The URL can be used to link to this page

Agenda 2021 08-02NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson-Boseman, Chair I Deb Mays, Vice -Chair Jonathan Barfield, Jr., Commissioner I Bill Rivenbark, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board AUGUST 2, 2021 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson-Boseman) INVOCATION (Reverend Dr. Patricia L. Freeman, St. Phillip AME Church) PLEDGE OF ALLEGIANCE (Commissioner Bill Rivenbark) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of National Immunization Awareness Month Proclamation 3. Adoption of Child Support Awareness Month Proclamation 4. Conveyance of Qualifying Parcels to a Registered Nonprofit for the Purpose of Constructing Workforce Housing 5. Charge of 2021 Levy 6. Approval of Emergency Rental Assistance Program (ERAP) 7. Adoption of Budget Amendment ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 8. Consideration of Preliminary Assessment Resolution for NCDOT-Required I mprovements to William Louis Drive for I nclusion into NCDOT Road Maintenance System 10 9. Consideration of Amendment to the New Hanover County Code Chapter 23 Environment 10 10. Consideration of the 2020 Annual Tax Settlement 5 11. Public Hearing and Consideration of Approval to Submit a Joint Application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for 2021 Funding from the U.S. Department of Justice 40 12. Public Hearing Rezoning Request (Z21-08) — Request by TD R-H L, LLC, Applicant and Property Owner, to Rezone Approximately 62.77 Acres of Land Located at 1308 Crooked Pine Road from R-15, Residential District, to PD, Planned Development District, in Order to Develop a Mixed -Use Project 40 13. Public Hearing Rezoning Request (Z21-09) - Request by Design Solutions on Behalf of the Board of Commissioners - August 2, 2021 Property Owners, WPE Holdings, LLC and Senca Properties, LLC, to Rezone Approximately 12.99 Acres of Land Located in the 9000 Block of Market Street from B-1, Neighborhood Business District, (CZD) B-1, Conditional Neighborhood Business District, and R-15, Residential District to (CZD) RMF- MH, Conditional Residential Multifamily Moderate -High Density District, in Order to Construct a 256-Unit Apartment Development 40 14. Public Hearing Rezoning Request (Z21-07) - Request by Novant Health -New Hanover Regional Medical Center to Rezone Approximately 40.9 Acres of Land Located in the 100 Block of Scotts Hill Medical Drive from (CZD) 0&I, Conditional Office and Institutional District, and B-1, Neighborhood Business District, to 0&I, Office and Institutional District 40 15. Quasi -Judicial Hearing Special Use Permit Request (521-03) - Request by Thomas H. Johnson, Jr, Attorney, on Behalf of the Property Owner, Southeastern Enterprises, Inc., to Obtain a Special Use Permit for a Wireless Communication Tower and Related Support Facilities in an R-15, Residential Zoning District, Located North of Valley Brook Road and West of Fern Valley Drive PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 16. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 17. 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. l New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - August 2, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Regular Meeting held on July 13, 2021 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Consent DEPARTMENT: Health and Human PRESENTER(S): David Howard, Health Director and Carla Turner, Assistant Services Health Director CONTACT(S): David Howard SUBJECT: Adoption of National Immunization Awareness Month Proclamation BRIEF SUMMARY: August 2021 is National Immunization Awareness Month and we encourage all citizens to increase their awareness of the importance of immunizations for vaccine -preventable diseases in the hope of achieving optimal health for both today and tomorrow. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Immunization Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL IMMUNIZATION AWARENESS MONTH PROCLAMATION WHEREAS, vaccine -preventable diseases still exist and outbreaks do occur; and WHEREAS, vaccines reduce an individual's risk of infection by working with the body's natural defenses to help them safely develop immunity to disease; and WHEREAS, vaccines are safe, effective and save lives; and WHEREAS, Immunization Awareness Month is an opportunity to raise awareness, advocate resources, and promote access to education about immunizations for vaccine -preventable diseases. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that August 2021 will be recognized as "National Immunization Awareness Month" in New Hanover County. Citizens are encouraged to increase their awareness of the importance of immunizations for vaccine -preventable diseases in the hope of achieving optimal health for both today and tomorrow. The board commends this observance to all citizens and urges that all citizens and community organizations join in this observance. ADOPTED this the 2nd day of August, 2021. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 2, 2021 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Tonya Jackson, Social Services Director CONTACT(S): Tonya Jackson SUBJECT: Adoption of Child Support Awareness Month Proclamation BRIEF SUMMARY: Child Support Awareness Month salutes the diligent working parents who spend time with their child and who make regular child support payments to safeguard their children's future. Strengthening individuals and families promotes the safety and well-being of children, provides stability, improves the lives of children, and provides opportunities for families to be able to enhance their children's futures. Many concerned and dedicated judges, district attorneys, clerks of court, sheriff's personnel, and child support professionals work to establish and enforce child support orders for New Hanover County children, one of our counties most vital resources. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Child Support Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CHILD SUPPORT AWARENESS MONTH PROCLAMATION WHEREAS, New Hanover County recognizes August as Child Support Awareness Month, and reaffirms its commitment to strengthening New Hanover County families by providing child support services to improve the economic stability and well-being of children; and WHEREAS, in State Fiscal Year 2020/2021, more than $12 million in child support was collected from parents of New Hanover County's children; and WHEREAS, there are nearly 5,400 child support orders in place, working to ensure that more than 6,100 children receive financial support from their parents; and WHEREAS, Child Support Awareness Month salutes the diligent working parents who spend time with their child and who make regular child support payments to safeguard their children's future; and WHEREAS, strengthening individuals and families promotes the safety and well-being of children, provides stability, improves the lives of children, and provides opportunities for families to be able to enhance their children's futures; and WHEREAS, children who do not receive adequate financial and emotional support from their parents may experience greater difficulty in becoming healthy, happy, and productive citizens; and WHEREAS, many concerned and dedicated judges, district attorneys, clerks of court, sheriff's personnel, and child support professionals work to establish and enforce child support orders for New Hanover County children, one of our counties most vital resources. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that August 2021 will be recognized as "Child Support Awareness Month" in New Hanover County and that its observance is commended to all citizens. ADOPTED this the 2nd day of August, 2021. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 2, 2021 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Consent DEPARTMENT: Planning PRESENTER(S): Rachel LaCoe, Senior Planner CONTACT(S): Rachel LaCoe; Rebekah Roth, Planning and Land Use Director SUBJECT: Conveyance of Qualifying Parcels to a Registered Nonprofit forth e Purpose of Constructing Workforce Housing BRIEF SUMMARY. In November 2018, the county established a policy by administrative memorandum to convey buildable lots no longer needed by the county to qualified nonprofits for the purpose of constructing workforce housing. In an effort to deliver on our commitment to create complete communities, staff recommends conveying the following three properties to Cape Fear Habitat for Humanity with the expectation that workforce housing will be constructed within a two-year time frame per the policy: 1. 522 McClure Circle (R-10; 0.73 acres; former CFPUA site) 2. 237 Buff Circle (R-15; 0.49 acres; former CFPUA site) 3. 241 Buff Circle (R-15; 0.41 acres; former CFPUA site) STRATEGIC PLAN ALIGNMENT: Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Ensure N HC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: AdministratNe Memo - Property Conveyance for Workforce Housing 522 McGure Circle Map 237 Buff Circle Map 241 Buff Circle Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - August 2, 2021 ITEM: 4 COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 4 NEW HANOVER COUNTY Property Conveyance for Workforce Housing Memorandum No. 18-003 Originally Issued: November 2, 2018 Effective Date: November 2, 2018 Last Revised Date: November 2, 2018 Revision (select one): ■ As Needed ❑ Annually Approved By: Chris Coudriet Property Conveyance for Workforce Housing Beginning in July 2008, New Hanover County and the New Hanover County Water and Sewer District conveyed real estate parcels that contained water and/or sewer infrastructure to the Cape Fear Public Utility Authority. The parcels were conveyed to the Authority for water and/or sewer purposes. Occasionally CFPUA determines these parcels are no longer needed for water and/or sewer purposes. At this time, the parcels will be conveyed back to New Hanover County. When these parcels are conveyed back to New Hanover County, the county must determine the best use of the parcels. Sometimes these parcels have deed restrictions; however, often, they are in residential neighborhoods and are buildable lots. Additionally, New Hanover County may acquire parcels due to failure to pay taxes, foreclosures, etc. In accordance with N.C.G.S. 153A-378 (3), when parcels meeting the following eligibility are conveyed to New Hanover County, staff will recommend to the Board of County Commissioners at a regular meeting to either sell the parcel through the upset bid process or convey the eligible parcel without compensation to a registered nonprofit that is pre -qualified with New Hanover County for the purposes of constructing workforce housing. In order for the parcel to be eligible to be conveyed to a nonprofit under this policy, the following requirements must be met; a. Parcels must not be needed by the county for public use. b. Parcels must be zoned residential and all due -diligence performed by nonprofit recipient. c. Price points for finished homes shall be consistent with the surrounding area. In order for a nonprofit to be eligible to receive parcels under this policy, the following requirements must be met; a. Nonprofit must have a core mission to provide workforce housing in New Hanover County. Page 1 of 2 Board of Commissioners - August 2, 2021 ITEM: 4 - 1 - 1 b. Nonprofit must verify non-profit status by submitting IRS tax exempt letters IRS 990 or 990 EZ form, and a current solicitation license (or exception letter) from the N.C. Secretary of State. c. Nonprofit must be incorporated and must not have their revenue suspended by the North Carolina Secretary of State or have overdue federal, state, or local taxes. d. Nonprofit must have been in operation for a minimum of 2 years. e. Nonprofit must have a governing board and submit a current board roster. f. Nonprofit must provide a disclosure of any potential conflicts of interest. g. Nonprofit must meet all eligibility requirements on its own, and may not use a funding agent or other third party arrangement to meet eligibility requirements. Qualified nonprofits must meet the following performance requirements; a. Housing must be targeted and sold to families with incomes up to 120% area median income (AMI), which is consistent with accepted workforce housing standards. b. Housing must be available to all New Hanover County residents who meet eligibility requirements. c. The homes must be constructed and occupied within 2 years of transfer. If it is determined they are not able to construct a house within this timeframe, an extension for good cause can granted by the County Manager. d. Homes and parcels must be owner -occupied and taxable. Should the nonprofit fail to meet any of these performance criteria, the parcel will be conveyed back to New Hanover County or revert pursuant to deed provisions. The county will work with CFPUA in advance of the fiscal year to determine which parcels will be transferred during the fiscal year and work with pre -qualified non -profits in order to equitably distributed the parcels. The county will also work with the pre -qualified non -profits to equitably distribute other acquired parcels. Page 2 of 2 Board of Commissioners - August 2, 2021 ITEM: 4 - 1 - 2 G O`�e� � r,� kid :�! s �`� t jl- • �` ,�, �+ �` d 211 all .. r s Y,� _ .ydf r i L r rAn;' v E IL - l I r = N O n N A Lf) O Now d Com issioners -:A gust 2, 2021 L = TEM: 4 - 2 - = U T Q N 4 lk w ` • �R {5r J '� � ' NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Allison Snell SUBJECT: Charge of 2021 Levy BRIEF SUMMARY: According to NCGS 105-321(b), the New Hanover County Board of County Commissioners shall direct the Tax Collector to collect the taxes charged in the tax records and receipts. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: It is recommended that the board charge the Tax Collector with the 2021 levy. ATTACHMENTS: 2021 Charge of Levy COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 5 August 2, 2021 State of North Carolina County of New Hanover To the collector of Revenue of New Hanover County: You are hereby authorized, empowered and commanded to collect the taxes set forth in the tax records filed in the office of the Tax Administrator and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth, effective September 1, 2021. