Form Town Finance Officer Town Attorney Page 5 of 6 Board of Commissioners - January 8, 2024 ITEM: 5 - 3 - 5 NEW HANOVER COUNTY CONTRACT # 24-0334 STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that she is Clerk to the Town of Kure Beach and that by authority duly given and as the act of the Town of Kure Beach, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 2023. Notary Public My commission expires: [New Hanover County digital signature page attached hereto and incorporated herein by reference.] Page 6 of 6 Board of Commissioners - January 8, 2024 ITEM: 5 - 3 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Consent DEPARTMENT: Register of Deeds PRESENTER(S): Morghan Getty Collins, Register of Deeds CONTACT(S): Morghan Collins and Brandon Colby, Colby & Mincey PPLC SUBJECT: Approval of Colby & Mincey PLLC, Request for Refund of Deed Excise Tax BRIEF SUMMARY: Brandon Colby has requested on behalf of Colby & Mincey PPLC, a refund of $200 for over paid excise tax. Pursuant to North Carolina General Statute 150-228.37, a request for refund of overpayment of real property conveyance excise tax must be made within six months of the date of payment. The excise tax was paid on November 21, 2023. A letter to the Board of Commissioners is attached as well as the corrective/Scriveners Affidavit and the General Warranty Deed. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve refund. ATTACHMENTS: Letter, Deed, Affida\it COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 8, 2024 ITEM: 6 COLB INCEYPLLC Telephone: 910 343-5775 E YS AT LAWFa simile: (91 )343-5992 December 20, 2023 New Hanover County Commissioners 230 Government Center Drive Suite 175 Wilmington, NC 28403 Re: Lake Park Blvd 304 Lake Park Blvd N. Carolina Beach 28428 Parcel Number: R08818-006-023-000 Commissioners, The above referenced property was transferred by General Warranty Deed recorded in Book 6675, Page 2736 in the New Hanover County, North Carolina Register of Deeds. The Grantor was Bigley, LLC, A North Carolina Limited Liability Company and the Grantee was Lake Park Investments, LLC, A North Carolina Limited Liability Company. This General Warranty Deed was recorded with the incorrect amount of excise tax in the amount of $1800.00 which was remitted to the New Hanover County Register of Deeds. This calculation is incorrect and only $1600.00 should have been remitted to the New Hanover County Register of Deeds. The "Corrective Affidavit" has been recorded in New Hanover County Register of Deeds in Book 6680, Page 1259, on December 19, 2023; copy attached hereto. We are requesting that the overage in the amount $200.00 be returned to Colby & Mincey, PLLC. If you have any questions, please do not hesitate to contact our office. Sincerely, 1001 Military Cutoff Rd., Suite 204 Wilmington, NC 28405, Phone: 910-343-5775, Email: reception@colbymincey.com Board of Commissioners - January 8, 2024 ITEM: 6 - 1 - 1 Book 6675 Page 2736 BK: RB 6675 PG: 2736 - 2738 RECORDED: 11/21/2023 02:25:15 PM BY: SAMANTHA SPEAKER DEPUTY NC FEE $26.00 2023029335 NEW HANOVER COUNTY, REAL ESTATE MORGHAN GETTY COLLINS REGISTER OF DEEDS EXTX $1800.00 ELECTRONICALLY RECORDED NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1800.0� 0 Parcel Identifier No_ R08818-006-023-000 Property Address: 304 Lake Park Blvd N. Carolina Beach. NC 28428 Prepared By: Colby & Macey, PLLC Return to: 1001 Military Cutoff Road, Suite 204 Wilmington, NC 28405 Brief Description for the Index: Metes & Bounds, Lake Park Blvd THIS DEED made this 20th day of November, 2023, by and between GRANTOR Bigley, LLC A North Carolina Limited Liability Company Mailing Address: PO Box 994 Carolina Beach, NC 28428 Lake Park Investments, LLC A North Carolina Limited Liability Company Mailing Address: P.O. Box M Carolina Beach, NC 28428 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WTTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEE ATTACHED "EDIT A" The property, hereinabove described was acquired by Grantor by instrument recorded in Book 5295, page 66. A map showing the above described property is recorded in Plat Book page _. submitted electronically by "Colby & Mincey, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Board of Commissioners - January 8, 2024 ITEM: 6 - 1 - 2 Book 6675 Page 2737 TO PUVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that tide is marketable and free and clear of all encumbrances, and that Grantor =M warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to ad valorem taxes; all applicable zoning and land use ordinances, statutes and regulations; and to the provisions of all applicable restricdve covenants and utility easements of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written_ x BigieT C z w (Entity Name) O By- b4 U Titles Barbara Bi 1evr_ MembeaI= w P7 W S -ST ale l r-� � County State of rje-i Ln a I cerdfp that the following person(s) personally appeared before me this day, each 02:.0" aclmowledging to me that he or she voluntary signed the foregoing document for the �Z,p(jlii purpose stated therein and in the capacity indicated:- Barbara Bkdcy, Member/Manager � we of BWW, LLC_ a Dated il�Zb �Z3 �� 0 U my commission fires Printed Name: Public County State of I certify that the following person(s) personally appeared before me This day, each admowiedging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated - Dared -- My commission expires: Printed Name Notary Public The foregoing Certificates) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof BT. Register of Deeds for County Deputy/Assistant—Register of Deeds Board of Commissioners - January 8, 2024 ITEM: 6 - 1 - 3 Book 6675 Page 2738 SIT "A" BEGINNING at a point in the east line of Lake Park Boulevard, (U.S- Highway #421 a 66 foot right of wa7) located North 01 degrees 38 minutes East 210.0 feet from the intersection of said east line with the north line of Carl Winner Street (a 50 foot right of way); nanny thence, from said beginning point and along said east line North 01 degrees 38 minutes East 100-0 feet to a point; thence South 88 degrees 722 minutes East 1005 feet to a point; thence South 01 degrees 38 minutes West 100-0 feet to a point; thence, North 88 degrees 22 minutes West 100.5 feet to the point of begin containing 023 acres more or less - PARCEL ID= R08818-006-023-000 Board of Commissioners - January 8, 2024 ITEM: 6 - 1 - 4 Book 6680 Page 1578 P=pated by and Retum to: Colby & Nfmcey, PLLC 1001 Afiftn:y Cutoff Road, M 204 Wilmington, NC 28405 STATE OF NORTH CAROLINA BK: RIB 6680 PG: 1578 -1578 NC FEE S213 00 2023031$8$ D: RECORDE i2/191=3 NEW HANOVER COUNTY, MORGHAN GEM COLLINS 09-30:17 AM REGISTER OF DEEDS EXTX$0AD M'. ANDREA CRESWELL ASSISTANT ELECTRONICALLY RECORDED COUNTY OF NEW HANOVER CORRECTIVE/SCRIVENERS AFFIDAVIT (N.C.G.S. 47 36.1) Brandon X Colby GY2ANTOR(S): Bigley, LLC A North Carolina Limited Liability Company GRANTEE: Lake Park Investments, LLC A North Carolina Limited Liability Company BOOK AND PAGE: Book 6675 at Page 2736, New Hanover County Registry The undersigned hereby certifies that the following corrections are made m the above named recorded instrument in accordance with the provisions ofN.C.G.S. 47-36.1, ratified August 8, 2008: The Excise Tax read $1,800.00 on the Deed. It should have read $1,600.00 for the correct Excise Tax. This the / S day of December, 2023. / (SEAL) Brandon by New Hanover County, State ofNorth Carolina. I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in th l . indicated: don M Colby ��•�`\ \�IA COG 9 Date: 95 ��PNotaN Puckc 3 (SEAT') Brut, Notary Public _ COunty = min. ExP 025 Q My commission expires-. submitted electronically by "Colby & Nincey, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Board of Commissioners - January 8, 2024 ITEM: 6 - 1 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Regular DEPARTMENT: Finance PRESENTER(S): April Adams, Cherry Bekaert LLP CONTACT(S): Eric Credle, Chief Financial Officer and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Presentation of the Audit Report for the Fiscal Year Ended June 30, 2023 BRIEF SUMMARY: The New Hanover County Annual Comprehensive Financial Report and related independent audit for the fiscal year ended June 30, 2023, have been completed. The results of the audit and financial report will be presented by April Adams, audit partner with Cherry Bekaert LLP. The results of the audit include: • An unmodified opinion on the financial statements, meaning the auditors concur that the financial statements are fairly presented and free from material misstatements. • A report on internal controls over financial reporting and compliance and other matters, which noted no findings. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Plan for the long-term financial health of the count RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation and approve the New Hanover County Annual Comprehensive Financial Report for the year ended June 30, 2023. ATTACHMENTS: Audit Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend hear presentation and receive report. COMMISSIONERS' ACTIONS: Heard and received report 5-0. Board of Commissioners - January 8, 2024 ITEM: 7 CB 2022-08 NEW HANOVER COUNTY Audit Executive Summary January 8, 2024 `� Cherry Bekaert Your Guide Forward Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 1 Client Service Team Steve Siegel Firm Technical Director �r Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 2 Agenda ► Role of External Auditor ► Results of the Audit ► Single Audit ► Internal Controls ► Corrected and Uncorrected Misstatements ► Required Communications ► Other Matters ► Reporting Changes This information is intended solely for the use of Board of County Commissioners who are charged with governance and management of New Hanover County, North Carolina and is not intended to be, and should not be, used by anyone other than these specified parties. 0004 3 �no Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 3 Role of the External Auditor Actions Results Required Communications Policy Changes `� Cherry Bekaert CPAs & advisors Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 4 W1 D I"NOUP An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. IG Uh I Mt AUU 7) OTHER Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Material misstatements may result from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Internal Controls Testing Information Technology ► We identify our understanding of key applications and identify any changes within the IT environment from the previous year. / We identity significant transaction cycles and perform walkthroughs of the key controls. / Test of controls over the budget and payroll cycles. WL Results / Results of internal controls testing will drive the level and timing of substantive testing procedures. Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 6 Results of the Audit We have audited the financial statements of New Hanover County, North Carolina (the "County") as of and for the year ended June 30, 2023, and we have issued our report thereon dated December 1, 2023. We have issued an unmodified opinion on the financial statements. We have also issued a report on internal controls over financial reporting and compliance and other matters. ON ff 7 �r Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 7 i7 Mr!y7Ti We have also issued reports on federal and state compliance with the Uniform Guidance and the State Single Audit Implementation Act for the major programs. No findings were reported. • Medicaid DSS Crosscutting • Temporary Assistance for ■ Public School Building Capital Needy Families (TANF) Fund (Lottery Funds) • Emergency Rental Assistance Coronavirus State Fiscal Program (ERAP) 0 Recovery Fund • Coronavirus State & Local Recovery Funds (ARPA) Internal Control Communication In planning and performing our audit, we considered internal control over financial reporting ("internal control") as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements and compliance with Uniform Grant Guidance and the NC State Single Audit Implementation Act, but not for the purpose of expressing an opinion on the effectiveness of the County's internal control. Accordingly, we do not express an opinion on the effectiveness of the County's internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. N Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 9 Corrected and Uncorrected Misstatements Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. / None noted. / None noted. 10 `I% Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 10 Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the County are described in Note I to the financial statements. The County adopted GASB 96, Subscription -based Information Technology Agreements, effective July 1, 2022. Most prominent among the changes in the standard is the recognition of subscription -based information technology agreements as assets and liabilities for the obligated future payments. We noted no inappropriate accounting policies or practices. on � 11 �r Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 11 Qualitative Aspects of Accounting Practices As part of our audit, we evaluated the County's identification of, accounting for, and disclosure of the County's relationships and transactions with related parties as required by professional standards. We noted none of the following: • Related parties or related party relationships or transactions that were previously undisclosed to us; • Significant related party transactions that have not been approved in accordance with the County's policies or procedures or for which exceptions to the County's policies or procedures were granted; • Significant related party transactions that appeared to lack a business purpose; • Noncompliance with applicable laws or regulations prohibiting or restricting specific types of related party transactions; • Difficulties in identifying the party that ultimately controls the entity. O� 12 `so Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 12 Qualitative Aspects of Accounting Practices We noted no transactions entered into by the Company during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. For purposes of this letter, professional standards define significant unusual transactions as transactions that are outside the normal course of business for the County or that otherwise appear to be unusual due to their timing, size or nature. We noted no significant unusual transactions during the year. 13 Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 13 Qualitative Aspects of Accounting Practices Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: • Allowance for doubtful accounts • Depreciation and amortization expense • Fair value of investments • Pension liabilities • Other Post Employment Benefits liability • Accrued compensated absences • Self-insurance claim liabilities that have been incurred but not reported. • Liability for closure and post closure (Landfill) • Imputed interest rate on leases and IT subscriptions O� 14 `so Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 14 Qualitative Aspects of Accounting Practices The estimates are based on an analysis of historical collection trends, current and anticipated economic conditions, the category of individual capital assets and their useful lives, actuarial calculations, and estimated future costs. We evaluated the key factors and assumptions used to develop the estimates in determining that they were reasonable in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent, and clear. 15 `Oft Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 15 Independence Considerations W"MP, --N nattest Services WNos Our firm prepares the Data Collection Form. For all nonattest services we perform, you are responsible for designating a competent employee to oversee the services, make any management decisions, perform any management functions related to the services, evaluate the adequacy of the services, and accept overall responsibility for the results of the services. We are not aware of any other circumstances or relationships that create threats to auditor independence. We are independent of New Hanover County and have met our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audits. Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 16 Other Required Communications We encountered no significant difficulties in dealing with management in performing and completing our audit. Includes disagreements on a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. 17 We noted no matters that are difficult or contentious for which the auditor consulted outside the engagement team. We have requested certain representations from management that are included in the management representation letter dated December 1, 2023. %6% Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 17 Other Required Communications We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year. These discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. 18 No events or conditions noted that indicate substantial doubt about the entity's ability to continue as a going concern. Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 18 C� With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with U.S. generally accepted accounting principles, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. With respect to the required supplementary information accompanying the financial statements, we have applied certain limited procedures to the information, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. Upcoming Financial Reporting Changes These standards will be effective for the County in the upcoming years and may have a significant impact on the County's financial reporting. We would be happy to discuss with management the potential impacts on the County's financial statements and how we may be able to assist in the implementation efforts. 20 tart �so Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 20 Questions? About Cherry Bekaert 2022 Cherry Bekaert. All Rights Reserved. This material has been prepared for general informational purposes only and is not intended to be relied upon as tax, accounting, or other professional advice. Before taking any action, you should consult a professional advisor familiar with your particular facts and circumstances. ®®OE) CBH.com 21 April Adams, CPA Audit Partner aadams@cbh.com 919-782-1040 `� Cherry Bekaert Your Guide Forward Board of Commissioners - January 8, 2024 ITEM: 7 - 1 - 21 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Regular County Shannon Winslow, Vice -Chair of the New Hanover Community DEPARTMENT: Manager PRESENTER(S): Endowment and William Buster, CEO of the New Hanover Community E ndowment CONTACT(S): Chris Coudriet, County Manager, William Buster SUBJECT: New Hanover Community Endowment Update BRIEF SUMMARY: Shannon Winslow, the Vice -Chair of the New Hanover Community Endowment, will join CEO, William Buster, to present the board with an update on the organization's activities. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: New Hanover Community Endowment Presentataion COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation and provided feedback 5-0. Board of Commissioners - January 8, 2024 ITEM: 8 n 0 14AIVp E11�� 0 H z w Attv New Hanover County Board of Commissioners January 8, 2024 HANNON Wl N LOW Board Vice -Chair Board of Commissioners - January 8, 2024 ITEM: 8 - 1 - 2 WILLIAM BUSTER President & CEO Board of Commissioners - January 8, 2024 ITEM: 8 - 1 - 3 2022 Grant Cycle Mid -Year Report Update Approximately $9 million in funding went to 111 partners in the 2022 grant cycle. To date, our partners have spent an estimated 65% ($5,815,366.70) of the total granted in 2022. ■ 103 out of 111 grantees are meeting expectations ■ 7 projects currently exceeding expectations ■ Support/Expansion of Existing Programs ■ Vehicles ■ Support of New Programs Board of Commissioners - January 8, 2024 ITEM: 8 - 1 - 4 ��0 E coo ,46 a��' ♦" Board of Commissioners - January 8, 2024 ITEM: 8 - 1 - 5 UANOI4� 4 EW i IRMO 11� +jrY E,490 $25M Awarded in 2023 +200 Grant Applications requesting $336M 14 Responsive Grants $1.4M 19 Strategic Grants $53.5M over 3-years Board of Commissioners - January 8, 2024 ITEM: 8 - 1 - 6 Overview of 2023 Strategic Grant Requests Emphasis on Nursing Collaboration :mom Received +200 grant applications requesting $336M Majority were 1-year, non-renewable grants Multi -year, strategic ideas focused on: ■ Enhancing the healthcare workforce pipeline ■ Improving access to early childhood education Board of Commissioners - January 8, 2024 ITEM: 8 - 1 - 7 2024 V151 New Hanover Community End( Board of Commissioners - January 8, 2024 ITEM: 8 - 1 - 8 14AIVp n 0 H z w mg Thank You NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Regular DEPARTMENT: Planning PRESENTER(S): Theo McClammy, Housing Program Manager CONTACT(S): Theo McClammy; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Request from Blue Ridge Atlantic Development to make Better Homes for North Carolina the Payee for their Workforce Housing Services Program Award FY 23-24 BRIEF SUMMARY: On October 30, 2023, the Board of Commissioners approved a $600,000 Workforce Housing Services Program award to Blue Ridge Atlantic Development, a private developer, for the Residence at Canopy Pointe, 217 Middle Sound Loop Road, Wilmington, N.C. On December 7, 2023, Blue Ridge Atlantic Development requested that the recipient be changed to their non-profit partner in the project, Better Homes for North Carolina, Inc. (Attachment) The Residence at Canopy Pointe is a 72-unit senior housing development that has received low-income housing tax credits (LIHTC) through the North Carolina Housing Finance Agency and is currently under construction. The award would (a) replace contingency funds depleted to correct unsuitable soil conditions, (b) keep the project compliant with LI HTC financing requirements, and (c) pay for facility improvements to make the project more durable and resilient. Blue Ridge Atlantic Development is submitting this request to prevent a taxable event that would increase development costs for the Residence at Canopy Pointe. Their request is an update to a prior funding decision made by the Board of Commissioners and involves a fiduciary partner, Better Homes for North Carolina, that was not listed in the Workforce Housing Program RFP application. Better Homes for North Carolina submitted a letter to the County requesting to receive the $600,000 award for the purpose of making a loan to the development partnership. (Attachment). Also, Blue Ridge Atlantic Development and Better Homes for North Carolina have provided a Joint Venture Agreement, effective 5/13/2021, that describes both parties as co -developers of the Residence at Canopy Pointe. Better Homes is identified as a North Carolina non-profit corporation tax exempt under IRS Code 501(c)(3) created for the purpose of developing, acquiring, constructing, and operating affordable housing. This request is presented for consideration by the Commissioners since the original funding allocation specified Blue Ridge Atlantic Development as the funding recipient. Upon direction from the Board, staff will work with the applicant to finalize funding terms and agreements. STRATEGIC PLAN ALIGNMENT: 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: Board of Commissioners - January 8, 2024 ITEM: 9 Approve allocation of funding for the Residence at Canopy Pointe to Better Homes for North Carolina ATTACHMENTS: Letter from Blue Ridge Atlantic Dmelopment, 12/7/2023 Letter from Better Homes for North Carolina, 12/7/2023 Blue Ridge Atlantic De\,elopment — Better Homes NC Joint Venture Agreement, 5/13/2021 Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 8, 2024 ITEM: 9 BLUE RIDGE ATLANTIC community -- development Theo McClammy Program Manager 230 Government Center Drive, Ste 110 Wilmington, NC 28403 December 7, 2023 RE: Residence at Canopy Pointe Clarification Mr. McClammy: On behalf of Blue Ridge Atlantic Development, I would like to start off by saying thank you to the New Hanover County staff fand New Hanover County Commissioners for your continued support of our 55+ senior affordable housing project Residence at Canopy Pointe. Our project was awarded $600,000 of grant money back in October at the County Commissioners meeting through the New Hanover County Workforce Housing Program. We feel this project meets and exceeds the housing goals New Hanover County has in place for our 55+ citizens who are continuing to face the increasing costs of living in this area. Subsequent to the $600,000 award, a technical item has come up that we are looking to have resolved. Upon the initial application, Blue Ridge Atlantic Development was the listed applicant not our non-profit partner Better Homes of North Carolina. Since the $600,000 is being treated as grant income from New Hanover County, this would be treated as a taxable income event if the grant money was funded to Blue Ridge Atlantic Development since we are a for -profit entity. The proper way to treat this technical issue is to have our non-profit partner Better Homes of North Carolina be listed as the recipient of the $600,000 grant income and make a loan to the project partnership (see Better Homes of North Carolina Support Letter). With the 501 (c) (3) designation, Better Homes of North Carolina does not trigger a taxable income event with this proposed structure. Most importantly, the $600,000 is invested in this project as allocated and the overall goal of providing quality affordable senior housing is successful for a project that is in critical need of this grant money. Better Homes of North Carolina has a long history of developing, managing and owning affordable housing projects and this proposed structure with a non-profit 501 (c) (3) is very common in the marketplace. The Joint Venture agreement between Blue Ridge Atlantic Development and Better Homes of North Carolina has been provided to staff as well as all the other documents to support this relationship. We appreciate your continued support and look forward to using the awarded grant money to successfully deliver qualify affordable senior housing in New Hanover County. Thank you, Sam Weldon BLUE RIDGE ATLANTIC 1630 Military Cutoff Rd, Suite 104, Wilmington, INC 28403 Board of Commissioners - January 8, 2024 ITEM: 9 - 1 - 1 \V Oyu r,o,NORTH C-AROLINA Theo McClammy Program Manager 230 Government Center Drive, Ste 110 Wilmington, NC 28403 December 7, 2023 RE: Better Homes for North Carolina Letter of Support for Residence at Canopy Pointe Mr. McClammy: I write this letter to the New Hanover County workforce housing program staff as well as the New Hanover County Commissioners in support of our project Residence at Canopy Pointe. Better Homes for North Carolina entered into a joint venture agreement with Blue Ridge Atlantic Development, LLC on this particular project several years ago which was provided to you all. Better Homes for North Carolina is very much aware and supportive of the $600,000 grant investment award made by New Hanover County for this project. Furthermore, Better Homes for North Carolina is aware of the logistics and structure of how grant money is contributed to projects with a non-profit partner like Better Homes for North Carolina to avoid creating a taxable income event. That said, Better Homes for North Carolina acknowledges and supports the request of receiving the $600,000 from New Hanover County which then will make a Ioan to the project partnership to avoid creating a taxable income event. We are very grateful for the support of this project by New Hanover County staff and commissioners and look forward to bringing this project available to senior residents in March 2024. Respectful) ,) 4 A. Hobgood, President P.O. Box 17227 RALEIOH, NC 2761 9 Board of Commissioners - January 8, 2024 ITEM: 9 - 2 - 1 WWW.N 0 BETTERHOMES.COM DocuSign Envelope ID: B2D5C290-74F1-48EE-8FDA-5104EE295327 JOINT VENTURE AGREEMENT This JOINT VENTURE AGREEMENT is effective as of [ 5/13/2021] (the "Effective Date") by and between the [Better Homes for North Carolina, Inc.], a North Carolina non-profit corporation ("NP"), and [Blue Ridge Atlantic Development, LLC] (`BRAD"), (NP and BRAD are collectively referred to as the "Development Partners"). WITNESSETH: WHEREAS, NP is a North Carolina non-profit corporation tax exempt under Internal Revenue Code Section 501(c)(3) created for the purpose of developing, acquiring, constructing and operating affordable housing and related amenities wherever it may lawfully do so; WHEREAS, BRAD is a Florida limited liability company, experienced in the development of affordable housing, and is familiar with Low Income Housing Tax Credits ("Tax Credits") issued pursuant to Section 42 of the Internal Revenue Code of 1986, as amended ("Section 42"); WHEREAS, NP or its wholly -owned subsidiary, intends to act as co -developer with BRAD, of BRAD Residence at Canopy Pointe, LLC, a North Carolina limited liability company (the "CompanX") to develop an affordable housing project, totaling approximately 72 units to be known as The Residence at Canopy Pointe (the "Project") on approximately 4.77 -acre tract of real property located on 217 Middle Sound Loop Rd in, Wilmington, North Carolina, comprised of Parcel ID: R04410-001-007-000, R04410-001-008-000, R04410-001-009-000, R04410-001- 010-000 (the "Pro e "); WHEREAS, BRAD, has a contract to purchase the Property as evidenced by that certain Purchase and Sale Agreement with BHC Properties, LLC , dated November 26th, 2019 , as amended (the "Purchase Agreement"); WHEREAS, NP and BRAD intend to finance the Project in part through Tax Credits, and toward that end the Development Partners intend to submit an application for an award of volume cap and Tax Credits for the Project to the North Carolina Housing Finance Agency (the "Agency"); and WHEREAS, the Development Partners wish to expressly set forth in this Joint Venture Agreement their mutual understanding regarding the rights, interests and obligations arising out of their joint development and ownership of the Project. NOW, THEREFORE, in consideration of the promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree to the following: [3857603/1 ] Board of Commissioners - January 8, 2024 ITEM: 9 - 3 - 1 DocuSign Envelope ID: B2D5C290-74F1-48EE-8FDA-5104EE295327 1. Purpose: The purpose of this Joint Venture Agreement is to articulate and set forth the rights and obligations of the parties in connection with the development and ownership of the Project which shall provide affordable housing for persons with low to moderate income, or both, consisting of 1 bedroom, and 2 bedroom units, with income and rent restrictions expected to average less than or equal to 60% of area median income ("AMI"). The Project is intended to meet all requirements of a qualified low income housing project under Section 42. 2. Ownership 2.1 Structure. BRAD has already formed or will form the Company to be the ownership entity for the Project. NP or a for -profit, wholly -owned subsidiary of NP will serve as the Managing Member of the Company to qualify for the Development Team Experience as outlined in section IV(D)(1)(a) of the 2021 NCHFA Qualified Allocation Plan with BRAD, as a special or administrative member, and the Company's investor member. NP shall remain responsible for overseeing the project and operations of the project for a period of at least two (2) years after placed in service (the "Oversight Period"). BRAD will be a special or managing member of the Company. It is anticipated that the members will transfer a 99.99% interest in the Company to an investor member at equity closing and the remaining .01 % will be held as follows: 49% by BRAD, and 5 1 % by the NP or its affiliate. In certain major decisions and instances where an operational decision might impact the Project guarantors, neither the Managing Member nor NP shall not make such a decision without the prior written consent of BRAD or its affiliate. After the Oversight Period and satisfaction that BRAD is considered "Experienced" per the 2021 NCHFA QAP, BRAD shall assume the role of the Managing Member subject to the approval of NCHFA. The Company shall finance, develop, own and operate the Project as a qualified low income housing project under Section 42. The Development Partners shall negotiate with the tax credit investor for the sole benefit of NP (i) a right of first refusal option to purchase the Project at the end of the Tax Credit compliance period for the amount provided in Section 42(i)(7). The Development Partners shall negotiate with the tax credit investor for the sole benefit of BRAD (i) a purchase option to acquire the investor's interest in the Company at the end of the Tax Credit compliance period at fair market value and (ii) a purchase option to acquire the Project at the end of the Tax Credit compliance period at fair market value as determined by an appraiser approved by BRAD. Notwithstanding anything to the contrary, BRAD shall have such rights and remedies in the operating agreement of the Company as it may require to protect its interests in the Project, which rights and remedies shall include without limitation, consent to all major actions and all other rights and remedies the investor member and special member have in the Company's final amended and restated operating agreement. 2.2 Guaranties. BRAD and its affiliates shall provide guaranties relating to the Project that may be required by the Investor Member and any lender or credit enhancer involved in the financing of the Project, which may include, without limitation, lien free construction completion, construction loan repayment, and tax credit delivery guarantees (collectively, the "Project Guaranties") through stabilization, as defined in the Company operating agreement. If construction completion is delayed due to events of force majeure, the Development Partners will work together to expedite lease up and minimize timing credit adjusters. The Development Partners shall work together to facilitate the provision of the guaranties as set forth in this Section 2.2. To the extent a lender or investor's requirements differ from the guaranties described herein, the Development [3857603/1 ] Board of Commissioners - January 8, 2024 ITEM: 9 - 3 - 2 DocuSign Envelope ID: B2D5C290-74F1-48EE-8FDA-5104EE295327 Partners shall enter into a separate risk sharing agreement to accomplish the intent of the guaranties as set forth herein. 3. Responsibilities: The Development Partners shall mutually undertake all obligations required to submit all necessary applications (the "Application") to the Agency for an allocation of Tax Credits.. 3.1 Predevelopment Expenses. BRAD shall fund all predevelopment costs of the Project (surveys, geotechnical, and other third party expenses), which costs shall be reimbursed at initial closing of the tax credit financing. 3.2 Land Purchase. BRAD will be reimbursed for all Earnest Money Deposits and other costs at the closing of the land purchase. 3.3 Property Tax Exemption. NP or its affiliate shall serve as the Managing Member of the Company (subject to the limitations set forth in this Joint Venture Agreement) of the Project so that the Project may be eligible for the Real Estate Tax Exemption under § 105-278.6 of the North Carolina General Statutes. 3.4 Property Management. Excel Property Management shall serve as the Property Manager of the Project. 3.5 NCHFA Experience. NP or Principal of NP shall be the Applicant to NCHFA for the purposes of meeting the experience requirements in the 2021 NCHFA Qualified Allocation Plan. The Applicant will become the General Partner or Managing Member of the Project and will remain responsible of overseeing the project for a period of at least two (2) years after placed -in- service. 4. Project Financing. 4.1 Tax Credits. BRAD and NP will submit a joint application to North Carolina Housing Finance Agency for 2021 9% Tax Credits. BRAD and NP will work together in good faith with regard to the selection of the Tax Credit investor and the lender. 5. Company Allocations of Income and Cash Flow: The member's share of profits, losses, and cash flow will be as set forth in the Company Operating Agreement; provided however BRAD shall receive [80%] of the cash flow and net proceeds upon sale or refinance and NP shall receive the balance of such cash flow and net proceeds upon sale or refinance. Any annual amounts or fees to BRAD not paid from annual cash flow shall accrue and be payable from net proceeds upon sale or refinance. 6. Development Fees: BRAD and NP will be Co -Developers of the Project, with BRAD being the lead Developer. As lead Developer, BRAD shall be responsible for choosing all [3857603/1 ] Board of Commissioners - January 8, 2024 ITEM: 9 - 3 - 3 DocuSign Envelope ID: B2D5C290-74F1-48EE-8FDA-5104EE295327 members of the project team, including without limitation, investors, lenders, contractor, architects, engineers, attorneys, accounts and other professional. Their respective roles and responsibilities will be more particularly described in the Development Agreements at closing. BRAD shall receive [80%] of the Developer Fee and NP shall receive [20%] of the Developer Fee. Those fees shall be paid on a pro rata basis to each parry as such are received from the Company. Each party understands and agrees that its share of the Developer Fee may be pledged to an investor or lender as security related to the Project. 7. Representations and Warranties: The parties hereto represent and covenant that each is authorized to enter into this Joint Venture Agreement and that all documents supplied by each party to the other shall, to the best of such party's knowledge, be complete and accurate in all material respects and the party so submitting such documents shall promptly correct any information which it subsequently learns is materially incomplete or inaccurate. 8. Amendments, Changes and Modifications: This Joint Venture Agreement may not be effectively amended, changed, modified, altered or terminated nor any provision waived, without the written consent of each party to this Joint Venture Agreement. 9. Termination: This Joint Venture Agreement shall commence upon execution and may be terminated as follows: 9.1 This Joint Venture Agreement shall terminate automatically if the Project fails to receive a letter of determination/award of Tax Credits from the Agency in connection with the 2021 application. 