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of New Hanover and all jurisdictions therein and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers for and on account thereof, in accordance with the law. Witness my hand and official seal this 2nd day of August 2021 Julia Olson-Boseman, Chair New Hanover County Board of Commissioners Attest: Kymberleigh G. Crowell, Clerk to the Board New Hanover County I, Allison Snell, Collector of Revenue of New Hanover County, hereby acknowledge receipt of tax books for real estate and personal property for Cape Fear, Federal Point, Carolina Beach, Kure Beach, Harnett, Wrightsville Beach, Masonboro and Wilmington Townships for New Hanover County. Allison Snell, Collector of Revenue New Hanover County Board of Commissioners - August 2, 2021 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 8/2/2021 Consent DEPARTMENT: Finance PRESENTER(S): Tonya Jackson, Social Services Director CONTACT(S): Tonya Jackson, Social Services Director and Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Approval of Emergency Rental Assistance Program (ERAP) BRIEF SUMMARY: New Hanover County has received Emergency Rental Assistance Program (ERAP) funds directly from the US Treasury and as a subrecipient of the North Carolina Pandemic Recovery Office (NCPRO). These funds are to aid households that are unable to pay rent and utilities during or due, directly or indirectly, to the coronavirus pandemic. The Board of County Commissioners have approved the use of $7,072,025 in ERA1 grant funding directly from the US Treasury through budget amendment 21-041 that was brought forward in fiscal year 2021. There have been subsequent awards of funding for these programs that need to be budgeted in this fiscal year. The following chart breaks down the separate awards: Awarding Amount of Funding Agency Title Award expiration US Treasury ERA1 7,072,025 9/30/2022 US Treasury ERA2 5,595,763 9/30/2025 NCPRO ERA1 8,607,365 9/30/2022 NCPRO ERA2 6,767,959 TBD $ 28,043,112 Actual Board BA Revenue Adoption Received Date BA # To -Date 3/15/2021 21-041 7,072,025 8/2/2021 22-003 2,238,305 8/2/2021 22-004 - TBD TBD - $ 9,310,330 BA 22-003 budgets $5,595,763 in ERA2 grant funding awarded directly to New Hanover County by the US Treasury. Of this total, $2,238,305 has been received to date. 85 percent of the awarded funds must be used for direct financial assistance while 15 percent of awarded funds are available for housing stability services, including case management and other services intended to keep households stably housed, and administrative costs. The funds generally will expire on September 30, 2025. There is no county match. The US Treasury does not require a separate fund be established; therefore, BA 22-003 is being established in the general fund. The grant project ordinance budgets $8,607,365 for a grant award from the state via NCPRO. An additional $6,767,959 in NCPRO funds is available to New Hanover County, and a budget amendment for these funds will be submitted at a later date. These funds expire September 30, 2022 and no county match is required. Up to S percent of awarded funds ($430,368.26) is available for administrative costs. The award contract with NCPRO requires the County to establish a special revenue fund to account for the revenues and expenses. As such, a grant project ordinance for the NCPRO Emergency Assistance Program is attached for Board adoption. This special revenue fund is being established as a multi -year fund. For both sources of funding, rental assistance provided to an eligible household should not be duplicative of any other federally funded rental assistance provided to such household. Eligible households that include an individual who has been unemployed for the 90 days prior to application for assistance and households with income at or below 50 Board of Commissioners - August 2, 2021 ITEM: 6 percent of the area median are to be prioritized for assistance. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Deliver quality service at the right time RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Board adoption of BA 22-003 and the NCPRO Emergency Rental Assistance Grant Project Ordinance. ATTACHMENTS: BA 22-003 NCPRO ERA1 Grant Project Ordinance COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 6 AGENDA: August 2, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Deliver quality service at the right time Fund: General Department: Social Services BA 22-003 Emergency Rental Assistance (ERA2) $ 5,595,763 11 S 5,595,763 Total $ - $ 5.595.763 Fs 5.5-95.763 Total 1 $ - 1 $ 5,595,763 II $ 5,595,763 Prior to Actions Total if Toda . Actions Taken Departmental Budget $ 40,299,484 $ 45,895,247 BA 22-003 - The Emergency Rental Assistance program (ERA2), established by section 3201 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021), provides funding to assist households, nationwide, that are unable to pay rent and utilities during or due, directly or indirectly, to the coronavirus pandemic. The funds are provided directly to States, U.S. Territories, local governments, and Indian tribes. Grantees use the funds to provide assistance to eligible households through existing or newly created rental assistance programs. 85 percent of awarded funds must be used for direct financial assistance, including rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing. 15 percent of awarded funds are available for housing stability services, including case management and other services intended to keep households stably housed, and administrative costs. New Hanover County was awarded $5,595,763 and has received the first allotment of $ 2,238,305. The funds generally will expire on September 30, 2025. There is no county match. An "eligible household" is defined as a renter household in which at least one or more individuals meets the following criteria: -qualified for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship during or due, directly or indirectly, to the coronavirus pandemic; and -demonstrates a risk of experiencing homelessness or housing instability; and • household is a low-income family (as such tern is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) Rental assistance provided to an eligible household should not be duplicative of any other federally funded rental assistance provided to such household. Eligible households that include an individual who has been unemployed for the 90 days prior to application for assistance and households with income at or below 50 percent of the area median are to be prioritized for assistance. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 22-003 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 2nd day of August, 2021. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 2, 2021 ITEM: 6 - 1 - 1 GRANT PROJECT ORDINANCE NEW HANOVER COUNTY NCPRO EMERGENCY RENTAL ASSISTANCE PROGRAM BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) has been awarded $8,607,365 of Emergency Rental Assistance Program (ERAP) funds from the North Carolina Pandemic Recovery Office (NCPRO). NCPRO, an agency of the Office of State Budget and Management (OSBM), was designated by OSBM to accept and administer funds from the federal COVID-19 pandemic relief funds under Section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020). North Carolina Session Law 2021-25, Senate Bill 172, allocates ERAP funding to local governments. Programs have been designed within these guidelines as outlined in this grant project ordinance. 2. County desires to authorize and budget for said project in a grant project ordinance adopted pursuant to North Carolina General Statute Section 159-13.2 and effective upon adoption, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH THAT: 1. This grant project ordinance is adopted pursuant to North Carolina General Statute Section 159-13.2. 2. The project undertaken pursuant to this ordinance is the NCPRO Emergency Rental Assistance Program, which project is herewith authorized. 3. The revenue that will finance said project is: Intergovernmental Revenues - Federal $ 8,607,365 Total $ 8,607,365 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Emergency Rental Assistance Program Expenditures $ 8,607,365 Total $ 8,607,365 5. The Finance Officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by state and federal regulations. 6. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance office in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this 2nd day of August 2021. Kymberleigh G. Crowell Clerk to the Board of Commissioners Julia Olson-Boseman, Chair Board of County Commissioners Board of Commissioners - August 2, 2021 ITEM: 6 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Consent DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Adoption of Budget Amendment BRIEF SUMMARY: The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30, 2022: Juvenile Services 22-002 STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinance for the budget amendment listed. ATTACHMENTS: 22-002 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 7 AGENDA: August 2, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Deliver quality service at the right time Fund: General Department: Juvenile Services Expenditure: Decrease Increase Total BA 22-002 Pass -Through Grant Expenditures $ 95,550 $ 95,550 $ - $ 95,550 $ 95,550 Revenue: Decrease Increase 11 Total BA 22-002 NC Dept of Public Safety Grant $ 95,550 $ 95,550 Total $ - $ 95,550 $ 95,550 Prior to Actions Today Departmental Budget $ 302,425 Total if Actions Taken $ 397,975 Section 2: Explanation BA 22-002 increases expenditures and revenues for a pass -through grant awarded to Coastal Horizons Center, Inc. by the NC Department of Public Safety. The program title is Alternatives to Commitment: Family Preservation Program. There is no county match required for this funding. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 22-002 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 2nd day of August, 2021. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 2, 2021 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Regular DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Deputy County Manager CONTACT(S): Tim Burgess and Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Consideration of Preliminary Assessment Resolution for NCDOT-Required Improvements to William Louis Drive for Inclusion into NCDOT Road Maintenance System BRIEF SUMMARY: The owners of property located on William Louis Drive have petitioned the New Hanover County Board of Commissioners to undertake a project to improve a section of William Louis Drive, from Cheryl Lane to Brandy Court, in order to meet the standards of the North Carolina Department of Transportation (NCDOT) so that this section of the road may become a part of the state -maintained system. NCDOT has determined the required improvements and has agreed to assume responsibility for maintenance once the improvements have been completed. New Hanover County would be responsible for bidding the project, providing oversight of the improvements, and assessing the benefited parties for the costs of the improvements plus other costs incurred by the county. As provided for in N.C.G.S. 153A-205(b), New Hanover County may finance the local share of the improvements, which is estimated at $47,816, as long as a petition for improvements is received which is "signed by at least seventy- five (75%) of the property owners of property to be assessed, who must represent at least seventy-five (75%) of all the lineal feet of frontage of the lands abutting on the street or portion thereof to be improved." The signed petition that was presented to the county represents 23 of 26 of the property owners and exceeds both seventy-five (75%) thresholds. One hundred percent of the cost of the improvements plus other costs incurred by the county will be assessed against the benefited properties. The basis for making the assessment against the benefited properties will be the number of residences and vacant buildable parcels with road frontage and addresses on William Louis Drive, at an equal rate per parcel, as allowed by N.C.G.S 153A-186(a). Each property owner will have the option of paying their assessment in five equal annual installments which will bear interest at a rate that approximates all the costs, including opportunity costs, to administer the installment loans. The first annual installment will be due sixty days after the final assessment roll has been confirmed, which could be done by the Board of Commissioners in December 2021. As required in N.C.G.S. 153A-192, the board must first adopt a preliminary assessment resolution before a public hearing is conducted or a final resolution can be adopted. Should the Board of Commissioners agree to move forward with this request, then a public hearing on all matters covered by the preliminary assessment resolution will be held at 4:00 p.m. on the 7th day of September 2021. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - August 2, 2021 ITEM: 8 Adopt preliminary assessment resolution. ATTACHMENTS: Preliminary Assessment Resolution Exhibit A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PRELIMINARY ASSESSMENT RESOLUTION WILLIAM LOUIS DRIVE WHEREAS, the owners of property on William Louis Drive have petitioned and the New Hanover County Board of Commissioners intend to undertake a project to improve William Louis Drive, a residential street, and to bring it up to the standards of the North Carolina Department of Transportation (NCDOT) so that it may become a part of the state maintained system; and WHEREAS, as provided in N.C.G.S. 153A-205(b) a county may finance the local share of the improvements made under the supervision of DOT to bring a street up to the standards of DOT; and WHEREAS, the NCDOT has approved the improvements to William Louis Drive, and has agreed to take over the street once the improvements have been completed. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1. New Hanover County intends to undertake a project to improve and repair William Louis Drive, this section of William Louis Drive located from Cheryl Lane to Brandy Court, as more specifically set forth in Attachment A. 2. One hundred percent of the cost of the project shall be assessed against the benefited properties. 3. The basis for making the assessment against the benefited properties will be the number of residences and vacant buildable parcels with road frontage and addresses on William Louis Drive, at an equal rate per parcel, as allowed by N.C.G.S 153A-186(a). 4. The assessment herein provided for shall be payable in cash, or if any property owner shall so elect, they shall have the option of paying the assessment in five equal annual installments, said installments to bear interest at a rate that approximates all the costs, including opportunity costs, to administer the installment loans not to exceed the limits imposed by N.C.G.S. 153A-200(a). 5. A public hearing on all matters covered by this preliminary assessment resolution will be held at 4:00 p.m. on the 71h day of September 2021 in Assembly Room 301 of the Historic Courthouse located at 24 North Third Street, Wilmington, NC 28401. ADOPTED this the 2"d day of August, 2021. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 2, 2021 ITEM: 8 - 1 - 1 William Louis Drive Assessment Exhibit A 4451 WILLIAM LOUIS DR 4453 WILLIAM LOUIS DR 4454 WILLIAM LOUIS DR 4455 WILLIAM LOUIS DR 4456 WILLIAM LOUIS DR 4457 WILLIAM LOUIS DR 4458 WILLIAM LOUIS DR 4459 WILLIAM LOUIS DR 4460 WILLIAM LOUIS DR 4461 WILLIAM LOUIS DR 4462 WILLIAM LOUIS DR 4463 WILLIAM LOUIS DR 4464 WILLIAM LOUIS DR 4465 WILLIAM LOUIS DR 4466 WILLIAM LOUIS DR 4473 WILLIAM LOUIS DR 4474/4476 WILLIAM LOUIS DR 4475 WILLIAM LOUIS DR 4477 WILLIAM LOUIS DR 4478 WILLIAM LOUIS DR 4479 WILLIAM LOUIS DR 4480 WILLIAM LOUIS DR 4481 WILLIAM LOUIS DR 4482 WILLIAM LOUIS DR 4483 WILLIAM LOUIS DR 4484 WILLIAM LOUIS DR Board of Commissioners - August 2, 2021 ITEM: 8 - 2 - 1 ems• �� c m F o� a� 30 �O`r 0 g N� O r_ _ r O C N l 0 7 . 9L P4 a' r 0 c N� Dy F O � 3 r 0 c N O Dy Cr ` C 2` m c o• F gym. 7 O fn O D 3 m Cheryl Ln Cheryl Ln m Cheryl i Board of Commissioners - August 2, 2021 ITEM: 8 - 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Regular DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Deputy County Manager CONTACT(S): Tim Burgess; Kemp Burpeau, Deputy County Attorney; Corey Somersett, Sheriff's Detective; Joe Suleyman, Director of Environmental Management SUBJECT: Consideration of Amendment to the New Hanover County Code Chapter 23 Environment BRIEF SUMMARY: The New Hanover County Sheriff's Department has been tasked with enforcing the Nuisance and Litter Ordinances on behalf of New Hanover County. With repeat offenders and situations where large quantities of material have been illegally disposed of, the current ordinance does not provide sufficient penalties in which to properly address these situations. Therefore, county administration and staff are requesting that the Board of Commissioners approve an amendment to the New Hanover Code of Ordinances Section 23-80. Civil Citations; Article III, Nuisances; and Article IV, Litter. The substantive changes are as follows: 1. In addition to the Sheriff's department, New Hanover County Environmental Management will also be authorized to issue citations under the Ordinance, 2. Provide a civil penalty of $800.00, or as otherwise set forth in an Adopted Fee Schedule, for offenses beyond the third offense, and 3. A bulk content violation, consisting of any debris, trash, derelict structures, vehicles, boats or household or commercial items, demolition material, chemicals, or vegetation in excess of five (5) cubic yards quantity, may incur a civil penalty of $1,000.00 per offense, or as otherwise set forth in an Adopted Fee Schedule. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Amendment to New Hanover Code of Ordinance Section 23-80. Civil Citations; Article 111, Nuisances; and Article IV, Litter. ATTACHMENTS: Amendment to New Hanoser Code of Ordinance Section 23-80. Civil Citations; Article III, Nuisances; and Article IV, Litter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Board of Commissioners - August 2, 2021 ITEM: 9 Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 9 An Ordinance of the Board of Commissioners of New Hanover County The Board of Commissioners of New Hanover County hereby ordains and decrees that New Hanover County Code Chapter 23 Environment be and is modified and amended as follows: Section 23-80. Civil Citation. 1. Article III, Nuisances, Civil Citations is recaptioned "Enforcement and Penalties" and is amended as follows: The county sheriff's department and/or county environmental management may issue a citation which subjects the offender to a civil penalty of $100.00 for the first offense, $300.00 for a second offense, $500.00 for a third and $800.00 for subsequent offense, or as otherwise set forth in an Adopted Fee Schedule. Provided, however, a bulk content violation, consisting of any debris, trash, derelict structures, vehicles, boats or household or commercial items, demolition material, chemicals, or vegetation in excess of five (5) cubic yards quantity, may incur a civil penalty of $1,000.00 per offense, or as otherwise set forth in an Adopted Fee Schedule. Penalty may be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within twenty (20) days after being cited. Violation of this article shall result only in civil penalties and/or civil action set forth in the article and shall not entail criminal sanctions unless otherwise authorized by penal statutes or ordinances. Each day of a continuing violation shall constitute a separate offense under this article. More than one (1) violation occurring on a subject property with one or more same owner(s) or occupant(s) or offender(s) shall be deemed additional and subsequent regardless of the date or time of occurrence. All civil penalties are in addition to any abatement costs and administrative fees. 2. Article IV, Litter, Section 23-200, Section 23-300, Enforcement and Penalties, is amended as follows: The county sheriff's department and/or county environmental management may issue a citation which subjects the offender to a civil penalty of $100.00 for the first offense, $300.00 for a second offense, $500.00 for a third and $800.00 for subsequent offense, or as otherwise set forth in an Adopted Fee Schedule. Provided, however, a bulk content violation, consisting of any debris, trash, derelict structures, vehicles, boats or household or commercial items, demolition material, chemicals, or vegetation in excess of five (5) cubic yards quantity, may incur a civil penalty of $1,000.00 per offense, or as otherwise set forth in an Adopted Fee Schedule. Penalty Board of Commissioners - August 2, 2021 ITEM: 9 - 1 - 1 may be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within twenty (20) days after being cited. Violation of this article shall result only in civil penalties and/or civil action set forth in the article and shall not entail criminal sanctions unless otherwise authorized by penal statutes or ordinances. Each day of a continuing violation shall constitute a separate offense under this article. More than one (1) violation occurring on a subject property with one or more same owner(s) or occupant(s) or offender(s) shall be deemed additional and subsequent regardless of the date or time of occurrence. All civil penalties are in addition to any abatement costs and administrative fees. 3. Expect as expressly amended above. Chapter 23 Environment shall remain unaltered and in full force and effect. This the day of , 2021. (SEAL) Clerk to the Board NEW HANOVER COUNTY Chair 2 Board of Commissioners - August 2, 2021 ITEM: 9 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Regular DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Lewis, Collections Supervisor SUBJECT: Consideration of the 2020 Annual Tax Settlement BRIEF SUMMARY: In accordance with North Carolina General Statutes, the Tax Collector must make an annual report of settlement for the fiscal year 2020-2021 and prior years. New Hanover's overall collection rate is up .22% to 99.32. Fire District is up .36% to 99.45. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the 2020 Annual Tax Settlement. ATTACHMENTS: 2020 Annual Tax Settlement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 10 L O L-. p � •L Ln E Q .o x V — U o� Q � Board of Commissioners - August 2, 2021 ITEM: 10- 1 - 1 O U (1) O U X Jc LIMP r-1 N O N O N O N L C6 S 0 WE c6 U N S a--j L O E 4-j 4--j Q) Ln O Board of Commissioners - August 2, 2021 ITEM: 10- 1 - 2 W O N O N z O V OC W 0 Z Q W Z 0 0 0 0 0 0 0 0 lD lD O O O O M M Cl Cl Ln Ln 01 01 M dl M Cl Q1 01 • lD N M l Cl lD Ln Ln i-1 00 lD M 1" M O 1- r- • -- n r, N 00 O Ol Ln M Ln N c-i rl- lD N Cl O lD r- N c-I • CY) 1� lD O O N Cl Cl O 00 00 O rr) -1 rn Ln d' M Q0 O M Ln M • 00 N Cl lD Ln M M N 00 00 00 00 N N O Cl lD N N M Ln N Ln 00 00 � 00 O � O N O rn ri M .� 00 cn • Ln -1 ri -V} r i N � C0 m � � N 0O0 LLn Lr) M C1 00 M r-I 00 fv) N 00 rn M O M N Ln ' O Cl lD (7 Ln M N N 00 M N M N N M O M � 00 Cl O rl N d • c-I Cl -1 M 1-1 Ol M Ln ri 1l1- r- N -1 L C O u L LL i m Li- i > LL i 0 Li-i 0 L d L A � O S_ A :%I O L (A I� L :n ) ^ a--i f0 L C p C -0 Ca -0 L oc o a � o (D o C7 (D 0 Board of Commissioners - August 2, 2021 ITEM: 10- fV M of rn 0 • LM 0 C Ol O1 0 lfl O> 0 M V cn � ca ca = L Z N O N a; am 01 -I O N O N Ln Ql Ql � M OM N cf rl O-i O O al 61 M M M M M M M M M 4J U N aJ 0 C LL c cU Board of Commissioners - August 2, 2021 ITEM: 10- 1 - 4 0 0 0 0 O 0 l�0 0 It O) r. O 01 Q1 Q1 O Ql u1 u1 O .i al d 00 N t11 O l0 O m m • c 0 0 m m l0 {n qn- vi m rn rn 00 l0 m rn N 00 M O m rn r- rH O l0 N 0000 .r-� a) O Qi O 0 O �* 00 -1 a) C00 (Z m .. 0) L; Ln o 0 o rn o C 4-0 v O o v v a) v c L- c p c i c a ( (D Q Board of Commissioners - August 2, 2021 ITEM: 10- Q1 a O • �a Ln � V M O 0 V � L L LN Ql 00 O Ql O O O O 0 00 00 Lq l a) iT iT 0) 0) 0) 0) N 0 N 0 N 0 N Q1 c -i 0 N 00 -I O N 0 N C LL M i N C Board of Commissioners - August 2, 2021 ITEM: 10- 1 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Regular DEPARTMENT: Sheriff PRESENTER(S): Chief Deputy Ken Sarvis CONTACT(S): Chief Deputy Ken Sarvis SUBJECT: Public Hearing and Consideration of Approval to Submit a Joint Application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for 2021 Funding from the U.S. Department of Justice BRIEF SUMMARY: The JAG program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement, prosecution, drug treatment and enforcement, crime victim and witness initiatives, planning, evaluation and technology improvement programs. New Hanover County and the City of Wilmington are certified as disparate agencies; therefore 2021 JAG grant funding in the amount of $86,805 is eligible as a joint allocation; New Hanover County will receive $43,403 and the City of Wilmington will receive $43,402. Submittal of a joint application is required for disparate agencies. The duration of the grant is three years. The funds may be used during the grant's term which is 10/1/2020 through 9/30/2024. There is no local match requirement. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct a public hearing on the use of the 2021 JAG grant funding. After closing the public hearing, authorize the Sheriff's Office to submit a joint application forthe 2021 JAG Grant with the City of Wilmington, and authorize the County Managerto execute the required County/City Memorandum of Understanding. ATTACHMENTS: Script MOU for 2021 JAG Grant COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - August 2, 2021 ITEM: 11 Conduct public hearing. Recommend approval. COMMISSIONERS' ACTIONS: Conducted public hearing. Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 11 SCRIPT FOR AGENDA ITEM August 2, 2021 CHAIRMAN OLSON-BOSEMAN: I will now open a public hearing to receive comments on the 2021 JAG grant funding. The JAG program provides states and local governments with funding necessary to support law enforcement, prosecution prevention and education programs, community corrections, drug treatment and enforcement, crime victim and witness initiatives, planning, evaluation and technology improvement programs. New Hanover County and the City of Wilmington are certified as disparate agencies; therefore, the 2021 JAG grant funding in the amount of $86,805 is eligible as a joint allocation of $43,403 to County and $43,402 to City. There is no local match. The Board will now hear public comments. Hear comments, if any. I will now close the public hearing. Is there a motion to approve the 2021 JAG grant funding? Staff is directed to execute a Memorandum of Understanding between New Hanover County and the City of Wilmington. Page 1 of 1 Board of Commissioners - August 2, 2021 ITEM: 11- 1 -1 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2021 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2021 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ" ), that all of the following are true and correct: 1. 1 am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. 1 certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 3. 1 assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. 1 assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community -based organizations, to the extent applicable law or established procedure made such an opportunity available. 5. 1 assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. 1 have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. Signature of Chief Executive of the Applicant Unit of Date of Certification Local Government Printed Name of Chief Executive Name of Applicant Unit of Local Government Title of Chief Executive Board of Commissioners - August 2, 2021 Rev. May 11, 2021 ITEM: 11- 2 -1 New Hanover County Contract # _ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this the day of 2021 by and between the undersigned officials of New Hanover County, North Carolina and Wilmington, North Carolina (hereinafter referred to as "City") in order to facilitate obtaining Edward Byrne Memorial Justice Assistance Grants (JAG) through the United States Department of Justice. Further, all understandings contained herein are contingent upon the timely passage of appropriate funding resolutions by the parties' respective governing bonds. RECITALS WHEREAS, the United States Department of Justice has announced the availability of certain Edward Byrne Memorial Assistance Grant Funds through its Office of Justice Programs, Bureau of Justice Assistance; and WHEREAS, pursuant to federal law The Attorney General of the United States and The United States Department of Justice, Bureau of Justice Statistics, has determined and certified that the county bears more than fifty percent of the prosecution or incarceration costs arising from Part 1 violent crimes; and WHEREAS, the County and the City recognize that it would be in mutual best interest of all parties, as well as, the furtherance of the public interest and advancement of public safety, to cooperate one with the other in the Edward Byrne Memorial Justice Assistance Grant Process, and further, to enter into an agreement to equitably share said grant funds. NOW THEREFORE, the parties hereto enter into the following mutual understanding contained herein: 1. The County and City shall join in the herein described grant process, shall use their best efforts to facilitate said process to include, but not limited to, the submission of appropriate and timely funding resolutions to their respective governing boards, and shall cooperate one with the other. 2. There parties hereto agree to share on a percentage based distribution (50% City and 50% County) any and all funds awarded under the Edward Byrne Memorial Justice Assistance Grant and further each party shall determine their individual funding needs. The above stated percentages shall be adjusted accordingly to reflect the actual cost of the equipment to be acquired. 3. Based on the individual funding needs as determined by the parties and subject to the approval of each parties' governing board, each party may contribute a proportional share of any matching funds if deemed appropriate. 4. In the event the actual grant award is less than the original amount requested then the amount awarded to each party shall be proportionately decreased and each parties' matching fund share be proportionately decreased (i.e., if the overall grant Board of Commissioners - August 2, 2021 Page 1 of 3 ITEM: 11- 2 - 2 award is reduced by 10% then the amount to the County and/or City would decrease by 10% and the matching funds contributed by either the County and/or the City would be reduced by 10%). 