9.2 This Joint Venture Agreement may be terminated (i) by the unanimous agreement of NP and BRAD, or (ii) by any party hereto if there has been a material default in the performance or observance of any term or condition of this Joint Venture Agreement by any other party that is not cured within 30 days after receipt of written notice from the non -defaulting party or parties; provided that, if such default cannot reasonably be cured within 30 days, and the defaulting party shall have commenced to cure such default within such 30-day period, then the defaulting party shall have such additional time as is reasonably necessary to cure the default if the defaulting party promptly and diligently proceeds to cure the same, it being agreed that no extension shall be for a period in excess of 90 days. In the event this Joint Venture Agreement is terminated, then all other agreements and arrangements among NP and BRAD, and their respective affiliates regarding the Project shall be terminated/dissolved and all persons shall cooperate in such unwinding. In no event shall the termination of the Joint Venture Agreement or the related agreements release any parry in connection with any reimbursements, fees or other amounts already owed to such parry (other than as set forth in Section 3.2 of this Joint Venture Agreement as to the purchase of the Property). [3857603/1 ] Board of Commissioners - January 8, 2024 ITEM: 9 - 3 - 4 DocuSign Envelope ID: B2D5C290-74F1-48EE-8FDA-5104EE295327 10. Confidential: Each parry hereto shall keep confidential any material non-public information regarding any other party or the Project that it obtains in connection with its performance under this Agreement. 11. Governing Law: The validity and interpretation of this Agreement shall be governed and enforced in accordance with the laws of the State of North Carolina. 12. Conflict: In the event of any conflict between this Agreement and the Company Operating Agreement, the Company Operating Agreement shall control. 13. Counterparts: This Agreement may be signed in any number of counterparts, each of which shall be an original for all purposes, but all of which taken together shall constitute only one agreement. The production of any executed counterpart of this Agreement shall be sufficient for all purposes without producing or accounting for any other counterpart thereof. (SIGNATURES FOUND ON FOLLOWING PAGE) [3857603/1 ] Board of Commissioners - January 8, 2024 ITEM: 9 - 3 - 5 DocuSign Envelope ID: B2D5C290-74F1-48EE-8FDA-5104EE295327 IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year first above written. Better Homes for North Carolina, Inc. a North Carolina non-profit corporation By. �DocuSigned by. i SuL 850E4E9CO24r 4l.[]... Its: President Blue Ridge Atlantic Development, LLC a Florida limited liability company By: Its: President [3857603/1] Board of Commissioners - January 8, 2024 ITEM: 9 - 3 - 6 Workforce Housing Services Program Presentation of Request from Blue Ridge Atlantic Development Theo McClammy Housing Program Manager Original Award Planning & Land Use January 8, 2024 Slide 3 NEW HANOVER COUNTY I the model of good governance Mgovxom m t.L left fir._' _yAr•" .. -... - - - .� _ .:F ,� y.. �' - �:��..� r'1� 3(s +III 5 717` f. Planning & Land Use January 8, 2024 Slide 4 Better Homes for North Carolina, Inc. • 501 (c)(3) nonprofit and fiduciary partner • Purpose to develop, acquire, construct, and operate affordable housing • Co -developer through a Joint Venture Agreement • Proposing to receive NHC award and make a loan to Residence at Canopy Point development partnership Recipient's Request Allocate funding to Better Homes for North Carolina. consideration since the original funding allocation Ridge Atlantic Development as the recipient. BLUE FRIDGE ATLANTIC community — development Presented for specified Blue NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing 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, Highway Commercial, and 1-1, 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 Note: This item was continued during the December 11, 2023 meeting to the January 8th, 2024 meeting BRIEF SUMMARY: The applicant is proposing to rezone approximately 33.54 acres from B-2, Regional Business, 1-1, Light Industrial, and R-15, Residential, to the (CZD) RMF-M Residential Multi -Family, Moderate Density district for a maximum 348-unit townhome development. The concept plan consists of 348 residential units laid out in 30 buildings. Each row of buildings has two end units which are two stories with no garage- parking is in a driveway. The dwellings in between the two story units in each row are three stories with a garage on the ground floor. 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. 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 1-1 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 1-1 portion of the site is only 0.15 acres in area 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 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. This site is located in the Special Highway Overlay District (SHOD), which prescribes a minimum 100' front setback for buildings. The SHOD also prescribes maximum square footage and height of signs. The amenity building meets the 100' setback. Board of Commissioners - January 8, 2024 ITEM: 10 As currently zoned, the R-15 portion of the site would allow 75 dwelling units under a performance residential subdivision. It is estimated that the 2.88 acres of property zoned B-2 can generally support approximately 22,500 square feet of traditional retail uses based on a typical 18% building area for this type of zoning. The proposed 348 units would result in an overall density of 10.94 dwelling units per acre. As currently zoned, it is estimated that the site would generate approximately 106 AM peak hour trips and 219 PM peak hour trips. The proposed RMF-M development is estimated to generate 131 AM peak hour trips and 170 PM peak hour trips, increasing the number of AM peak hour trips by 25 and decreasing the number of PM peak hour trips by 49. 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. (The full TIA can be viewed here). Students living in the proposed development would be assigned to Porters Neck Elementary School, Holly Shelter Middle School and Laney High School. Based on a generalized historic generation rate, staff would estimate the increase in homes would result in approximate 57 additional students than would be generated under current zoning. The Comprehensive Plan designates these properties as both Urban Mixed Use and General Residential. The General Residential place type focuses on lower density housing and associated civic and commercial services, recommending up to 8 dwelling units per acre. The Urban Mixed Use place type focuses on higher density housing and associated commercial services. This project's proposed density at 10.94 units per acre sits between the two place types' density recommendations. The project is also located within the Porters Neck Growth Node, identified in the 2016 Comprehensive 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. The proposed (CZD) RMF-M rezoning would provide now 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 would provide a maximum of 348 housing units. Additionally, the project proposes 39% open space, 19% more than the minimum required for performance residential developments. 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. 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 Board of Commissioners - January 8, 2024 ITEM: 10 commercial corridor, the application provides housing and an appropriate transition from the commercial node to the lower density residential areas to the east. 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 members 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. This item was originally scheduled to be considered at the December 11, 2023 Board of Commissioners meeting but was continued to the January 8, 2024 meeting upon request of the applicant. STRATEGIC PLAN ALIGNMENT: • 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 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 Board of Commissioners - January 8, 2024 ITEM: 10 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. 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. ATTACHMENTS: 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 Board of Commissioners - January 8, 2024 ITEM: 10 Z23 21 Concept Plan Z23 21 TlA Approval Letter Traffic Impact Analysis Co\,er Sheet Z23 21 TIA Executive Summary Public Comments Coker Sheet Z23 21 Compiled Public Comments BOC Email Correspondence Coker Sheet Email Correspondence Compiled Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with staff conditions. COMMISSIONERS' ACTIONS: Applicant requested to withdraw the proposed item. *Note: Item withdrawn. Board of Commissioners - January 8, 2024 ITEM: 10 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 1-1, 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 I 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 - January 8, 2024 ITEM: 10- 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. b. 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 - January 8, 2024 ITEM: 10- 1 - 2 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): Bee Safe Porters Neck, LLC CIP Construction Company 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, General Residential & Urban Mixed Use R03700-004-189-000, R03600-006-082-000 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- (CZD) RMF-M 1, Light Industrial ZONING ♦ �� °�/'®�'A ZONING dys North y ' �a m�' \ 0 61 site ,mat, \� v B-2 I� ow 1-1 ts, fit,�l Qt � 0 R-15 aa° 0 R-20 RMF-L CZD canderlLn9'PI' N Hanover` Q Z23-21 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 Z23-21 Staff Report BOC 1.8.2024 Page 1 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 1 Offices & Light Industrial (directly west) Porters Neck West Shopping Center (Walmart), Doctors Offices (across 1-1 & B-2 Market St) 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 services are available through CFPUA. Sanitary sewer is available Water/Sewer 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 Z23-21 Staff Report BOC 1.8.2024 Page 2 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 2 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. Z23-21 Staff Report BOC 1.8.2024 Page 3 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 3 ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and 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 1 8% 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 1-1 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, 1-1 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. Z23-21 Staff Report BOC 1.8.2024 Page 4 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 4 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. 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 Z23-21 Staff Report BOC 1.8.2024 Page 5of21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 5 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 Z23-21 Staff Report BOC 1.8.2024 Page 6 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 6 Type of Roadway NCDOT principal arterial NCDOT minor collector Roadway Planning Capacity 41,369 10,979 (AADT) Latest Traffic Volume (AADT) 42,500 15,000 Latest WMPO Point -in -Time 49,785 15,392 County (DT) Current Level of Congestion Above planning capacity Above planning capacity NEARBY NCDOT STIP ROADWAY PROJECTS - Access management improvements from N. College Road to Station Road and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive intersection. U-4902D — Market Street - Installation of a center median and pedestrian Improvements accessways along Market Street from Middle Sound (Per NCDOT documents, Loop Road to Marsh Oaks Drive. The pedestrian proposed to be completed in accessways will consist of a 10-foot wide multi -use path 2023 but will likely be 2024- on the eastern side of the street and a 5-foot wide 2025) 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 Traffic Generated Generated by Present Traffic Potential by Present Designation(B-2 Generated by Impact of Designation � Proposed Proposed (R-15, 75 22(B-2 sq Designation Designation du) ft retail) AM Peak Hour Trips 53 53 131 +25 PM Peak Hour Trips 71 148 170 -49 Z23-21 Staff Report BOC 1.8.2024 Page 7 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 7 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 348 Dwelling Units- Multi -Family (low rise) residential. Analyzed - Market Street and Hays Lane/Commercial Driveway - Market Street and Cypress Pond Way - Market Street and Porters Neck Road Study Intersections - Porters Neck and Brays Drive (Site Access 2) - Market Street and Site Access 1 - 131 AM peak hour trips Trip Generation - 170 PM peak hour trips - 2,306 average daily trips Traffic Data Collection - September 13, 2022 - 60% to/from the south on Market Street Trip Distribution and - 40% to/from the north on Market Street Assignment - 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. Approved - Primrose School of Mayfaire, 191 -student daycare. Developments & - Planned Roadway/Intersection Improvements Background Growth o Military Cutoff Road Extension (TIP U-4751 ), opened October 2023 - Full Build — 2023 Z23-21 Staff Report BOC 1.8.2024 Page 8 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 8 - Growth Rate — 1 % per year 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 Required Improvements 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 Z23-21 Staff Report BOC 1.8.2024 Page 9 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 9 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. 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 75 residential units Approximate** Total: 16 Current Zoning (8 elementary, 3 middle, 5 high) Z23-21 Staff Report BOC 1.8.2024 Page 10 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 10 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 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) Total Enrollment of Capacity of Capacity of Funded or Level NHC School Assigned Assigned Assigned Planned Capacity School School School Capacity w/Portables Upgrades Elementary 90% Porters Neck 655 549 1 19% Yes*** Middle 88% Holly Shelter 818 991 83% None High 100% Laney 2251 1927 116.8% None *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. Z23-21 Staff Report BOC 1.8.2024 Page 11 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 11 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 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 Through planned growth and development, supply to a level of one residential unit per residents have access to their basic needs. 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. Z23-21 Staff Report BOC 1.8.2024 Page 12 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 12 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 Natural areas and critical environmental be jurisdictional wetlands subject to Army features are enhanced and protected. 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. Representative Developments Representative Developments of R-15 (Existing Zoning) Z23-21 Staff Report BOC 1.8.2024 Page 13 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 13 Cottage Grove -2 Retail Development along Major Road Corridor Representative Developments of Townhomes (Proposed Zoning,/Land Use) Plantation Village Z23-21 Staff Report BOC 1.8.2024 Page 14 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 14 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 1 970'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. Z23-21 Staff Report BOC 1.8.2024 Page 15 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 15 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE �° ♦ � ��e�� , ° �o �T6 chdb�s, A ♦ � Future Land Use . ,yy�� GENERAL RESIDENTIAL aq� .♦.. ,� �� QY � � URBAN MIXED USE ado ro COMMUNITY MIXED USE pj- "go � �Jt� � CONSERVATION Z23-21 Staff Report BOC 1.8.2024 Page 16 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 16 Urban Mixed Use and General Residential Future Land Use Because of the general nature of place type borders, sites located in Map Place Type proximity to the boundaries between place types could be appropriately developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. 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. Place Type Description 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. Z23-21 Staff Report BOC 1.8.2024 Page 17 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 17 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 Analysis 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. The proposed RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densities that Consistency are appropriate for properties located in both the Urban Mixed Use and Recommendation 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. Z23-21 Staff Report BOC 1.8.2024 Page 18 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 18 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. Z23-21 Staff Report BOC 1.8.2024 Page 19 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 19 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. Staffs 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. Z23-21 Staff Report BOC 1.8.2024 Page 20 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 20 Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY the proposed rezoning. 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. Z23-21 Staff Report BOC 1.8.2024 Page 21 of 21 Board of Commissioners - January 8, 2024 ITEM: 10- 2 - 21 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z23-21 8100 Block of Market St B-2, 1-1, R-1 S RMF-M Gt�� CZD/ .�°� Site Sanderling-Pl ` r Fo0*0 s w s. BI of missioners - Jar° 8, 2024 �j EM: 10- 3 - 1 /f �''`-� Lw` R-15�� Zoning B-1 Q'O B-2 ,1 O&I 0 R-15 ' T 0 R-20 0 RMF-L Y, 0 CITY CZD Z23-21 NC rnca- Site Address: Z23-21 8100 Block of Market St Existing Zoning/Use: B-2, 1-1, R-15 Proposed Zoning/Use: RMF-M N A* o,. !ip Future Land Use ,�� o�y • GENERAL RESIDENTIAL VIA URBAN MIXED USE . COMMUNITY MIXED USE .. W CONSERVATION 0 Z23-21 missioners New anover ou„t,,r ITEM: 10- 4 Case: Site Address: Existing Zoning/Use: Z23-21 8100 Block of Market St B-2, 1-1, R-1 S ceded Ct u O U Irt, --< Site Proposed Zoning/Use: N RMF-M A* Nearby Properties a Z23-21 Parcels Within 510 ft Initial Application Documents & Materials Board of Commissioners - January 8, 2024 ITEM: 10- 6 - 1 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 (TRC Optional) mendation Decision 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) CIP Construction Company *See Attached Company Company/Owner Name 2 Address Address 201 N. Elm Street, Suite 201 City, State, Zip City, State, Zip Greensboro, NC 27401 Phone Phone 910-791-6707 (rep) Email Email aengebretson@paramounte-eng.com (rep) Board of Commissioners - January 8, 2024 Page 1 of 7 ITEM: 10- 7-donditional Zoning District Application — Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) 8100 Block of Market Street *See Attached Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification +�- 33.54 Acres (Rezoning Area) B-2, 1-1, & R-15. Landscape Contractor Undeveloped Urban Mixed Use General Residential 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: RMF-M Total Acreage of Proposed District: +/- 33.54 Acres Maximum Residential Density (if applicable) Maximum Non -Residential Square Footage (if 10.94 du/ac 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. *See Attached Board of Commissioners - January 8, 2024 Page 2 of 7 ITEM: 10- 7-8onditional 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. *See Attached 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): Multi -family Housing (Low -Rise) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 348 Dwelling Units AM Peak Hour Trips: 131 I PM Peak Hour Trips: 170 Board of Commissioners - January 8, 2024 Page 3 of 7 ITEM: 10- 7-&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. *See Attached 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 Board of Commissioners - January 8, 2024 Page 4 of 7 ITEM: 10- 7-6onditional 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? *See Attached Board of Commissioners - January 8, 2024 Page 5 of 7 ITEM: 10- 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) PEI 9 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 PEI Community Information Meeting Report (complete and signed by agent or all property owners) PEI 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. PEI Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning PEI 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 Board of Commissioners - January 8, 2024 Page 6 of 7 ITEM: 10- 7-&nditional Zoning District Application — Updated 06-2023 ❑ Documentation on soil types and infiltration rates if underground stormwater facilities N/A proposed E� One (1) digital PDF copy of ALL documents AND plans PEI 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) zAo Olt, (j' J r C•O.I? LA. Signature of Ap 'cant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. 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 at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - January 8, 2024 Page 7 of 7 ITEM: 10- 7 - 7 Conditional Zoning District Application — Updated 06-2023 PARAMOUNT 6 PJ G 1 hi F I I k 1 " [; I IV (.. 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(d)12aramounte-eng.com 910-791-6707 Lee Kaess, PLLC 3414 Wrightsville Avenue Wilmington, NC 28403 amy(aDleekaess.com 910-399-3447 1 22 C IN E M A D R I V E, W I L M I N G T O N, NO 2 8 4 0 3 P H: (9 1 0) 7 9 1 - 6 7 0 7 FAX: (9 1 0) 7 9 1 - 6 7 6 0 Board of Commissioners - January 8, 2024 ITEM: 10- 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, 1-1, 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 1-1 is included in order to provide the needed access to the remaining parcels to the east. B-2 •Oy' R-15 u p R-15 AI . r + to ems, V r R-15 f' HOC* �c B 2 ' . ` ��`" posy � r c� ___ Subiect Site R-15 CAS J� A y c' �ANOi RANG d. .�^ 3 .r � - �l rq G R 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 - January 8, 2024 ITEM: 10- 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 Conditions) 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 - January 8, 2024 ITEM: 10- 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. COMMUNITY MIXEDUSE*°{ r+C Porters Neck a URBAN Growth Node mo- MIXED USE Subject Siie �X w 4 .dPE �N9egLvlGPJ• c l // P�� FCOMMUNITY gas°ate =e� GENERAL �p -0�ac�o MIXED USE �'� \ RESIDENTIAL �'^p / 4g 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 - January 8, 2024 ITEM: 10- 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. CSA (New Tahle 5 Percentof 1EF < 30% Hanover County) Housingi •Needed. i i < $25,560 Housing Gap Estianates-Nninber _ < $639 of Units Needed I I 2,344 I I I I 2.787 31%50% $25,561-$42,600 $640-$1,065 1,792 1,968 51Y160% $4260I-$51,120 $1,066-$1,278 1,772 1,231 61% 80% $51,121-$68,160 $1,27941,704 2,359 1,431 819/,120% $68,161-$102 240 $1,705-$2 256 3,002 1,796 121%+ $102241- $2,557+ 878 1.563 TOTAL LNM 12,147 10,776 < 30% < $25,560 <$95 200 1,294 1,228 31%50% $25,561-$42,600 $85201-$142,000 1,670 862 51Y,60% $42,601-$51,120 $142,001-$170,400 1,784 1,165 61%80% $51,121-$68,160 $170,4014227200 2,216 1,471 8194o-120% $68,1614102,240 $227201-$340,800 3,746 3,659 $102241+ $340,801+ 6,165 4,632 �121916+ TOTAL L7Nm 16,875 13,017 Note: Number of units assumes product is marketable, attardable and in a marketable location. Variations of product types will impact the actual number of units that can be supported. Additionally, incentives and'or government policy changes could encourage support for additional units that exceed the preceding projections_ Housing Gap Estimates - City of Wilmington & New Hanover County Housing Needs Assessment Update Board of Commissioners - January 8, 2024 ITEM: 10- 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 - January 8, 2024 ITEM: 10- 7 - 13 NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address CIP Construction Company Bee Safe Porters Neck LLC 8138 Market Street Company Owner Name 2 City, State, Zip Wilmington, NC 28411 Address Address Parcel ID 201 North Elm Street, Suite 201 201 North Elm Street, Suite 201 R03600-005-006-002; R03600-005-007-000 City, State, Zip City, State, Zip Greensboro, NC 27401 Greensboro, NC 27401 Phone Phone Email Email Case Number Reference: Date/Time received: Received by: This document was willfully executed on the Z"" Owner 1 Signatt V day of c.'zoge-► — , 202-3 Owner 2 Signature Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 14 09/14 NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR APPOINTMENT OF A GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Paramounte Engineering, Inc. Bee Safe Porters Neck LLC 8138 Market Street Company Owner Name 2 City, State, Zip Wilmington, NC 28411 Address Address Parcel ID 122 Cinema Drive 201 North Elm Street, Suite 201 R03600-005-006-002; R03600-005-007-000 City, State, Zip City, State, Zip Wilmington, NC 28403 Greensboro, NC 27401 Phone Phone 910-791-6707 Email Email aengebretson@paramounte-eng.com RMIMM Case Number Reference: Date/Time received: Received by: This document was willfully executed on the z'`'c> A-,, Owner 1 igna re day of (JLToScI,- , 20Z-S Owner 2 Signature Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 15 09/14 NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Informatiion Property Owner(s) Subject Property Name Owner Name Address Lee Kaess, PLLC Bee Safe Porters Neck LLC 8138 Market Street Company Owner Name 2 City, State, Zip Wilmington, NC 28411 Address Address Parcel ID 3414 Wrightsville Avenue 201 North Elm Street, Suite 201 R03600-005-006-002; R03600-005-007-000 City, State, Zip City, State, Zip Wilmington, NC 28403 Greensboro, NC 27401 Phone Phone 910-399-3447 Email Email amy@leekaess.com Case Number Reference: Date/Time received: Received by: This document was willfully executed on the Z^''-" Owner 1 Signatur day of 0 c-ro ,eYZ Owner 2 Signature , 20 Z3 Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 16 09/14 NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Lee Kaess, PLLC Parham Herbert E N/A Company Owner Name 2 City, State, Zip Wilmington, NC 28411 Address Address Parcel ID 3414 Wrightsville Avenue 8304 Bald Eagle Lane R03700-004-147-002; R03700-004-148-000; City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28411 R03700-004-189-000 Phone Phone 910-399-3447 Email Email amy@leekaess.com Case Number Reference: Date/Time received: Received by: This document was willfully executed on the Z^'o Owner 1 Signature day of D�-Torswv2 Owner 2 Signature , 20Z3 Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 17 09/14 NEW HANOVER COUNTY PLANNING & LAND USE A UTHORITY FOR APPOINTMENT OF A GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address CIP Construction Company Parham Herbert E N/A Company Owner Name 2 City, State, Zip Wilmington, NC 28411 Address Address Parcel ID 201 North Elm Street, Suite 201 8304 Bald Eagle Lane R03700-004-147-002; R03700-004-148-000; City, State, Zip City, State, Zip Greensboro, NC 27401 Wilmington, NC 28411 R03700-004-189-000 Phone Phone Email Email Case Number Reference: Date/Time received: Received by: This document was willfully executed on the Z N� day of Dc--ro�rr , 20 23 a Owner 1 Signature Owner 2 Signature Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 18 09/14 NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR APPOINTMENT OF A GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Paramounte Engineering, Inc. Parham Herbert E N/A Company Owner Name 2 City, State, Zip Wilmington, NC 28411 Address Address Parcel ID 122 Cinema Drive 8304 Bald Eagle Lane R03700-004-147-002; R03700-004-148-000; City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28411 R03700-004-189-000 Phone Phone 910-791-6707 Email Email aengebretsonQa paramounte-eng.com Case Number Reference: Date/Time received: Received by: This document was willfully executed on the Z Nf> day of 0z-zo8t.2— , 20 Z3 C Owner 1 Signature Owner 2 Signature Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 19 09/14 PARAMOU-NTE I�•�_•_��Zi_1141 t 7 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 50036'43" E - 665.40 feet to an iron pipe found; Thence with the line of Deed Book 3991 at Page 194 the following courses; S 37007'29" E - 119.48 feet to a point; N 39016'36" E - 330.61 feet to a point; S 50051'12" E - 115.22 feet to a point; N 39013'54" E - 159.89 feet to a point; S 50043'37" E - 150.28 feet to a point; S 47058'31" E - 48.48 feet to a point; Thence with the line of Deed Book 4621 at Page 572 the following courses; S 48039'35" E - 76.70 feet to a point; S 48039'35" E - 429.60 feet to a point; N 39016'50" E - 13.73 feet to a point; S 48010'56" E - 121.47 feet to a point; 1 2 2 CINEMA D R I V E, W 1 L M I N G T❑ N, N C 2 8 4 ❑ 3 P H ( 9 1 D) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 D) 7 9 1 - 6 7 6 ❑ Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 20 S 48047'43" E - 581.52 feet to a point; S 41004'45" W - 310.56 feet to a point; N 48059'49" W - 121.39 feet to a point; S 42033'l 1" W - 754.02 feet to a point; N 60015'55" W - 73.44 feet to a point; N 56032'23" W - 97.76 feet to a point; N 46031'30" W - 53.69 feet to a point; N 39008'24" W - 44.45 feet to a point; N 46030'28" W - 33.78 feet to a point; N 25034'58" W - 77.19 feet to a point; N 11 047'49" W - 100.05 feet to a point; N 32019'49" W - 220.05 feet to a point; N 05004'33" W - 73.18 feet to a point; N 07024'33" E - 46.49 feet to a point; N 15029'46" E - 41.14 feet to a point; N 64047'O1" W - 423.17 feet to a point; N 04048'48" 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 50036'43" 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 42024'01" 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. 1 2 2 C I N E M A D R I V E, W I L M I N G T❑ N, N C 2 8 40 3 P H ( 9 1 D) 7 9 1 - 6 7 ❑ 7 F a X: ( 9 1 D) 7 9 1 - 6 7 6 ❑ Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 21 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) 8100 Block of Market Street; 8138 is the closest address see attached to Market Street Meeting Date and Time Original date was 8/31/23 but canceled due to Hurricane Idalia; Revised Date: 9/28/23 from 4-7PM Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid in person Lutheran Church of Reconciliation 7500 Market Street, Wilmington, NC 28411 Selection Criteria for Location a place that could hold 400 people and that would not turn us away because the meeting is about development in the community. Meeting Summary Issues and Concerns Discussed at Meeting see attached Board of Commissioners - January 8, 2024 Page 1 of 2 ITEM: 10- 7Co?Wnunity 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) *see attached 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 PEI pp A list of the names and addresses of invitees and copies of any returned mailings received to date PEI ❑X A copy of the mailed notice with all attachments PEI ® A copy of all materials distributed or presented at the meeting PEI 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] 9/15/23 . 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. 7011sOa Fge6�etso�, leZ74 Allison Engebretson, Paramounte Engineering Signature of Applicant or Applicant's Agent Print Name 10/1 /23 Date Board of Commissioners - January 8, 2024 Page 2 of 2 ITEM: 10- 7Co4unity Information Meeting Report — Approved 06-2022 PARAMOU-NTE E N G I " E E FZ I iV G, I N C. August 18, 2023 Cancelled due to Hurricane Idalia 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 marketstreetthkgmail.com We will follow-up with meeting information after the August 3Vt 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 31" Meeting Location: Lutheran Church of Reconciliation 7500 Market Street, Wilmington, NC 28411 1 2 2 C I N E M A D R I V E, W I L M I N G T ❑ N, N C 2 8 4 ❑ 3 P H : ( 9 1 ❑) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑ Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 24 PARAMOU-NTE E N CG I " E E FZ I iV G, I N C. 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 31 s% 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 marketstreetthggmail.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 28`h Meeting Location: Lutheran Church of Reconciliation 7500 Market Street, Wilmington, NC 28411 1 2 2 C I N E M A D R I V E, W I L M I N G T ❑ N, N C 2 8 4 ❑ 3 P H : ( 9 1 ❑) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑ Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 25 Site Data Parcel PINS: Total Overall Site Acreage: Site Area in COD: Current Zoning: Proposed Zoning: Proposed Development Data Total Proposed Units: Proposed Density: R03600-005-007-000 R03600-005-006-002 R03700-004-147-000, R03700-004-148-000, R03700-004-199-000 R03600.006-082-000 (a portion of) + 33.54 ac + 1.72 ac B-2, 1-1,15 R-15 RMF-M (Medium Density Multi -Family) 348 units'" 10.94 dulac (after removing COD area) Open Space Requirements 20% Open Space = t 611 ac Required Provided Open Space = + 9 ac Provided Dimensional Requirements - 2 & 3 Story Buildings Proposed as Performance Residential Multi -Family .I G�'fevG �Eh�iY: 'i—v`aoN YS rJo7 �'jl'1�{1 iG V Ih!(al_lr�V{ajyapJ7 +iW-W wi .I r - 1 oli r dl OWN � 1 awl bi 'I ^l !!! i� ! f fi►A u �K16 +v el 11 JI ( LZ l l + 5 Prepared by PARAMOUNTE • 122Cinema Dri+ a_ wamiayw�. Nunn Csrouru zlWo3 . (910)791-6707(0) (910)M-6760(F) NC License 9: C-2846 Date: 2 June 2023 Scale: 1"= 100' A124' x 36' North 0' 50' 100' 200, RR a� I-�/ Pre liminary1 Not For Construction- This site plan is a graphic representation and should'KeoR,10.9fdi5Comm�iiss�s Sogef1Ss si1JTarn ppol(+ma8,20iing conditions relating to structures wetlands, roads, parking, vegetation and property boundaries. Plan components may change based upon regulalb�rjun�c{�al r7gulaand requirements at the time of approvals and or development activity. Conceptual Master- Plan Market Street Townhomes New Hanover County, North Carolina i +b k R� r •c� '�71 r 1 d rl 4iJ4 TiAM ir [61 L --Nk App d E i i : f ��^�,1 a1�-�"i' 'r .- - I ..t ' .I.'�• i � ' .�, x,,1X[. 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'; �'� �' 3► .�►-• �i' _ `�"Z'• _ + - ...� . .,�•�[ i- � '�� tl' ,'t^'.4r, � '� r '� i�'i'.•4 - .4;. -i. � b� . ` _`,- - � F.:'�•� - • t I "'�'.� ,a ism �, - � � - .� " I ! " � i i • w ] f " �.' .` .� °�'- .+ r A' ' ` >_ ; ` � yi+" ~•� • ;. ,� r +w _ 'S7 c ! f> I � t ' :�`� Yl d rm .i+ 1,. t• 1 7. tr} � , � \ ki rl�, r J; 1 j f� .�di[. + •-r .�i' - .'- , T� Y` � './s:- s�'. •,,r r( �._ ^� . f 77,1.T �. 1 `� �T .lid .+ 5�; •� "t ` j ' i f "' � i ,Y.l �,I, .t • 71 ^7 I� • Ir 40o •�/` ter_ ��,.` - 4 F. t , . r.f l 1 iM •'. r. `..��i fF F• _ � `F �� Is ��.s� t- � i- .`• �S�} I q • ' !' • '' ,yam � �', ,:• ^ �j�' r - 'r ti"- r` +' r, * - _ � * � � I ' r. .go issioners - Ila � T I -*I,_ I� . tl lak,4i I 1 7,i 1 _-Qlw_� pr Alt ~tit - .TI. Y + + µ• JG a j i + y Or i- _i, •f 1- i f' i Y r,sY al •*� 50VL FLIP rip # d of Commissioners - I 1� II 1 '!!Now, — I I F I I DTI 1 J � �* 1 • f L1 WL- a 1 le I- .. IVY••r 40- A', 7 — _7v Am A AedS& W -S - . p -460-4 WAJPffWi'� 4 Loll rr I,ir� ...:.i•� _ _�J�$•�_ y :.7;1 Jsar4i�Eh°Is' HP ly BECK F MORGAN L•� C4 7 U 1Y Community Meeting Supplemental Information - Market Street Townhomes Development Team Attendees: CIP Construction: Paul Smith, General Counsel and VP of Legal Affairs Craig Carlock, COO Greg Wosaba, SR VP of Construction 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 Proiect 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 construction traffic, from our proposed development will be allowed access to Porters Neck Road through adjoining neighborhoods. This access will either be siren activated 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 additional surface parking is provided so the bulk of residents' access is separated from the general site circulation throughout the site. S. 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 - January 8, 2024 ITEM: 10- 7 - 30 7. Townhomes 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 conditional 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 existing 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 times 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 residential neighbors. 2. We pulled buildings to the center and toward Market Street to give space between the neighbors and this project. 3. We expanded vegetative 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 residential 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 potential visual or audible imposition 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 residential neighbors. (We still preserve the creek/wetland area). 6. We recognize this site as a transition 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 existing 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 still exceeds the minimum buffer width. After the community meeting, we further refined this area as described in the plan changes section below. Communitv Meeting Comments & the Plan's Evolution After the Communitv Meeti The majority of community meeting attendees live in Porters Pointe, the neighborhood immediately to the north of the site and with the Brays Drive Emergency access connection. 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 - January 8, 2024 ITEM: 10- 7 - 31 While there were comments received about wanting no development, no townhomes, or not this much density or development that causes additional 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 meeting materials. One person expressed extreme non-support for the project, and others asked questions about buffers similar to the questions asked during the community meeting and as further described below. The team's traffic consultant fielded many questions 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 meeting, 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 questions from Porters Crossing were about the type of buffer to be installed and discussion of the existing 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 location. However, we have not completed engineering at this time, so we would prefer to choose the best buffer when we have additional information. 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 plantings will be used. 2. Marsh Oaks attendees asked questions about the existing thick trees remaining between their neighborhood and this proposed development. They also asked questions about the ditch/creek between the two properties. One HOA representative relayed good information 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 question if we would connect a road to the neighborhood. Response summary: Development team members confirmed the thick vegetation is largely to remain. Because of this thick vegetation and existing wetland and creek, no road connection is proposed. Also, there is no available land to make a connection 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 representative agreed to compare surveys and work together on ditch maintenance for their respective properties. This conversation is on -going at this time, 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 time, we understand this side of the project site is the low point and project's stormwater outfall. 