5. The County shall act as lead agency and shall be responsible for the following: submitting the grant application filing all necessary attachments on behalf of both agencies for the requiring application; receive the electronic drawdown; and transfer the shared portion to the County; and handle grant monitoring and close- out. Further, the City shall provide the County with receipts of the designated expenditures in order for the County to submit the appropriate financial and program reports. No administrative fee shall be charged by either party. All funds will be used strictly for law enforcement purposes. 6. The County Manager has designated the New Hanover County Sheriff's Office to submit the application on behalf of both parties and shall provide any additional documents requested by the JAG program office. 7. This agreement shall commence on the day of 2021 and shall remain in effect until completion of the grant award pursuant to the Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant. 8. The terms and provisions enumerated herein shall constitute the entire understanding between the parties. This Memorandum of Understanding shall not be modified or otherwise amended except in writing signed by the parties. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the day and year first above written. County Manager ATTEST: Clerk to the Board City Manager ATTEST: City Clerk NEW HANOVER COUNTY, NORTH CAROLINA CITY OF WILMINGTON Board of Commissioners - August 2, 2021 Page 2 of 3 ITEM: 11- 2 - 3 New Hanover County Contract # This instrument has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director Approved as to form: County Attorney Approved as to form: City Attorney City Accountant's Certification This instrument has been pre -audited in the manner required by the Local Budget and Fiscal Control Act this the day of 2021. City Finance Director Board of Commissioners - August 2, 2021 Page 3 of 3 ITEM: 11- 2 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Regular DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z21-08) — Request by TDR-HL, LLC, Applicant and Property Owner, to Rezone Approximately 62.77 Acres of Land Located at 1308 Crooked Pine Road from R-15, Residential District, to PD, Planned Development District, in Order to Develop a Mixed -Use Project BRIEF SUMMARY: The applicant is seeking to rezone approximately 62.77 acres of land located at 1308 Crooked Pine Road from R-15 to PD (Planned Development) in order to develop a mixed -use project. The Planned Development (PD) district is a type of conditional zoning district that includes a site specific design (master plan) and mutually agreed upon conditions can be attached. Master plans for PD districts are intended to be in a bubble format that illustrate the general location and intensity of the land uses within the development. Planned Developments are often used for larger, multi -phase projects or integrated projects with longer anticipated build - outs. This approach is intended to balance providing flexibility so a project can adapt to changes in market conditions while providing a clear expectation of future development for stakeholders and adjacent property owners. The proposed PD district would allow for the development of a mixed -use project centered around a node at the planned intersection of the Murrayville Road Extension and Military Cutoff Extension. The proposal would extend Murrayville Road approximately % mile eastward to the intersection of Military Cutoff Extension to provide additional interconnectivity in this portion of the county. This extension would create three master -planned areas within the subject site centered around a mixed -use core along a neighborhood streetscape fronting the Murrayville Extension. The master plan proposes a maximum of 473 residential units, which are anticipated to include a range of housing options such as single-family attached, multi -family, and senior living. The Traffic Impact Analysis (TIA) for the project was scoped for just under 300,000 total square feet of commercial space centered around a commercial core fronting the Murrayville Road Extension with additional potential commercial space on the east side of the Military Cutoff Extension. The commercial areas could be developed as any of the commercial uses permitted in the PD district. These uses generally consist of office, retail, restaurant, personal service, lodging, and vehicle sales and services. In addition, the commercial areas would allow for a select amount of institutional uses and limited industrial/manufacturing uses. Under the County's performance residential standards, the site would be permitted up to 157 dwelling units at a density of 2.5 du/ac. The proposed maximum of 473 units equates to an overall maximum density of 7.54 du/ac. A Traffic Impact Analysis (TIA) was completed for the project and approved by NCDOT and the WMPO. The notable roadway improvements required for the project include the installation of turning lanes and signalization at key intersections such as Murrayville Road Extension and Military Cutoff Extension, Military Cutoff Extension and Plantation Road, and the installation of a roundabout on the Murrayville Road Extension. Board of Commissioners - August 2, 2021 ITEM: 12 Based on a generalized historic generation rate, staff would estimate that the increase in homes would result in approximately 69 additional students than would be generated under current zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Please refer to the Schools section included in this report for additional information on school enrollment and capacity. While the area was zoned for low density housing in the late 1960s and early 1970s, the 2016 Comprehensive Plan recommends a mixture of commercial uses and residential densities ranging from 8 to 15 dwelling units per acre. The extension of Murrayville Road to Military Cutoff Extension is included in the WMPO 2045 Metropolitan Transportation Plan (MTP) and is anticipated to be utilized as a significant east/west collector road that will connect Castle Hayne Road to Military Cutoff, allowing access to the Murrayville, Northchase, and the Laney High School areas. In addition, it is anticipated that the Murrayville Road Extension and completion of the Military Cutoff Extension may aid in alleviating traffic along Market Street, Gordon Road and other local roadways as motorists have additional routes to reach their destination in the northern portion of the County. The proposed master plan establishes a new mixed -use node centered around the intersection of Murrayville Road Extension and Military Cutoff Extension. This would make commercial services available to nearby residents without having to travel to existing services along Market Street, N College Road, and further south on Military Cutoff. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The proposed PD rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use Place Type, the residential densities are in -line with those recommended within this place type, and the project will develop a new commercial node in close proximity to nearby residents. The Planning Board considered this application at their July 8, 2021 meeting and recommended approval of the application (6-0), finding it to be: • CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended within this place type, and the project will develop a new commercial node in close proximity to nearby residents. • The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and commercial services to nearby residents and promote principals of walkable urbanism. The proposal also provides a transition from a mixed -use node to adjacent single-family residential neighborhoods, additional access points to properties east of Military Cutoff Extension, and extension of water and sewer services which will allow for integrated planning for future community services. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by N H C businesses and support them ■ Ensure NHC has appropriate housing to support business growth ■ Increase connectivity of residents to each other and their investment to New Hanover County Board of Commissioners - August 2, 2021 ITEM: 12 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a PD district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended within this place type, and the project will develop a new commercial node in close proximity to nearby residents. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and commercial services to nearby residents and promote principals of walkable urbanism. The proposal also provides a transition from a mixed -use node to adjacent single-family residential neighborhoods, additional access points to properties east of Military Cutoff Extension, and extension of water and sewer services which will allow for integrated planning for future community services. Alternative Motion for Denial I move to DENY the proposed rezoning to a PD district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended for the property, and the project will provide commercial services in close proximity to nearby residents, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z21-08 Script BOC Z21-08 Staff Report BOC Z21-08 Zoning Map Z21-08 FLUM Z21-08 Neighboring Properties Applicant Materials Coker Z21-08 Application Z21-08App Narratiee Z21-08 T&C Z21-08 Survey Site Plan CS Z21-08 Master Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Board of Commissioners - August 2, 2021 ITEM: 12 Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 12 SCRIPT for Zoning Map Amendment Application (Z21-08) Request by TDR-HL, LLC, applicant and property owner, to rezone approximately 62.77 acres of land located at 1308 Crooked Pine Road from R-15, Residential District to PD Planned Development District, in order to develop a mixed -use project. 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 additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. 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 of Approval I move to APPROVE the proposed rezoning to a PD district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended within this place type, and the project will develop a new commercial node in close proximity to nearby residents. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and commercial services to nearby residents and promote principals of walkable urbanism. The proposal also provides a transition from a mixed -use node to adjacent single-family residential neighborhoods, additional access points to properties east of Military Cutoff Extension, and extension of water and sewer services which will allow for integrated planning for future community services. Example Motion of Denial I move to DENY the proposed rezoning to a PD district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended for the property, and the project will provide commercial services in close proximity to nearby residents, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Board of Commissioners - August 2, 2021 ITEM: 12- 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a PD 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 - August 2, 2021 ITEM: 12- 1 - 2 STAFF REPORT FOR Z21-08 PLANNED DEVELOPMENT APPLICATION APPLICATION SUMMARY Case Number: Z21-08 Request: Rezoning to a Planned Development (PD) district Applicant: Property Owner(s): TDR-HL, LLC TDR-HL, LLC Location: Acreage: Eastern terminus of Murrayville Road 62.77 PID(s): Comp Plan Place Type: R02800-004-031-000 Community Mixed Use R02800-004-104-000 Existing Land Use: Proposed Land Use: Undeveloped Mixed -Use development Current Zoning: Proposed Zoning: R-15, Residential PD, Planned Development Oman .pry*� ►� �� .. ��.-..!��a�..��ii��•1�.A� ... NONE own MENNEN moms lemon � ...I� r '1 sir Yl ��I ►v�� \ a SURROUNDING AREA LAND USE ZONING North Undeveloped R-15 East Undeveloped R-15 South Single -Family Residential R-15 West Undeveloped, Single -Family Residential attached and detached R-15, R-5 Z21-08 Staff Report BOC 8.2.2021 Page 1 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 1 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 813) COMMUNITY SERVICES Water and sewer services are available through CFPUA. Specific design Water/Sewer will be determined during site plan review, and mainline extensions will be required. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Murrayville Station Schools Murrayville Elementary, Trask Middle, and Laney High Schools Recreation Smith Creek Park, Olsen Park, Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z21-08 Staff Report BOC 8.2.2021 Page 2 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 2 APPLICANT'S PROPOSED MASTER PLAN Overview • The Planned Development (PD) district is a type of conditional zoning district that includes a site -specific design (master plan), and mutually agreed upon conditions can be attached. Master plans for PD districts are intended to be in a "bubble" format that illustrate the general location and intensity of the land uses within the development. Planned developments must be constructed in accordance with the standards established in the approved master plan and must comply with all other applicable development regulations (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan and other applicable regulations is verified during the review of a site -specific development proposal located within the planned development. The PD district was established to encourage innovative, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services. The PD district can also provide more flexibility from conventional development standards, such as parking and street design, in order to help create a more mixed -use, pedestrian -oriented development. 