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 wanting 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 - January 8, 2024 ITEM: 10- 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 meeting 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 multiple requests to move some of the townhome units away from the closest homes. We had requests to consider a fence and thick vegetation 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 amenities and otherwise cause trouble in the Porters Pointe neighborhood. Questions 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 construction traffic will be allowed at this access either. The buffer type has not been selected at this time, but we will certainly consider a fence in this location. The intent is to provide a thick vegetated buffer that discourages pedestrians traveling between the neighborhoods. No sidewalk connection is proposed between the developments. Our development will have its own amenities for residents. After the community meeting, 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 - January 8, 2024 ITEM: 10- 7 - 33 Date: 9/28/23 To: Paramounte Engineering, Inc. CIP Construction Company From: Lily Salisbury Shackleford Drive, Porter's Pointe Re: Concerns re: rezoning request from B--2, I-1, and R-15 to RM F- M I do not support rezoning of the property adjacent to Porter's Pointe development, the site that formerly operated as a farm/nursery and landscaping business. I support maintenance of its current zoning B-2, I-1, and R-15 . My concerns regarding increased density (RMF- M) include, but are not limited to: a. Noise pollution. Townhomes, especially the extraordinary number proposed, will precipitate an enormous increase in vehicular noise, with the clangor of garbage trucks and weekly garbage collection. 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 densely populated zip codes within New Hanover County. Decreased tree retention within the proposed townhome development (compared to single family homes) would serve to accelerate this degradation of air quality. c. Undisputed diminution of home values of surrounding single family neighborhoods: Marsh Oaks, Porters Crossing, Porter's Pointe. d. Decreased greenery - lawns, landscaping, trees - when compared to single family home developments. This has detrimental impact on wildlife, particularly birds. Increased paving of roads and parking areas leads to more problematic storm drainage, already an issue in New Hanover County. e. Light pollution. Yes, single family home developments come with streetlights and individual interior and exterior lights. Tall townhomes would give rise to increased number of lights from even higher elevations, creating a source of never-ending harm to established neighboring developments. - Board of Commissioners - J ITEM: 1 COMMUNITY MEETING SIGN -IN SHEET CIP Construction Company, Inc. and Paramounte Project: Engineering, Inc. Proposed Townhome Meeting Date: September 28, 2023 Community/8138 Market Street, Wilmington 28411 Place/Room: Lutheran Church of Reconciliation, 7500 Market Street Wilmington 28411 Name Phone E-Mail e (A gyp -22-6 `fz uSs tD c W7 Al t__, cc),,+.►.` n �iG- ��z� 9i� �isJ�3 �� -�s ��✓s� Eoz, e, KA -s) 4 06 CU Bch ►4, ' fi7 62 ad cc*n I*) k C",ufX)()aWZ2Z) -Lk -7 - 6� Z _�01( a C' ad' 7,,,, � `\0 H—\6 C,' V-hm q &V )o Qr a 7 e �Qol.eo►`� �I10.- `,Lt(., -.z�� { ��V'3L{ 0 sla(,coi"` Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 35 COMMUNITY MEETING SIGN -IN SHEET r�. CIP Construction Company, Inc. and Paramounte Project: Engineering, Inc. Proposed Townhome Meeting Date: September 28, 2023 Community/8138 Market Street, Wilmington 28411 Place/Room: Lutheran Church of Reconciliation, 7500 Market Street Wilmington 28411 Name Phone E-Mail eve �,, �✓ ��03-�� s ��.�-�� i�� (-19m c��S�1�c�1.QOry 1�2� r© nn e, _ 7 0 �v vo - �- ;1 ^ Cul - Cry)��c re��m I�� N�-.CC Ok 703 S U O Im kCcv 10 0ti Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 36 COMMUNITY MEETING SIGN -IN SHEET CIP Construction Company, Inc. and Paramounte Project: Engineering, Inc. Proposed Townhome Meeting Date: September 28, 2023 Community/8138 Market Street, Wilmington 28411 Place/Room: Lutheran Church of Reconciliation, 7500 Market Street Wilmington 28411 Name Phone E-Mail -OD AB U IftV��j �� 2 - _ 0/m. Q l"Aog L C%Jti �Ci C' - "IUD%`. ✓ •CG Vr Vt c �S a,-(o `f(o . -f ° 'ems --.0 0 10 m (.�� t en�-C' ►'� �-1 c i �L1rv�l� ! 01- 3 k l �� ' � q a cJ s'v"' V" t- L �io 6,Z c9c�' SS rl T"ct- AV e� tom. R0, LA c 10 -3 tj - 1. cAQ 6k1 o-( AD -(9( �f a. e 21, ; c_*-haL . ca m 111 KL- Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 37 COMMUNITY MEETING SIGN -IN SHEET CIP Construction Company, Inc. and Paramounte Project: Engineering, Inc. Proposed Townhome Meeting Date: September 28, 2023 Community/8138 Market Street, Wilmington 28411 Place/Room: Lutheran Church of Reconciliation, 7500 Market Street Wilmington 28411 Name Phone E-Mail �k �E U S qp- 0vS p(C��;cP�S—, Cal tL-�_ At "t6�L �'��► -erg i�-� T Sco V1%`� to-Z31-5Z Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 38 Market Street Townhomes - (500' List Provided by NHC; Community Meeting Additional Properties Notification List Included & Updated for rescheduled mtg) 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 AN 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 1313 FOLLY ISLAND CT IWILMINGTON, NC 28411 ASHLEY L FEDOROV 18017 MARSH REACH DR IWILMINGTON, NC 28411 Board of Commissioners - January 8, 2024 ITEM: 10- 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 DANIELS 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 VICKYJ 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 0 KNIGHT 8127 FURTADO DR WILMINGTON, NC 28411 ROCHELLE E KREINER 8125 PORTERS CROSSING WAY WILMINGTON, NC 28411 DONALD E & DEBRA J LAHNUM 18201 FURTADO DR IWILMINGTON, NC 28411 DEBRA K LAMB REV TRUST 117412 GLACIER WAY APT 312 ILAKEVILLE, MN 55044 Board of Commissioners - January 8, 2024 ITEM: 10- 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 & 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 - January 8, 2024 ITEM: 10- 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 ROBERTJ & 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 IWILMINGTON, NC 28411 RICHARD W WILSON 8133 PORTERS CROSSING WAY IWILMINGTON, NC 28411 Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 42 DAVID T & JESSICA M YACKEL 18243 PORTERS CROSSING WAY IWILMINGTON, NC 28411 ROBERT L YUNASKA 16777 MARKET ST IWILMINGTON, 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 BRITTANY A RIDENOUR LAURA W HEARN MARK & LORI GREEN TRUSTEES ELEANOR C & JAMES R BUCKINGHAM SR SIMONE M GRACE DANIEL M SULLIVAN MONICA D CARAWAN DONALD P & WANDA B VARIOT JOSHUA DAVID & JESSICA ANN BERTOVICH MARY E & TIMOTHY R DOBBS TRACEY ALTMAN 8239 BRAYS DRIVE WILMINGTON, NC 28411 8243 BRAYS DRIVE WILMINGTON, NC 28411 8247 BRAYS DRIVE WILMINGTON, NC 28411 8251 BRAYS DRIVE WILMINGTON, NC 28411 8255 BRAYS DRIVE WILMINGTON, NC 28411 8259 BRAYS DRIVE WILMINGTON, NC 28411 8263 BRAYS DRIVE WILMINGTON, NC 28411 303 HUGHES CIR WILMINGTON, NC 28411 307 HUGHES CIR WILMINGTON, NC 28411 311 HUGHES CIR WILMINGTON, NC 28411 315 HUGHES CIR WILMINGTON, NC 28411 319 HUGHES CIR WILMINGTON, NC 28411 Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 43 pARA _N4oUZa4TE 122 Cinema Drive Wilmington, NC 28403 Mcr"sam. 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F 3 APT 312 LAKEVILP UNABLE TO FORWARD 2is4 9 22=0348-a4o's0-I -.- - iil„l:iilli1ililrrllfffl�fl�l�a:l��{'l�iilt Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 44 PAR MOUNTE 122 Cinema Dxive Wilmington, NC 28403 pARA MOL7N'I`E 122 Cinema Drive Wilmington, NC 28403 DWc�,�w�Mp+Ut* 8I10I7.3 i'*A Tb,aN D C o Rd'° C C/o a, ueNN ?� LF.Ar t»!'IZOPERTIF,S ATY()R7'RRC NECK IJr Po 6338 ULx WILMTNCjI I E 276 r= 3. 1i j 5 f 2 3 RE`r°URN TI] SE—RDER NOT, DELZV'E��AELE AS "RESSED LKA3L E Tr 7-ORWARD UTF SC'. 28403149922. *0348-03959-3.9-4c � B C 33i Ci 1i''1'i�l`t ... ii''►`1i31'1"4l�} go AimP-05 FW14D L Htri'SOAIiNlE.f 8232Y,TE 27 6 DE 1 i3068/25 /23 WILML RETURN TO SENDER 'v AC AN T q RD VAC Br-' 28403149622 *0348-0394.0-�3.9-41 2fs�€4�ee RE►=1ii��}�ikiit3t,��i}`l��i�}:t��k��}}`��,��Ey�tE��;�,} .e Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 45 �ARAMOLJ�TTE 122 Cinema Drive Wilmington, NC 28403 �R1�a1NA�. MAll.a-lcq OsIzz PORTERS POINTE HOA 8271 BRAYS DRIVE WILMINCT I X.1 E 274. DE 1 0008124 t90 S.00H NUMBER 3 c. ! Z E q4 04 2 '1 4 9 0 {2 ? .G��C-�i�"F-�iT= i'��E- ;'4i �i1��1911111'4i�1"I�fI�i�III1��111�I kk4klikll�lll�l9f 111 Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 46 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 SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA Development Proposal Analyzed (number and type of residential units and/or square footage and land use code of non-residential structures) SEE PROJECT APPROVED TIA Study Intersections SEE PROJECT APPROVED TIA Traffic Data Collection Date(s) SEE PROJECT APPROVED TIA Trip Generation SEE PROJECT APPROVED TIA Board of Commissioners - January 8, 2024 Page 1 of 2 ITEM: 10- 7Cor,7munity Information Meeting Report — Approved 06-2022 Trip Distribution and Assignment SEE PROJECT APPROVED TIA Approved Developments Considered SEE PROJECT APPROVED TIA Planned Roadway/Intersection Improvements Considered SEE PROJECT APPROVED TIA Approved Background Growth Rate SEE PROJECT APPROVED TIA Required Improvements (with phasing if proposed) SEE PROJECT APPROVED TIA Board of Commissioners - January 8, 2024 Page 2 of 2 ITEM: 10- 7C-J&unity Information Meeting Report — Approved 06-2022 Board of Commissioners - January 8, 2024 ITEM: 10- 7 - 49 Concept Plan Board of Commissioners - January 8, 2024 ITEM: 10- 8 - 1 �GT 140 ctic O AO �S P� 4- SITE �S 5��0 �, o� T o� 0 ti0 q eyy� ks DR O,Q VICINITY MAP NOT TO SCALE NORTH SITE DATA PROJECT ADDRESSES: PROPERTY OWNERS: PARCEL PINS: PROPOSED USE: FUTURE LAND USE CLASSIFICATION TOTAL PROJECT SITE AREA: CURRENT ZONING: PROPOSED ZONING: MAX DENSITY ALLOWED AS RMF-M: MAX PROJECT DENSITY PROPOSED TOTAL PROPOSED UNITS: MIDDLE UNITS (WITH GARAGE): END UNITS (NO GARAGE): DIMENSIONAL DATA BEE SAFE PORTERS NECK, LLC, HERBERT E PARHAM, AND ROBERT L YUNASKA 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) TOWNHOME (ROWHOUSE) RESIDENTIAL URBAN MIXED USE, GENERAL RESIDENTIAL, GROWTH NODE ± 33.54 AC (± 1.72 AC IN COD) B-2, 1-1, & R-15 RMF-M (RESIDENTIAL MULTI -FAMILY MODERATE DENSITY) 17 DU/AC (541 UNITS ALLOWED) 10.94 DU/AC (DOES NOT INCLUDE COD AREA) 348 UNITS 296 UNITS 52 UNITS 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 2T 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. 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 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. 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 LIDO. 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. PROPOSED EMERGENCY VEHICLE ACCESS GATE; SETBACK FROM PROPERTY LINE TO ALLOW VEHICLE ACCESS OUTSIDE OF ADJACENT NEIGHBORHOOD ROAD PROPOSED WIDENED BUFFER & OPEN SPACE ADJACENT TO SINGLE FAMILY NEIGHBORHOOD PROPOSED TRASH COMPACTOR SCREENED FROM ADJACENT PROPERTIES & LOCATED AWAY FROM EXISTING HOMES PROPOSED MOTOR COURT IN REAR OF TOWNHOMES, TYP.; ACCESS TO GARAGES & MAJORITY OF SURFACE PARKING FOR UNITS SCREENED FROM STREETSCAPE AREAS PROPOSED 9'x18' PARKING SPACES IN THE BACK OF THE UNITS, TYP. �1 PROPOSED MIDDLE UNIT WITH A GARAGE, TYP. — I II SANDERS FAMILY STORAGE LLC i I R03600-005-005-000 B-2 ° STORAGE YII � � ■ � ■ ■ � R,� i�' ii"� ■ ■ �"�IiWr_"fi"iVii°'i��G-■ - -� 25' IDE INTERIOR SETB T IUI I/ CLUBHOUSE/POOL v l / POOL HOUSE / o GRILL AREA I o - ,- �I 0 1 LO FBACK �1■. ■■T:o..: WLM PROPCO LLC R03600-005-008-000 B-2 RETAIL II 1 I I 1 III EXISTING SPECIMEN LIVE OAKS TO REMAIN AS ENTRANCE FEATURE TO NEIGHBORHOOD POTENTIAL EXIT GATE POTENTIAL ENTRY GATE PROPOSED 9'x22' PARALLEL SPACES; TYP.; PARALLEL SPACES PROVIDE VISITOR PARKING & RESIDENT OVERFLOW PARKING PROPOSED END UNIT WITH NO GARAGE, TYP. PORTION OF 1-1 LAND INCLUDED IN PROJECT FOR ACCESS TO REAR PARCELS EXISTING WETLAND IMPACT TO ALLOW ROAD ACCESS TO REAR LAND TOWNHOMES CLOSEST TO ADJACENT SINGLE FAMILY HOMES POSITIONED ADJACENT TO EXISTING COMMON AREAS STREETSCAPES THROUGHOUT PROJECT WILL INCLUDE SIDEWALK & STREET TIM TOWNHOME BUILDING, TYP; PORTERS POINTE HOA R03700-004-293-000 R-15 COMMON SPACE • I r ■ II I IQI ■ 11=1 Iw 1Fn1 M Iwl ■ a Izq } ICI a IUj ~ 101 o w v ■ Iw1 �u_J a Z " ■ a- o Z lal 0�0 Y I IU1 � o � W 2 a ■ I� 0q l � a EXISTING HEAVILY VEGETATED AREA TO REMAIN AS OPEN SPACE & BUFFER i Mi. winj EXISTING POND EXISTING EDGE OF NHC COD OPEN SPACE AREA, TYP. EXISTING EASEMENT, TYP. LEGEND ■ ■ ■ ■ SUBJECT PROPERTY LINE _ _ _ _ _ _ _ - PROPOSED POND WETLANDS PROPOSED BUILDINGS PROPOSED OPEN SPACE I I II KATHRY W MORG N PORTERS POINTE HOA I LARRY 3 MORGAN - 1 1 R03700-004-293-000 I R03705- 06-007-00 JOANN WAINIO I 1 1 R-15 R03705-0 6-012-000 1 COMMON SPACE SINGLE FAMILY RESIDENTIAL R- 15 ■ ■ �� I■ ■ ■ ■ ■ ■ — — ■ ■ ■ VACAN LAND DO ODAN 1` E BUFFER I '-UMMI _ — _ ■ ■ QIYONG WENG 1 CE RESIDENTIA— — — — — — — — — — — —� 20' TYP A BUFFER 13M ■ �� R03700-004-217-000 — r---- 30'�TTMA�-P O MAQE SI T L ---- _ NHC — ■ R-15 — / EASEMENT Y�3 — �¢� SINGLE FAMILY RESIDENTIAL \ \ NH -I DIAZ QUIROZ JESUS G ow� ■ ROSELINE H \ EXISTING POND 101 ■ R03700-004-216-000 R-15 ILU SINGLE_FA_MILY RES_ID_ENTIAL 1ZI w �THORNTON ROAD WET a m ■ INVEST �1 MENTS LLC ICI a R03700-004-215-000 IOI R-15 JQI SINGLE FAMILY RESIDENTIAL \ \ \ a o■ \ ATTHEWS a1 R03700-004-214-000 ISI R-15 s1�NGLE FAMILY RESIDENTIAL \ F` G �J _ _ /' 40 DRAINAGE AND J PUBLIC UTILITIES ® — r I r �� I - EASEMENT g I 1 ■ - ® Vi l I I I I I I ■ RICHARD W WILSON = / I R03700-004-295-000 1 R-15 I I I 11 ■ SINGLE FAMILY RESIDENTIAL 11� I DANIEL J MINES o a CL-SwIlI CAMERON P MINES p ® I I I ICI I R03700-004-296-000 1 z ■ R 15 1 _ I 15 SINGLE FAMILY RESIDENTIAL ROCHELLE E KREINER 1 R03700-004-297-000 Uj I I 1UI LL ■ R-15 I I 1Z 3 ■ SINGLE FAMILY RESIDENTIAL SNDA LIK ANGUISH PROPOSED WIDENED STEPHEN G ANGUISH BUFFER & OPEN I I I w 1- ■ R03700-004-298-000 SPACE ADJACENT TO IaII b ■ R-15 SINGLE FAMILY INGLE IQ N [�!_E�D��Rd_M I OUTHELY DRLANDL _ NEIGHBORHOOD ICI HILDA L SOUTHERLAND I I I 1, ■ R03700-004-295-000 ■ R-15 _ _ I I LE FAMILY RESIDENTIAL _ 1 I STEVE E LINDNER J I 11 ■ R03700-004-300-000 I ■ R-15 I I IN SGLE FAMILY RESIDENTIAL DEREK S REEVES R03700-004-301-000 PROPOSED • I — —/I/ I I 1 I 1 I ■SINGLE FAMILY RESIDENTIAL MAINTENANCE BUILDING ERE�D �♦ ------------- _ � �O�R \ CR C EPvoe� \ �� 2p TY 00 BEN vpGPBUE p00 I I I I 1 I PORTERS CROSSING HOA INC 1 go pp6.013 \\ III I I 1 ■ R03700R005011-000 �OBURG 1 Rp360p-R 15 ES\DEN�IPL \ ♦00000P"aE \\Y R \ "� I I I I _COMMON AREA \Z S\NG\-E 'D & 0F PM _ �F,\ _ _ _ __ PROPOSED STORMWATER POND I i I I I I ■ GNP 006 p12-00 \ - R\ R E6pp R RES\DENS\P` \ e — I I 1 I ■ PORTERS CROSSING HOA INC 1 S\NGL F PM\VY ♦ 1�" \ I I I I I I j T W T\\\ i I I I 1 I R03700 R0045191-000 NI I 1 I I COMMON AREA ��`•\ w \\ IIII 1I S o, ♦�■A;eRSR l N\ III \ (n (n o (n J \ \ wF \ N III I I a 0- W Z ♦\ f� \\ I I I I \ WW�� Q Uj Z 1 ♦ \\ �'Fr �� I/�I I 1 I DO I J O cr, \ N I Do Q Z I W Q 1 Q J I CO W co I z I- co c) O (11 COcO 1 0 O J Z_ 1 W�o�� I ��0 pW 1 goo W 1 'ji C vj > cn 1 -' W cfl�} I OJc`\\i � Qvi - 1 ZZ 1 o LU �ooLOx I �o w Sao I J p O �— Q �6 h \\ Q� a�Zo07 � 11 I wo�-' 1 �O� 0 CO 0 LL �_ I 11 co(DI W0M tL 1 (0 Q 1 a Z w co C� (/) I cn -I U W 2 Q I I I Z coIr Z GRAPHIC SCALE 0 50 100 200 400 SCALE: 1 "=100' Z O LU N w N Z w 0 < c� O 0 I� z vOw Lu J V N C7 U W0- Z _ ow C o 0 1` N G�00 p � N Z �• W N O 0 �I Z �Zo �W V H 0 0 hr-y 1�1 O 0 ��o Q U C4 Z co W wco Q 0 2 2 w N Q Q w Z I O Q ~ Q 0 _ z z o0 0 O LL J J w' J}z0 Z_ (D Q a (D LL U DQ�o Wgocwn >Z_ o > zz>W O U J J W 0a�� Q W J> U 0U)000 SEAL Board of Commissioners - January 8, 2024 ITEM: 10- 9 - 1 WMPO January 31, 2023 Mr. A. J. Anastopoulo, P.E DAVENPORT 5917 Oleander Drive, Suite 206 Wilmington, NC 28403 305 Chestnut Street PO Box 1810 Wilmington, NC 28402 Ph: (910) 341-3258 Fax; (910) 341-7801 www.wmpo.org RE: Approval with conditions of the Traffic Impact Analysis (TIA) 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 77 (Market Street) from ABC store driveway continuing up to the thru-right lane at the intersection of US 77 (Market Street) and Porters Neck Road. Wilmington Urban Area Metropolitan Planning Organization City of Wilmington e Town of Carolina Beach • Town of Kure Beach • Town of Wrightsville Beach County of New Hanover • Tr- Board of toPnmissioners - January 81- 2024:sa ■ County of Brunswick County of Pender • Cape Fear Pui.,i;c f r.,n #:U! i., ITEM: 10- 10 `- 1 i h u3 jh; i.; Department of Transportation Approval with conditions of Market Street Townhome Apartments (TIA) • Construct site access (westbound approach) with one ingress tone and one egress lane, and an internal protected stem of 750 feet, measured from the right-of-way line. • Provide stop control for westbound approach. If changes are made to the proposed site driveways and/or land uses, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, and New Hanover County, in which instance this approval would become null and void. The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road network. A copy of this TIA approval shall be included with any NCDOT driveway permit application. Al applicable NCDOT and New Hanover County technical standards and policies shall apply. Please contact me at (910) 473 — 5130 if you have any questions regarding this approval. Sincerely, 9`_rCy�i�f7 Scott A. James, PE Transportation Planning Engineer Wilmington Urban Area MPO Ec: Ben Hughes, PE, District Engineer, NCDOT Jon Roan, Deputy District Engineer, NCDOT Frank Mike, Assistant District Engineer, NCDOT Jessi Leonard, PE, Division Traffic Engineer, NCDOT Stonewall Mathis, PE, Deputy Division Traffic Engineer, NCDOT Krupa Koilada, Senior Assistant Traffic Engineer, NCDOT Bryce Cox, Assistant Traffic Engineer, NCDOT Ken Vafier, Director of Planning, New Hanover County Robert Farrell, Senior Planner, New Hanover County Julian Griffee, Planner, New Hanover County Mike Kozlosky, Executive Director, WMPO Jamar Johnson, El, Engineering Associate, WMPO Page 2 of 2 Board of Commissioners - January 8, 2024 ITEM: 10- 10 - 2 Traffic Impact Analysis Board of Commissioners - January 8, 2024 ITEM: 10- 11 - 1 DAVENPORT Transportation Impact Analysis Market Street Townhomes Wilmington, NC Prepared for CI Construction Company December 2, 2022 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. CAy 4- SEAL ` 01 6 6 N 0 This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Aver Suite PH1 5917 Oleander Drive, Suite 206 Winston-Salem, NC 27101 Wilmington, NC 28403 Main; 336.744.1636; Fax: 336.458.9377 Main: 910 251 .8912: Fax. 336.458.9377 Board of Commissioners - January 8, 2024 ITEM: 10- 12 - 1 0 DAVENPORT 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. 12/2/2022 220248 Market Street Townhomes Board of Commissioners - January 8, 2024 ITEM: 10- 12 - 2 J DAVENPORT • No improvements • No improvements • recommended recommended • Extend northbound left turn • Extend northbound left turn • - - • • lane storage by 50 feet to 300 lane storage by 50 feet to 300 feet with appropriate taper. feet with appropriate taper. . No improvements • No improvements recommended recommended . No improvements • No improvements _ recommended recommended • Install northbound right turn • Install northbound right turn lane with 150 feet of storage lane with 200 feet of storage and appropriate deceleration and appropriate deceleration and taper and taper • Design site drive according to • Design site drive according to applicable NCDOT and local applicable NCDOT and local standards. standards. 12/2/2022 220248 Market Street Townhomes Board of Commissioners - January 8, 2024 ITEM: 10- 12 - 3 Public Comments In Support Neutral In Opposition 10 Board of Commissioners - January 8, 2024 ITEM: 10- 13 - 1 Dickerson, Zachary From: noreply@civicpIus.com Sent: Monday, November 27, 2023 11:12 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7608 for Public Comment Form Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 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 Edmonds Address 108 Sir Clyde Road City Wilmington State NC Zip Code 28411 Email lames.albert.edmonds(a�gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Support project comment? Public Comment Housing prices are one of the biggest issues facing Wilmington - I know this community isn't alone there. The only solution is building more housing and this is a great start. The Board should consider blanket approval for all multifamily projects - and perhaps adding incentives to increase density for proposals. These townhouses could be apartments, for 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 1 example. I understand the concerns traffic and schools. But those concerns can be addressed when the city and county are receiving revenue from a larger and more stable/productive base of citizens. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 2 Dickerson, Zachary From: noreply@civicpIus.com Sent: Sunday, December 3, 2023 10:07 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7695 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 Lawrence Last Name Davis Address 361 Shackleford Dr City Wilmington State NC Zip Code 28411 Email larrydavis.46(a)outlook.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Neutral comment? Public Comment I have no problem with the zoning. What I disagree with is the proposal to allow "biking and walking" into our neighborhood, Porters Pointe. It makes no sense because there is no where to walk or bike EXCEPT in our neighborhood. We have one entrance/exit to Porters Neck Road. No person in their right mind would want to bike or walk on Porters Neck Road due to the non-stop and 45-60 mph traffic on that road. All that would happen is that residents in the new development would be able to walk around in our little neighborhood. Trash would 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 3 accumulate, criminals would case our homes, our pool would be overrun by the new residents, all possibilities. But the very real effect would be the overflow parking from the new development would be on our streets. Residents from the new development would be able to park on our privately maintained streets and walk to and from their dwellings. You and I both know that would happen. Young children, who have been free to travel on our sidewalks and streets would be at great risk with increased traffic. Let's use common sense here and not authorize biking and walking. Think if this would happen in YOUR neighborhood. Thank you, Larry Davis Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 4 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 1 (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 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 5 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 Drovince of the Porter's Pointe homeowners. to bear the conseauence 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. • 1 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. Limitina the number of units that are Dermissible for this site. miaht 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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 6 • 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 3 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 7 Farrell, Robert From: noreply@civicpIus.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 PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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. 4 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 8 File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 5 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 9 Farrell, Robert From: noreply@civicpIus.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 PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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 6 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 10 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 - January 8, 2024 ITEM: 10- 14 - 11 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. 8 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 12 Farrell, Robert From: noreply@civicpIus.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(ci)gmail.com Projects available for PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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. 9 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 13 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. 10 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 14 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 1 (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: cjtarrantl4@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 <fireyacuzzoll@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. 11 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 15 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 12 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 16 Farrell, Robert From: noreply@civicpIus.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(a)GMAIL.COM Projects available for PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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) 13 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 17 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. 14 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 18 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 1 (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; cjtarrantl4@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. 15 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 19 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 16 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 20 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 1 (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 Z23-218100 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. 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 v Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 21 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 Z23-218100 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 18 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 22 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 1 (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. 20 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 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. 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 21 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 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 1 (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Martha Kennedy <marthalken nedy85@gmail.com> Sent: Monday, October 30, 2023 6:33 AM To: jpetroff@cldeng.com; cjtarrantl4@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. 22 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 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. "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. 23 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 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 1 (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Brittany King <brittanykingl@yahoo.com> Sent: Sunday, October 29, 2023 10:46 PM To: tck3873@yahoo.com Cc: petroff@cldeng.com; cjtarrantl4@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 Z23-218100 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. 24 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 27 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 25 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 28 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 1 (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; cjtarrantl4@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 26 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 29 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 iim.buckin�ham@�mail.com 252-646-2475 Ellie Buckingham ebuckingham@ec.rr.com 252-646-4060 27 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 30 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 1 (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. 28 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 31 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 29 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 32 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 1 (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; cjtarrantl4@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 Z23-218100 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 30 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 33 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 31 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 34 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 1 (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; cjtarrantl4@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. 32 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 35 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. 33 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 36 Susan Milholland 980-621-4219 34 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 37 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 1 (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Stephanie Guanzini <swgl03@yahoo.com> Sent: Sunday, October 29, 2023 1:08 PM To: jpetroff@cldeng.com; cjtarrantl4@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 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. 35 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 38 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 ioanndaveg@vahoo.com Sent from my iPhone 36 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 39 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 1 (910) 798-7838 f kvafier@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Debby Lamb <sisul505@gmail.com> Sent: Sunday, October 29, 2023 12:13 PM To: jpetroff@cldeng.com; cjtarrantl4@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 Z23-218100 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 37 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 40 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) 38 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 41 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 1 (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 <cjtarrantl4@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. 39 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 42 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 40 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 43 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 1 (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; cjtarrantl4@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 Z23-218100 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- 41 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 44 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. 42 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 45 Detlef Hoffmann 43 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 46 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 1 (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 44 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 47 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. 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 45 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 48 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 46 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 49 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 1 (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: cjtarrantl4@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 47 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 50 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 48 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 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 1 (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; cjtarrantl4@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. 49 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 52 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 50 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 53 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 1 (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. 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 51 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 54 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 Z23-218100 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 52 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 55 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 1 (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; cjtarrantl4@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 Z23-218100 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: cjtarrantl4@gmail.com <citarrantl4@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 53 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 56 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 54 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 57 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 1 (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 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 55 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 58 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 56 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 59 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 1 (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; cjtarrantl4@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 Z23-218100 ** 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 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 57 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 60 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 58 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 61 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 1 (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; cjtarrantl4@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 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. 59 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 62 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. Debbie Manrique 8215 Brays Dr Wilmington, NC, 28411 60 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 63 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 1 (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; cjtarrantl4@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 politicians 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 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 61 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 64 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 62 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 65 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 1 (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; cjtarrantl4@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 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. 63 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 66 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. 64 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 67 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 1 (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 Z23-218100 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. 65 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 68 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 66 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 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 1 (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; cjtarrantl4@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 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. 67 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 70 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. 68 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 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 1 (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; cjtarrantl4@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 69 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 72 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 70 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 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 1 (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; cjtarrantl4@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. 71 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 74 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 72 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 75 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 1 (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; cjtarrantl4@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 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 73 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 76 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." 74 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 77 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 1 (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; cjtarrantl4@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. 75 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 78 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 76 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 79 Farrell, Robert From: noreply@civicpIus.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 PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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. 77 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 80 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. 78 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 81 Dickerson, Zachary From: noreply@civicpIus.com Sent: Thursday, December 7, 2023 6:39 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7759 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 Barry Last Name Gritton Address 8206 Porters Crossing Way City Wilmington State NC Zip Code 28411 Email BsgritC�gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment Adding more multi dwelling housing to this area of north market in porters neck will further harm the residents ability to navigate already clogged roads. The elementary school for this area is already over crowded sbd children are having to learn in trailers The additional number of cars that will be leaving the development yo access market street will be destructive and dangerous. The further clearing of land is concerning My neighborhood will border this new development and we are concerned about possible flooding from future storms. Clearing 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 82 and destroying more land in this area shows no logic in proper planning. This area is already over saturated with multi use housing. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 83 Dickerson, Zachary From: noreply@civicpIus.com Sent: Wednesday, December 6, 2023 11:04 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7744 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 Pearce Address 8247 Porters Crossing Way City Wilmington State NC Zip Code 28411 Email dannypearce24C@gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment I'm requesting that the board NOT APPROVE this project due to the negative impact it will have on the already traffic congestion problem we have on Market Street and Porters Neck Road. The additional traffic as well as the sight of the high rise buildings will have a negative impact on the quality of life we try to enjoy on a daily basis. It's already a struggle to get on Porters Neck Road due to the excessive traffic we encounter as a result of previous new developments in our area, as well as the new school. The people involved with this 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 84 project say it's going to improve the traffic situation in our area, we know that's not true, it's only going to make it worse. It's time for the people we elect to represent us and our interest to step up and DENY this project.... Please !! This area cannot safely handle the negative impact of this project !! 