3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT 19-08-20201 A. Purpose The Planned Development (i District is established to encourage innovative, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services, and that provide community benefits. by Reducing the inflexibility of zoning district standards that sometimes result from strict application of the base district, and development standards; + Allowing greater flexibility in selecting: the form and design of development, the ways by which pedestrians and traffic circulate, how the development is located and designed to respect the natural features of the land and protect the environment, the location, and integration of open space and civic space into the development. and design amenities: + Encouraging a greater mix of land uses within the same development; Allowing more efficient use of land, with smaller networks of streets and utilities: + Providing pedestrian connections within the site and to the public right-of-way; and Promoting development forms and pattems that respect the character of established surrounding neighborhoods and other types of land uses. B. Concept yy� �v C. Use Standards Allowed uses and use -specific standards for principal, accessary, and temporary uses are identified in Article 4: Uses and Use -Specific Standards. The allowed uses are only permitted for development if they are included in the MPD Master Plan that is approved as part of the PD district in accordance with Section 3.3.3.A. MDP Master Plan. UDO Section 3.3.7 — Planned Development i District Z21-08 Staff Report BOC 8.2.2021 Page 3 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 3 • Planned Developments are often used for larger, multi -phase projects or integrated projects with longer anticipated build -outs. This approach is intended to balance providing flexibility so a project can adapt to changes in market conditions while providing a clear expectation of future development for stakeholders and adjacent property owners. SYMBOLLEGEND HPROPOSED . VEHICULAR 5 PEDESTRIAN ACCE35 POIN' CIRCULATION MULTWSE PATH 000 PER NCIIOT DESIGN MURRAWILLE �� E%TQISION STREETSCAPE POTENTIAL ACCESS NODE WN NSION E—" STREETSCAPE S LANDSCAPE Q BUFFER OR STREET YARD „AN J" µ.ANT i§ r I I § >3 i - C RESIDENTIAL OR CEN.9MERICAL PARCEL F CONTINUES AROUND SERVICE ROAD CURVE BUFFER BETWEEN EKETING RESIDENTIAL & PROPOSED PD PARCELS WALL BE PROVIDED PER UDO STREETfARD WILL BE PROADED PER UDO, TYP. —I 14%4- 0 RESIDENTIAL •1838 AC J 312 UNITS MAX US-- CGULD BE ANY PERMITTED! RE510<NThL �7 dU/aC LUES INA PD ZONE ANDOY SENIOR LIVING, MNTRfUI:NG CAFE COMMUNITY 'Ab i RESIDEeV 11AL DR CCMAMERFCAL RESIDENTIAL DR 1.61 M CRICAL n"r.sM1 Ac �iC3�i MaED ME? MULT}FRMILM 1 ° FESISEITBL d AMTIOR � • '�� cGNTINunIG cARE nuING DaMPeuwrr '�'yy :1a.3i Ac Ivl � TARY CUTOFF EXTENSION SERVICE ROAD; DESIGNED & CONSTRUCTED BY NCDOT — EXISTING NCDOT PLANS FOR MILITARY CUTOFF EXTENS104 PROPOSE A RIGHT IFLRIGHT OUT AT SERVICE ROAD INTERSECTION iD[BN ]:R.t6 iµ V 0,111 CCWMERCIAL! MIXED USE! MULTIFAMILY RESIDENTIAL LDIiAJ : R-15 JAFi] USE: VACANT LTi1SNG. R- 1 :APB: USE: HOAC IWN AFiEA'RTtiD V' RESIDENTIAL0fr TOE.&I f B.sa AG AC W Lacrrs Max + 7 du/ac 20HNO:RS LAND uSE RESICEY EG T0'ARS'YO]IEG EXISTING NCDOT PLANS PRDPOSE ALEFT-OVER FROM MURRAYVILLE RD. ANG '1Al.Ni GY, ZC11. OG R5 - �^C R TV H um NUmVNLPNDJMVA-1E ACCESS TOHOI.EVREAF, PARCFI VACMR Pr --nc1 Site Pkin with Staff Markups The proposed PD district would allow for the development of a mixed -use project centered around a mixed -use node at the planned intersection of the Murrayville Road Extension and Military Cutoff Extension. The proposal would extend Murrayville Road approximately'14 mile eastward to the intersection of Military Cutoff Extension to provide additional interconnectivity in this portion of the county. This extension would create three master -planned areas within the subject site centered around a mixed -use core along a neighborhood streetscape fronting the Murrayville Road Extension. A proposed roundabout and additional access points are planned along this segment of the roadway to provide internal interconnectivity to other portions of the development. Z21-08 Staff Report BOC 8.2.2021 Page 4 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 4 • On the north side of the Murrayville Road Extension, approximately 14.37 acres fronting the roadway is planned for a mix of uses including commercial, multi -family residential, and senior living. An additional 18.26 acres north of this area is planned for residential development and senior living consisting of approximately 312 units in a range of housing options at a maximum density of 17 du/ac abutting currently undeveloped tracts. • On the south side of the Murrayville Road Extension, approximately 7.41 acres adjacent to the roadway is planned for a mix of commercial and multi -family residential. An additional 8.54 acres south of this area is planned for a maximum of 60 townhomes at a density of 7 du/ac, providing a transition from the mixed -use areas along the Murrayville Road Extension to single-family detached portions of Hanover Reserve south of the subject site which have been previously approved. • On the eastern side of the Military Cutoff Extension, four areas totaling 19.57 acres are planned for either residential or commercial development to provide flexibility in adapting to market conditions. Specific uses and area totals for commercial development were listed for study in the Traffic Impact Analysis (detailed in the TIA section of this report). Generally, the proposed commercial development in the TIA scope consists of just under 300,000 total square feet of non-residential development. • The proposal contains a maximum of 473 residential units throughout the subject site. 372 units are proposed with a range of housing products in addition to senior living on the western side of Military Cutoff Extension. The remainder of residential units may be spread throughout the other areas identified as Residential on the master plan but will not exceed the proposed maximum. • Building heights in the solely residential areas of the master plan (Section A and D) are proposed at a 65' maximum except for the planned townhomes in Section D, where a 35' maximum is proposed. • Building heights in the commercial and mixed -use areas of the master plan (Sections B, C, E, F, G) are proposed at an 80' maximum except for buildings adjacent to the periphery of the site, where a 60' maximum is proposed. The PD district allows for 80' maximum building heights in Community Mixed Use areas identified on the New Hanover County Future Land Use Map and fronting along a collector, minor arterial, or principal arterial. • The applicant's proposed Terms & Conditions document states that areas designated for Residential Use on the proposed master plan may allow any residential land use permitted within the PD district except for the following: • Mobile Home; • Mobile Home, Doublewide; • Mobile Home Park; • Mobile Home Subdivision Z21-08 Staff Report BOC 8.2.2021 Page 5 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 5 • The applicant's proposed Terms & Conditions document states that areas designated for Mixed -Use and Commercial on the proposed master plan may allow any commercial use permitted within the PD district. • These uses would include the following from the Principal Use Table in the UDO: Commercial Uses ■ Bar/Nightclub 0 Instructional Services and ■ Event Center Studios ■ Indoor Recreation ■ Personal Services, Establishment General • Outdoor Recreation ■ Convenience Store Establishment 0 Food Market ■ Animal Grooming Service ■ Grocery Store ■ Equestrian Facility 0 Pharmacy ■ Veterinary Service ■ Retail Nursery ■ Bank/Financial Institution ■ Retail Sales, Building and ■ Business Service Center Construction Supplies ■ Funeral Services 0 Retail Sales, General ■ Mini-Warehouse/Self Storage ■ Boat Dealer ■ Repair Shop ■ Car Wash ■ Commercial Kitchen, Catering ■ Equipment Rental and ■ Microbrewery/ Leasing Microdistillery ■ Farm Implement Sales ■ Restaurant ■ Fuel Sales ■ Campground/RV Park ■ Mobile Home and ■ Hotel or Motel Prefab Building Sales ■ Contractor Office ■ Vehicle Rentals ■ Offices for Private ■ Vehicle Sales Business/Professional Activities ■ Vehicle Service Stations ■ Dry Cleaning/Laundry Plant (Large, Major, Minor) Z21-08 Staff Report BOC 8.2.2021 Page 6 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 6 • In addition, the following office, civic and institutional, educational health care, industrial, and limited manufacturing uses are proposed to be allowed in the Mixed -Use and Commercial areas on the master plan: Office, Civic and Institutional, Educational Services, Health Care Facilities: ■ Adult Day Care ■ Child Care Center ■ Family Child Care Home ■ Library ■ Community Center ■ Lodges, Fraternal, & Social Organizations ■ Museum ■ Post Office ■ Senior Living, Assisted Living, Continuing Care Retirement Community ■ Hospital, Medical & Dental Office and Clinic ■ Nursing and Rehabilitation Center Industrial and Limited Manufacturing: ■ Broadcasting and Production Studio ■ Research and Development Facility ■ Artisan Manufacturing ■ Beverage Manufacturing ■ Mini-storage/self -storage ■ Printing and Related Support Activities ■ Office/Flex warehouse ■ Watercraft and watercraft accessories and RV storage (if fenced/gated), includes drystack facilities ■ Wholesaling • The proposed Terms & Conditions document states that the following uses will not be permitted within areas designated for Mixed -Use and Commercial on the proposed master plan: ■ Animal Shelter; ■ Kennel; ■ Vehicle Towing Service Z21-08 Staff Report BOC 8.2.2021 Page 7 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 7 Compensating Community Benefits • In accordance with the standards of the Unified Development Ordinance (UDO), a Planned Development (PD) District must identify the compensating community benefit of the proposed project that helps achieve the stated goals of the district (noted on page 3). These benefits can include, but are not limited to: improved design, natural preservation, improved connectivity, mixed -use development, green building practices, and the dedication of land for public purposes. The applicant states the proposal would provide the below community benefits (quoted text taken directly from the application): 1. Improved Design ■ "This project has four main components all contributing to improved design: • Building a roadway connection that can alleviate traffic congestion in the northern part of New Hanover County. • The extension of Murrayville Road which moves the County closer to achieving its 2045 transportation goals in extension of the Road to the east. This opens up opportunities for public1private partnership to further vehicular and pedestrian transportationlre creation corridors. • A mixed -use community developed in a newly opened commercial growth node created in the county by the Military Cutoff Extension (MCE) corridor. • A cohesively designed project offering a variety of housing types that act as a transition from the proposed commerciallmixed use areas to the existing single-family homes and undeveloped land in the area." 2. Improved Connectivity for Pedestrians and/or Vehicles, Expansion of County -Wide Parks and Recreation Opportunities ■ "Additional connections to existing roads, sidewalks, and paths allowing for bicycle and pedestrian facilities will be provided to improve connectivity internal to the development and, in appropriate places, to and from the development and existing residential and commercial development in the county, beyond the requirements of Section 5.2, Traffic, Access, and Connectivity." ■ "Murrayville Extension and the developer's on -going work with NCDOT and County staff to plan the Murrayville Road Extension will further secure improved connectivity beyond the borders of the Murrayville area neighborhoods. This project will build an important connection of the County's 2045 transportation plan that could link the Murrayville residents to the regional County amenity of Ogden Park, Market Street, and future growth nodes. The developer is open to discussing private1public partnerships extending multi -modal connections through the development to expand recreation opportunities beyond this development and recognizes the Military Cutoff Extension as a key way to connect a large section of New Hanover County to goods and services without overloading existing roadways. The road will help alleviate congestion in this portion of the County and will form an alternate route to and from area neighborhoods to goods and services within this project and beyond." Z21-08 Staff Report PB 7.8.2021 Page 8 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 8 3. Mixed -Use Development ■ "The proposed development will have a mixture of residential and commercial uses and product types all integrating well thought out design for a variety of residents both in our existing communities and travelers passing through on the future connected bypass network. The mixture of uses will be fully determined as the market drives demand, but the product types identify the myriad of uses possible in the community. However, there could be vertically integrated mixed - use buildings planned as well. These buildings, if constructed as envisioned at this time, will likely be a significant part of the streetscape along Murrayville Road Extension. It is these buildings that will drive the design of the community focusing on streetscapes. Those streetscapes assign identity to a project, create spaces in which we can all partake, and create opportunities to link a variety of goods and services to both existing and newly created community. Mixed - use projects like this one will create parks and recreation opportunities in integrated paths, plazas, courtyards, amenities, and open spaces. These developments also offer a variety of housing types to support a range of incomes and lifestyles as well as supporting an existing, well -established, and thriving single-family community in the nearby neighborhood." 4. Architectural Design ■ "The roadway connection is not only focused on vehicles. While the roadway connection will create significant positive impacts to the County as a whole, the road design will also include sidewalks1paths integrated into the overall proposed PD development which enhances pedestrian and bicycle use. This could be a public1private partnership to create a multi -use path (MUP). The sidewalks and paths are intended to be integrated into the plazas and landscaped streetscape along Murrayville Road to create a welcoming streetscape. The applicant intends to introduce safe corridors for the pedestrians to access and interact with the proposed retaillofficelrestaurant pocket parks, courtyards, and outdoor dining areas. This multi -faceted roadway design will set the tone for the entire development and create a walkable community accessible by sidewalks among and landscaped corridors." ■ "Beyond the connectivity, the mixed -use project will be cohesively designed, meaning the master planned community can create common design themes tying the community together and smoothly transitioning more intensive commercial uses to smaller scale retail, restaurant, and mixed -use buildings to multi -family to townhomes before abutting the existing undeveloped and single-family neighborhoods in the area." 5. Transportation Facilities ■ "The project is planning both improved design in the architectural and landscape architectural design as well as an improved traffic design for the area. The developers of this project have worked with New Hanover County planning staff and NCDOT to develop a plan to extend an existing dead-end road, Murrayville Road, to the Military Cutoff Extension (MCE) which is currently under construction. All parties recognized the potential for a commercial node at a new prominent traffic corridor, the MCE. The developer's plans include extension of the Murrayville Road Extension running through the project as a public right of way to be dedicated to NCDOT. This connection provides a much -needed alternative route for a large number of residents in Z21-08 Staff Report PB 7.8.2021 Page 9 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 9 northern New Hanover County. Currently, northern New Hanover County relies heavily on connections to Market Street to get out of their neighborhoods and out to shopping, dining, and entertainment. By converting a dead-end road into an extended road accessing the primary traffic corridor to alleviate traffic on Market Street, especially in the northern part of the county." 