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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 85 Dickerson, Zachary From: noreply@civicpIus.com Sent: Monday, December 4, 2023 8:37 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7705 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 Esther Last Name Murphy Address 7235 Darden Rd. Apt. 127 City Wilmington State NC Zip Code 28411 Email edm1958(c�gmail. com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment This design stinks. And it goes to show how inept the planing department is. Permitting the Cardinal Storage Facilty to build in the easement throws the whole area out of whack with safe traffic flow on Market Street. Why doesn't the planning department look ahead into future developmental impact on traffic? Upload supporting files 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 86 Dickerson, Zachary From: noreply@civicpIus.com Sent: Monday, December 4, 2023 7:26 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7714 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 Hilda Last Name Southerland Address 8117 Porters Crossing Way City Wilmington State NC Zip Code 28411 Email HildalewsouC�gmail. com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment Z23-21 I am opposed to this proposed RMF-M at 8138 Market Street Rd. It is irresponsible to consider putting 348 single family attached dwelling unit in this overly congested area between Walmart and Porters Neck Road. At the Planning meeting it was suggested that Bray Drive(Porters Pointe) be used not only for Emergency Access but as a possible entranc/ exit for the proposed development. This would create more congestion on Porters Neck Road within 2 city blocks of the main intersection at Market just behind Harris Teeter. As a 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 87 resident of Porters Crossing it is almost impossible to make a left out of our neighborhood which is two streets further down. As a 12 year resident of Porters Crossimg this proposed development backs up to my property. While I understand that this property will be developed, it is my fervent hope that the NHC Board of Commissioners will consider something more in line with the neighborhoods surrounding this proposed higher density development -Porters Pointe, Marsh Oaks, Lantana Drive, Porters Crossing, Blue Pointe and others down Porters Neck Road. At the Planning Meeting all but one member expressed concern regarding traffic and density. When the developer was questioned about affordable housing and whether these units will be rentals or for sale the developer said there was no consideration for affordable housing and he did not know if the units were for sale or Iease..As a native Wilmingtonian of 71 years, I found his response ludicrous... Again, I am not opposed to development but just on a much less dense scale-- Single family or higher end duplexes would be more appropriate to this area. 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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 88 Dickerson, Zachary From: noreply@civicpIus.com Sent: Wednesday, November 29, 2023 7:29 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7652 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 Holly Last Name Tucker Address 427 Sugar Cove Run City Wilmington State NC Zip Code 28411 Email hollyatucker.dc(c gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment More high dentistry housing in Porter's Neck area will overwhelm our traffic and school systems. Parents are already struggling with overcrowding and transportation issues. County needs to consider the cultural and environmental impact, and start a plan for more schools, specifically middle and high school on the North East end of NH County. Upload supporting files 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 89 If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 90 Dickerson, Zachary From: noreply@civicpIus.com Sent: Wednesday, November 29, 2023 8:17 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7654 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 Jude Last Name Miller Address 427 Sugar Cove Run City Wilmington State NC Zip Code 28411 Email Field not completed. Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment The infrastructure of this area is not equipped to support continued growth at this rate. Better roads are needed as well as additional elementary, middle, and high schools as the school systems are currently over burdened. Upload supporting files 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 91 Dickerson, Zachary From: noreply@civicpIus.com Sent: Wednesday, December 6, 2023 6:04 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7753 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 Judy Last Name Fenton Address 8227 Porters Crossing Way City Wilmington State NC Zip Code 28411 Email Jfentoniv(a�yahoo.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment I am concerned about the property and how it will negatively affect our neighborhood and values of our homes. These are nice residential homes and should not have to deal with these types of developments. They need to find other areas to develop townhomes. It would be much better for all if they were developing single family homes. We also do not need anything that would create traffic coming through our neighborhood. Whether it is car, bike or foot traffic from this development. We 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 92 already have issues with kids coming through and disrupting our quiet community. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 93 Dickerson, Zachary From: noreply@civicpIus.com Sent: Thursday, December 7, 2023 6:37 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7758 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 Lisa Last Name Gritton Address 8206 Porters Crossing Way City Wilmington State NC Zip Code 28411 Email gritfam(cDme.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment Adding more multi dwelling housing to this area of north market in porters neck will further harm the residents ability to navigate already clogged roads. The elementary school for this area is already over crowded sbd children are having to learn in trailers The additional number of cars that will be leaving the development yo access market street will be destructive and dangerous. The further clearing of land is concerning My neighborhood will border this new development and we are concerned about possible flooding from future storms. Clearing 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 94 and destroying more land in this area shows no logic in proper planning. This area is already over saturated with multi use housing. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 95 Dickerson, Zachary From: noreply@civicpIus.com Sent: Thursday, November 30, 2023 4:26 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7664 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 Moffitt Address 328 Victoria Charm Drive City Wilmington State NC Zip Code 28411 Email elise.moffitt(a�gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment This area of Market Street is already subject to extreme traffic, and schools are overcrowded as it is. Adding high density apartments is only going to make the situation worse — this area is not equipped for the multiple apartment complexes that already exist, much less adding more. Upload supporting files 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 96 Dickerson, Zachary From: noreply@civicpIus.com Sent: Monday, December 4, 2023 3:27 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7702 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 Paul Last Name Hayes Address 1218 Verandah Way City Wilmington State NC Zip Code 28411 Email Paulh(a�aft.net Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment Our new school is a traffic jam because of high density housing. Please no more along Market street. The traffic is horrible. Leave zoning R15 in place please. Upload supporting files 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 97 Dickerson, Zachary From: noreply@civicpIus.com Sent: Tuesday, December 5, 2023 8:09 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7738 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 Robert Last Name Fenton Address 8227 Porters Crossing Way City Wilmington State NC Zip Code 28411 Email Rcfentoniv(c gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment The development gets very close to property owners in our neighborhood and I have concerns over road connections that could come thru our neighborhood and streets. Our streets are not city streets. We have a private pool and clubhouse that are close to the new development, raising concerns of your new residents attempting to gather or move thru a place that they are not welcome. Upload supporting files 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 98 Dickerson, Zachary From: noreply@civicpIus.com Sent: Tuesday, November 28, 2023 2:20 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7623 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 Seth Last Name Dennis Address 414 Sugar Cove Run City Wilmington State NC Zip Code 28411 Email sodennis01 CEDgmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment I am opposed to this project without an equitable contractual solution in place for handling the increased strain on schools, roads, and infrastructure. I recognize that new residential development is essential to a growing and prosperous city. However, large residential developers should not be permitted to enter an area, rezone existing land, and build unlimited housing without also contributing to the infrastructure improvements necessary for 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 99 alleviating the strain caused by their developments. To permit such unfettered residential development without proportionate community contribution from the developer is nothing more than tax payers subsidizing private enterprise because the tax payer is left paying the true cost of the development. It is socialism for the wealthy developers and cold hard capitalism for the community; they take the profits, but expect the community to bail them out on the costs, burdens, and risk. The equitable solution is to require an impact fee from the developer. This fee shifts the cost of development from the tax payers back to the financial beneficiary of that development, i.e. the developer. The fee should be large enough to offset the burden the project will put on roads, schools, and infrastructure (e.g. $15,000-$40,000 per home + school fee of $2-4 per sq. ft.). The successful use of impact fees has been widely studied and are in use in most major cities. https://www. brookings.ed u/articles/paying-for-prosperity- impact-fees-and-job-growth/ Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 100 Dickerson, Zachary From: noreply@civicpIus.com Sent: Saturday, December 2, 2023 9:24 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7689 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 Terri Last Name Laborie Address 106 Poplar Grove Rd City Wilmington State NC Zip Code 28411 Email terri.laborie(a�Vahoo.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment Please, please consider the enormous impact the additional traffic will create in an already congested area. The bypass will be available eventually but in the meantime, this development will lead to gridlock in a very busy traffic area creating serious safety concerns. Rapid expansion needs to be slowed and allow infrastructure to catch up. Another consideration is the decimation of green space. Growth needs to try to preserve as many of the natural, native species growing in the area. Loss of it will create irreversible environmental decline. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 101 Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 102 Dickerson, Zachary From: noreply@civicpIus.com Sent: Wednesday, November 29, 2023 4:36 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #7649 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Tom Last Name Riggins Address 710 Bayshore Dr City Wilmington State North Carolina Zip Code 28411 Email oopstom(c�gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? Public Comment Far too many apartments / townhouses in this area now and way too much impervious surfaces that cause further pollution in Pages creek H Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 103 File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 104 Dickerson, Zachary From: noreply@civicpIus.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(cD.gmail.com Projects available for PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 105 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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 106 Dickerson, Zachary From: noreply@civicpIus.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(cDgmail.com Projects available for PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 107 Dickerson, Zachary From: noreply@civicpIus.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(c gmail.com Projects available for PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 108 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 In (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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 109 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 attachments, or reply until you know it is safe ** Good afternoon Mr. Dickerson. I am writing 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 continue to build multi -home residential 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 frustrating 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 facilities. Please consider this when deciding on whether to build these new townhomes Thank you kindly, Kristen Bulter (336)580-3514 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 110 Dickerson, Zachary From: noreply@civicpIus.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 PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 111 Dickerson, Zachary From: noreply@civicpIus.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 nlmcneill(cD.yahoo.com Projects available for PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 112 Dickerson, Zachary From: noreply@civicpIus.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 PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St comment. What is the nature of your Oppose project comment? 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. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 113 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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 114 Dickerson, Zachary From: noreply@civicpIus.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 asciam1962(a�gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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 1 know of that fight for the citizens are Spears and Barnett. A preacher and a regular guy. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 115 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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 116 Dickerson, Zachary From: noreply@civicpIus.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(c gmail. com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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% 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 117 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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 118 Dickerson, Zachary From: noreply@civicpIus.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(a�gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 119 Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 120 Dickerson, Zachary From: noreply@civicpIus.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(c gmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 121 Dickerson, Zachary From: noreply@civicpIus.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 BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 122 Dickerson, Zachary From: noreply@civicpIus.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(cDgmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 123 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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 124 Dickerson, Zachary From: noreply@civicpIus.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(a�bhhscpp.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 125 Dickerson, Zachary From: noreply@civicpIus.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(c me.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 126 Dickerson, Zachary From: noreply@civicpIus.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(a)hotmail.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 127 Dickerson, Zachary From: noreply@civicpIus.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(a�aol.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 128 Dickerson, Zachary From: noreply@civicpIus.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(aDicloud.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 129 Dickerson, Zachary From: noreply@civicpIus.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(cDaol.com Projects available for BOC Meeting - Z23-21 - Residential Development - 8138 comment. Market St What is the nature of your Oppose project comment? 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 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 130 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. 2 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 131 Dickerson, Zachary From: Dickerson, Zachary Sent: Tuesday, December 19, 2023 12:24 PM To: MICHAEL BRYAN Subject: RE: 8100 N market Rezoning Hello Dr. Bryan, Thank you for your comment- I will include this in the packet for public comment that goes to the Board of Commissioners. Zach -----Original Message ----- From: MICHAEL BRYAN <docbry55@icloud.com> Sent: Tuesday, December 19, 2023 11:06 AM To: Dickerson, Zachary <zdickerson@nhcgov.com> Subject: 8100 N market Rezoning ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dr Michael Bryan home 1509 Portsmouth place 28411 Office across the street from Subject property. I am 100% against it. 1) it's way too dense. As it is now - it's Not uncommon to take 4 light cycles just to turn left out of the lot here at the light to go home. 2) aesthetically - too dense. A bunch of Boxes squeezed in too close together is just plain ugly. 3) First thing developers will do now is Rip out every single Tree. Which is Ugly period. And definitely contributes to the degrade of air quality and increased global warming. Trees take in CO2 and release 02. That's our best defense for saving the planet. 4) developers main drive is Money Money and More Money. They don't care about anything else. There's plenty more places further out where affordable houses can be built. And NOT so dense. Traffic here is Horrible as it is. This would only be a huge contributor to an already bad problem. Make it Half as big. And keep Half the trees if you have to do anything. Thanks for your time Dr Michael Bryan 919-621-6150 1509 Portsmouth Place Wilmington 28411 Sent from my iPhone 1 Board of Commissioners - January 8, 2024 ITEM: 10- 14 - 132 Email Correspondence Board of Commissioners - January 8, 2024 ITEM: 10- 15 - 1 Dickerson, Zachary From: Allison Engebretson <aengebretson@paramounte-eng.com> Sent: Wednesday, December 20, 2023 6:09 PM To: Christy Mason Cc: Kevin Foley; Roth, Rebekah; Sara Fischer; Dickerson, Zachary; courtneytcress@gmail.com; County Commissioners; Farrell, Robert; Coudriet, Chris Subject: RE: Incorrect Data Attachments: Z23-21 Compiled BOC Public Comments.pdf, Z23-21 Additional Public Comments 12-11-2023.pdf ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Christy, Thank you for your response. I certainly understand holiday schedules interfere with setting up meetings. I have discussed your email with our development team, and, if you are willing to do so, we would appreciate an opportunity to speak with you about our proposed development and your concerns on January 4t". You mentioned that your group is targeting the 41" to meet again. Do you have a meeting location and time set already? We could come to you and either meet with you before or after your group's meeting. Let me know what works best for you. Regarding the additional comments we received, you have probably received these from Rebekah Roth. However, if not, I have included them here for your reference. There are two files. Here is how planning staff explained the difference to me: "I've attached two documents, one was the public comment we had received before submittal into the agenda system, and the second are the ones we received in the interim till the portal closed this morning." Thanks, Allison From: Christy Mason <crm83131@gmail.com> Sent: Friday, December 15, 2023 9:56 AM To: Allison Engebretson <aengebretson@paramounte-eng.com> Cc: Kevin Foley <kevinpatrickfoley@gmail.com>; Roth, Rebekah <rroth@nhcgov.com>; Sara Fischer <sarafischerl9@gmail.com>; Dickerson, Zachary <zdickerson@nhcgov.com>; courtneytcress@gmail.com; County Commissioners <D_CCOM_CountyCommissioners@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>; Coudriet, Chris <CCoudriet@nhcgov.com> Subject: Re: Incorrect Data Hi Ms. Engebretson, I didn't want this to get lost in the flurry of emails going on in this thread. We appreciate you reaching out. And thank you for clarifying that in addition to receiving my emails, you received additional comments from other citizens on Monday that led to the continuance. Just so you're aware, they are not included in the post -agenda additional comments public record. It would be good for everyone involved if they were included. I understand from your comments Monday that you have new information to send to them, as well as the need to work through some misunderstandings. It sounds like there were quite a few coming into the portal Monday morning; the continuance makes sense. Just to clarify, I was unfortunately unable to make the community meeting, but appreciated the opportunity. 1 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 1 We are getting ready to break for the holidays. Please send us the new information that you'll be sending others. I'm assuming that will be in the the updated 1/8 agenda as well? We have actually not had time to meet or discuss as a group since Monday. We are all working parents, and as you know, this time of year is hectic on another level. Right now, the loose plan is to meet around the 4th after school and preschool resumes. I realize that will cut it close with the 1/8 meeting. It sounds like we are not the people that you are trying to resolve a misunderstanding with? I have not discussed with our group yet, but I think that the application and county staff report was straightforward regarding Z23-21. I don't think we have any questions. I can let you know if any arise after we receive the new information. I think our remaining questions are for county officials regarding public info and countywide processes and data, especially with regards to schools. I know holliday timing is tough for everyone. We just ask that if you are unable to coordinate with citizens that sent their comments early Monday, and seek another continuance, that you do so before 1/8. 1 understand the position you and everyone were in on Monday; it was not ideal for anyone. I appreciate you and the developer seeking to resolve misunderstandings with the other citizens. And I hope that you have a nice time over the holidays. Thanks, Christy On Tue, Dec 12, 2023 at 8:17 PM Allison Engebretson<aengebretson@paramounte-eng.com> wrote: Good evening, I am the land planner and landscape architect for the Market Street Townhome project. As you know, we requested the continuance at the County Commissioners on Monday, and seeing Mr. Foley's and Ms. Fischer's emails below, we understand you have questions. Please allow me to explain. We had a flurry of questions around the time of our community meeting held on September 28t", and we had follow up conversations and meetings with interested parties. Since that time, we have received little communication from surrounding neighbors or other citizens until a few comments came directly to our development team late last week/over the weekend. Then, following the County's standard process in rezoning cases, County Planning Staff forwarded the public comments received in their office by the close of the comment period at 8 AM Monday morning. These were not emails directly from you to staff, but the comments submitted in the comment portal on the County's website. There were a lot of new names we had not previously heard from in that batch of comments. Most of the new comments were not people who signed the sign -in sheet at our community meeting. It seemed there was some misunderstanding of our plans and requirements and implications of the development. As such, our clients, the developers, chose to seek continuance so we can speak with representatives of these concerned citizens and share our plans, discuss concerns, and reach potential resolutions prior to bringing the item before the Commissioners. I gather, Ms. Roth, recognized you as representatives of a group we had not previously spoken with (excepting, perhaps, Ms. Mason — I believe she attended our community meeting). It seems Ms. Roth copied me on email correspondence so I could reach out to you directly to discuss the project. Are you willing to meet to discuss the project and let our team address questions and concerns you have? If so, could you list some availability of meeting days/times? 2 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 2 Thank you and have a good evening. Allison Allison Engebretson, RLA Paramounte Engineering, Inc. 1 122 Cinema Drive I Wilmington, NC 28403 Office: (910) 791-6707 1 Cell: (910) 620-7262 1 Fax: (910) 791-6760) 1 www.paramounte-eng.com From: Kevin Foley <kevinpatrickfolev@gmail.com> Sent: Tuesday, December 12, 2023 1:57 PM To: Roth, Rebekah <rroth@nhcgov.com> Cc: Sara Fischer <sarafischerl9@gmail.com>; Dickerson, Zachary <zdickerson@nhcgov.com>; Christy Mason <crm83131@gmail.com>; courtneytcress@gmail.com; County Commissioners <D CCOM CountyCommissioners@nhcgov.com>; Coudriet, Chris <CCoudriet@nhcgov.com>; Allison Engebretson <aengebretson@paramounte-eng.com> Subject: Re: Incorrect Data Ms. Roth, Could you please clarify? Are you saying that the emails we've had with you and the data and slides you shared were sent directly to Ms. Engebretson without our knowledge? Is this normal that any communications with the commissioners office be made public upon request? On Tue, Dec 12, 2023, 1:42 PM Roth, Rebekah <rroth@nhcgov.com> wrote: Sara, We have not been provided additional details beyond what was presented to the Commissioners yesterday, but the applicant team was provided with the email communications between staff and representatives to your neighborhood late last week and provided the additional public comment we received after the agenda information was prepared yesterday morning. It is my understanding those are the additional considerations they would like to work out. I have copied the applicant's representative, Allison Engebretson, on this email so y'all can coordinate directly. 3 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 3 Rebekah Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7838 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCaov.com From: Sara Fischer <sarafischerl9@gmail.com> Sent: Monday, December 11, 2023 7:09 PM To: Dickerson, Zachary <zdickerson@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com> Cc: Christy Mason <crm83131@gmail.com>; Kevin Foley <kevinpatrickfoley@gmail.com>; courtneytcress@gmail.com; County Commissioners <D CCOM CountyCommissioners@nhcgov.com>; Coudriet, Chris <CCoudriet@nhcgov.com> Subject: Re: Incorrect Data ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Good evening Rebecca and Zachary, Thank you for getting back to me. While I understand the reasoning behind the continuance approved for Z23-21, I would be remiss not to express some disappointment. Could you provide more context around the public comments received late Friday evening that led to this? Typically public comments would be submitted through official channels, rather than directly to the developer. If these were indeed publicly submitted comments, could you please direct me to where they are accessible? I want to better understand the concerns raised. If they were sent directly to the developer or others, that strikes me as an unusual process. It would help clarify the situation for us. I don't wish to make unfounded accusations, but the timing and process around this continuance seems questionable. More transparency into how these last-minute comments factored into the decision would be appreciated. Please let me know if you can share any further details. Getting a fuller understanding could help resolve some of our outstanding concerns. Thank you for your time and response. 4 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 4 On Mon, Dec 11, 2023 at 11:46 AM Dickerson, Zachary <zdickerson@nhcgov.com> wrote: Hey Sara, Christy, Kevin and Courtney, The applicant for this project has let us know this morning that they will be asking for a continuance for this item to the January Bch Board of Commissioners meeting. This is often done right at the beginning of the meeting starting at 4pm, and while there is a chance the Board may not grant the continuance, they generally do. Just wanted to keep you in the loop. Zach Zachary Dickerson Senior Planner — Development Review New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7450 p 1 (910) 798-7838 f zdickerson@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCqov.com From: Sara Fischer <sarafischerl9@gmail.com> Sent: Monday, December 11, 2023 7:57 AM To: Dickerson, Zachary <zdickerson@nhcgov.com> Cc: Christy Mason <crm83131@gmail.com>; Kevin Foley <kevinpatrickfolev@gmail.com>; courtneytcress@gmail.com Subject: Re: Incorrect Data ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Thank youl Sara 5 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 5 On Dec 11, 2023, at 7:46 AM, Dickerson, Zachary <zdickerson@nhcgov.com> wrote: Good morning Sara, All good, I was able to access it with no issues- I am not sure how/if the Comms team works with Google Slides so I downloaded it as a Powerpoint and have put it in their folder so they'll have it ready to go for tonight! Zach Zachary Dickerson Senior Planner — Development Review New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7450 p 1 (910) 798-7838 f zdickerson@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCqov.com From: Sara Fischer <sarafischerl9@gmail.com> Sent: Sunday, December 10, 2023 8:29 PM To: Dickerson, Zachary <zdickerson@nhcgov.com> Cc: Christy Mason <crm83131@gmail.com>; Kevin Foley <kevinpatrickfoley@gmail.com>; courtnevtcress@gmail.com Subject: Re: Incorrect Data ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Good evening Zachary, Thank you for getting our presentation to the Communications Department in advance of the NHC Commissioners meeting tomorrow at 4 pm. Also, thank you for the information on how we would be able to sign up to speak during the "opposition presentations" slot. We worked as a larger body of concerned residents but will have two of our group members present our findings, research, and requests on our behalf. 6 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 6 If you have any questions or concerns accessing the link above please let me know. Thank you! Sara Fischer 860-218-0036 On Wed, Dec 6, 2023 at 8:10 AM Dickerson, Zachary <zdickerson@nhcgov.com> wrote: Good morning Sara, You are welcome to send a presentation directly to me and I'll make sure it's ready to go with the Communications Dept (who manages all the electronics/presentations during Board meetings) prior to the meeting. It would be best if you can get it to me at the latest Monday morning. For signing in, when you come to the Courthouse downtown and go upstairs to the meeting room, there will be a table at the top of the stairs- staff will be there to handle sign -ins. You'll just need to let her know which case you're signing in to speak about. From there you'll be good to go. Please keep in mind that there are only 20 minutes total for opposition to speak. The hearing moves as follows: Staff Presentation (+Board questions) Applicant Presentation: 15 minutes Opposition Presentation: 15 minutes Applicant Rebuttal: 5 minutes Opposition Rebuttal: 5 minutes Then the Board will start discussion. Happy to help if you need further clarification. Best, 7 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 7 Zach Zachary Dickerson Senior Planner — Development Review New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7450 p 1 (910) 798-7838 f zdickerson@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCqov.com From: Roth, Rebekah <rroth@nhcgov.com> Sent: Wednesday, December 6, 2023 8:00 AM To: Sara Fischer <sarafischerl9@gmail.com>; County Commissioners <D CCOM CountvCommissioners@nhcgov.com>; cltarrantl4@gmail.com; hansen@mwmrealestate.com; Ipetroff@cldeng.com; pavers@mckinleybuilding.com; hine@pbcdesignbuild.com; Iclarkhipp@gmail.com; cameron@wilmhba.org Cc: Christy Mason <crm83131@gmail.com>; Courtney Corriher <courtneytcorriher@gmail.com>; Kevin Foley <kevinpatrickfolev@gmail.com>; Dickerson, Zachary <zdickerson@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com> Subject: RE: Incorrect Data Sara, I have copied the case planner for this item, Zach Dickerson, on your email —he will reach out to you to go over the process for signing in and the information for providing a presentation. Rebekah Roth Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7838 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHC-qov.com From: Sara Fischer <sarafischerl9@gmail.com> Sent: Tuesday, December 5, 2023 10:07 PM To: County Commissioners <D CCOM CountvCommissioners@nhcgov.com>; cltarrantl4@gmail.com; hansen@mwmrealestate.com; Ipetroff@cldene.com; 8 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 8 pavers@mckinleybuilding.com; hine@pbcdesignbuild.com; iclarkhipp@gmail.com; cameron@wilmhba.org; Roth, Rebekah <rroth@nhcgov.com> Cc: Christy Mason <crm83131@gmail.com>; Courtney Corriher <courtneytcorriher@gmail.com>; Kevin Foley <kevinpatrickfoley@gmail.com> Subject: Re: Incorrect Data ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Good evening, Can you please advise on the process of signing up to speak for the December 11th County Commissioners meeting? Please clarify if we are sending a slide deck to whom we need to send it to and by what time/date. Thank you, Sara Fischer Sara Fischer Cell: 860-218-0036 Sara Fischer Cell: 860-218-0036 9 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 9 Dickerson, Zachary From: Christy Mason <crm83131 @gmail.com> Sent: Tuesday, December 5, 2023 6:24 PM To: Roth, Rebekah Cc: cameron@wilmhba.org; hine@pbcdesignbuild.com; jclarkhipp@gmail.com; pavery@mckinleybuilding.com; hansen@mwmrealestate.com; cjtarrant14@gmail.com; jpetroff@cldeng.com; boardmembersemail@nhcs.net; charles.foust@nhcs.net; Coudriet, Chris; County Commissioners; Sara Fischer; Liz Oblinger; Kevin Foley; Kristen Butler; ashkeller21 @aol.com; hmz819@hotmail.com; Erica (Henry) Baillargeon; jmurray0731 @gmail.com; Elizabeth Gray; Courtney Corriher; Eddie J Anderson; Farrell, Robert; Dickerson, Zachary Subject: Re: Incorrect Data ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Ok, thanks for the willingness to discuss. I will say that I'm a little thrown off since numerical facts are either correct or incorrect. But happy to talk. Will be in touch to schedule. Thanks, Christy On Tue, Dec 5, 2023 at 4:20 PM Roth, Rebekah <rroth@nhcgov.com> wrote: I'd like to talk your questions through first. I was getting a little worried that I didn't seem to be addressing your concerns fully, which could lead to a lot of back and forth. Once we talk, I'd be glad to summarize the information so that others can have access to it. Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7838 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHC-qov.com From: Christy Mason <crm83131@gmail.com> Sent: Tuesday, December 5, 2023 3:20 PM To: Roth, Rebekah <rroth@nhcgov.com> Cc: cameron@wilmhba.org; hine@pbcdesignbuild.com; jclarkhipp@gmail.com; paverv@mckinleybuilding.com; hansen@mwmrealestate.com; citarrantl4@gmail.com; jpetroff@cldeng.com; boardmembersemail@nhcs.net; charles.foust@nhcs.net; Coudriet, Chris <CCoudriet@nhcgov.com>; County Commissioners <D CCOM CountyCommissioners@nhcgov.com>; Sara Fischer <sarafischer19@gmail.com>; Liz Oblinger <oblinger726@gmail.com>; Kevin Foley <kevinpatrickfolev@gmail.com>; Kristen Butler <Kristenbutler2l@gmail.com>; ashkeller2l@aol.com; hmz819@hotmail.com; Erica (Henry) Baillargeon <erica.germain@gmail.com>; imurray0731@gmail.com; Elizabeth Gray <Elizharlow@gmail.com>; Courtney Corriher <courtneytcorriher@gmail.com>; Eddie J Anderson <eddie.anderson@nhcs.net>; Farrell, Robert 1 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 10 <rfarrell@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com> Subject: Re: Incorrect Data ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Ok, thank you! I need to check some things and get back to you. Will reach out separately. Appreciate it! Would you be able to answer my questions in my last email here, so that everyone has the answers. Thanks, Christy Thank you for your email and willingness to discuss these things with me! I realize that there are strong opinions and emotions being shared about what is going on and the impact on kids across the county. I would like to stay focused on productive, solution -oriented conversations. My primary concern and goal at this juncture is that everyone involved is making informed decisions with accurate data. I would love the opportunity to talk later this week. What are some good days/times for you? Also, just to clarify for everyone, are you saying that the numbers and equations on the Student Generation sheet that you provided are accurate?? (reattached.) 