6. Other Community Benefits ■ "The northern part of New Hanover County is primarily large tracts of vacant land, many tracts without paved roads or adequate access to property and major road networks. One reason for this portion of the county being undeveloped or at the edge of development is the lack of available sewer to support commercial and denser residential development. This project is actively seeking solutions in linking sewer to this development, a potential major commercial and mixed -use hub in New Hanover County. The community benefits are that sewer could be available to a new section of New Hanover County opening up an area for expanded tax base." ■ "Improved road connectivity within New Hanover County and nearby counties will be constructed without drastic impacts on existing road infrastructure. Goods and services, dining and entertainment will be offered to a large section of existing homes in northern New Hanover County, all with infrastructure built by and because of this project. While this is new development, it is smart development in all the ways our County's future land use plan targets as goals and planning guidelines. This project offers so many benefits to the neighboring community by virtue of location and commitment to finding the right infrastructure improvements to better our County as a whole." Terms and Conditions • In accordance with the standards of the Unified Development Ordinance (UDO), a Planned Development (PD) District includes a Terms and Conditions document that details any conditions of approval or proposed modifications to development standards. The following notable proposed conditions of the proposal are listed below. The full Terms and Conditions document is included in the application and will be incorporated with the master plan if the rezoning is approved. 1. The use, density of use, and maximum building heights for the areas depicted in detail as on the development plans represent the proposed Planned Development (PD) Zoning district. The detail of the proposed zoning district requirements is represented on the Master Planned Development (MPD) master plan, but this terms and conditions document generally refers to the broad category of use as Commercial, Retail, Restaurant, Office, Mixed -Use, Multi -Family, and/or townhomes. The uses, and other regulations and conditions approved with this terms and conditions document and the MPD may be amended or modified in accordance with County requirements as necessary. 2. Approval of this rezoning does not constitute technical approval of the site plan. Issuance of all required permits must occur prior to construction commencing. 3. Proposed maximum density of residential units on this MDP PD is 473 total units, or 7.54 du/ac. 4. Sidewalks will be provided in ways that promote pedestrian safety and access through the site. Z21-08 Staff Report PB 7.8.2021 Page 10 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 10 ■ One component of the proposed plan includes coordinating with NCDOT to develop an extension of the multi -use path (MUP) along the Military Cutoff Extension corridor which is currently projected to end adjacent to the project boundary. ■ The potential extension of the MUP is estimated at least 8' wide along one side of the proposed Murrayville Road extension. Murrayville Road extension is identified as the portion of road connecting to the end of the existing Murrayville Road and continuing to the intersection with the Military Cutoff Extension roadway ■ The developer would coordinate with NCDOT and New Hanover County to identify a safe crossing across Military Cutoff Extension from the MUP to the developer's proposed Murrayville Road MUP. 5. Vehicular access from the master planned development site through to Murrayville Road Extension is open to the public with no gated access. b. The developer reserves the right to construct a gated access to the multi -family site to be accessed by residents of the MPD and by emergency vehicles. 7. Existing vegetation will be augmented as required to meet opacity standards within the project's twenty -foot (20) buffer (depicted on the MPD master plan). The buffer is subject to the applicant's right to install required utilities and infrastructure and make any changes required by this zoning. To the extent necessary to satisfy County standards, additional vegetation, as well as fencing, will be added to the buffer area sufficient to establish required opacity in areas adjacent to residential uses. 8. The street yard along Murrayville Road is intended to create a streetscape integrating the street yard landscape with the MUP as well as the plazas, courtyards, outdoor dining facilities, and entrances to proposed businesses. Buildings are encouraged to be close to the right of way or provide outdoor seating, dining, courtyards, fountains, or other amenities. As such, the project proposes a creative standard for the Murrayville Extension streetscape. *Full standards are located within the Terms & Conditions Document* 9. The Residential, Mixed Use and Commercial areas of the MDP shall be limited to the uses listed in the Terms and Conditions document (described on page 5 above). Z21-08 Staff Report PB 7.8.2021 Page 11 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 11 ZONING CONSIDERATIONS • The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. Since that time, water and sewer services have become available to the surrounding area; however, it is still mostly zoned for low density housing. • Under the County's performance residential standards, the site would be permitted up to 157 dwelling units at a density of 2.5 du/ac. The proposed 473 units equates to an overall density of 7.54 du/ac. • The subject property is adjacent to other portions of the Hanover Reserve development. From 2014 to 2021, separate phases of The Sanctuary at Hanover Reserve were platted with a total of 172 units at a density of 2.5 units per acre, located south of the proposed master plan. In January 2020, the Board of Commissioners approved a rezoning of 6.58 acres located directly southwest of the proposed master plan from R-15 to R-5 to develop 41 townhomes at a density of 6.2 units per acre. It was anticipated that the townhomes would assist in providing a transition in density from the single-family detached development nearby to a future node at the subject site with a future extension of Murrayville Road. • By adding mixed -use zoning to the subject site, commercial services would be located within this larger residential area and access would be provided directly from the Murrayville Road Extension and Military Cutoff Extension. This proposal would provide commercial services closer to the surrounding residential housing, reducing travel time to these services and alleviating congestion along the internal local street network. Z21-08 Staff Report PB 7.8.2021 Page 12 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 12 • The proposed master plan provides flexibility in the uses permitted in the planning areas, but a mixture of uses that includes non-residential components would be expected in these areas due to the anticipated costs of infrastructure required to be put in place to support the development including transportation and utility extensions. • Residents in the immediate vicinity of the subject site and within the larger residential area in this portion of the county are closest to goods and services at the commercial node located at the intersection of Murrayville Road and N College Road, the eastern segment of Gordon Road, and along the Market Street corridor. Primary Commercial ,firers in the Project Vicinity A 20' minimum vegetated buffer is provided along the perimeter of the project adjacent to property zoned or developed as R-1 5 and R-5, Residential Districts. Z21-08 Staff Report PB 7.8.2021 Page 13 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 13 AREA SUBDIVISIONS UNDER DEVELOPMENT TRANSPORTATION • The site will be accessed primarily by the planned extension of Murrayville Road, which is an existing NCDOT maintained Minor Collector street, as well the Military Cutoff Extension upon completion, which is currently classified as an NCDOT Principal Arterial street. • Additional vehicular access points are proposed along the Murrayville Road extension to provide internal connectivity within the development. These connections and any other required external connections to adjacent properties will be required to be shown on preliminary plats at the time of specific site plan approvals through the Technical Review Committee. • The intersection of Murrayville Road and Military Cutoff Extension is planned as a signalized right-in/right-out configuration. This intersection will also be configured with a left -over to Murrayville Road from the northbound lanes of Military Cutoff Extension. Z21-08 Staff Report PB 7.8.2021 Page 14 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 14 SYMBOL LEGEND VEDES Md RECESS . H PECESS ACCESS POINTI CIRCULAnON MUlnA15E PAIN 000 PER NCDOT DESIGN MURRAWILLE STREETSCSCME POTENTIAL ACCESS NODE MURRSO. •` STRENSIGN TREETSCME LANDSCAPE SUEFEcR OR -PEA � PT PARCEL F CONTENUES AROUND SERVICE ROAD CURVE — BUFFER BETWEEN EXISTI NG RESIDENTIAL & PROPOSED RUM STREETY Right In/Right Out Access to Left -Over to Service Road Murrayville F-VS Road .f Right In/Right Out Access VpLP11T _ .:. �¢ S K RESIDENTIAL aR COMM/ERICa. O.roAC tee` G J1o{� �* RESIAL .,seeA GtzuNTTs MAtc USE i COUM M ANY P MITRESDENTA USES IN A PD N'NEA 10R SENICR LIVING• CONTNUING CASE COMMUNITY f ,r.^RES.,DENII-OR COMMERICAL61 OR �j i.S9 AC f' aD� ;`{ CGMMERCIALI kJ ' MaEo usEr aye MULhFAMI:Y 4 ANG.'OR SENFOS \..+ ••r LIVi!!G. \ Y CCMINUING CARE W' MMUNTT �147 AC MRATARY CUTOFF EXTENSION SERVICE ROAD; DESIGNED &' CONSTRUCTED BY NCOOT — EXISTING NCMT PLANS FOR MILfTARY CUTOFF EXTENSION PROPOSEA NIGHT ENIRIGHF OUT AT SERVICE ROAD INTERSECTION 'MR 5 ypIANG: R.56 —R W USE, NW . CD LArD usE Mkc?'�l A,�EA, PONC 2pfT11G: R-1S 'LAM] U :E: VACANT •, C(AMERIAI "MXMU MUT-FA KULY RESIDE ___ ____ 3a.31 VV U-Turn to Northbound Military Cutoff 0 RESIDENTIAL TOYYNHOMES j e.sa Ac En uNrrs IdA}L 2Cf•NNG. CA Pr1- LMD U FlN•LING R-1S LFNIUSE VAOVNT ��•`•�\ ACCESSTOROAEN REAR.ACUPMCR vAUwr l Notable Roadway Improvements and Access Points 2OMNO: R£. LAND UM REDI TOMlHDMESMES EXISTING NCDGT PLANS PROPOSE ALEFT -OVER FROM MURRAYVtLLE RD. Murrayville Road Extension • A proposed service road to the east of the Military Cutoff Extension corridor will provide access to Plantation Road in addition to the parcels on the eastern side of Military Cutoff Extension. • A gated emergency access point is proposed to the Sanctuary at Hanover Reserve via an existing stub street to Golden Grove Road. In addition, internal access is proposed to the Hanover Reserve townhomes. • Pedestrian connections will be provided at various points within the development as shown on the master plan to promote a walkable land use pattern. Z21-08 Staff Report PB 7.8.2021 Page 15 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 15 • As currently zoned, it is estimated the site would generate about 116 trips during the AM peak hours and 157 trips during the PM peak hours if developed at the permitted density. • A Traffic Impact Analysis (TIA) was conducted for the project and included estimated trip generation occurring in the three separate planning areas; these sections are north of the Murrayville Road Extension, south of the Murrayville Road Extension, and east of Military Cutoff Extension. The TIA estimates a total trip generation of 1,581 AM and 1,971 PM peak hour trips, not adjusted to account for pass -by trips and internal capture. The adjusted total trip generation is estimated at 1,096 AM and 1,191 PM peak hour trips. Z21-08 Staff Report PB 7.8.2021 Page 16 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 16 • Breakdown of trip generation within the three separate sections for the proposal are summarized in the following tables: Estimated Trip Generation North of Murrayville Road Extension Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 82 single-family homes 63 AM / 84 PM under Current Zoning: Proposed PD Development: Mixed -Use 602 AM / 722 PM** ** Estimated Trip Generation adjusted for pass -by trips and internal capture Estimated Trip Generation South of Murrayville Road Extension Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 40 single-family homes 33 AM / 42 PM under Current Zoning: Proposed PD Development: Mixed -Use 295 AM / 302 PM** ** Estimated Primary Trip Generation adjusted for pass -by trips and internal capture Estimated Trip Generation East of Military Cutoff Extension Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 31 single-family homes 27 AM / 33 PM under Current Zoning: Proposed PD Development: Mixed -Use 199 AM / 167 PM** ** Estimated Trip Generation adjusted for pass -by trips and internal capture Z21-08 Staff Report PB 7.8.2021 Page 17 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 17 Traffic Impact Analysis • The TIA conducted for the project has been approved by NCDOT and the WMPO. Overall, the TIA analyzed the development of: • 85 townhomes • 288 apartment units • 100 hotel rooms • 26,000 square feet of general office • 36,400 square feet of medical - dental office • 106,922 square feet of shopping center • 17,540 square feet of high -turnover (sit-down) restaurant • 5,610 square feet of super convenience gas station • 102,700 square feet of mini warehouse • While the final constructed master plan may not ultimately align exactly with what was analyzed by the TIA, the proposal is intended to provide additional flexibility in housing location and building type and would not result in changes that exceed the scale and trip budget of what was studied, according to the applicant. • The TIA analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area, summarized below: • N College Road at Bavarian Drive/Murrayville Road (1 ) • Market Street at Torchwood Boulevard/Bayshore Drive (2) • Gordon Road at White Road (3) • Military Cutoff Extension at Lendire Road (4) • Military Cutoff Extension at Brittany Lakes Drive (5) • Military Cutoff Extension at Torchwood Boulevard Westbound (6) • Military Cutoff Extension at Torchwood Boulevard Eastbound (7) • Military Cutoff Extension at Northbound Torchwood Boulevard U-turn (8) • Military Cutoff Extension at Southbound Murrayville Road Extension U-turn (9) • Military Cutoff Extension at Murrayville Road Extension (10) • Murrayville Road Extension at proposed roundabout (1 1 ) • Military Cutoff Extension at Plantation/Service Road (12) Z21-08 Staff Report PB 7.8.2021 Page 18 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 18 "-wig - ■i ■ ResidentialMEMO i gar ran�G' a ■'�J ■■�■��1 IM liNEES■■■■■may '' . n - `; :�•\� , III ■ 1,11\ 1; 45b , _ -f 1�'�EM-IIIIIIIIIIIIIIII � � s\' �ay� sM S:'i 4. i�r,r� ��ICIi►'� s " ��. 1• � :�e��"��1i • 4•: 'n =� � I r'Yibryrry'` s. '• sd' , J' �1\� 13r h �'Y' 1•�.>ra {Y. .4jr.. a• ty{llIft,t ..�`q T �ilr ri,�i1 T 4rrk/r •len • �1 r i - IY � ♦ a ��y •fir tlLT a.. A � �1n P F {YI pia/ , � �f II! f\�Ilf `h•� 4 �`2rI1 n�r� ••Y�Irl IIfI 011r ►� i -'!l \N{ T ♦ p N�I' �v2�' �Iinll lil r� . 4 i rl n 1 c•. r Mom,/1 I `Vi' N h �. h +�N • /.y •` • Wil Yi ..i i Y`�N y , h ��is •(�iirR•,.♦` '` if t`` Y�� s _ s ,• g - � i T� '\�I r - +J�o'i�.w pia � � �♦lHl i � f + 7" YC ifq �. _� �I+r.',rc i 7.�r 9? r Y - ^.s t'' rrw . ' .� .. ndid � rr "� �, r •.//� n icsTii. yy ' , �S h�1 F ~ �� f r��r N�WI� '• T 9'r. \. Ik/r N�.��1♦, s 11++ �1�j4 _ d .+^ A r e � (�'S 4`O Q*4 L.*'♦ s.. s ♦ rr♦♦a0' hSr'. qh _rlu� �.. °' i r��,�j/'R ♦ �� .r 3 -'y'�7j(�Y�f.� { T A ♦4 Yr .fit l ► r • - �d�r`�*♦�±�� ao ;� of OY `fii �i\ d"D'Y � S �"' • , + � �1 ��1��.�,��y�ryn�� I�i1 Ti1� Location of Intersections Analyzed in TIr • After review by NCDOT and WMPO staff, an approval letter for the TIA was issued which requires roadway improvements at multiple intersections in the vicinity of the project at full build out if the project is developed at the scale for which it was scoped. Notable improvements from this approval letter that affect the proposed site plan include the following, with the intersection capacity analyses conducted shown in the respective tables (improvements referenced in the tables are those identified in the Traffic Impact Analysis): • Military Cutoff Extension at Murrayville Road Extension ■ Connect Murrayville Road Extension +/- 450 feet south of the northern northbound U-Turn location on Military Cutoff Road, as close to the southern property line as possible. ■ The applicant is currently in discussion with NCDOT and WMPO staff regarding the request to connect Murrayville Road to Military Cutoff Extension further south than shown on the proposed site plan. A potential re- configuration of the dual eastbound right turn lanes is in discussion, which would slightly alter the configuration at this intersection but still be within the spirit and intent of the proposed master plan. Z21-08 Staff Report PB 7.8.2021 Page 19 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 19 ■ If the road is shifted further south per current approval requirements, it would be eligible to be authorized as a minor deviation to the site plan that can be approved administratively, provided there are no changes to permitted uses or density, or that there are no resultant changes to the site plan that would have a material effect on the character of the approved development. ■ Provide a southbound right turn lane. Begin right turn lane at the northern northbound to southbound U-Turn bulb. ■ Provide dual eastbound right turn lanes on Murrayville Road Extension: one with full storage and one with 400 feet of storage. ■ Provide signalization. Military Cutoff Extension at Murrayville ... Extension Scenario Overall Delay in Seconds 2030 Future without Project N/A N/A 2030 Future with Project & C 28 Improvements 2030 Future without Project N/A N/A 2030 Future with Project & C 31 Improvements Z21-08 Staff Report PB 7.8.2021 Page 20 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 20 • Murrayville Road Extension at Roundabout Access ■ Install single lane roundabout ■ Provide 500 feet of internal protected stem on northern site access drive. ■ Provide 100 feet of internal protected stem on southern site access drive. it rZ0MNAG_ R-1: ^ LAN13 USE HOA CG CU�0kk f 'i AREA' M`\`ttlCy �sxoa e ZOtd*G: F1-15 °+ E*� LAND Lam: VAiANF PV CCkWEReL4L1 WED USE f RESIDENTIAL 0.41 AC * Proposed I •**' `°, * Murrayville '' F +:f„ •+ °** • Extension r= °'r• ♦ �i-OWNHO MES 'f}' • x., r * 'ig-- Ba LM+CfrD 0.45Y ' r kCUIMFAMLY • r 1 FEMENLISL •*r * ; 1 rr*� CONTINiilRi{a GAFF11A.Y.7 AC *� �• 4 +� !° Install s g ��,•! " qp*.* 3 USE Roundabout with HCWEc "• Protected Stems •,YJ at Internal Access Points - -17 i15 _ 2XhNh16:F1-15 NORTH P LARD USE LAND USE VAC A.W VACANT Murrayville Road Extensionat Roundabout Scenario Overall Delay in Seconds 2030 Future without Project N/A N/A 2030 Future with Project & B 1 1 Improvements 2030 Future without Project N/A N/A 2030 Future with Project & C 17 Improvements Z21-08 Staff Report PB 7.8.2021 Page 21 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 21 • Military Cutoff Extension at Plantation Road (Service Road) ■ Provide a northbound right turn lane. Begin right turn lane at the southbound to northbound U-Turn bulb. ■ Provide dual eastbound right turn lanes on Plantation Road: one with full storage and one with 400 feet of storage. ■ Provide signalization. r,: FO - , Ifit.. T = CS ±-7-3# AC M`X`ta< 6�S�Or RESIDE OR CEERICA.L mow' kL �P50 ZdDMN . R-15 _A]%D USE HOA OQMU,R3N Provide Signalization, r _ Install Northbound }, Right Turn Lane, InstallPi 0 Dual Eastbound Right #• w CUMERGLALI Turn Lanes f' MULTWAKULY FdESIDENTLAL +• 0.61 AC ----- _ ,•* r 4 •* RESIDENTIAL T .'� f • TOWNHOMEF, �i ter- • * • + IJ ORTH * rt• �i' •#4 DDFAMUMMY s Military•ff Extensionat Plantation/Service Road Scenario Overall Delay in Seconds AM PEAK 2030 Future without Project N/A N/A 2030 Future with Project & A 4 Improvements N/A PM PEAK 2030 Future without Project N/A 2030 Future with Project & A 5 Improvements Z21-08 Staff Report PB 7.8.2021 Page 22 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 22 • Notable roadway improvements at nearby intersections were also outlined in the TIA approval letter and are summarized along with the remaining intersection capacity analyses, in the following table (improvements referenced in the table are those identified in the Traffic Impact Analysis): ■ N. College Road at Murrayville Road/Bavarian Lane • Maximize existing storage for the southbound left turn lane. ■ Northbound U-turn on Military Cutoff Extension (North of Murrayville Road Extension • Provide dual northbound U-Turn lanes with maximum available storage. • Provide signalization. ■ Southbound U-turn on Military Cutoff Extension (South of Service/Plantation Road) • Provide dual southbound U-Turn lanes: one with 500 feet of storage and one with 200 feet of storage. • Provide signalization • Military Cutoff Extension at Torchwood Boulevard • Provide dual westbound right turn lanes: one with full storage and one with 250 feet of storage. Z21-08 Staff Report PB 7.8.2021 Page 23 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 23 Intersection Scenario AM Overall PEAK Delay in PM PEAK Overall Delay LOS Seconds LOS in Seconds 2020 Existing D 48 D 51 2030 Future without Project D 55 D 51 2030 Future with Project & E 60 E 64 Improvements 2020 Existing C 35 C 35 2030 Future without Project F 98 F 101 2030 Future with Project & F ill F 137 Improvements 2020 Existing C 25 C 24 2030 Future without Project D 36 D 39 2030 Future with Project & D 42 D 50 Improvements 2030 Future without Project C 20 C 20 2030 Future with Project & C 21 C 21 Improvements 2030 Future without Project B 15 B 11 2030 Future with Project & B 15 B 10 Improvements 2030 Future without Project B 15 C 21 2030 Future with Project & D 36 D 39 Improvements 2030 Future without Project B 15 B 15 2030 Future with Project & B 15 B 14 Improvements 2030 Future without Project A 9 B 1 2 2030 Future with Project & A 9 B 13 Improvements 2030 Future without Project N/A 9 N/A 12 2030 Future with Project & B 18 B 17 Improvements Z21-08 Staff Report PB 7.8.2021 Page 24 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 24 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft STIP Project U-47S1 Z21-08 Cameron Trace TIA Approved -, 1 Mile Radius -. -'a gill, j MS . u�n...�►�w apt IJ �+�+ice; �� ♦' IdwIl t !+f'o A W,, 1 ►. �.� : i1 '•om` I'�li�i"�i►j'•; *'� �,-rrrp►► sue• ��/! �►i�jY/� \1 �� awg's�'��s� s'+}• � �Ii�`-�'/1111%��i�+�/J��/% i �wai�eaorvrz-w�rs�:m�r.a-�a�rsax.zev�s_�_. rrssZ►� Lii.J.`r.'si�sa�s..,ssn�s,si�,��: � Nearby NC STIP Projects: • STIP Project U-4751 (Military Cutoff Extension o Project to extend Military Cutoff from Market Street to 1-140. o The project is currently under construction and is expected to be completed in early- 2023. o The extension of Military Cutoff will utilize a super -street design and bisect the subject site. Lendire Road/Brittany Lakes Drive, Torchwood Boulevard, and Putnam Drive/Bradfield Court will connect to the Military Cutoff extension, allowing access to neighborhoods west of the site. o The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project, including the eastern side of the subject site as shown on the proposed master plan. Z21-08 Staff Report PB 7.8.2021 Page 25 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 25 STIP Project U-4902D (Market Street Median) o Project to install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10-foot multi -use path on the eastern side of the street, and a 5-foot sidewalk on the western side of the street. o The project is currently under construction and is expected to be completed by early- 2023. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development I Land Use/Intensity I TIA Status • Phase 1: 35 single-family 1. Cameron Trace dwellings • Approved May 8, 2017 • Phase 2: 85 single-family • 2017 Build Out Year dwellings The TIA required improvements must be completed during Phase 2 of the development. The notable improvements consisted of: • Providing an eastbound left turn lane at the intersection of Murrayville Road and Covey Lane Nearby Proposed Developments included within the TIA: • N/A Development Status: Development and required improvement is complete. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. The property is within the Smith Creek watershed, with a small area on the northern extent of the site within the Island 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 for septic suitability). However, the site is expected to be served by CFPUA when developed. Z21-08 Staff Report PB 7.8.2021 Page 26 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 26 OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Murrayville Elementary, Trask Middle, and Laney High Schools. Students may apply to attend public magnet, year- round elementary, or specialty high schools. • A maximum of 157 dwelling units would be permitted under the current R-15 zoning base density, and a maximum of 473 units could be developed under the proposed rezoning, resulting in an increase of 316 dwelling units. • Based on the current general student generation rate*, the increase in homes would result in approximately 69 additional students than would be generated under current zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under 157 residential units Approximate** Total: 35 Current R-15 Zoning (14 elementary, 8 middle, 13 high) Proposed Planned 473 residential units Approximate** Total: 104 Development (PD) Zoning (43 elementary, 24 middle, 38 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021 -2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 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 would likely not reach full built -out until approximately 10 years away, as reflected in the anticipated 2030 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. Z21-08 Staff Report PB 7.8.2021 Page 27 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 27 School Enrollment* and Capacity** (2021-2022 School Year) Total Projected Capacity of Capacity of Funded or Level NHC School Enrollment of Assigned Assigned Planned Capacity Assignment School School Capacity School w/Portables Upgrades Elementary 95% Murrayville 559 663 84% None Middle 108% Trask 719 662 109% None High 100% Laney 2125 2013 106% None *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021 -2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021 -2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The recent facility needs survey that has been 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. Z21-08 Staff Report PB 7.8.2021 Page 28 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 28 NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 201 8-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed PD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. The proposed project would also allow for the development of new retail and commercial businesses, increasing the number of residents within one mile of goods and services. • The subject property is located in the Murrayville community area, where 64% of residents currently live within one mile of a convenience need (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor's office, child & adult care, etc.), and a community facility (public park, school, museum etc.). • The predominant housing type in the area is single family detached at 71 %. If developed under the current R-15 zoning district, single family housing would remain the dominant housing type and the number of residences within one -mile of goods and services of would only increase from 64% to 66%. • Under the proposed PD district, the site would allow for a mixture of housing types including single family detached, single family attached (townhomes), and multi -family (apartments). The project could increase housing type diversity by reducing the percentage of single family detached and increasing the percentage of single family attached and multi -family residences. • The proposed PD district would allow for the development of convenience needs, support services, and/or community facilities. The addition of just a convenience need on the proposed site would increase the number of existing residences within one mile from 63% to 86%. When including the number of residential units proposed, that percentage increases to 88%. The addition of a support service would increase the number of existing residences within one mile from 83% to 1 00%. The addition of a community facility would increase the number of existing residences within one mile from 83% to 100%. • If at least one convenience need, support service and community facility were located at the proposed site, the percentage of residents within one mile of all three would increase (64% to 87%). When including the number of residential units proposed, that percentage increases to 89%. Z21-08 Staff Report PB 7.8.2021 Page 29 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 29 REPRESENTATIVE DEVELOPMENTS Representative Developments of R-15: Grayson Park Clay Crossing Z21-08 Staff Report PB 7.8.2021 Plantation Landing Page 30 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 30 i �.