2 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 11 Since the staff report cites that 1300 students will be added to NHCS in 10 years, will it also include the total numbers for NHCS from last year to this year? There are currently three totals out there - the data manager at +2,529, yours at - 129, and a corrected staff generation sheet at +1,178. How can we all be sure which one is correct? This is a very important number. Lastly, regarding my question as to the number of students projected from all approved developments in the Porters Neck area - I'd like to share the answer so that everyone here is informed. With the Z23-21 townhomes, there will be 1281 units under construction in the Porters Neck area. Using your staff report generation rates, this will yield: PNES (.09): 115 students Holly Shelter (.05): 64 students Laney (.07): 90 students Total students for NHCS (.22): 282 students Adding, can you confirm those numbers? Those numbers are unbelievable for schools already operating well over capacity. We mapped out the county as well. Porters Neck is simply a microcosm of what is occuring county wide. Again, I know that you all face an enormous challenge in navigating this growth with excellence. And I appreciate everything that you all are doing. I respectfully ask that you all ensure the numbers that you are using as you make large decisions that affect so many people are accurate and thorough. Thanks, Christy 3 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 12 On Tue, Dec 5, 2023 at 2:46 PM Roth, Rebekah <rroth@nhcgov.com> wrote: Christy —if you're available Friday afternoon, that would work best for me. Let me know if that doesn't work —I may be able to shift some things around for first thing Tuesday morning. Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7838 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCqov.com From: Christy Mason <crm83131@gmail.com> Sent: Tuesday, December 5, 2023 2:38 PM To: Roth, Rebekah <rroth@nhcgov.com> Cc: cameron@wilmhba.org; hine@pbcdesignbuild.com; iclarkhipp@gmail.com; paverv@mckinleybuilding.com; hansen@mwmrealestate.com; citarrantl4@gmail.com; ipetroff@cldeng.com; boardmembersemail@nhcs.net; charles.foust@nhcs.net; Coudriet, Chris <CCoudriet@nhcgov.com>; County Commissioners <D CCOM CountyCommissioners@nhcgov.com>; Sara Fischer <sarafischerl9@gmail.com>; Liz Oblinger <oblinger726@gmail.com>; Kevin Foley <kevinpatrickfolev@gmail.com>; Kristen Butler <Kristenbutler2l@gmail.com>; ashkeller2l@aol.com; hmz819@hotmail.com; Erica (Henry) Baillargeon <erica.germain@gmail.com>; imurraV0731@gmail.com; Elizabeth Gray <Elizharlow@gmail.com>; Courtney Corriher <courtneytcorriher@gmail.com>; Eddie J Anderson <eddie.anderson@nhcs.net>; Farrell, Robert <rfarrell@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com> Subject: Re: Incorrect Data ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Thank you for your email and willingness to discuss these things with me! I realize that there are strong opinions and emotions being shared about what is going on and the impact on kids across the county. I would like to stay focused on productive, solution -oriented conversations. My primary concern and goal at this juncture is that everyone involved is making informed decisions with accurate data. I would love the opportunity to talk later this week. What are some good days/times for you? 4 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 13 Also, just to clarify for everyone, are you saying that the numbers and equations on the Student Generation sheet that you provided are accurate?? (reattached.) Since the staff report cites that 1300 students will be added to NHCS in 10 years, will it also include the total numbers for NHCS from last year to this year? There are currently three totals out there - the data manager at +2,529, yours at -129, and a corrected staff generation sheet at +1,178. How can we all be sure which one is correct? This is a very important number. Lastly, regarding my question as to the number of students projected from all approved developments in the Porters Neck area - I'd like to share the answer so that everyone here is informed. With the Z23-21 townhomes, there will be 1281 units under construction in the Porters Neck area. Using your staff report generation rates, this will yield: PNES (.09): 115 students Holly Shelter (.05): 64 students Laney (.07): 90 students Total students for NHCS (.22): 282 students Those numbers are unbelievable for schools already operating well over capacity. We mapped out the county as well. Porters Neck is simply a microcosm of what is occuring county wide. Again, I know that you all face an enormous challenge in navigating this growth with excellence. And I appreciate everything that you all are doing. I respectfully ask that you all ensure the numbers that you are using as you make large decisions that affect so many people are accurate and thorough. Thanks, 5 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 14 Christy On Mon, Dec 4, 2023 at 5:45 PM Roth, Rebekah <rroth@nhcgov.com> wrote: Christy, Given that you still have some questions about our information and methodology, I'd be glad to find time to discuss this more ahead of the Board of Commissioners meeting, maybe after you have a chance to look over what is being provided in the staff report as part of their agenda packet. That should be published on Wednesday. Based on the numbers we have available, which was provided and reviewed by schools staff, I still believe the information we have provided is accurate and would be glad to provide more information on the role of staff and Planning Board review as part of the rezoning process. Rebekah Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7838 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCqov.com From: Christy Mason <crm83131@gmail.com> Sent: Saturday, December 2, 2023 4:21 PM To: Roth, Rebekah <rroth@nhcgov.com> Cc: cameron@wilmhba.org; hine@pbcdesignbuild.com; iclarkhipp@gmail.com; paverv@mckinleybuilding.com; hansen@mwmrealestate.com; citarrantl4@gmail.com; ipetroff@cldeng.com; boardmembersemail@nhcs.net; charles.foust@nhcs.net; Coudriet, Chris <CCoudriet@nhcgov.com>; County Commissioners <D CCOM CountyCommissioners@nhcgov.com>; Sara Fischer <sarafischerl9@gmail.com>; Liz Oblinger <oblinger726@gmail.com>; Kevin Foley <kevinpatrickfoley@gmail.com>; Kristen Butler <Kristenbutler2l@gmail.com>; ashkeller2l@aol.com; hmz819@hotmail.com; Erica (Henry) Baillargeon <erica.germain@gmail.com>; mmurray0731@gmail.com; Elizabeth Gray <Elizharlow@gmail.com>; Courtney Corriher <courtneytcorriher@gmail.com>; Eddie J Anderson <eddie.anderson@nhcs.net>; Farrell, Robert <rfarrell@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com> Subject: Re: Incorrect Data 6 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 15 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hi Ms. Roth, Thank you so much for your email! I appreciate your response and conversation. My responses are in blue below. Thank you for your email and the opportunity to clarify some information ahead of the Board of Commissioners' consideration of the rezoning request at their December 11 meeting. We are still finalizing their agenda packet and the staff presentation, so we will be able to incorporate these clarifications in keeping with the intent of the multiple public hearing process, which is to make sure that the information considered by the Commissioners at their public hearing is as accurate and comprehensive as possible. The Planning Board acts as an advisory body in this process. Thank you for clarifying. Are you saying that when the Planning Board advises, they do not know the accuracy of the information they have been given? Whose responsibility is it to ensure data is accurate? I also appreciate your calling attention to the discrepancy between the draft updated school analysis section that I sent to Ms. Butler a couple of weeks ago. In my attempt to get her the updated information as quickly as possible, I asked my staff for the update outside of our regular review process, so it was not thoroughly vetted —I apologize for any confusion. We will make sure that both you and Ms. Butler receive the final staff report that will be provided to the Board of Commissioners, which is still in the review process and won't be finalized until next week. That version of the staff report will also include information we have received from NHCS that Ms. Butler brought to my attention during our conversation. Ah I see, thank you. Glad it got sorted. Yes, that would be great, thanks. Is there a certain number of days before a meeting that those go out? I do believe that the other information you highlight is accurate from our perspective, and I've provided some notes below to help clarify some of that for additional context: It may not have been clear in my email to Ms. Butler, but the information we received regarding Pre- K students was different this year than in years past. In the past, the number of pre-K students was separated from the elementary school students. The numbers from this year combined the two, so the elementary school number include pre-K students. As a result, there is actually a decrease of 129 student overall in the NHCS system from last year to this year. Thank you, yes, I did see that. And I reconfirmed with a data manager that the enrollment increase was 2,529; it included pre- k as well. I don't have access to that information to check myself. The 129 student decrease appears to be incorrect based on the School Capacity and Student Generation sheet. I can see that it was deducted from the totals for each year: 25,632 ('23- '24) and 25,761 ('22-'23). But the totals themselves appear to have errors. They look to be comprised from each total of elementary, middle and high school - with a pre-k section form '22- '23 as you noted. But some of those totals do not match what is used in the equation that results in total students for NHCS. Most notably, is the '22-'23 elementary data. The elementary section total is 9,631, and there is a separate pre-k total of 721. In the main equation that results in total students for NHCS, pre-k is again shown to be 721, but elementary is 10,938, instead of 9,631. When the number that appears to be correct of 9,631 is inserted in it's place, the total number of students is actually 24,454 for'22-'23. That deducted from 25,632 shows an increase of 1,1178 students from last year to this year. I've attached a visual with notes. Do you see what I mean? What is causing the these discrepancies? • The discrepancy you note in Porters Neck Elementary student population numbers may be due to the point in time of when the counts were taken. Student populations fluctuate over the course of Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 16 the year. The numbers we used were from the 2022-2023 school year 20-day count when the student population was 601. The population may have grown at some point during the year, leading to the 623 number you reference. If this does not seem to be the case, please let me know so we can work on clarifying this information with the school district who provides us with the numbers we use. That makes sense. The 623 number is from 6/9/2023. Building capacity is measured in two different ways (1) based on the original building design and (2) based on the planned use of all classrooms. Different grade levels and types of classrooms (such as EC) have different classroom caps, and as the demographics of the student population change, the building capacity can change. For instance, a building may be designed to include 3 EC classrooms. However, if only 2 EC classrooms are planned for the current school year, the building capacity used by the school would increase as one of the rooms could be used for a different type of class that allows for more students. Thank you for detailing. So my understanding is that when capacity is noted in the facilities study, your staff report, etc, it is assigning a numerical value to how many students the school is able to serve; is that correct? When we see a number like 119% capacity, it appears that the school is operating at 19% over what is should operating at. And in the case of many schools that percentage is only going up. Is 100% a max? Or is 100% arbitrary? • The title we use in our table that refers to capacity with portables is intended to identify the capacity of the school considering portables if they are in fact at the school. It is not intended to indicate whether or not portables are in place at any particular school. Confused - wouldn't portables increase the school's capacity as you previously detailed? 4 portables = a minimum increase of 60 additional students served? You are correct regarding the numbers we provide not reflecting surrounding development. We do not add together those numbers, though we reference other projects under development in the general area of a proposed project in another section of our staff report. Ok, thank you. Would you be able to share the projected number of students being added to PNES, Holly Shelter, and Laney, from the new developments in the Porters Neck area that have already been approved? Beaumont Oaks, 7000 Market St/Lendire Apartments, 9000 Market Apartments, etc. According to NHCS, the Facility Needs Survey we have been using in our staff reports is based on a program provided by the Department of Public Instruction. It includes state enrollment projections, and while we don't have in-depth data on their methodology, the schools do contract with a consultant to conduct their own enrollment projections, and we work with the schools to regularly update the information that we provide to the Commissioners to make sure it is as accurate as possible. Thank you for detailing that. I am vaguely familiar with the computer program used by LEAs of each county in the state. There seems to be a problem with the numbers for NHCS in that facility needs study; it almost appears to be done incorrectly, or maybe there was a glitch. There are schools over capacity by —200 students with no increased capacity or new schools in sight for 10 years despite large approved projects. Please let me know if any of this needs to be clarified further or anything that still needs to be considered as we prepare for the December public hearing. I have copied Eddie Anderson with the schools on this email as well as the case planner, Zach Dickerson. I appreciate that. And yes, I'd like to express concern and seek clarification on the alarming disconnect between our education system, rezoning, and residential development. It appears that a school's current capacity is not taken into consideration when approving a new development, nor are projected student numbers from approved developments included in the general enrollment projections. Why is student data not being projected based on approved developments? And then including in new development deliberations? And then provided to those projecting facility needs? Or does a system already exist but needs fine tuning? It looks like developments are approved and then there is an expectation on our education system to figure it out - redistrict, enrollment caps, implement track system countywide to control building population - something. And still, that is done without long range data regarding developments and projected students that should be available. This does does seem like a sustainable approach, nor does it bring the most financial success for developers or the area. Can you provide insight on this? 8 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 17 In closing, I hope that you understand my concern and intention. I can't imagine the challenges you all face in navigating such growth. Thank you for everything you're doing. I just wanted to make sure that everyone is making informed decisions with correct data. And I also appreciate the opportunity to ask larger questions. Thank you, Christy Mason On Wed, Nov 29, 2023 at 1:35 PM Roth, Rebekah <rroth@nhcgov.com> wrote: Christy, Thank you for your email and the opportunity to clarify some information ahead of the Board of Commissioners' consideration of the rezoning request at their December 11 meeting. We are still finalizing their agenda packet and the staff presentation, so we will be able to incorporate these clarifications in keeping with the intent of the multiple public hearing process, which is to make sure that the information considered by the Commissioners at their public hearing is as accurate and comprehensive as possible. The Planning Board acts as an advisory body in this process. I also appreciate your calling attention to the discrepancy between the draft updated school analysis section that I sent to Ms. Butler a couple of weeks ago. In my attempt to get her the updated information as quickly as possible, I asked my staff for the update outside of our regular review process, so it was not thoroughly vetted —I apologize for any confusion. We will make sure that both you and Ms. Butler receive the final staff report that will be provided to the Board of Commissioners, which is still in the review process and won't be finalized until next week. That version of the staff report will also include information we have received from NHCS that Ms. Butler brought to my attention during our conversation. I do believe that the other information you highlight is accurate from our perspective, and I've provided some notes below to help clarify some of that for additional context: It may not have been clear in my email to Ms. Butler, but the information we received regarding Pre-K students was different this year than in years past. In the past, the number of pre-K students was separated from the elementary school students. The numbers from this year combined the two, so the elementary school number include pre-K students. As a result, there is actually a decrease of 129 student overall in the NHCS system from last year to this year. • The discrepancy you note in Porters Neck Elementary student population numbers may be due to the point in time of when the counts were taken. Student populations fluctuate over the course of the year. The numbers we used were from the 2022-2023 school year 20-day count when the student population was 601. The population may have grown at some point during the year, leading to the 623 number you 9 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 18 reference. If this does not seem to be the case, please let me know so we can work on clarifying this information with the school district who provides us with the numbers we use. Building capacity is measured in two different ways (1) based on the original building design and (2) based on the planned use of all classrooms. Different grade levels and types of classrooms (such as EC) have different classroom caps, and as the demographics of the student population change, the building capacity can change. For instance, a building may be designed to include 3 EC classrooms. However, if only 2 EC classrooms are planned for the current school year, the building capacity used by the school would increase as one of the rooms could be used for a different type of class that allows for more students. • The title we use in our table that refers to capacity with portables is intended to identify the capacity of the school considering portables if they are in fact at the school. It is not intended to indicate whether or not portables are in place at any particular school. You are correct regarding the numbers we provide not reflecting surrounding development. We do not add together those numbers, though we reference other projects under development in the general area of a proposed project in another section of our staff report. • According to NHCS, the Facility Needs Survey we have been using in our staff reports is based on a program provided by the Department of Public Instruction. It includes state enrollment projections, and while we don't have in-depth data on their methodology, the schools do contract with a consultant to conduct their own enrollment projections, and we work with the schools to regularly update the information that we provide to the Commissioners to make sure it is as accurate as possible. Please let me know if any of this needs to be clarified further or anything that still needs to be considered as we prepare for the December public hearing. I have copied Eddie Anderson with the schools on this email as well as the case planner, Zach Dickerson. Thanks, Rebekah Roth Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7838 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCqov.com From: Christy Mason <crm83131@gmail.com> Sent: Tuesday, November 28, 2023 1:59 PM To: cameron@wilmhba.org; hine@pbcdesignbuild.com; iclarkhipp@gmail.com; pavers@mckinleybuilding.com; 10 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 19 hansen@mwmrealestate.com; cjtarrantl4@gmail.com; jpetroff@clden�.com Cc: boardmembersemail@nhcs.net; charles.foust@nhcs.net; Roth, Rebekah <rroth@nhcgov.com>; Coudriet, Chris <CCoudriet@nhcgov.com>; County Commissioners <D CCOM CountyCommissioners@nhcgov.com>; Sara Fischer <sarafischerl9@gmail.com>; Liz Oblinger <oblinger726@gmail.com>; Kevin Foley <kevinpatrickfoley@gmail.com>; Kristen Butler <Kristenbutler2l@gmail.com>; ashkeller2l@aol.com; hmz819@hotmail.com; Erica (Henry) Baillargeon <erica.germain@gmail.com>; *murray0731@gmail.com; Elizabeth Gray <Elizharlow@gmail.com>; Courtney Corriher <courtnevtcorriher@gmail.com> Subject: Incorrect Data ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear NHC Planning Board, I hope that you all had a nice Thanksgiving! I'd like to preface this email by saying that I have the utmost respect and appreciation for your positions, as well as the work you, and those copied, do to serve our community. I am emailing to inform you of inaccurate data used in recent deliberations, share related concerns, ask some questions, and hopefully receive some clarity on next steps. Here are some of the data errors in the Market Street Townhomes (Case Z23-21) information related to school information: • The Staff Report (pg 11) projects student population growth of only 1,300 over 10 years based on the 2021 Facility Needs Study. However, your 11/16/23 numbers show that NHCS enrollment, excluding pre K, increased by 592 students in just this past year alone. District data shows this past year's increase to be 2,588 students. • The Staff Report (pg 12) states Porters Neck Elementary School (PNES) enrollment for 2022-23 was 601 students. The actual number was 623 students. • Current PNES enrollment is 659 students, farbeyondthe 528 student capacity per the 2021 Facility Needs Study. (note the capacity discrepancy from 549 on your staff report) • The Staff Report states capacity as 549 students with portable classrooms. However, there were no portable classrooms in use in 2022-23 and planned portable classrooms for 2023-24 are on hold. • The updated Z23-21 Market Street School Information submitted that projected enrollment for the 2023-24 year included an identica/chart with identical numbers to the original Staff Report 2022-23 chart but with the school year changed to 2023-24 throughout. See Screenshots attached. 11 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 20 • The Staff Report references an updated school capacity analysis for the Planning Board meeting, which did not occur. Projections for the 2023-24 were submitted afterthe meeting, and as noted above had no data change. • There were no projections on how approved and underway residential projects further impact school capacity included in the data. 9000 Market St Apartments, Beaumont Oaks, and other Waterstone phases. The Staff Report states "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." Yet, the 2021 Facility Needs Study clearly shows that residential projects approved and/or underway are nottaken into consideration when projecting future facility needs. The 2021 Facility Needs Study showed 0 increased capacity over 10 years at many schools despite already being over capacity and/or with large developments approved and underway. The concerns go beyond the Porter Neck area. Surely, the 2021 Facility Needs Study and county school data has been used to pass other rezoning requests. And unfortunately, as a 2023 Facility Utilization Study shows, the school situation is dire. Shifting students around as a bandaid would simply overcrowd other areas. Most schools are in or well past the optimal capacity to deliver a high quality education and function efficiently. Many are operating past capacity with no immediate solution in sight. Deep concern is an understatement. As you already know, the strength and capacity of schools have a direct impact on staff retention, test scores, home prices, land value, businesses, community accolades, and more. When schools are strong, communities thrive. I realize that there are many moving parts and that the data inaccuracy is likely an accident. Regardless, acting on inaccurate data on this scale not only contradicts your Comprehensive Plan regarding public infrastructure (Goal IV) and high quality education (Goal XIV,) strategy and implementation, it is in direct opposition to the vision of New Hanover County Government for "A vibrant, prosperous, diverse coastal community, committed to building a sustainable future for generations to come." As Market Street Townhomes (Case Z23-21)1 was already voted on, I respectfully ask you to reconvene and deliberate using correct school statistics. Questions: • What is the standard procedure if incorrect data is used in deliberating and approving a development? 12 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 21 • Looking forward, how can communication and data consistency be improved? Growth is clearly exceeding projections; what measures of caution can be added when deliberating rezoning requests, as well as ensuring our schools are strong. • How can I as a community member support your efforts in responsible planning that benefits our schools, children, and community? Thank you for your time and your hard work for our community. I truly appreciate you all. Sincerely, Christy Mason 13 Board of Commissioners - January 8, 2024 ITEM: 10- 16 - 22 Case Z23m2l Rezoning Request: 33.54 acres from B-21 1-1 & R-15 to (CZD) RMF-M Applicant: CIP Construction Company Property Owner: Bee Safe Porters Neck LLC, Herbert E Parham, Robert L Yunaska Zach Dickerson Senior Planner ZONING N ceded -CA 100 o o'00� _ %7. V ha Oi Zoning ' Sy` o A ❑ B-1 Goo B-2 ow ❑ I-1 i �y�G a�derll')C3 r% yes i ❑ R-20 �.. Oaf C5 , CZD D Z23-21 Existing Site Conditions AERIAL Site .. -... . . At E. . - .-- Aft - . .. .-.. . . . I I I I KENNA% Representative Developments of Townhomes Woodlands at Echo Farms 9 PROPOSED EMERGENCY VEH IDLE Il CCESSG N SE7BACK FROM PROPERTY LINE TO ALLOW VEICLEACC OUTSIDE OF ADJACENT NEIGHBRHOOD R PROPOSED WIDENED BUFFER OPEN SPACE AUJACENT TO SINGLE FAMILY NEIGHBORHOOD PROPOSED TRASH COMPACTORSCREENED FROM ADJACENT PROPERTIES & LOCATED AWAY FROM EXISTING HOMES Brays Drive Access Tow n h o m e s PROPOSED MOTOR COURTIN REAR OFTOWNHOMES, TY ACCESS TO GARAGES & MAJORITY OF SURFACE PARKIN FOR UNITS SCREENED FROM STREETSCAPE AREAS PROPOSED 91 PARKING SPACES IN THE BACK OF THE UNITS, TYP, I PROPOSED MIDDLE ON IT WITH A GARAGE, TYP. I SANDERS FAMILY STORAGE LLC R03600-005-005-000 ! STORAGE ■��••�af�i'%•i _'i""."'eta,-..� _ r�iY�: 5' IDE INTERIOR SETB PON - ' cLUBHo SU BIPooL:_ rq 1 P L RFA o GRILL AAREA la f 'E IN7 !OR SETSA:K r OLLC - WLM PROP R03600-0015 06-000 B-2 f I 1 RETAIL EXISTING SPECIMEN LIVE OAKS REHBOMAIN AS ENTRANCE FEATURE TO NEI RHOOD POTENTIAL EXIT GATE J POTENTIAL ENTRY GATE PARALLEL SPACES PROVIDE PROPOSED 95:22'PARALLEL SPACES; TYP.; VISITOR PARKING & RESIDENT OVERFLOW PARKING PROPOSED END UNIT WITH NO GARAGE TYP_ REAR PARCELS AmenityArea ROAD ACCESS TO REAR LAND I EXISTING HEAVILY VEGETATED AREA TO REMAIN AS OPEN SPACE & BUFFER ri. • II Adjacent Open Space i0G14G `�f. • - �'rl'll'�11 � 1�I��f11'1 SINGLEFAMl YREGOE TIAL 2O'TYP ABUFFER Existing Pond Imo. - - - _ _ - - I •�. - - f��.. �rrrrrrr�lli•rllirir.::....__._ .. I ��_ .,.. � �Y\ �• I ! I I I I �s,'Esg� 2o�w M A►ttk cPB o �.96D aS-OguRG 1 ftp3�.R REBlOERTINL r• OyreC17ABA12'� 1 RICH Ra3&00'�y 51N GLEFPIdlI SlDEI`ITIAI- ' SINGL�PPNo 1 — ->> y � \ Stormwater Pond \\ `1y-� 4� J11I1 Sera _11 'i / \�', ❑ � ull �o�¢ III � I� I � oil lisp -ta ;'I..�i1�G is ■■emu■ ■tea■■�f■�� aaa■�a! ■ .� I I r 1 ■■M■A .. -... . . At E. . - .-- Aft - . .. .-.. . . . I I I I KENNA% Trip Generation Traffic Generated by Present 75 Single -Family Dwellings 53 AM / 71 PM Designation (R-15): Traffic Generated by Present Designation (6-2) Traffic Generated by Proposed Designation Increase in Traffic by Proposed Designation 22,500 sq ft of Retail 348 Single -Family Attached Dwellings + 273 Dwelling Units 53 AM / 148 PM 131AM/170PM + 25 AM / - 49 PM Required TIA Improvements Right -turn lane r `{I f. �� RpP R '• \ � III r K � ..^ y� a.. FiP,= Site. Aw - �' ■ v J F y. ` ♦, i`P w '.Vi''•�i.... ill - �' I i t6.1 g. i t ®'� T •, TAB WIN .'1;7, ° r: Tye` A i 3. ^o a VU underling 5 _ ifF\�{ ' ♦ T%-'�Ii £.jb1'1� ,1�� $ 3i j j 1r• ` } x Faw,.3 ,m... �� 1� 4 •a.. 1f, � � i '�ax�" �,1�� •,,�'� ��. ,i :� i "��_'�� nov r�Cqu�l. i. Estimated Student Generation Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high) Typical Development under Total: 16 Current Zoning 75 residential units (7 elementary, 3 middle, 5 high) Potential Development Total: 73 under Proposed Zoning 348 residential units (31 elementary, 15 middle, 25 Districts high) Compatibility • These properties are located in one of the county's more densely developed corridors and within one of the three growth nodes. • Public water and sewer is available in the area which is anticipated to experience additional commercial and residential growth. • The site plan places the amenity center closer to Market Street, serving 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. Strategic Plan Sustainable Land Use & Environmental Swards i ' [desired Outcome Through planned growth and development, residents have access to their basic needs. Natural areas and critical environmental features are enhanced and protected. Cultural amenities that enhance quality of place are safeguarded. Connect residents to basic needs through a va ri ety of housi ng a n d transportation options. Ensure development compliments natural features. Promote the community through activities that enhance life and connect people. 95% of residential units are within a 10-minute drive of health carer childcare, grocery stores and pharmacies Increase the housing supply to a level of one residential unit rtwo residents Reduce the nu tuber of new residential lots created in specia flood hazard areas within the unincorporated county Reduce bacterial contaminants in county creeks Increase in attendance at county -operated cultural and recreation facilities Residents report their culture is valued in Ne+v Hanover County New Hanover County Future Land Use Map ffi �pde� Lawry LM LUMNERCE ZONE L EM L ua Ja rc L co � rsuaa�Aesmeruen The FuWre Land Usa Map Is no[ legally binjl ng like the N— Hanover County Zoning Map. It is Intanal to be a general representation Nthe 25 year vision for New Hapwer County c sated by the cif—wbo were in�o Wad with Plan NHC, and will be used to gvide future development decisions, 2016 Comprehensive Plan Place Type: General Residential and Urban Mixed Use LAND USE z GENERAL RESIDENTIAL ■ URBAN MIXED USE COMMUNITY MIXED USE ■ CONSERVATION Z23-21 Planning Board Action • The Planning Board considered this application at the November 2, 2023 meeting and voted (4-2) to recommend APPROVAL of the petition. • The Board found 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. • The Board also found RECOMMENDING APPROVAL of the project was 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 pod to the proposed outfall. 6. Buildings will be a maximum of three stories. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Regular DEPARTMENT: Planning PRESENTER(S): Wendell E. Biddle, Development Review Planner CONTACT(S): Wendell E. Biddle; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning and Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z23-22) - Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.0 acres of a 7.8 acre parcel zoned R-20, Residential, located at 4224 Castle Hayne Road to (CZD) B-2, Regional Business for a Contractor Office BRIEF SUMMARY: The applicant is proposing to rezone approximately 2.0 acres of a 7.8 acre parcel from R-20 to (CZD) B-2, Regional Business for the operation of a Contractor Office. The two acres requested for rezoning front Castle Hayne Road and contain an existing 5,000 square foot structure, while the residual 5.8 acres of the parent parcel which are not included in this proposal will remain residentially zoned R-20. The property owner proposes to utilize the existing structure as an administrative office and storage facility for equipment and fleet vehicles from which a landscape contracting firm will operate Monday through Friday 6:00 AM to 7:00 PM. The applicant has conditioned that an enhanced Type A Opaque Buffer yard will include a staggered row of evergreen trees along the northeastern property line. The applicant also has conditioned restrictions on exterior lighting and an aeration system for the anticipated stormwater pond. The R-20 district was established in 1985. At the time the purpose of the R-20 zone was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, the Castle Hayne Road corridor has experienced a transition to mixed commercial districts particularly north of the 1-140 interchange. Under the current R-20 district, approximately 14 dwelling units at a maximum density of 1.9 dwelling units per acre would be allowed under performance residential standards. The subject 2.0-acres is estimated to generate approximately three of the total dwelling units. The B-2 district was established to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or that rely on pass - by traffic. The Unified Development Ordinance (UDO) defines the proposed principal use, Contractor Office, as: an establishment primarily engaged in the day-to-day administrative and clerical services for businesses providing contracted services, such as building contractors, heating and air conditioning (HVAC) repair, landscaping and janitorial services, etc., that require outside and/ or fleet storage. The use may include some on -site repair and material preparation work. Board of Commissioners - January 8, 2024 ITEM: 11 Commercial districts adjacent to residential properties are prescribed additional standards. When a B-2 district is adjacent to a residentially zoned parcel, a 30-foot interior side setback and a 35-foot rear setback is required of all structures. The existing structure on site is approximately 15 feet from the interior side lot line. To accommodate an adaptive reuse of the structure, the applicant applied for and was conditionally approved for a variance of 15 feet for the side setback. The variance granted is predicated on the approval of the accompanying Conditional Use Request consisting of a rezoning of the 2.0-acre portion of the property from an R-20, Residential District, to a conditional Regional Business district. Also, that the variance shall only apply to the existing structure on the property and not to any expansion of the structure or to any new structures. The proposed project is located along a minor arterial highway that currently has capacity. The site has frontage on Castle Hayne Road, which can be used to navigate to the 1-140 interchange that is less than one mile southwest. The applicant has indicated that site access will be improved to meet North Carolina Department of Transportation (NCDOT) driveway conditions. Per the Wilmington Metropolitan Planning Organization (WMPO) and NCDOT the traffic generation is under the 100 peak hourthreshold required to necessitate a Traffic Impact Analysis (TIA). While there is residential, agricultural, and undeveloped land nearby, the subject lot is located approximately three quarters of a mile north of the 1-140 interchange and the General Electric campus. The subject parcel is also north of a (CZD) CS district, south of two (CZD) 0&1 parcels, and west of a (CZD) B-2 parcel. Slightly further west is a light industrial district designated 1-1. While this portion of Castle Hayne Road has seen a number of light industrial and commercial rezoning's since zoning was first established, development has been constrained due to lack of public water and sewer access. The closest location of Cape Fear Public Utility Authority (CFPUA) water is approximately a quarter of a mile away at the intersection of Hermitage and Castle Hayne Road. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates this site as Community Mixed Use and Employment Center, which focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors while the Employment Center place type serves to provide areas for employment and production on hub where office and light industrial uses predominate. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single- family residential. The proposed (CZD) B-2 zoning request is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types of uses, and the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. The Planning Board considered this application at the December 7, 2023, meeting. No one from the public spoke in support or in opposition to the project. While deliberating, the Board expressed concern that condition three, as was presented, would require the property owner to incorporate a stormwater pond to accommodate an aeration system regardless of whether the storm water design warranted a pond. With the applicant's acceptance of modifying condition three the Planning Board voted to recommend approval of the petition (7-0) with the details of condition three detailed below. The Planning Board found this project to be CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types. The Planning Board found RECOMMENDING APPROVAL of the project was reasonable and in the public interest because the application limits use to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. The Planning Board voted unanimously (7-0) to recommend approval of the Board of Commissioners - January 8, 2024 ITEM: 11 petition with the following conditions: 1. The non -conforming side setback of the existing structure to the northeastern boundary will be mitigated with enhanced buffering to include alternate planting of evergreen trees to enhance the opaque buffer yard. No activities shall occur in that area. 2. 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. 3. If a stormwater pond is required during technical review, an aeration system will be installed in the stormwater pond for mitigation against insect infestation. 4. The proposed rezoning's principal use shall be limited to Contractor Office, prohibiting the outdoor storage of yard debris, retail sales, and fleet vehicle maintenance on site. STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. ■ Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. o Resilient infrastructure drives economic growth and opportunities. ■ Lead the area in well -planned infrastructure creation and resources. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the Comprehensive Plan, zoning considerations, and technical review. The proposed rezoning is for the adaptive reuse of the existing structure from which a landscape contracting firm will operate. This structure will also store associated equipment and fleet vehicles. The property is located along Castle Hayne Road between low density residential development and commercially zoned properties to the north, east, west, and south. With being less than one mile north of the 1-140 interchange and being located in an area that has transitioned to more commercial and industrial activities since initial zoning, the subject parcel is found to be in an area anticipated for future commercial development along the corridor. The proposed land use, Contractor Office, is found to be similar in nature and impact to the other uses in the area while also in keeping with the Community Mixed Use and Employment Center place types. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types, and the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Following the Planning Board meeting, the language of condition two was reviewed and found to not adequately represent the Unified Development Ordinance's exterior lighting guidelines as was intended. Based on this information both staff and the applicant recommend amending condition two as outlined below. As a result, staff concurs with the Planning Board recommendation and suggests the following motion with the proposed conditions: I move to recommend APPROVAL of the proposed rezoning to a Conditional B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses Board of Commissioners - January 8, 2024 ITEM: 11 recommended in both Community Mixed Use and Employment Center place types. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the application limits use to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Proposed Conditions: 1. The non -conforming side setback of the existing structure to the northeastern boundary will be mitigated with enhanced buffering to include alternate planting of evergreen trees to enhance the opaque buffer yard. No activities shall occur in that area. 2. All exterior luminaries, including security lighting, for nonresidential, multi -family, and mixed -use developments adjacent to single family residential subdivisions shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut-off Fixtures of the Unified Development Ordinance. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. 3. If a stormwater pond is required during technical review, an aeration system will be installed in the stormwater pond for mitigation against insect infestation. 4. The proposed rezoning's principal use shall be limited to Contractor Office, prohibiting the outdoor storage of yard debris, retail sales, and fleet vehicle maintenance on site. ATTACHMENTS: BOC Script Staff Report Zoning Map Future Land Use Map Mail Out Map Application Co\,er Sheet Application Materials Concept Plan Corer Sheet Concept Plan Public Comment Co\er Sheet Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with staff conditions. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 8, 2024 ITEM: 11 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application for Zoning Map Amendment Application (Z23-22) Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.0 acres zoned R- 20, Residential, located at 4224 Castle Hayne Road to (CZD) B-2, Regional Business, for the use of Contractor Office. 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 of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in both Community. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Proposed Conditions: I. The non -conforming side setback of the existing structure to the northeastern boundary will be mitigated with enhanced buffering to include alternate planting of evergreen trees to enhance the opaque buffer yard. No activities shall occur in that area. 2. All exterior luminaries, including security lighting, for nonresidential, multi -family, and mixed - use developments adjacent to single family residential subdivisions shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut-off Fixtures of the Unified Development Ordinance. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Board of Commissioners - January 8, 2024 ITEM: 11- 1 - 1 3. If a stormwater pond is required during technical review, an aeration system will be installed in the stormwater pond for mitigation against insect infestation. 4. The proposed rezoning's principal use shall be limited to Contractor Office, prohibiting the outdoor storage of yard debris, retails sales, and fleet vehicle maintenance on site. 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 to a conditional B-2, Regional Business district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed use and Employment Center place types, I find DENIAL of the rezoning request is not reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and will adversely impact the adjacent residential areas. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional B-2, Regional Business district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 8, 2024 ITEM: 11- 1 - 2 STAFF REPORT FOR Z23-22 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-22 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf Stephen Lisiecki of Outdoor Experts, LLC Location: Acreage: 4224 Castle Hayne Road 2.0 Acres of a 7.8 Acre parcel (CZD) B-2 PID(s): Comp Plan Place Type: R01700-004-033-000 Community Mixed Use & Employment Center Existing Land Use: Proposed Land Use: Residential Accessory Use and Undeveloped Contractor Office Land Current Zoning: Proposed Zoning: R-20 (CZD) B-2 SURROUNDING AREA LAND USE ZONING North Dental Clinic, Cape Fear Spay & Neuter Clinic, (CZD) 0&1, RA Single -Family Residential, and Undeveloped Land East Single -Family Residential, Commercial, and Light R-20, (CZD) B-2, & 1-1 Industrial (1-1) South Single -Family Residential, Undeveloped Land R-20 West Single -Family Residential, Undeveloped Land, R-20, 1-2, & (CZD) CS General Electric, and Commercial Services (CS) Z23-22 Staff Report BOC 01.08.2024 Page 1 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 1 ZONING HISTORY July 1, 1985 Initially Zoned as R-20 (Castle Hayne) COMMUNITY SERVICES Water/Sewer CFPUA sewer and water are not available. Both an existing well and a new septic system serve the site. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Station 13. Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High Schools Recreation Castle Hayne Park, Blue Clay Bike Park, Cape Fear Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z23-22 Staff Report BOC 01.08.2024 Page 2 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN woad Anticipated Stormwater Pond � b o Existing Well Existing 5,000 Sq. Ft. Structure � r .10 Employee Parking and Driveway 10- i dc, Residential E-20] Undisturbed Vegetation Concept Pan with Staff Markups • The subject 2.0-acre site is currently part of a parent parcel approximately 7.8 acres in area, fronts Castle Hayne Road, and contains an existing well and a 5,000 square foot structure. The residual 5.8 acres are not included in this proposal and will remain zoned R- 20. • The principal land use of the proposed (CZD) B-2 is Contractor Office. • The property owner proposes to utilize the existing structure as an administrative office and storage facility for equipment and fleet vehicles from which a landscape contracting firm will operate Monday through Friday 6:00 AM to 7:00 PM. • The applicant has conditioned that fleet vehicle maintenance will be conducted off site. Z23-22 Staff Report BOC 01.08.2024 Page 3 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 3 • The applicant has conditioned an enhanced Type A Opaque Buffer yard that will include a staggered row of evergreen trees along the northeastern property line. • The applicant has also conditioned restrictions on exterior lighting, limiting the extent of the principal land use, and in anticipation of a stormwater pond, requiring an aeration system that will provide insect mitigation to the neighboring properties. • Access will be provided through the existing residential driveway connection to Castle Hayne Road. In the event that the conditional rezoning request is approved, an NCDOT Driveway permit will be required prior to Technical Review Committee (TRC) approval. • The subject lot's septic system is located approximately 400 feet south of the existing structure within the residential R-20 portion of the lot. New Septic System for Existing 5,000 778.44' SF Structure ApproXimate 4o Proposed (CZD) B-2 District 00 _ ��a'�� od„ Y _ -- - sUpp/y � Remaining 5.8 Acre R-20 o 0 3 Q 1306.61' Existing 5,000 SF Structure Existing Well 4224 Castle Hayne Road Septic Site Plan with Staff Markups ZONING CONSIDERATIONS • The R-20 district was established in 1985. At the time the purpose of the R-20 zone was to ensure that housing served by private septic and wells would be developed at low densities. • Under the current R-20 district, approximately 14 dwelling units at a maximum density of 1.9 dwelling units per acre would be allowed under performance residential standards. The subject 2.0-acres is estimated to generate approximately three of the total dwelling units. • The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto - oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. • The Unified Development Ordinance (UDO) defines the proposed principal use, Contractor Office, as: An establishment primarily engaged in the day-to-day administrative and clerical services for businesses providing contracted services, such as building contractors, heating and air conditioning (HVAC) repair, landscaping and janitorial services, etc., that require outside andlor fleet storage. The use may include some on -site repair and material preparation work. • Commercial districts adjacent to residential properties are prescribed additional standards. When a B-2 district is adjacent to a residentially zoned parcel, a 30- foot interior side setback and a 35-foot rear setback is required of all structures. The existing structure on site is approximately 15 feet from the interior side lot line. Z23-22 Staff Report BOC 01.08.2024 Page 4 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 4 • To accommodate an adaptive reuse of the structure, the applicant applied for and was conditionally approved for a variance of 15 feet for the side setback. • The variance granted is predicated on the approval of the accompanying Conditional Use Request consisting of a rezoning of the 2.0-acre portion of the property from an R-20, Residential District, to a conditional Regional Business district. Also, that the variance shall only apply to the existing structure on the property and not to any expansion of the structure or to any new structures. • Specific transitional buffers prescribed by the UDO require that both of the subject parcel's interior property lines implement a Type A: Opaque Buffer between the subject lot and the adjacent residential districts. To accommodate the existing structure's distance from the eastern property line, a buffer type combining both fencing and vegetation will be necessary to meet this requirement in some locations. • If approved, the project would be subjected 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. Z23-22 Staff Report BOC 01.08.2024 Page 5 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 5 AREA SUBDIVISIONS UNDER DEVELOPMENT Z23-22 Staff Report BOC 01.08.2024 Page 6 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 6 TRANSPORTATION Site Access Access: Castle Hayne Rd �a e C� r ao Subject Site N co G CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of three single-family dwelling units within the subject two acres. PROPOSED ACCESS Primary Access Full access to Castle Hayne Road. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Z23-22 Staff Report BOC 01.08.2024 Page 7 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 7 Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 15,459 Latest Traffic Volume (AADT) 10,500 Latest WMPO Point -in -Time County N/A (DT) Current Level of Congestion Under Capacity NEARBY NCDOT STIP ROADWAY PROJECTS - Widen Castle Hayne Road into multi -lanes from I- 140 to Division Drive. Right -of -Way acquisition U-5863 — Castle Hayne Road and utilities is currently scheduled to take place in Improvements FY 2025, with construction beginning after 2029. (post-2029 Completion) - This roadway project is proposed for Castle Hayne Road south of the 1-140 interchange and does not directly affect the subject lot. TRAFFIC GENERATION Traffic Traffic Generated Potential Generated by by Proposed Impact of Present (Small Office Proposed Designation Building) Designation Designation AM Peak Hour Trips 2 8 6 PM Peak Hour Trips 3 1 1 8 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a minor arterial highway that currently has capacity. The site has frontage on Castle Hayne Road, which can be used to navigate to the 1-140 interchange that is less than one mile southwest. The applicant has indicated that site access will be improved to meet NCDOT driveway conditions. Per the WMPO and NCDOT the traffic generation is under the 100 peak hour threshold required to necessitate a Traffic Impact Analysis (TIA). Z23-22 Staff Report BOC 01.08.2024 Page 8 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 8 ENVIRONMENTAL • The property is not within a Natural Heritage Area or a Special Flood Hazard Area. • The property is within the Prince George Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitation) soil. CFPUA water and sewer are not available on site. • A private well is on site and located within the front two acres of the parcel. • Also on site is a new septic system. However, due to soil suitability the location of the system is approximately 400 feet south of the existing structure, within the remaining R-20 portion of the lot. 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 The proposed (CZD) B-2 rezoning will allow a Through planned growth and development, business that can support the surrounding residents have access to their basic needs. community to be located in a transitional area along a major roadway corridor and in close proximity to a number of households. The plan aims to prepare for the long-term A business -friendly environment that promotes needs of businesses and to maintain new growth, agility, and collaboration. business growth within 2.5% of the state. The proposed commercial zoning district will enable a new business. Z23-22 Staff Report BOC 01.08.2024 Page 9 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 9 Representative Developments Representative Developments of R-20 (Existing Zoning/Land Used Holland Drive R + x F'wf;in Long Leaf Drive Z23-22 Staff Report BOC 01.08.2024 Page 10 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 10 Representative Developments of Proposed Use: Castle Hayne Road Adaptive Reuse of a Single -Family Residence to a Dental Clinic q ,,t>, 1 Ocean Blue Pools & Spas on Market Street Z23-22 Staff Report BOC 01.08.2024 Page 12 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 12 1 Ocean Blue Pools & Spas on Market Street Z23-22 Staff Report BOC 01.08.2024 Page 12 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 12 Edge Landscaping on Blue Clay Road Context and Compatibility • The proposed rezoning is for 2.0 acres of the 7.8-acre parcel that is fronted by Castle Hayne Road. • While there is residential, agricultural, and undeveloped land nearby, the subject lot is located approximately three quarters of a mile north of the 1-140 interchange and the General Electric campus. • The subject parcel is also north of a (CZD) CS district, south of two (CZD) 0&1 parcels, and west of a (CZD) B-2 parcel. Slightly further west is a light industrial district designated 1-1. • With the site's proximity to the 1-140 interchange and the area transitioning to more commercial and industrial activities, this portion of Castle Hayne is likely to develop into a service node within the coming years, rendering new single-family development along the Castle Hayne Road corridor less likely. • The proposed use, Contractor Office, is similar in nature and impact to the nearby commercial development activity which includes the adaptive reuse of two single-family residences for the operation of a dental office as well as a spay & neuter clinic. Also nearby is a mini -warehouse storage facility amongst other community level service uses. • Nearby residential development includes the River Bluffs Planned Development (PD) district. • While this portion of Castle Hayne Road has seen a number of light industrial and commercial rezonings since zoning was first established, development has been constrained due to lack of public water and sewer access. The closest CFPUA water access point is approximately a quarter of a mile away at the intersection of Hermitage and Castle Hayne Road. Z23-22 Staff Report BOC 01.08.2024 Page 13 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 13 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE Coif North M�9 e�d 0 Whale Parcel p. 0 LM 49vj Site Al Area of Rezoning �dr Future Land Use \La COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL _ COMMUNITY MIXED USE NE RURAL RESIDENTIAL Community Mixed Use & Employment Center Future Land Use Because of the general nature of place type borders, sites located in Map Place Type proximity to the boundaries between place types could be appropriately developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. Community Mixed Use: Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, multi -family, and Place Type single-family residential. Description Employment Center serves to provide areas for employment and production hub where office and light industrial uses predominate. It can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Z23-22 Staff Report BOC 01.08.2024 Page 14 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 14 The subject property is in the northern portion of the county, located north of the 1-140 interchange and the Wrightsboro commercial node. These areas are connected by Castle Hayne Road, a minor arterial roadway. The Comprehensive Plan classifies the northwestern portion of the property fronting Castle Hayne Road as Community Mixed Use- a common classification along the Castle Hayne Road corridor while the remaining southeastern portion of the parcel falls within the Employment Center, which is also a common place type found between Castle Hayne Road and Analysis Hermitage Road. The Community Mixed Use place type includes commercial uses and encourages infill development along highway corridors. The proposed project could be appropriate in the transitional area while providing service to nearby residents. Additional conditions have been offered such as the incorporation of an enhanced interior side buffer along the eastern lot line, considerations towards exterior lighting and stormwater aeration, and limiting the scope of the proposed principal use. The proposed rezoning request is generally CONSISTENT with the Consistency Comprehensive Plan because the proposed limited commercial use is Recommendation encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. PLANNING BOARD MEETING The Planning Board considered this application at the December 7r", 2023, meeting. No one from the public spoke in support or in opposition to the project. While deliberating, the Board expressed concern that condition three, as was presented, would require the property owner to incorporate a stormwater pond to accommodate an aeration system regardless of whether the storm water design warranted a pond. With the applicant's acceptance of modifying condition three the Planning Board voted to recommend approval of the petition (7-0) with the details of condition three detailed below. The Planning Board found this project to be CONSISTENT with the 2016 Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types. The Planning Board found RECOMMENDING APPROVAL of the project was reasonable and in the public interest because the application limits use to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. The Planning Board voted unanimously (7-0) to recommend approval of the petition with the following conditions: 1 . The non -conforming side setback of the existing structure to the northeastern boundary will be mitigated with enhanced buffering to include alternate planting of evergreen trees to enhance the opaque buffer yard. No activities shall occur in that area. Z23-22 Staff Report BOC 01.08.2024 Page 15 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 15 2. 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. 3. If a stormwater pond is required during technical review, an aeration system will be installed in the stormwater pond for mitigation against insect infestation. 4. The proposed rezoning's principal use shall be limited to Contractor Office, prohibiting the outdoor storage of yard debris, retail sales, and fleet vehicle maintenance on site. STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The proposed rezoning is for the adaptive reuse of the existing structure from which a landscape contracting firm will operate. This structure will also store associated equipment and fleet vehicles. The property is located along Castle Hayne Road between low density residential development and commercially zoned properties to the north, east, west, and south. With being less than one mile north of the 1-140 interchange and being located in an area that has transitioned to more commercial and industrial activities since initial zoning, the subject parcel is found to be in an area anticipated for future commercial development along the corridor. The proposed land use, Contractor Office, is found to be similar in nature and impact to the other uses in the area while also in keeping with the Community Mixed Use and Employment Center place types. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types, and the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Following the Planning Board meeting, the language of condition two was reviewed and found to not adequately represent the Unified Development Ordinance's exterior lighting guidelines as was intended. Based on this information both staff and the applicant recommend amending condition two as outlined below. As a result, staff concurs with the Planning Board recommendation and suggests the following motion with the proposed conditions: I move to recommend APPROVAL of the proposed rezoning to a Conditional B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in both Community Mixed Use and Employment Center place types. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the application limits use to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Z23-22 Staff Report BOC 01.08.2024 Page 16 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 16 Proposed Conditions: 1. The non -conforming side setback of the existing structure to the northeastern boundary will be mitigated with enhanced buffering to include alternate planting of evergreen trees to enhance the opaque buffer yard. No activities shall occur in that area. 2. All exterior luminaries, including security lighting, for nonresidential, multi -family, and mixed -use developments adjacent to single family residential subdivisions shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut- off Fixtures of the Unified Development Ordinance. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. 3. If a stormwater pond is required during technical review, an aeration system will be installed in the stormwater pond for mitigation against insect infestation. 4. The proposed rezoning's principal use shall be limited to Contractor Office, prohibiting the outdoor storage of yard debris, retail sales, and fleet vehicle maintenance on site. Alternative Motion for Denial (If based on information provided at the public hearing or other consideration beyond the scope of staff review, the Board finds approval appropriate). I move to recommend DENIAL of the proposed rezoning to a Conditional B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and will adversely impact the adjacent residential areas. Z23-22 Staff Report BOC 01.08.2024 Page 17 of 17 Board of Commissioners - January 8, 2024 ITEM: 11- 2 - 17 rft&.e. Site Address: Z23-22 4224 Castle Hayne Rd wi 0 Whole Parcel Area of Rezoning �j CZD Zoning ❑ B-1 B-2 ❑ O&I ❑ I-1 I-2 ❑ RA ❑ R-20 CS Existing Zoning/Use: R-20 CZD�O&1 Site '171 CZD]B=2 Proposed Zoning/Use: (CZD) B-2 R-20 AN •: N A* Commissioners - January 8, 2024 ITEM: 11- 3 - 1 over Co I my NC Site Address: Z23-22 4224 Castle Hayne Rd Nearby Properties Parcels Within 510 ft Existing Zoning/Use: R-20 Site Proposed Zoning/Use: N (CZD) B-2 jk of a Initial Application Documents & Materials Board of Commissioners - January 8, 2024 ITEM: 11- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 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 (TRC Optional) mendation Decision 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Glenn & Janet Weaver Nester Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 4224 Castle Hayne Road City, State, Zip City, State, Zip Wilmington, NC 28406 Castle Hayne, NC 28429 Phone Phone 910-620-2374 910-297-1895 Email Email cwolf@lobodemar.biz janetweaver@yahoo.com Board of Commissioners - January 8, 2024 Page 1 of 7 ITEM: 11- 7-donditional Zoning District Application — Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) 4224 Castle Hayne Road 322119.61.8719 [R01700-004-033-000] Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 7.90 ac. R-20 / Residential Community Mixed -Use & Employment Center 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) B-2 Total Acreage of Proposed District: 2.00 ac. Maximum Residential Density (if applicable) Maximum Non -Residential Square Footage (if applicable) N/A 5000 s.f. GFA 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 - January 8, 2024 Page 2 of 7 ITEM: 11- 7-8onditional 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. 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 -Tenant Office (ITE - 715) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 5000 s.f. Building AM Peak Hour Trips: 9 I PM Peak Hour Trips: 9 Board of Commissioners - January 8, 2024 Page 3 of 7 ITEM: 11- 7-&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 - January 8, 2024 Page 4 of 7 ITEM: 11- 7-6onditional 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 - January 8, 2024 Page 5 of 7 ITEM: 11- 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) 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 - January 8, 2024 Page 6 of 7 ITEM: 11- 7-&nditional Zoning District Application — Updated 06-2023 Cl Documentation on soil types and infiltration rates If underground stormwater facilities proposed NIA ❑ One (I) 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: I. 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 A. Provide written consent to any and all conditions of approval. (�' \� �)-a v Qa � Sig atwre of Property Owner(s) ,5 Signaturi of Applicant/Agent Janet Weaver Nester 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 of the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - January 8, 2024 Page 7 of 7 ITEM: 11- 7 Conditional Zoning District Application -» Updated 06-2023 Legal Description for Conditional District Rezoning of p/o 4224 Castle Hayne Road Beginning at a point in the southeastern boundary of Castle Hayne Road (U.S. Hwy. 117), a 60' public right-of-way; said point being the northeastern -most corner of "Tract B," shown on a plat entitled "Division of Farm 105 — Marathon Colony," recorded among the land records of the New Hanover County Registry in Map Book 28, at Page 173; and running thence: South 32050'15" East, 528.00 feet to a point; thence South 57006'15" West, 165.00 feet to a point; thence North 32050'15" West, 528.00 feet to a point; thence North 57°06'15" East, 165.00 feet to the point and place of beginning, containing 2.00 acres, more or less. Board of Commissioners - January 8, 2024 ITEM: 11- 7 - 10 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) 4224 Castle Hayne Road 322119.61.8719 [R01700-004-033-000] Meeting Date and Time Tuesday, September 26, 2023 / 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 - January 8, 2024 Page 1 of 2 ITEM: 11- 7C-.iJnunity 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) The proposed stormwater pond location on the initial site layout exhibit was amended by shifting it further away from the adjacent Owner's property. A condition was added that aerate would be a feature of the pond design & operation. The extent of new gravel surface was substantially reduced - thereby lowering the total amount of built -upon surfaces. 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. 1 Cindee Wolf / Design Solutions 5ignatu of Applicant or Applicant' t t Print Name 09/27/23 Date g Page 2 of 2 Board of Commissioners -o an uar� TrltoOmation Meeting Report —Approved 06 2022 ITEM: 11- f- `' Community Information Meeting 4224 Castle Hayne Road Date: Wednesday, September 26, 2023 Name Address Email (Optional) L 2 171- C4-"e-C A- yvylHai,11KM St viCf V ►yea ve 41hoo , Ce MARK 4 1 PU Julie Carpenter Agent julie.carpenter@nestrealty.com Stephen Lisiecki Outdoor Experts Stephen@outdoorexpertsllc.com Cindee Wolf Project Planner cwolf@lobodemar.biz n% .Ca 0 Board of Commissioners - January 8, 2024 ITEM: 11- 7 - 13 vm, � rn kN I r V ig! � p N ,L ty U VA .. N tl1 u'1 N k iry N i ul �ulaa N -- W W r• j.. 7 er N _ U] ill LO a, N 00. H Uk © N N M! M! to Ln F- o p � z 00 c? 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N, 14 N _J w: ; LO �- �, Ca !LI 0 N M4 H z m EJ M r.� Board of Commissioners - January 8, 2024 ITEM: 11- 7 - 14 a n ❑ ❑ 0 " PROPERTIES WITHIN A 500' PERIMETER OF 4224 CASTLE HAYNE ROAD: SUBJECT PROPERTY NESTER GLENN JANET 4224 CASTLE HAYNE RD CASTLE HAYNE NC 28429 ADJACENT PROPERTY OWNERS BESSETTE RICHARD P KRISTEN D BLACKMAN JOHN M CAYTON WILMA S HEIRS CHICKEN COOP ENTERPRISES LLC CODERRE SHANE ETAL CONCRETE SERV CO OF JACKVLE DEGIFFARDE CLAUDIO GWENDOLYN DIAZ JUAN CECILIA G DRISH JOHN M SR DAPHNA K ETAL DUPRIEST MAUDE REE HEIRS HERMITAGE PROP HOLDINGS LLC HERRON APRIL G JAMES D KAPCOR LLC KORNEGAY RONALD E NINA M LEWIS LESLIE LEWIS LESLIE MULLINS DAVID WAYNE MULLINS WILLIAM R MICHELE L MULLINS WILLIAM R MICHELE L NESTER GLENN JANET RAMIREZ FRANCISCO J SHARP WILLIAM C ETAL SHARP WILLIAM C ETAL SZCZERBIAK STEPHEN J JR WHITE FAMILY TRUST WHITE FAMILY TRUST MAILING ADDRESS 4840 SUNSET FOREST CIR PO BOX 15681 4324 CASTLE HAYNE RD 4229 CASTLE HAYNE RD 2005 CANE ISLAND PL PO BOX 1867 307 HERMITAGE RD 4815 CASTLE HAYNE NC PO BOX 12310 PO BOX 580 PO BOX 571 1008 TIDINGS RD 660 AUGUSTINE AVE 4241 CASTLE HAYNE RD 4128 CASTLE HAYNE RD 4128 CASTLE HAYNE RD 204 RENWOOD CIR 4228 CASTLE HAYNE RD 4228 CASTLE HAYNE RD 2955 ORVILLE WRIGHT WAY STE 120 4120 CASTLE HAYNE RD 205 HERMITAGE RD 205 HERMITAGE RD 104 MCDOUGALD DR 300 HERMITAGE RD 300 HERMITAGE RD CITY / STATE / ZIP HOLLY SPRINGS NC 27540 WILMINGTON NC 28408 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 WILMINGTON NC 28409 FAYETTEVILLE NC 28302 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 WILMINGTON NC 28405 CASTLE HAYNE NC 28429 WRIGHTSVILLE BCH NC 28480 LELAND NC 28451 SUPPLY NC 28462 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 WILMINGTON NC 28405 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 WILMINGTON NC 28405 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 Board of Commissioners - January 8, 2024 ITEM: 11- 7 - 16 September 13, 2023 To: Adjacent Property Owners Re: Outdoor Experts / 4224 Castle Hayne Road Outdoor Experts is a professional design / build landscape contractor that is interested in locating their facilities at this address. The property is currently owned by Glenn & Janet Nester, zoned R-15, and already has an existing storage building. The proposed plan is to improve an area for employee parking and a fenced / outdoor materials storage yard at the rear. The rezoning petition would be a Conditional District for Highway Business (CZD / B-2) and would require approval from 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, 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 Tuesday, September 26t", 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 - January 8, 2024 ITEM: 11- 7 - 17 V Ilk .t elk ? as -" '� ` , r•�'I1� € �t Board of Commissioners - January 8, 2024 r.};- ;,`" ITEM: 11- 7 - 18 �: Concept Plan Board of Commissioners - January 8, 2024 ITEM: 11- 8 - 1 '/f Chicken Coop Enterprises, LLC D.B. 4508-1 57G Zoning: (CZD) 041 Land Use: 5nav / Neuter Clinic 100,loe .w 0 oe°�oo& � Ex. y' / / Ke5idence \ /< / Glenn Janet Weaver Nester D.B. G 172-7G9 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. William Michele Mullin5 D.B. 5285-1975 \ Zomng: PR-20 \ Land Use: Residential A 4 Ke5idence 2y e ° \ / 20' Wlde "Enhanced" Type "A" /Option I Buffer Yard °s\ will Include a tall variety of Arborvitae that matures at q 1 5-20' hgt5. f- staggered n �F6 rows of Wax -leaf Ligu5trum °c� \ which matures at 8- 10' hgt5. 5tormwater Management F w/ aeration �q\ S� 1 5'± Wide Type "A" / Existmg AdoF ,s, Option 3 Buffer Yard \ �o well F with 120 Lf. of G' High Screening fence w/ / �� \ �d plantin6j5 a5 Unlivable / Residence / �q 00, Employee \ Parking •� G,avel �c Employee M / Parking 2 � S1 Co Company Vehicle M Parking VV w, \ 20' Wide "Enhanced" Type 'A" / Option I Buffer Yard will include a tall variety of Arborvitae that matures at 1 5-20' hgt5. 4- staggered rows of Wax -leaf Li6ju5trum \ % which matures at 8- 10' hgt5. Proposed CZD Zoning Boundary 2.00 ac.± Development Data: Development Area - 57,120 5.f.± (2.00 ac.) Proposed Land Use - Contractor Office Total Building Area - 5000 5.f.± Max. Building Height - 1-Story / 1 8' Parking - (@ 3 spaces / 1 000 5.f. GFA) Min. Spaces Read. = 15 " Spaces Prov'd. = 15 " Approximate Surface Coverage - Ex. Rooftop - 5,000 5.f.± Existing Gravel - 12,000 5.f.± New Gravel - 5,850 5.f.± Total - 22,850 5.f.± (2G.2%) P.O. 13ox 7221 Wifmingtovt, NC 28406 Tel. 910 -620 -23 74 Des, ltq Soill 'ova. oard of Commissi Project No.: 23-35 Scale: 1"=40' Date: 1 0/02/23 Pev15on5: I I/I2/23 for septic E parking updates 1 1129123 for acce�ss,,tpp rear - J�r�kb �if �kfhnr Owner: Glenn * Janet Weaver Nester 4224 C55tle Hayne Road Castle Hayne, NC 28429 Developer: Outdoor Experts, L.L.C. P.O. Box 3 1 GG 5ummerville, 5C 29464 I 101 Septic System Field 8 \ Repair Area Conditional District Concept Plan Case No.: Z23-22 c o� N aka q c ok So �% S McDou9ald "a �A Dr Z � �� Site Hermltage Rd Vicinity Map (No Scale) 51te Inventory Notes: 1. Soils: Pn (Pantego loam) 2. This property is not impacted by any AEC. 3. There is no evidence of Conservation Overlay resources. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. '' Existing regulated trees will be located prior to detailed design B permitting. There is no evidence of Jurisdictional wetlands. There is no evidence of endangered species or habitat issues on the site. This tract is not impacted by any Special Flood hazard Area as evidenced on FEMA Map 37203221 OOK, dated August 28, 2015. D. The site runoff will flow into the Prince George Creek watershed. co GID . Remaining tract to stay zoned R-20 (5.90 ac. ±) Exl5tincJ Vegetation to remain undisturbed other than under -brushing. General Notes: I . New Hanover County Parcel No.: 3221 19.G1.8719 [PID R01700-004-033-0001 2. Total Tract Area: 7.90 ac.± 3. Current Zoning District: R-20 Proposed District - (CZD) 5-2 Proposed District Area - 2.00 ac. 4. Comprehensive Plan Cla55ificatic Community Mixed -Use Graphic Scale W 40 30 20 10 0 20 40 60 5 Property Address: 4224 Castle Hayne Road Outdoor Expertisli, Cape Fear Township / New rianover County / North Carolina E NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Regular DEPARTMENT: Planning PRESENTER(S): Wendell E. Biddle, Development Review Planner CONTACT(S): Wendell E. Biddle; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning and Land Use Director SUBJECT: Rezoning Request (Z23-22) - Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.0 acres of a 7.8 acre parcel zoned R-20, Residential, located at 4224 Castle Hayne Road to (CZD) B-2, Regional Business for a Contractor Office. BRIEF SUMMARY: The applicant is proposing to rezone approximately 2.0 acres of a 7.8 acre parcel from R-20 to (CZD) B-2, Regional Business for the operation of a Contractor Office. The two acres requested for rezoning front Castle Hayne Road and contain an existing 5,000 square foot structure, while the residual 5.8 acres of the parent parcel which are not included in this proposal will remain residentially zoned R-20. The property owner proposes to utilize the existing structure as an administrative office and storage facility for equipment and fleet vehicles from which a landscape contracting firm will operate Monday through Friday 6:00 AM to 7:00 PM. The applicant has conditioned that an enhanced Type A Opaque Buffer yard will include a staggered row of evergreen trees along the northeastern property line. The applicant has also conditioned restrictions on exterior lighting, limiting the extent of the principal land use, and in anticipation of a stormwater pond, requiring an aeration system that will provide insect mitigation to the neighboring properties. Access will be provided through an existing residential driveway connection to Castle Hayne Road. If approved, an NCDOT driveway permit will be required. CFPUA does not currently have water and sewer infrastructure in the immediate area, however, the site's well is located between the existing structure and Castle Hayne Road, while the new septic system is located approximately 400 feet south of the structure within the residential, R-20 portion of the lot due to the poor soil classification of the front two acres. The R-20 district was established in 1985. At the time the purpose of the R-20 zone was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, the Castle Hayne Road corridor has experienced a transition to mixed commercial districts particularly north of the 1-140 interchange. U nder the current R-20 district, approximately 14 dwelling units at a maximum density of 1.9 dwelling units per acre would be allowed under performance residential standards. The subject 2.0-acres is estimated to generate approximately three of the total dwelling units. The B-2 district was established to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. The Unified Development Ordinance (U DO) defines the proposed principal use, Contractor Office, as: an establishment primarily engaged in the day-to- day administrative and clerical services for businesses providing contracted services, such as building contractors, heating and air conditioning (HVAC) repair, landscaping and janitorial services, etc., that require outside and/ or fleet storage. The use may include some on -site repair and material preparation work. Commercial districts adjacent to residential properties are prescribed additional standards. When a B-2 district is adjacent to a residentially zoned parcel, a 30-foot interior side setback and a 35-foot rear setback is required of all structures. The existing structure on site is approximately 15 feet from the interior side lot line. To accommodate an adaptive reuse of the structure, the applicant applied for and was conditionally approved for a variance of 15 feet for the side setback. The variance granted is predicated on the approval of the accompanying Conditional Use Request consisting of a rezoning of the 2.0-acre portion of the property from an R-20, Residential District, to a conditional Regional Business district. Also, that the variance shall only apply to the existing structure on the property and not to any expansion of the structure or to any new structures. Specific transitional buffers prescribed by the U DO require that both of the subject parcel's interior property lines implement a Type A: Opaque Buffer between the subject lot and the adjacent residential districts. To accommodate the existing structure's distance from the eastern property line, a buffer type combining both fencing and vegetation will be necessary to meet this requirement in some locations. Board of Commissioners - January 8, 2024 ITEM: 11- 10 - 1 If approved, the project would be subjected 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 U DO, would be allowed. The proposed project is located along a minor arterial highway that currently has capacity. The site has frontage on Castle Hayne Road, which can be used to navigate to the 1-140 interchange that is less than one mile southwest. The applicant has indicated that site access will be improved to meet NCDOT driveway conditions. Per the WMPO and NCDOT the traffic generation is under the 100 peak hour threshold required to necessitate a Traffic Impact Analysis (TIA). The property is located within the Prince George Creek watershed and per the county Classification of Soils for Septic Tank Suitability, soils within the 2.0 acres under review consist of Class III (sever limitation) soil. CFPUA water and sewer are not available on site. While there is residential, agricultural, and undeveloped land nearby, the subject lot is located approximately three quarters of a mile north of the 1-140 interchange and the General Electric campus. The subject parcel is also north of a (CZD) CS district, south of two (CZD) 0&1 parcels, and west of a (CZD) B-2 parcel. Slightly further west is a light industrial district designated 1-1. With the site's proximity to the 1-140 interchange and the area transitioning to more commercial and industrial activities, this portion of Castle Hayne is likely to develop into a service node within the coming years, rendering new single-family development along the Castle Hayne Road corridor less likely. The proposed use, Contractor Office, is similar in nature and impact to the nearby commercial development activity which includes the adaptive reuse of two single-family residences for the operation of a dental office as well as a spay & neuter clinic. Also nearby is a mini -warehouse storage facility amongst other community level service uses. Nearby residential developments include the River Bluffs Planned Development (PD) district. While this portion of Castle Hayne Road has seen a number of light industrial and commercial rezoning's since zoning was first established, development has been constrained due to lack of public water and sewer access. The closest location of CFPUA water is approximately a quarter of a mile away at the intersection of Hermitage and Castle Hayne Road. The Comprehensive Plan designates this site as Community Mixed Use and Employment Center, which focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors while the Employment Center place type serves to provide areas for employment and production on hub where office and light industrial uses predominate. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The proposed (CZD) B-2 zoning request is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types of uses, and the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. The Planning Board considered this application at the December 7th, 2023, meeting. No one from the public spoke in support or in opposition to the project. While deliberating, the Board expressed concern that condition three, as was presented, would require the property owner to incorporate a stormwater pond to accommodate an aeration system regardless of whether the storm water design warranted a pond. With the applicant's acceptance of modifying condition three the Planning Board voted to recommend approval of the petition (7-0) with the details of condition three detailed below. The Planning Board found this project to be CONSISTENT with the 2016 Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types. The Planning Board found RECOMMENDING APPROVAL of the project was reasonable and in the public interest because the application limits use to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. The Planning Board voted unanimously (7-0) to recommend approval of the petition with the following conditions: 1. The non -conforming side setback of the existing structure to the northeastern boundary will be mitigated with enhanced buffering to include alternate planting of evergreen trees to enhance the opaque buffer yard. No activities shall occur in that area. 2. 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. 3. If a stormwater pond is required during technical review, an aeration system will be installed in the stormwater pond for mitigation against insect infestation. 4. The proposed rezoning's principal use shall be limited to Contractor Office, prohibiting the outdoor storage of yard debris, retail sales, and fleet vehicle maintenance on site. Board of Commissioners - January 8, 2024 ITEM: 11- 10 - 2 STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o Resilient infrastructure drives economic growth and opportunities. ■ Lead the area in well -planned infrastructure creation and resources. 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 proposed rezoning is for the adaptive reuse of the existing structure from which a landscape contracting firm will operate. This structure will also store associated equipment and fleet vehicles. The property is located along Castle Hayne Road between low density residential development and commercially zoned properties to the north, east, west, and south. With being less than one mile north of the 1-140 interchange and being located in an area that has transitioned to more commercial and industrial activities since initial zoning, the subject parcel is found to be in an area anticipated for future commercial development along the corridor. The proposed land use, Contractor Office, is found to be similar in nature and impact to the other uses in the area while also in keeping with the Community Mixed Use and Employment Center place types. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types, and the application limits uses to those which are more appropriate forthe area and additional conditions reduce impact on adjacent residential areas. Following the Planning Board meeting, the language of condition two was reviewed and found to not adequately represent the Unified Development Ordinance's exterior lighting guidelines as was intended. Based on this information both staff and the applicant recommend amending condition two as outlined below. As a result, staff concurs with the Planning Board recommendation and suggests the following motion with the proposed conditions I move to recommend APPROVAL of the proposed rezoning to a Conditional B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in both Community Mixed Use and Employment Center place types. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the application limits use to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Proposed Conditions: 1. The non -conforming side setback of the existing structure to the northeastern boundary will be mitigated with enhanced buffering to include alternate planting of evergreen trees to enhance the opaque bufferyard. No activities shall occur in that area. 2. All exterior luminaries, including security lighting, for nonresidential, multi -family, and mixed -use developments adjacent to single family residential subdivisions shall be full cut-off fixtures that are directed downward in compliance with Figure S.S.4.0 Full Cut-off Fixtures of the Unified Development Ordinance. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. 3. If a stormwater pond is required during technical review, an aeration system will be installed in the stormwater pond for mitigation against insect infestation. 4. The proposed rezoning's principal use shall be limited to Contractor Office, prohibiting the outdoor storage of yard debris, retail sales, and fleet vehicle maintenance on site. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Board of Commissioners - January 8, 2024 ITEM: 11- 10 - 3 Case Z23m22 Rezoning Request: 2.0 acres from R-20 to (CZD) B-2 Applicant: Cindee Wolf, with Design Solutions Property Owner: Stephen Lisiecki W. E. Biddle Associate Development Review Planner ZONING �a y r RA CZD O&1 MCdOugaldipr CZD B-2 w Site tee,. �� ❑ Area of Rezoning �� ❑ Whole Parcel CZD Zoning B-2 1-2 O&1 C-ZD CS' - - ■ 1-2 ;I - ❑ RA ❑ R-20 l ` ■ CS I NEW HANOVER COUNTY I the model of good governance Mgovxom site bullultic Planning & Land Use January 8, 2024 Slide 4 Representative Development of R-20 Holland Drive Long Leaf Drive NEW HANOVER COUNTY I the model of good governance Mgovxom ienresentative Heveinr IT Planning & Land Use January 8, 2024 Slide 6 Anticipated as Stormwater Pond Existing 5,000 Q'0 Sq. Ft. e Structure Proposed 30 \- Proposed Ft. Opaque Buffer Existing° Enhanced Well Buffer q. Proposed Driveway and Parking Septic System ;Y Site Access Site Access N lAccess: �p Castle Hayne Rd / Subject Site �O =--Hermitage-Rd NEW HANOVER COUNTY I the model of good governance Mgovxom Planning & Land Use January 8, 2024 Trip Generation Typical Development Under Existing Zoning: Development Under Proposed CZD B-2 Zoning: Potential Impact of Proposed Designation 3 Single Family Dwelling Units Small Office Building 2AM/3 PM 8AM/11PM 6AM/8PM Compatibility The proposed rezoning is for 2.0 acres of the 7.8-acre parcel that is fronted by Castle Hayne Road. With the site's proximity to the 1-140 interchange and the area transitioning to more commercial and industrial activities, this portion of Castle Hayne is likely to develop into a service node within the coming years, rendering new single-family development along the Castle Hayne Road corridor less likely. The proposed use, Contractor Office, is similar in nature and impact to the nearby commercial development activity which includes the adaptive reuse of two single-family residences for the operation of a dental office as well as a spay & neuter clinic. Also nearby is a mini -warehouse storage facility amongst other community level service uses. Compatibility • The existing structure is approximately 15 feet from the interior side lot line. To accommodate an adaptive reuse, the applicant applied for and was conditionally granted approval for a variance of 15 feet from the interior side setback. • The variance granted is predicated on the approval of the accompanying Conditional Use Request consisting of a rezoning of the 2.0-acre portion of the property from the R- 20 district. • The variance is applicable only to the existing structure and its current dimensions and shall not be applied to any additional structures or an expansion of the existing structure. Strategic Plan ffl�) Sustainable Land Use & Environmental Stewardship Desired Outcome Through planned growth and development, residents have access to their basic needs. Desired outcome Residents are provided equitable opportunities to connect to education and highly skilled employment. A business -friendly environment that promotes growth, agility, and collaboration. 95% of residential units are within a 10-minute drive of health Connect residents to basic needs care, childcare, grocery stores and pharmacies through a variety of housing and transportation options. Increase the housing supply to a level of one residential unit per two residents Ilk � Workforce & Economic Development 7 1 RO, Develop a cradle to career pipeline to ensure lifelong learning and employment success. Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. Maintain a county unemployment rate 0.25% lower than the state Achieve an average wage growth 1.5% higher than the state Maintain new business growth within 2.5% of the state County sales tax year over year growth 1 % higher than the state New Hanover County Future Land Use Map @0V AP. 2016 Comprehensive Plan Place Type: Community Mixed Use & Employment Center ��' II LAND USE —T— Aj jEUMNERCE ZONE E.11.14-T Co —ED USE The Fu", Land Use Map a legally ainjl 'g ill Hanover N— HE,r County Zoning Map. ll i,t-d.d " ,a a general re P—to— ufthe 25 year for N. Hanover (:ty "_,.d by the cif— who were--d with Plan NHC, and .It be used to 9.,de future development J—i... Site LE1.1 Area of Rezoning M Whole Parcel Future Land Use E COMMERCE ZONE 04 EMPLOYMENT CENTER GENERAL RESIDENTIAL COMMUNITY MIXED USE RURAL RESIDENTIAL Planning Board Action The Planning Board considered this item at their December? meeting and voted unanimously (7-0) to recommend APPROVAL of the proposed rezoning. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning request provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the application limits use to those which are more appropriate for the area while additional conditions reduce impact on adjacent residential parcels. Proposed Conditions 1. The non -conforming side setback of the existing structure to the northeastern boundary will be mitigated with enhanced buffering to include alternate planting of evergreen trees to enhance the opaque buffer yard. No activities shall occur in that area. 2. All exterior luminaries, including security lighting, for nonresidential, multi- family, and mixed -use developments adjacent to single family residential subdivisions shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut-off Fixtures of the Unified Development Ordinance. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Proposed Conditions 3. If a stormwater pond is required by the Technical Review Committee (TRC), an aeration system will be installed in the stormwater pond for mitigation against insect infestation. 4. The proposed rezoning's principal use shall be limited to Contractor Office, prohibiting the outdoor storage of yard debris, retail sales, and fleet vehicle maintenance on site. AERIAL TX. . , \fib✓ , �, �Q `i �''� F OA 07 Ae or ii- ", a A., ` S�%` tip• rwR.; ^ L k v 4't j �y1 @� 's g$.7. �.y f s� , �' pa ,JY"' .. 'k S � aoiE 1.':�,¢� �+,�,+ � .� Y •'� rt k' R ,/ + wyy - " � s��" a �'� *.."t �.:• � � �,? � ',��r�'' w � " s„tFF .-��,, ''�r;. � t � wa } •,� � .�+R+'w � - e f M,;'''by �i $ _ q, w :!' "'� >�' a - 3`r�s � 'T�.�T �'� •Say'. �k � � » t �., � r y EM Proposed 30 Ft. Opaque Buffer Existing Well Anticipated Stormwater Pond Existing 5,000 Sq. Ft. Structure Proposed Enhanced Buffer t ptic System Proposed Driveway and Parking Al Split Zoning CZD,O&I Site •2 R-20 Contractor Office is defined as: An establishment primarily engaged in the day-to-day administrative and clerical services for businesses providing contracted services, such as building contractors, heating and air conditioning (HVAQ repair, landscaping and janitorial services, etc., that require outside and/or fleet storage. The use may include some on -site repair and material preparation work. Legal Description for Conditional District Rezoning of pfo 4224 Cade Hayne Road Beginning at a point in the southeastern boundary of Castle Hayne Road (U.S. Hwy. 11% a 60' public right-of-way; said point being the nonheasterr�-most corner of 'Tract B," shown on a plat entitled "Division of farm 105 — Marathon Cohmv,' fecorded among the land records of the New Hanover County Registry in Map Boob 28, at Page 173; and running thence= South 3250'15" East, 528.00 feet to a point; thence South 57¢M'15" West, 165.00 feet to a paint; thence North 32050r 15" ~Nest, 528.00 feet to a point; thence North 57°46'15" East,165_00 feet to the point and place of beginning, containing 7_00 acres, more or iess. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 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 Text Amendment Request (TA23-05) — Request by New Hanover County Planning & Land Use to amend Section 5.4 and Appendix 1 of the Unified Development Ordinance related to landscape bonds and plat certificates BRIEF SUMMARY: Since the completion of the Unified Development Ordinance (UDO) Project in November 2020, staff has been regularly bringing forward amendments to code provisions as part of ongoing efforts to ensure that the tools of the ordinance remain up-to-date, are clear to all users of the code, and continue to work the way they are intended. The key intent of this amendment is to reflect staff's assigned role in the landscape bond review process, a technical change to final plat certificates for private roads based on NCDOT guidance, and the inclusion of an existing certificate used by New Hanover County Engineering related to stormwater. Potential amendment concepts were presented to the Planning Board at their September 7, 2023 meeting, and drafts of the amendments were released on October 6 for public comment. No public comments were submitted regarding the proposed amendments. The proposed amendment: - Clarifies the process for landscaping bonds is the same as bonding other types of improvements such as sidewalks, paving, and utilities. - Clarifies the existing certificate and disclosure required by developers when a project involves private roads and NCDOT's ability to accept certain roadways for adoption. - Adds an existing county Engineering certificate to the appendix of plat disclosures and certificates. The stormwater disclosure certificate is currently used by Engineering staff to ensure developers and owners are aware of the county's stormwater requirements. The Planning Board considered the proposed amendment at their November 2, 2023 meeting. At the public hearing, no one spoke in support of or in opposition to the proposed amendment. The Planning Board voted (6-0) to recommend approval of the proposed amendment. The Planning Board found the amendment to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools. The Planning Board also found recommending APPROVAL of the amendment was reasonable and in the public interest because it provides for clear and effective ordinance standards. Board of Commissioners - January 8, 2024 ITEM: 12 STRATEGIC PLAN ALIGNMENT: • Good Governance o Internal business processes ■ Provide equitable, effective, and efficient customer -driven practices. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the requested amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to reflect staff's assigned role in the landscape bond review process, a technical change to final plat certificates for private roads, and the inclusion of an existing certificate used by New Hanover County Engineering related to stormwater. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Alternative Motion for Denial: I move to [Approve / Deny] the proposed amendment to the New Hanover County Unified Development Ordinance. I find it to be [Consistent / Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval / Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] ATTACHMENTS: TA23-05 BOC Script TA23-05 BOC Staff Report TA23-05 Public Comments Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 8, 2024 ITEM: 12 SCRIPT for Unified Development Ordinance Text Amendment (TA23-05) Request by New Hanover County to amend Section 5.4 and Appendix 1 of the Unified Development Ordinance related to landscape bonds and plat certificates. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Supporters' presentation (up to 15 minutes) c. Opponents' presentation (up to 15 minutes) d. Staff response to questions and comments (up to 5 minutes) e. Opponents' rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to reflect staff's assigned role in the landscape bond review process, a technical change to final plat certificates for private roads, and the inclusion of an existing certificate used by New Hanover County Engineering related to stormwater. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools, I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to modernize, clarify, and update provisions. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 8, 2024 ITEM: 12- 1 - 1 STAFF REPORT FOR TA23-05 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA23-05 Request: To amend Section 5.4 and Appendix 1 of the Unified Development Ordinance related to landscape bonds and plat certificates. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance (UDO) and Appendix 1 Purpose & Intent The key intent of this amendment is to reflect staff's assigned role in the landscape bond review process, a technical change to final plat certificates for private roads based on NCDOT guidance, and the inclusion of an existing certificate used by New Hanover County Engineering related to stormwater. BACKGROUND Since the completion of the Unified Development Ordinance (UDO) Project in November 2020, staff has been regularly bringing forward amendments to code provisions as part of ongoing efforts to ensure that the tools of the ordinance remain up-to-date, are clear to all users of the code, and continue to work the way they are intended. As a note, all amendments are discrete, and the Board may move forward with only some of them without impacting other proposed provisions in the case that particular amendments are determined to need additional consideration or staff research. Landscape Bonds The proposed amendment clarifies staff's assigned role for this type of bond so it is consistent with other types of improvement bonds. Financial sureties or bonds are a tool available to developers to provide guarantees that required improvements will be installed as part of new development. Bonding landscaping improvements grants additional flexibility for development to continue moving forward in the approval process in the event of issues such as supply disruptions, or unfavorable planting conditions (i.e., the summer months when vegetation is less likely to survive transplanting. Bonds used to guarantee the installation of street trees, foundational shrubs, or buffer yards are grouped together as "Landscape Bonds" under Section 5.4 Landscaping and Buffering of the UDO. Developers are required to provide a cost estimate to the county for any incomplete landscaping. The estimate is reviewed and approved by Planning staff who have historically been delegated the review and approval authority by the Board of Commissioners. The developer is responsible for providing the financial guarantee that is reviewed by the County Attorney's Office before Board of Commissioners - January 8, 2024 ITEM: 12- 2 - 1 acceptance. The proposed amendment would clarify the process for landscaping bonds is the same as bonding other types of improvements such as sidewalks, paving, and utilities. Private Road Certificates The proposed amendment clarifies the existing certificate and disclosure required by developers when a project involves private roads and NCDOT's ability to accept certain roadways for adoption. The intent of the amendment is to better help developers, NCDOT, and the public become more aware of the status of private roads when they are created. When new residential or commercial development proposes a new right-of-way for a road, the developer has the choice of whether to dedicate the road as Public or Private. While private roads are required to meet NCDOT's construction standards, the developer can design roads to adapt to the specific needs of the development (including street trees, medians, on - street parking, etc.) in ways not allowed by NCDOT design standards. When private roads are used in a project, the UDO requires the developer and their engineer to provide two (2) certificates on the Final Plat recorded with the Register of Deeds. The Certificate of Disclosure for Private Roads is an acknowledgement by the developer that they are responsible for maintaining the private roads until they are turned over to a Homeowners Association (HOA). The disclosure also requires all future buyers to be made aware of the status of the roads and the maintenance responsibility of the HOA. The Private Roads Certification is a sealed statement by an engineer certifying the roads were constructed to meet NCDOT standards. Because private roads are dedicated to private use and are not designed to all NCDOT standards they are ineligible for adoption by NCDOT. Stormwater Disclosure The proposed amendment is to include a county Engineering certificate in the appendix of plat disclosures and certificates. The stormwater disclosure certificate is currently used by Engineering staff to ensure developers and owners are aware of the county's stormwater requirements. PROPOSED AMENDMENT The proposed text amendment is attached, with red italics indicating new language and strikethreu indicated text that is to be removed. Unified Development Ordinance Section 5.4 Landscaping and Buffering Section 5.4.2 General Standards G. No certificate of occupancy for any construction or renovation shall be issued until one of the following conditions is met: Board of Commissioners - January 8, 2024 ITEM: 12- 2 - 2 1. The required landscaping is completed in accordance with the approved plan; 2. A bond or certified check, in an amount submitted by the developer and certified by the County Cemn9issiene_s to be acceptable, is posted and is available to the County; or 3. An irrevocable letter of credit or deposit of funds in escrow, in an amount submitted by the developer and certified by the County to be acceptable, is issued by a bank in a form approved by the County AtteFney. Appendix L. Certificate of Disclosure: PRIVATE ROADS I (we) the developers of subdivision located in the unincorporated area of New Hanover County understand that the roads in said subdivision are designated private. I understand that ownership and maintenance of the roads will be the responsibility of the developer until such time that the developer designates the responsibility to the property owners' association. Responsibilities must be accepted by the homeowners association as specified in the homeowner covenants for said subdivision. The private roads in said subdivision are to be constructed in accordance with Article 6 Subdivision Design and Improvements cep of the New Hanover County Sebdiv+sien Unified Development Ordinance and all applicable County Codes which includes the design, installation, inspection, and approval by a licensed Professional Engineer (PE) recognized in the State of North Carolina prior to final plat approval for all or a portion of the subdivision. If all or a portion of the road infrastructure system within the subdivision is bonded through a surety, performance bond, or cash escrow, no bond shall be released until all road construction improvements are complete and certified by the Professional Engineer. It shall be disclosed to the prospective buyer of a lot or lots within the subdivision that road maintenance shall run through the property owners association in perpetuity after acceptance from the developer. until sueh time that the reads are re platted as publiely designated reads and taken Developers Name: M. Private Roads Certification Date: I (we) hereby certify that all private roads as depicted on subdivision plat have been designed, installed, inspected, and approved in accordance with Article 6 Subdivision Design and Improvements Sectien 52 4 of the New Hanover County Sebdiv-isien Unified Development Ordinance and all applicable New Hanover County Codes prior to final plat approval for all or a portion of the subdivision. By certifying the construction of these roads as private, eiceep#einee-emssaid the roads cannot be accepted by the North Carolina Department of Transportation per General Statute 1 36-102.6. Board of Commissioners - January 8, 2024 ITEM: 12- 2 - 3 Certified Professional Engineer: Date: Seal P. Stormwater Disclosure I (we) acknowledge that this subdivision is subject to the New Hanover County Stormwater Ordinance. If the total impervious coverage for the combined parcels exceeds 10,000 square feet, an application for an "Authorization -to -Construct" and approved stormwater control measures will be required. Owner• Date: PLANNING BOARD RECOMMENDATION Potential amendment concepts were presented to the Planning Board at their September 7, 2023 meeting, and drafts of the amendments were released on October 6 for public comment. No public comments were submitted regarding any of the proposed amendments. The Planning Board considered the proposed amendment at their November 2, 2023 meeting. At the public hearing, no one spoke in support of or in opposition to the proposed amendment. The Board voted 6-0 to recommend approval of the proposed amendment. They found RECOMMENDING APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to reflect staff's assigned role in the landscape bond review process, a technical change to final plat certificates for private roads, and the inclusion of an existing certificate used by New Hanover County Engineering related to stormwater to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up- to-date zoning tools. They also found RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. STAFF RECOMMENDATION Staff recommends approval of the requested amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to reflect staff's assigned role in the landscape bond review process, a technical change to final plat certificates for private roads, and the inclusion of an existing certificate used by New Hanover County Engineering related to stormwater. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools, I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Board of Commissioners - January 8, 2024 ITEM: 12- 2 - 4 Subject Articles and Sections • Section 5.4 Landscaping and Buffering o 5.4.2 General Standards • Appendix 1: Final Plat Certificates Board of Commissioners - January 8, 2024 ITEM: 12- 2 - 5 Public Comments In Support Neutral In Opposition Board of Commissioners - January 8, 2024 ITEM: 12- 3 - 1 UDO Main tenance Amendment TA23-05 UDO Text Amendment Public Comment Draft Presentation Robert Farrell Development Review Supervisor Text Amendment Process Concept Presentation MW Release Draft Amendment & Administrative Documents for Public Comment Public Comment Period Public Hearing Staff Report & Draft Released Planning Board Public Hearing Board of Commissioners Public Hearing September 7, 2023 October 5, 2023 October 5 — October 20 (at 8 am) October 27, 2023 November 2, 2023 January8, 2024 Amendment Draft • Landscaping Bonds G. No certificate of occupancy for any construction or renovation shall be issued until one of the following conditions is met: 1. The required landscaping is completed in accordance with the approved plan; 2. A bond or certified check, in an amount submitted by the developer and certified by the County C,.F,.fflissienel-r to be acceptable, is posted and is available to the County; or 3. An irrevocable letter of credit or deposit of funds in escrow, in an amount submitted by the developer and certified by the County �e+sto be acceptable, is issued by a bank in a form approved by the County . Amendment Draft L. Certificate of Disclosure: PRIVATE ROADS (we) the developers of subdivision located in the unincorporated area of New Hanover- County understand that the roads in said subdivision are designated private. understand that ownership and maintenance of the roads will be the responsibility of the developer - until such time that the developer designates the responsibility to the property owners' association. Responsibilities must be accepted by the homeowners association as specified in the homeowner covenants for said subdivision. The private roads in said subdivision are to be constructed in accordance with Article b Subdivision Design and Improvements Semi,. 52 '' of the New Hanover County c„r-,diyisi Unified Development Ordinance and all applicable County Codes which includes the design, installation, inspection, and approval by a licensed Professional Engineer (PE) recognized in the State of North Carolina prior to final plat approval for all or a portion of the subdivision. If all or a portion of the road infrastructure system within the subdivision is bonded through a surety, performance bond, or cash escrow, no bond shall be released until all road construction improvements are complete and certified by the Professional Engineer. It shall be disclosed to the prospective buyer of a lot or lots within the subdivision that road maintenance shall run through the property owners association in perpetuity after- acceptance from the developer. Amendment Draft M. Private Roads Certification (we) hereby certify that all private roads as depicted on subdivision plat have been designed, installed, inspected, and approved in accordance with Article G Subdivision Design and Improvements Se-tion 52 '' of the New Hanover County c„i.,doyi..:.... Unified Development Ordinance and all applicable New Hanover County Codes prior to final plat approval for all or a portion of the subdivision. By certifying the construction of these roads as private, the roads cannot be accepted by the North Carolina Department of Transportation per General Statute 1 3b-102.b. Certified Professional Engineer: Date: Seal Amendment Draft P. Stormwater Disclosure (we) acknowledge that this subdivision is subject to the New Hanover County Stormwater Ordinance. If the total impervious coverage for the combined parcels exceeds 10,000 square feet, an application for an "utliorizatior7-to-Construct°' and approved stormwater control measures will be required. Owner: Date: Planning Board Action The Planning Board considered this item at their November 2 meeting and voted unanimously (6-0) to recommend APPROVAL of the proposed text amendment. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides up-to-date zoning tools. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the amendment provides for clear and effective ordinance standards. Next Steps Concept Presentation Release Draft Amendment for Public Comment Public Comment Period Public Hearing Staff Report & Draft Released Planning Board Public Hearing MqMI"M Board of Commissioners Public Hearing Update UDO and Appendix and post to website September 7, 2023 October 5, 2023 October 5 — October 20 (at 8 am) October 27, 2023 November 2, 2023 January 8, 2,,,-, January9, 2024 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director; Zach Dickerson, Senior Planner CONTACT(S): Zach Dickerson; Rebekah Roth, Robert Farrell, Development Review Supervisor SU BJ ECT: Public Hearing Text Amendment Request (TA23-03) - Request by New Hanover County Planning & Land Use to amend Articles 2 and 5 of the Unified Development Ordinance to incorporate standards for electric vehicle charging stations BRIEF SUMMARY: Over the past year, New Hanover County (N HC) Planning and Land Use staff have been working on an amendment to the Unified Development Ordinance (UDO) to develop standards for Electric Vehicle (EV) parking and charging stations. This amendment is intended to align with the County's efforts to proactively address the future needs of residents through planned growth and development. NHC Planning and Land Use staff have drafted an amendment to amend Articles 2 and 5 of the UDO in order to provide for EV parking standards. A 2021 Biden Executive Order and 2022 Cooper Executive Order have established federal and state goals for zero - emission vehicles, that 50% of new vehicles in the U.S. be zero -emission by 2030 and at least 1.25 million registered zero emission vehicles in N.C. by 2030. While zero -emission vehicles technically include bicycles and hydrogen -fueled vehicles, most commonly, zero -emission automobiles are EVs, which along with hybrid vehicles (such as the Toyota Prius), are expected to account for more than half of all light vehicles sold world-wide by 2026, according to a Boston Consulting Group study (2021). Currently, EVs only make up a small percentage of vehicles registered in the County-0.6% or 1,049 vehicles as of the end of May 2023—but the County has the tenth highest percentage and the eighth highest number of battery electric vehicles (BEVs) and plug-in hybrid electric vehicles (PHEVs) in North Carolina, respectively. Since 2018, the North Carolina Department of Transportation (NCDOT) has been tracking the types of vehicles registered at the state and local level to monitor trends in the move to more fuel -efficient vehicles. Over this period of time, the County's electric vehicle growth has mirrored that of the state as a whole. Over the past decade, a number of communities have begun to adapt development regulations in order to better support the charging networks required for electric vehicles. Considerations for the County include where drivers are most likely to charge their EVs, whether the development market is likely to supply charging stations without County incentives or requirements, the design needs for projects with charging stations, and the cost and difficulty to retrofit sites. This amendment is intended to make it as easy and cost effective for property owners to install EV charging stations in the future when it becomes feasible and/or necessary. There is general agreement that a large number of EV charging stations will be needed in the future, but there is not a clear picture of how many that will need to be. The intent of the amendment is to create clear standards that everyone understands, allow for easier and less expensive modifications to install future charging stations, avoid burdens on developers and excessive costs for future Board of Commissioners - January 8, 2024 ITEM: 13 owners to install charging stations, and consider the needs of citizens that might not be met by the current market. The components of the amendment are summarized as follows: - Definition for EV Charging Stations is expanded, and EV-Ready Parking Space and EV Charging Assembly definitions are added. - EV Parking requirements are outlined, including minimum percentages and a cap for minimum number required. The amendment stipulates that for all uses where 25 or more parking spaces are required, 20% of those parking spaces must be EV-ready- this means that conduit is installed so it can be turned into a charging station when desired by the property owner. In multi -family dwellings, hotels and motels, and parking structures, that baseline is raised to 30%. Single-family homes are excluded from this requirement. - EV Parking space design requirements are outlined, including size, equipment protection, signage and usage fees where applicable. - Minimum standards for accessible EV Parking Spaces are outlined. This item was taken under consideration during the October 5, 2023 Planning Board meeting. At that meeting, the Planning Board asked staff to consider creating the table of uses and the cap, which are reflected in the proposed amendment. It was also suggested that staff clarify language to ensure that it is clear that the EV spaces would count towards minimum parking requirements, which is also reflected in the amendment. Staff also reformatted some of the structure of the proposed amendment to make it easier to read and to ensure the text in each section is more understandable. Staff presented the updated amendment during the November 2, 2023 Planning Board meeting. Discussion was held about the baseline percentages for different uses laid out in the amendment, clarifying that single-family homes would be exempt from this requirement as laid out in the amendment. The Planning Board voted (5-1) to recommend approval of the amendment, finding it consistent with the Comprehensive Plan and reasonable and in the public interest, with a direction to add language clarifying that amenity centers which are part of single-family developments would be exempt. Pete Avery dissented, stating that he did not believe the County should be regulating EV parking. STRATEGIC PLAN ALIGNMENT: 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 recommends approval of the requested amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to provide for new standards for EV Charging Stations and parking. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up-to-date tools that promote business success and promotes environmentally responsible growth. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance sta nda rds. Board of Commissioners - January 8, 2024 ITEM: 13 ATTACHMENTS: TA23-03 BOC Script TA23-03 Staff Report EV Parking Summary Sheet NovPB TA23-03 Proposed Amendment Public Hearing Draft TA23-03 Public Comment and Staff Responses Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Commissioners requested additional collaboration with the city and additional information Commissioners motioned to tabled agenda item until the June 17, 2024 meeting. 5-0 Board of Commissioners - January 8, 2024 ITEM: 13 SCRIPT for Unified Development Ordinance Text Amendment (TA23-03) Request by New Hanover County to amend Sections 2.3 and 5.1 of the Unified Development Ordinance related to Electric Vehicle Parking Requirements. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Supporters' presentation (up to 15 minutes) c. Opponents' presentation (up to 15 minutes) d. Staff's response to questions and concerns (up to 5 minutes) e. Opponents' rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to provide for new standards for EV Parking Standards. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up-to-date tools that promote business success and promotes environmentally responsible growth. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to provide for new standards for EV Parking and Stations. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 8, 2024 ITEM: 13- 1 - 1 STAFF REPORT FOR TA23-03 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA23-03 Request: To amend Articles 2 and 5 of the Unified Development Ordinance (UDO) in order to provide for Electric Vehicle (EV) Parking Standards. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance Purpose & Intent: This amendment updates the Unified Development Ordinance to provide for new standards for EV Charging Stations and parking. 1. Definition Update, UDO Section 2.3 a. Addition of definition of EV charging levels: I, II & III. b. Addition of definitions for Electric Vehicle -Ready Space and Electric Vehicle Charging Assembly. 2. Outlining standards for EV-ready parking spaces when installed, including space, size, location and signage. a. Updating Section 5.1.2, Minimum Off -Street Parking Standards: i. Minimum Number of Required Spaces. ii. Electric Vehicle Parking Space design requirements, including size, equipment protection, signage and usage fees where applicable. iii. Accessible Facilities (ADA Standards for EV Parking Spaces) b. Requiring that minimum electric capacity and conduit be provided for potential charging stations. BACKGROUND A 2021 Biden Executive Order and 2022 Cooper Executive Order have established federal and state goals for zero -emission vehicles, that 50% of new vehicles in the U.S. be zero -emission by 2030 and at least 1.25 million registered zero emission vehicles in N.C. by 2030. While zero - emission vehicles technically include bicycles and hydrogen -fueled vehicles, most commonly, zero - emission automobiles are electric vehicles (EVs), which along with hybrid vehicles (such as the Toyota Prius), are expected to account for more than half of all light vehicles sold world-wide by 2026, according to a Boston Consulting Group study (2021). Zero -emission EVs, also referred to as battery electric vehicles or BEVs, are powered by a battery that is charged by plugging the vehicle into charging equipment. That same equipment can also be used to charge plug-in hybrid electric vehicles (PHEVs), which have both an internal combustion Board of Commissioners - January 8, 2024 ITEM: 13- 2 - 1 engine and an electric motor and must be charged to operate in all -electric mode. Typical BEVs have driving ranges from 150-300 miles, so local residents using these vehicles may be able to charge sufficiently at home, but most PHEVs can only travel between 20 and 40 miles on electricity alone, so additional charging locations may be required for them to function with zero emissions. Demand for charging stations from tourist vehicles and charging needs for fleet vehicles are also a consideration in New Hanover County. There are three basic types of EV charging stations: Level 1 plugs, the standard wall outlet of 120 volts; Level 2 plugs, which are 240 volts, and Level 3 DC Fast Charging plugs. Level 1 plugs are the slowest chargers (providing 2-5 miles of range per charge hour). As such, they are generally used in single family homes but can also be installed as part of multi -family or condo developments. Level 2 plugs charge quite a bit faster (10-30 miles of range per charge hour) and can be appropriate in a wide variety of locations, including homes of all types, workplaces, fleet parking areas, and public charging stations where longer parking stays are anticipated (parking decks, etc.). Level 3 plugs provide the fastest charges (150+ miles of range per charge hour) and are generally used specifically for shorter term charging. As a note, charging stations may be specifically formatted for certain types of electric vehicles; some automakers, such as Tesla, operate their own charging networks to make their products more convenient. Overall, the Wilmington area has 26 Level 2 public charging plugs and 24 public DC Fast Charging plugs, according to the U.S. Department of Energy. New Hanover County Need for Electric Vehicle Charging Stations Currently, electric vehicles only make up a small percentage of vehicles registered in New Hanover County-0.6% or 1,049 vehicles as of the end of May 2023—but NHC has the tenth highest percentage and the eighth highest number of BEVs and PHEVs in North Carolina, respectively. Since 2018, NCDOT has been tracking the types of vehicles registered at the state and local level to monitor trends in the move to more fuel -efficient vehicles. Over this period of time, New Hanover County's electric vehicle growth has mirrored that of the state as a whole, which has grown at an exponential rate as the technology and related infrastructure become more available. Per NCDOT registration numbers from May of 2023, the number of BEVs alone in the county (1,049) has tripled since 2020 (339), and if this rate of growth increases, the U.S. Department of Energy recommends that the Wilmington area have 28 Level 2 workplace charging plugs, 38 Level 2 public charging plugs, and 5 public DC Fast Charging plugs by 2024. By 2026, 65 Level 2 workplace charging plugs, 93 Level 2 public charging plugs, and 9 public DC Fast Charging plugs are recommended. The Department of Energy estimated need is based on registered vehicles in the county and does not include tourist vehicles. New Hanover County currently needs 7 more Level 2 plugs and 2 more public DC fast charging plugs to meet the estimated 2024 resident demand under this model; however, the Department of Energy also recommends prioritizing DC Fast Charging plugs to enable long-distance travel, serve as charging safety nets, and provide charging for drivers without home charging options. These types of electric vehicle charging stations are also the most expensive and can be more difficult to retrofit sites to support. Board of Commissioners - January 8, 2024 ITEM: 13- 2 - 2 Considerations for Development Over the past decade, a number of communities have begun to adopt development regulations in order to better support the charging networks required for electric vehicles. Considerations for New Hanover County include where drivers are most likely to charge their electric vehicles, whether the development market is likely to supply charging stations without county incentives or requirements, the design needs for projects with charging stations, and the cost and difficulty to retrofit sites. This amendment is intended to make it as easy and cost effective as possible for property owners to install EV charging stations in the future when it becomes feasible and/or necessary. There is general agreement that a large number of EV charging stations will be needed in the future, but there is not a clear picture of how many that is. • Studies indicate that most charging occurs either at home or the workplace where slower charging stations can be appropriate, but 30% of charging does take place in public areas, which would need to be designed for faster charging and more turnover. • The market has provided sufficient charging stations without county intervention to support likely resident demand through 2024 for public charging stations. Current data does not show that workplace charging plugs or opportunities for multi -family residents are met, however. Charging stations in these locations may require additional considerations than for public sites where drivers pay for charging at commercial -type stations to determine how the electricity will be paid for and allocated to users. Developments targeting different income levels of residents may also create inequities in provision of charging options, as well, though lower income residents are less likely to purchase EVs in the near term. • The provision of EV charging stations does impact site designs, including considerations of mounting, compliance with ADA, required electrical capacity and conduit for future outlets, location of charging areas, and clear signage. • Costs for installation of charging stations as retrofits in existing developments are increased when sites are not equipped with the conduit and electric capacity for charging. In addition, existing parking spaces may not be sized correctly to incorporate charging stations or comply with ADA requirements. • While there is an argument that the market will sufficiently provide for the EV Parking Spaces as EVs become more common, it is the goal of this text amendment to "futureproof" development in the unincorporated County so that new sites will be "EV Ready." Board of Commissioners - January 8, 2024 ITEM: 13- 2 - 3 STAFF ANALYSIS Staff has worked with stakeholders to identify a way to ensure the community is ready for EV without creating cost burdens for current developers. This resulted in the following three key focus areas for the proposed amendment: Definitions: The first part of the amendment covers the expansion of the definition of Electric Vehicle Charging Station, along with additions explaining the charging levels. The intent of this is so that in the future, when charging stations are anticipated to become more common, these types of chargers are already covered. The amendment breaks the definitions out into the three following terms: 1. Electric Vehicle Charging Station 2. Electric Vehicle Ready Parking Space 3. Electric Vehicle Charging Assembly The definition of Electric Vehicle Ready Parking Space is added to differentiate from the charging assembly, as "a vehicle parking space which includes the conduit necessary to permit future conversion to an Electric Vehicle Charging Station." The definition of Electric Vehicle Charging Assembly is also added to clarify the equipment that would have to be added to the Electric Vehicle Ready Parking Space in order to have a full Electric Vehicle Charging Station. The amendment only requires Electric Vehicle Ready Spaces, not Electric Vehicle Charging Stations. �10-0 4 D O to -0 Electric Vehicle Ready Space with conduit installed to permit future conversion. Electric Vehicle Charging Station- parki ng space with charging assembly. Board of Commissioners - January 8, 2024 ITEM: 13- 2 - 4 Minimum Off -Street Parkina Standards: The amendment outlines that 20% of any required parking for lots with 25 or more spaces must provide electric vehicle ready spaces. The 20% baseline was based on comparable jurisdictions' standards. The amendment raises that baseline to 30% for multi -family residential developments, hotel/motels and parking structures. This percentage was increased to serve the needs of residents and visitors who may not have other opportunities to charge their electric vehicles or the ability to install their own charging equipment. The amendment specifies that single-family residential uses are exempt from this requirement because data shows that this is where the majority of electric vehicle charging takes place. Per the Planning Board's recommendation at the November 2, 2023 meeting, the amendment includes a note that amenity centers that are part of single-family developments are excluded from these requirements. This section clarifies that Electric Vehicle Ready Spaces do not require the installation of Electric Vehicle Charging Assemblies, and that spaces designated as electric vehicle charging spaces may count toward the minimum parking requirements set out in Table 5.1.2.A of the Unified Development Ordinance. The amendment adds a cap of 15 electric vehicle ready spaces per development. This was originally part of a Planning Board discussion, where the Board requested staff consider adding a cap. Staff used the Town of Apex, NC as a comparison as this was the only example of a jurisdiction that had a cap. From discussions with Apex Planning Staff, Apex originally had a cap of 10 electric vehicle ready spaces, but this cap was recently removed as their Boards wanted to see more provisions for electric vehicles. New Hanover County staff has proposed the cap of 15 parking spaces as a jumping off point. Design & Accessible Facilities: The Electric Vehicle Charging Station Design Requirements are drawn from best practice documents provided through the U.S. Department of Energy's website. These include standards for parking space size, wheel stops, signage and usage fees. The amendment also outlines the recommended number of accessible electric vehicle ready parking spaces per ADA best practices to include standards for charging stations that are accessible to people with disabilities. Because the ADA does not yet have guidelines for Electric Vehicle Charging, the ADA recommends jurisdictions outline standards in local ordinances until those are covered by ADA regulations. Board of Commissioners - January 8, 2024 ITEM: 13- 2 - 5 PLANNING BOARD ACTION SUMMARY The Planning Board considered this item at their October 5, 2023 meeting. At that meeting, the Planning Board asked staff to consider creating the table of uses and the cap, which are reflected in the proposed amendment. The Board also suggested that staff clarify language to ensure that it is clear that the EV spaces would count towards minimum parking requirements, which is also reflected in the amendment. Staff also reformatted some of the structure of the proposed amendment to make it easier to read and to ensure the text in each section is better understood. Staff presented the updated amendment to the Planning Board at their November 2, 2023 meeting. The Board discussed the baseline percentages for different uses laid out in the amendment, clarifying that single-family homes would be exempt from this requirement as laid out in the amendment. The Planning Board voted (5-1 ) to recommend approval of the amendment, finding it consistent with the Comprehensive Plan and reasonable and in the public interest, with a direction to add language clarifying that amenity centers which are part of single-family developments would be exempt. Pete Avery dissented, stating that he did not believe the County should be regulating electric vehicle parking. STAFF RECOMMENDATION Staff recommends approval of the attached amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to provide for new standards for EV Parking Standards and stations. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up-to-date tools that promote business success and promotes environmentally responsible growth. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Board of Commissioners - January 8, 2024 ITEM: 13- 2 - 6 Electric Vehicle (EV) Parking Standards Code Sections Affected Section 2.3, Definitions and Terms Section 5.1.2, Minimum Off -Street Parking Standards Key Intent • Create clear standards that everyone understands. • Allow for easier and less expensive modifications to install future charging stations. • Consider needs of citizens that may not be met by the current market, including accessibility. Changes • Definition for Electric Vehicle (EV) Charging Stations is expanded and descriptions of charging levels are added. (See Section 2.3, Definitions and Terms) • Definitions for Electric Vehicle Ready Parking Space and Electric Vehicle Charging Assembly are added. (See Section 2.3, Definitions) • EV Parking Requirements are outlined, including clarification that EV- ready parking spaces do not require installation of charging stations and that EV-ready spaces may count towards minimum parking requirements for a development. (See Section 5.1.2.D.1, General) • Language added to cap the maximum number of EV-ready spaces at 15. (See section 5.1.2.D.2, Electric Vehicle Ready Parking Spaces) • A table of uses has been added with percentages of required EV-ready parking spaces by use. (See section 5.1.2.D.2, Electric Vehicle Ready Parking Spaces) • Language added regarding required electrical capacity has been clarified. (See section 5.1.2.D.2, Electric Vehicle Ready Parking Spaces) • Electric Vehicle Parking Space Design Requirements are outlined, including size, equipment protection, signage and usage fees where applicable. (See Section 5.1.2.D.2, Minimum Off -Street Parking Standards) • Minimum standards for accessible EV Parking Spaces are outlined. (See Section 5.1.2.D.3, Minimum Off -Street Parking Standards) • Language added specifying that ADA parking spaces may count towards the minimum parking requirements. (See Section 5.1.2.D.3, Minimum Off -Street Parking Standards) Board of Commissioners - January 8, 2024 ITEM: 13- 3 - 1 TA23-03 EV Parking- 01-08-2024 Board of Commissioners Public Hearing Draft PROPOSED AMENDMENT Section 2.3 Definitions ELECTRIC VEHICLE CHARGING STATION A vehicle parking space served by an electric vehicle charging assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy by conductive or inductive means from the electric grid or other off -board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy. Charging stations are differentiated by charging levels, which are the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and 3 are the most common charging levels, and include the following specifications: A. Level 1 Level 1 charging provides charging through a 120 volt (V), alternating -current (AC) plug. Level 1 is considered as slow charging. Level 1 charging equipment is standard on vehicles and therefore does not require the installation of charging equipment. B. Level Level 2 charging is through a 240V, AC plug and requires installation of home charging or public charging equipment. These units require a dedicated 40 amp circuit. C. Level Level 3 charging is through a 480V, direct -current (DC) plug. ELECTRIC VEHICLE READY PARKING SPACE A vehicle parking space which includes the conduit necessary to permit future conversion to an Electric Vehicle Charging Station. ELECTRIC VEHICLE CHARGING ASSEMBLY An electrical component designed and intended to transfer electric energy by conductive or inductive means from the electric grid or other off -board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy. Board of Commissioners - January 8, 2024 ITEM: 13- 4 - 1 TA23-03 EV Parking- 01-08-2024 Board of Commissioners Public Hearing Draft Section 5.1. Parking and Loading 5.1.2. MINIMUM OFF-STREET PARKING STANDARDS D. Electric Vehicle (EV) Parking Requirements 1. General: a. Electric Vehicle Ready Parking spaces do not require installation of Electric Vehicle Charging Assemblies. b. Spaces designated as electric vehicle charging spaces may count towards the minimum parking requirements of Table 5.1 .2.A. 2. Electric Vehicle Ready Parking Spaces: a. Minimum Number of Required Spaces: All new parking facilities, structured parking facilities, and expansions of existing parking and structured parking facilities where 25 or more total parking spaces are provided, the following shall apply: resulting in 25 or more total parking spaces, shall provide Electric Vehicle Ready Parking Spaces as required in Table 5.1.2.D.1 below. b. Maximum Number of Required Spaces: No more than 15 total Electric Vehicle Ready Parking spaces may be required by this ordinance for any new or expanded parking facility or structure. ITable 5.1.2.D.l: Minimum Number of EV-Ready Parking Spaces Use Percent of Required Parking for Electric Vehicle Ready Parking Spaces All Uses Excluding Single -Family 20% of required parking Residential* Multi -Family or Apartment 30% of required parking Hotel/Motel 30% of required parking IParking Structure 30% of required parking I *Amenity Centers that are part of single-family developments are also excluded from this requirement c. Design Requirements: Electric Vehicle Ready Parking spaces shall require the following: Board of Commissioners - January 8, 2024 ITEM: 13- 4 - 2 TA23-03 EV Parking- 01-08-2024 Board of Commissioners Public Hearing Draft i. All Electric Vehicle Ready Parking spaces shall be designated on a site plan. ii. Installation of the conduit and wire required to run electricity for future Electric Vehicle Charging Assemblies shall be required prior to Certificate of Occupancy. iii. Dedicated electrical circuit with sufficient capacity sufficient to serve each charging spot shall be provided prior to Certificate of Occupancy. 3. Electric Vehicle Charging Station Design Requirements a. Size: Parking spaces used for Electric Vehicle Charging Stations shall meet the requirements of Section 5.1.4. b. Equipment Standards and Protection: Where provided, Electric Vehicle Charging Stations shall meet the following standards: i. Charging Station Equipment Protection. When the electric vehicle parking space is perpendicular or at an angle to curb face and charging equipment, adequate equipment protection, such as wheel stops or bollards shall be used. ii. Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. Contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning, or other problems are encountered. c. Signage: For the purposes of this subsection, "charging" means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment. Signage for parking of electric vehicles shall include: Information on the charging station to identify voltage, amperage and safety information. Time limits may be placed on the number of hours that an EV is allowed to charge. If applicable, warnings shall be posted to alert charging station users about hours of use and possible actions affecting EVCS that are not being used according to posted rules. ii. Restrictions shall be included on the signage, if removal provisions are to be enforced by the property owner. iii.As appropriate, direction signs meeting the requirements of Section 5.6.2.i to effectively guide motorists to the charging station space(s). d. Usage Fees: The property owner or operator may collect a service fee for the use of an electric vehicle charging station made available to visitors of the property. Board of Commissioners - January 8, 2024 ITEM: 13- 4 - 3 TA23-03 EV Parking- 01-08-2024 Board of Commissioners Public Hearing Draft 4. Accessible Facilities a. Any existing, new, or expanding parking facility or parking structure that provides Electric Vehicle Ready Parking Spaces, Electric Vehicle Charging Stations, or a combination thereof shall be required to provide ADA accessible spaces according to the ratios shown in Table 5.1.2.D.3 Table 5.1.2.D.3: Minimum Electric Vehicle Charging Stations MNumbei of Electric Vehicle Ready Parking Spaces Minimum Required Accessible Electric Vehicle Ready Parking 5-50 1 51 - 100 2 101 - 150 3 C. It is strongly encouraged, but not required, that a minimum of one accessible Electric Vehicle Charging Station (EVCS) be provided at sites with fewer than 5 EVCS. d. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier -free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. e. ADA parking meeting the requirements of this section may count towards the minimum parking requirements of Table 5.1.2.A. Board of Commissioners - January 8, 2024 ITEM: 13- 4 - 4 TA 23-03 Public Comments and Staff Responses Note: Paraphrased comments received from phone or in -person conversations are shown in italics. Written comments received via email are shown in quotes. Punctuation may have been added to increase clarity, but comments are otherwise verbatim. A full list of sources and the dates comments were sent are provided at the end of this document. Relevant Amendment Source Comment Staff Response Section (s) 1. Staff had intended to remove this language prior to the public comment draft- research indicated that unless charging stations were installed quickly after build -out, the wiring may deteriorate over time and not serve the initial purpose. This language has been removed. Is a different type/kind/gauge of wire required depending on if a charging station is Level 1, 2 or 3? If the answer is yes, I would delete 2. This would be site specific, as agreements with Duke Energy are the requirement for a wire to be installed because someone may need to install three types of wires and only use 1 or 2. reached and electric permits are granted. Staff elected not to make changes to the amendment in this regard. General Comments Hill Rogers Where is the electrical feed coming into the overall facility? 3. Staff reached out to a civil engineer experienced in designing EV charging stations as part of structured parking to get a better Consideration should be given to a cap on the number of EV-ready spaces. In a 600 space deck, 120 spaces would be EV ready as this understanding of whether this is a common issue in development and ordinance is drafted. whether this would be an issue moving forward, based on his experience. They stated that they had not run into this issue before. Staff elected not to make changes to the proposed amendment in regard to this at this time. If this becomes a problem down the road, the text can be amended. "Is there any documentation or study that has been completed that indicates the private market cannot keep up with the demand for charging stations? a. At the last Planning Board meeting, it was stated that the market is currently keeping up with the demand for charging stations according to US Department of Energy guidelines, but that the market is rapidly changing. b. Recently, the Lowes Foods in Murrayville installed EV charging stations, and the Smithfields in Odgen installed EV charging stations with their redevelopment — both without any requirement to do so. We are also starting to get requests from certain clients to include EV charging stations within their new projects. To me, it appears the market will keep up with the demand just like it has for gasoline vehicles — but please let me know if there is any information to that states otherwise. Why do all businesses have to provide for EV infrastructure when, per the US Department of Energy, most charging occurs at home? This amendment will require every use with 25+ parking spaces to install EV infrastructure. Why require this for industrial development that has little customer traffic? Why retail stores that have short customer visits? Why small mom-and-pop These comments are primarily related to the amendment concepts and intent, businesses? Churches? Affordable housing projects? Why do EV owners need to the ability to charge at every business/parking lot? which are outlined and detailed in the staff report. In general, the draft Brad Schuler, Can you please confirm if New Hanover County has installed any EV charging stations on County -owned land? amendment is intended to make it as easy and cost effective for property General Comments Paramounte Engineering To my knowledge there are no EV charging stations at the new government center, downtown parking deck, and county parks — owners to install EV charging stations in the future when it becomes feasible and/or necessary. While it is uncertain at this time how many EV stations will but I may be wrong. I also don't understand how this is an appropriate zoning regulation. be necessary in a future market, this sets property and business owners up to Shouldn't zoning regulations be based on the impacts generate by the proposed use? Businesses don't create more EVs on the be able to retrofit more easily for a lower upfront cost. roads. Charging an EV is also not required for someone to enter a commercial business to buy a product or service. Why should private property owners be responsible for providing charging opportunities for those that choose to own an EV? It seems that EV technology is constantly improving. Who knows what equipment will be required in 5-10 years. Why require conduit/electrical infrastructure now for something that may never be installed? I fear that if the technology changes, or if some folks halfheartedly install the required EV infrastructure, that folks are going to have to reinstall, modify, or never use the infrastructure they were required to install to obtain zoning approval. To me, it seems better to design the EV charging system all at one time. In addition, it seems the range and charging times for EVs are continually improving, resulting in less time an EV needs to be charged." Board of Commissioners - January 8, 2024 ITEM: 13- 5 - 1 Board of Commissioners - January 8, 2024 ITEM: 13- 5 - 2 EV Ready Parking Spaces UDO Text Amendment, TA23-03 Public Hearing Presentation Rebekah Roth & Zach Dickerson Director &Senior Planner Planning & Land Use January 8, 2024 Slide 2 The Need 2500 2000 1500 1000 500 339 0 10 2020 EVs Registered in New Hanover County 830 574 1120 1668 2484 370( 2021 2022 2023 2024 2025 202E *2024, 2025 & 2026 numbers are based on rate of change from data available. Source: U.S. Dept. of Energy Development Considerations • Where EV owners will likely charge their vehicles • Distribution of charging stations • Impact on site design • Cost of installation Intent • Create clear standards that everyone understands. • Allow for easier and less expensive modifications to install future charging stations. • Avoid burdens on developers and � owners to install charging stations. excessive costs for future • Consider needs of citizens that might not be met by the current market. Staff Analysis • Three key focus areas of the amendment: • Definitions • Minimum Off -Street Parking Standards • Accessibility Amendment Draft • Inclusion of definitions for Electric Vehicle Ready Space and Electric Vehicle Charging Assembly Section 2.3 definitions ELECTRIC VEHICLE CHARGING STATION A vehicle parking space served by an electric vehicle charging assembly or cluster of component assemblies {battery charging station) designed and intended to transfer electric energy by conductive or inductive means From the electric grid or other OFF -board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy_ Charging stations aie differentiated by cliorgTng levels, which are the standardized indicators of electrical force, or voltage, cit which an electric vel7Tcle s battery is recharged. The terms 1, 2, and 3 are the most common charging levels, and include the following specifications: A. Leven Level 1 charging provides charging through a 120 volt (V), alternating -current (AC) plug. Level 1 is considered as slow charging. Level 1 charging equipment is standard on vehicles and therefore does not require the installation of charging equipment- B. Level Level 2 charging is through a 240V, AC plug and requires installation of home charging or public charging equipment_ These units require a dedicated circuit- C. Level Level 3 charging is through a 480V, direct -current (DC) plug_ ELECTRIC VEHICLE READY PARKING SPACE A vehicle parking space which includes the conduit necessary to permit future conversion to an Electric Vehicle Charging Station. ELECTRIC VEHICLE CHARGING ASSEMBLY An electrical component designed and intended to transfer electric energy by conductive or inductive means From the electric grid or ocher off -board electrical source to a battery or other energy storage device within a vehicle that operatesr partially or exclusively, on electric energy. Definitions VA �0116 �N Electric Vehicle Ready Space with conduit installed to permit future conversion. Electric Vehicle Charging Station- parking space with charging asser-,L• Amendment Draft • EV Parking space design requirements are outlined, including: • Size • Equipment Protection • Signage • Usage Fees 3. Electric Vehicle Charging Station Design Requiremenis a. Size: Parking spaces used for Electric Vehicle Charging Stations shall meet the requirements of Section 5-1-4- b. Equipment Standards and Piatectian_ Where provided, Electric Vehicle Charging Stations shall meet the following standards: i. Charging Station Equipment Protection_ When the electric vehicle parking space is perpendicular or at an angle to curb face and charging equipment, adequate equipment protection, such as wheel stops or bollards shall be used. H. Maintenance_ Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment_ Contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning, or other problems are encountered_ c. Signage: For the purposes of this subsection, "charging" means an electric vehicle is parked at an electric vehicle charging station and is connected -e The charging station equipment_ Signage for parking of electric vehicles shall include: i. Information on the charging station to identify voltage, amperage and safety information. Time Iirhi}s may be placed on the number of hours that an EV is allowed to charge_ If applicable, warnings shall be posted to alert charging station users about hours of use and passible actions affecting EVCS that are not being used according to pasted rules_ ii. Restrictions shall be included on the signaae,.if removal provisions are to be enforced by the property owner_ iii.As appropriate, direction signs meeting the requirements of Section 5.6.2.i to effectively guide motorists to the charging station spaces}. d_ Usage Fees: The property owner or operator may collect a service fee for the use of an electric vehicle charging station made available to visitors of the property_ Amendment Draft • Clarification of requirements for EV-Ready spaces. • Inclusion of use table and capon number of spaces. LNHCgo 5.1.2. MINIMUM OFF-STREET PARKING STANDARDS D. Electric Vehicle (EV) Parking Requirements 1. General: a. Electric Vehicle Ready Parking spaces do not require installation of Electric Vehicle Charging Assemblies. b. Spaces designated as electric vehicle charging spaces may count towards the minimum parking requirements of Table 5.1.2.A. 2. Electric Vehicle Ready Parking Spaces: a. Minimum Number of Required Spaces. All new parking facilities, structured parking facilities, and expansions of existing parking and structured parking facilities where 25 or more total parking spaces are provided, the following shall apply: resulting in 25 or more total parking spaces, shall provide Electric Vehicle Ready Parking Spaces as required in Table 5.1.2.D.1 below. b. Maximum Number of Required Spaces: No morethan 15tatal Electric Vehicle Ready Parking spaces may be required by this ordinance for any new or expanded parking facility or structure. Table 5.1.2.D.I: iWinimurn Number of EV-Readly Parking Spaces Use Perceni of Required Parking for Electric Vehicle Ready Parking Spaces All Uses Excluding Single -Family 20% of required parking Residential* Multi -Family or Apartment 30% of required parking HotelfMotel 30% of required parking Parking Structure 30% of required parking Amenity Centers that are part of single-family developments are also excluded from this requirement Amendment Draft • Minimum requirements for accessible parking spaces. 4. Accessible Facilities a. Any existing, new, or expanding parking facility or parking structure that provides Electric Vehicle Ready Parking Spaces, Electric Vehicle Charging Stations, or a combination thereof shall be required to provide ADA accessible spaces according to the ratios shown in 7able 5.1.2_D_3 Minimum Required Number of Electric Vehicle Ready Parking Spaces Accessible Electric Vehicle Ready Parking 5-50 1 51 - 1 00 2 1D1-150 3 C. It is strongly encouraged, but not required, that a minimum of one accessible Electric Vehicle Charging Station (EVCS) be provided ❑t sites with fewer than 5 EVCS- d. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to ❑ barrier -free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons_ e. ADA parking meeting the requirements of this section may count towards the minimum parking requirements of Table 5.1 .2.A. Planning Board Action The Planning Board considered this item at the November 2, 2023 meeting and voted (5-1): • To RECOMMEND APPROVAL of the proposed amendment to provide for new standards for EV Parking and stations. • Found it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up-to-date tools that promote business success and promotes environmentally responsible growth. • Also found RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Planning & Land Use January 8, 2024 Slide 15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/8/2024 Regular DEPARTMENT: Governing Body PRESENTER(S): Chair Rivenbark CONTACT(S): Chair Rivenbark and Kym Crowell, Clerk to the Board SUBJECT: *NOTE: This matter has been moved to the consent agenda of the January 8, 2024 meeting based on the general consensus of the Board of Commissioners during the January 4, 2024 agenda review meeting. Consideration of Appointments of County Commissioners to Various Boards and Committees for 2024 BRIEF SUMMARY: Attached for consideration is the proposed 2024 appointments list of County Commissioners to various boards and committees. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the proposed 2024 appointments list of County Commissioners to various boards and committees. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve appointments. COMMISSIONERS' ACTIONS: Approved appointments 5-0. Board of Commissioners - January 8, 2024 ITEM: 14