% . •.. yi4z • - �'� The General Stare - Z '4 amp eisRl'ver,Biuf(S = _r y 11 C 'I •. v s.. � v New Prnvldence f1s: ri� r Apartment Homes, a[ m 'e 0;a'ref S,k1r Inc sail/�4, % �I '� ✓ - Food Lion_, NOrth Chase rt 'iRehali3Eitation and... �' 'i • ti 1 MerrdianViliage • * 1:D I I h la Middle School- �+ EmsleyA Laney Context and Compatibility • While the area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture of commercial uses and residential densities ranging from 8 to 15 dwelling units per acre. • The subject property is between the terminus of Murrayville Road and Military Cutoff Extension. The extension of Murrayville Road to Military Cutoff Extension is included in the WMPO 2045 Metropolitan Transportation Plan (MTP) and is anticipated to be utilized as a significant east/west collector road that will connect Castle Hayne Road to Military Cutoff, allowing access to the Murrayville, Northchase, and the Laney High School areas. In addition, it is anticipated that the Murrayville Road Extension and completion of the Military Cutoff Extension may aid in alleviating traffic along Market Street, Gordon Road and other local roadways as motorists have additional routes to reach their destination in the northern portion of the County. • The extension of Murrayville Road and completion of Military Cutoff Extension is also anticipated to facilitate access to sites east of Military Cutoff Extension which currently have limited access. In addition, the extension of Murrayville Road further east toward Market Street is recommended in the 2045 MTP, which also includes improvements and an extension of Plantation Road eastward to Market Street in the Porters Neck area. • The proposed master plan establishes a new mixed -use node centered around the intersection of Murrayville Road Extension and Military Cutoff Extension. This would make commercial services available to nearby residents without having to travel to existing services along Market Street, N College Road, and further south on Military Cutoff. • The proposed master plan would also provide a range of housing options in this area of the county which is predominantly single-family detached residential. Z21-08 Staff Report PB 7.8.2021 Page 32 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 32 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. 4�11011 !III IN m 11 {Wii 1 -_. Ii1111 . 'III Y1111� i .III I Ifs fl II I J .■ ' 1 11111 ; ii.ia..,�l/y►i `�'' ■ . .■. .✓.—i�►fr 16 IIIr UIHrap • !, !�1 s �.I S. Y11= fir �= 1 41.1 � v Im: Ire nnH11Y y� /• , IIH 11�� • ► :.'` . � � ", . +�►•� 'III 1 '. �.. 1I ` lr r{ ♦ !/.. Ill{ tilts _ � d ri JI 1'®E ..�♦ : � 1:: �{11Ali ..". 1i. J. s:- .: � :...: . ya��► �i Future Land Use Map Place Type Community Mixed Use Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. Z21-08 Staff Report PB 7.8.2021 Page 33 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 33 The subject property is located in the northeastern portion of the county in an area that is has historically been developed as single-family residential, but without centrally located commercial or neighborhood services. Residents in this general area typically navigate the internal local street network to the Market Street, Gordon Road, N College Road, or Military Cutoff Road corridors for access to goods and services. The Comprehensive Plan classifies the property as Community Mixed Use, which is intended to promote the development of commercial services and moderate to high density residential development (between approximately 8 to 15 units per acre). The design of the proposed planned development Analysis provides the type of land use intended by the plan, with a mixed -use node located at a strategic intersection and with the overall residential density of the project being in line with the recommendation for this place type. In addition, the project supports the Comprehensive Plan's goal to provide for a range of housing types and opportunities for households of different sizes and income levels. By creating a mixed -use node with the extension of Murrayville Road to the planned Military Cutoff Extension, the project can provide more efficient access and reduced travel times to goods and services for residents in the northern portion of the county. In addition, the Cape Fear Moving Forward 2045 Metropolitan Transportation Plan shows a recommendation for the extension of Murrayville Road, and the proposed project will provide this improvement. The proposed PD rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the types and mixture Consistency of uses recommended in the Community Mixed Use place type, the Recommendation residential densities are in -line with those recommended within this place type, and the project will develop a new commercial node in close proximity to nearby residents. PLANNING BOARD ACTION The Planning Board considered this application at their July 8, 2021 meeting and recommended approval of the application (6-0), finding it to be: • CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended within this place type, and the project will develop a new commercial node in close proximity to nearby residents. • The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and commercial services to nearby residents and promote principals of walkable urbanism. The proposal also provides a transition from a mixed -use node to adjacent single-family residential neighborhoods, additional access points to properties east of Military Cutoff Extension, and extension of water and sewer services which will allow for integrated planning for future community services. Z21-08 Staff Report PB 7.8.2021 Page 34 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 34 STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a PD district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended within this place type, and the project will develop a new commercial node in close proximity to nearby residents. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and commercial services to nearby residents and promote principals of walkable urbanism. The proposal also provides a transition from a mixed -use node to adjacent single-family residential neighborhoods, additional access points to properties east of Military Cutoff Extension, and extension of water and sewer services which will allow for integrated planning for future community services. Alternative Motion for Denial I move to DENY the proposed rezoning to a PD district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended for the property, and the project will provide commercial services in close proximity to nearby residents, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z21-08 Staff Report PB 7.8.2021 Page 35 of 35 Board of Commissioners - August 2, 2021 ITEM: 12- 2 - 35 C'aca- Z21-08 1,000 Feet Site Address: 1300 block Crooked Pine Rd F: Existing Zoning/Use: R-15/ Undeveloped Subject Site Proposed Zoning/Use: PD/ Planned Development M MMMMM MMMMMM® ® Indicates Conditional Use District (CUD) ® Indicates Conditional Zoning District (CZD) COD See Section S.7 of the UDO ❑ Incorporated Areas` SHOD Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: Z21-08 1300 block R-15/ PD/ Crooked Pine Rd Undeveloped Planned Development N Plantation_Rd Community 1 ai Brittan Mixed Use S ----- Yt►'ointerlCt a. -- v °' Subject Site L U Conservation To General J P Residential Place Typ es L a, o \dengroveLn 'COMMERCE ZONE EMPLOYMENT CENTER Eastb°UCH GENERAL RESIDENTIAL URBAN MIXED USE ,o COMMUNITY MIXED USE 1,000 1= RURAL RESIDENTIAL Feet �. u� �r CONSERVATION Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: Z21-08 1300 block R-15/ PD/ Crooked Pine Rd Undeveloped Planned Development N ♦``_ 1 _140 _--_ Site R 11 69 • 3 1423 11 1308 120 17\ 8 7219/'7221 �72234722� 7409 7405'! 7319 404 7408 �.+ 1407416 �7400 1404�1400 1402 7354 1341 1321" �134� 131 �3w61 T 1320 ,150414 p� 1508+ 1516 1477 ❑ Neighboring Parcel 1,000 1 Feet Yi- �3�, 1385 1 380 1397 /111 1452 456 448 7292 �L728o i7z88�7,RA \ ,r,. lalwl��• �' O&1 fi APPLICANT MATERIALS Board of Commissioners - August 2, 2021 ITEM: 12- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 r Wilmington, North Carolina 28403 — im i Telephone (910) 798-7165 FAX (910) 798-7053 1. - jr planningdevelopment.nhegov.com" MASTER PLANNED DEVELOPMENT APPLICATION This application form must be completed as part of a master planned development 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 10.3.4 of the Unified Development Ordinance. Public Hearing Procedures 0 1 i-AM • -. nr -. a . ;i .c 1. Applicant and Property Owner Information Applicant/Agent Name _ Owner Name (if different from Applicant/Agent) TDR-HL, LLC SAME Company Company/Owner Name 2 TDR-HL, LLC Address PO BOX 381 " City, State, Zip WRIGHTSVILLE BEACH, NC 28480 Phone 910.791.6707 Address City, State, Zip Phone Email (planning consultant for applicant) Email a4nqebretson@r)aramounte-eng.com 2. Subject Property Information ~ Address/Location Parcel Identification Number(s) 1308 Crooked Pine Rd R02800-004-104-000 R02800-004-031-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification +l- 62.77 R-15 vacant Community Mixed Use Case Number: Z21- 045 Appitcant Tracking Information (This section completed by staff) Date/Time Received V% - �161-zo *v- b (tSj2t ll o$ Av YI) Page 1 of 6 MDP Rezoning Application — Updated 2-2020 Board of Commissioners - August 2, 2021 ITEM: 12- 7 - 1 3. Proposed Zoning, Use(s), & Narrative Proposed Zoning District: pD Total Acreaae of Proposed District: -- all portions not previously zoned R-5 Please provide a project narrative, describe the purpose of the master planned development, and list the uses that will be allowed (attach additional pages if necessary). see attached 4. Traffic Impact Please provide the estimated number of trips generated for the project's proposed maximum density and intensity based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: see attached f Tr Generation Use and Variable (gross floor area, dwelling units, etc.) see attached AM Peak Hour Trips: _ see attached PM Peak Hour Trips: see attached Page 2 of b MDP Rezoning Application — Updated 2-2020 Board of Commissioners - August 2, 2021 ITEM: 12- 7 - 2 5. Master Planned Development Considerations Please explain how the proposed development meets the following criteria (attach additional pages if necessary). 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. see attached 2. How would the requested development be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. I see attached 3. How does the proposed master planned development meet the required elements and intent of the proposed ! g I zoning district? see attached Page 3 of 6 MDP Rezoning Application — Updated 2-2020 Board of Commissioners - August 2, 2021 ITEM: 12- 7 - 3 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial Staff Initial ❑ This application form, completed and signed tv ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review ❑ Community meeting written summary ❑ Traffic impact analysis (if applicable) ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning ❑ A copy of the title to all land that is part of the proposed master planned development district to demonstrate unified control ❑ Master Development Plan (MDP) Master Plan including the elements listed on the attached checklist: ❑ Proposed MDP Terms & Conditions Document specifying • Conditions related to approval of the application for the master planned development zoning district classification; • References to the MDP Master Plan, including any density/intensity standards, dimensional standards, and development standards; • Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in the MDP Master Plan; • Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development; • Provisions related to environmental protection and monitoring; and • Any other provisions relevant and necessary to the development of the master planned development in accordance with applicable standards and regulations. ❑ One (1) hard copy of ALL documents AND 5 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. ❑ One (1) digital PDF copy of ALL documents AND plans Page 4 of 6 MDP Rezoning Application — Updated 2-2020 Board of Commissioners - August 2, 2021 ITEM: 12- 7 - 4 6. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Master Planned Development 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; and 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. Ta lI� •ram D �`.� Sig Lure of Property Owner(s) Print Name(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be caiendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 5 of 6 MDP Rezoning Application — Updated 2-2020 Board of Commissioners - August 2, 2021 ITEM: 12- 7 - 5 Master Planned Development (MPD) Master Plan Requirements Checklist Requirements for All MPD Districts (UMXZ, RFMU, EDZD, PD) Tract boundaries and total area, location of adjoining parcels and roads Proposed use of land, structures and other improvements, including general building types, density/intensity, pedestrian and vehicular circulation, and public facilities Proposed resource protection and open space areas Development schedule, including proposed phasing All existing and proposed easements, reservations, required setbacks, rights -of -way, and buffering The location of Special Flood Hazard Areas, if applicable Location, species, and size (DBH) of regulated tree Additional Requirements for EDZD Districts Map showing location of existing public water and sewer lines, roadway classification, existing or planned bicycle and pedestrian facilities, schools, parks, employers, and shopping districts within a 1/2 mile of the outermost project boundary Proposed location, size, and type of signage Inventory of existing environmental, cultural, historical, and natural site attributes Calculations of the requested density/intensity and documentation supporting the award of points for any density bonus Additional Requirements for PD Districts Existing topographic information with 2-foot contour intervals All watercourses, mean high water lines, and unique natural features Estimated square footage and acreage table for all commercial, industrial, and office and institutional areas All adjoining land uses and zoning districts School sites being reserved and recreational areas to be dedicate for public use, if applicable Calculations of the requested density/intensity and documentation supporting the award of points for any density bonus Page 6 of 6 MDP Rezoning Application — Updated 2-2020 Board of Commissioners - August 2, 2021 ITEM: 12- 7 - 6 Print Form NEW HANOVER COUNTY a PLANNING & LAND USE 2� AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhegov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of 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 Name Paramounte Engineering, Inc Company Paramounte Engineering, Inc Address 122 Cinema Dr City, State, Zip Wilmington, NC 28403 Phone 910.791.6707 Email aengebretson@paramounte-eng.com PropeOwners) Ortywner Name �TDR-HL, LLC Owner Name 2 Address PO Box 381 City, State, Zip Wrightsville Beach, NC 28480 Phone 910.791.6707 Email .com Case Number Reference: Date/'rime received: Z 2 t Oa ��-�� A -A- This document was willfully executed on the ��% day of Owner I'Ngnature lb--HQ-LC Owner 2 Signature Subject Property Address end of Murrayville Rd City, State, Zip Wilmington, NC 28411 Parcel ID R02800-004-104-000; R02800-004-031-000 Received by: 20 , ; 09/14 Board of Commissioners - August 2, 2021 ITEM: 12- 7 - 7 PARAMOUNTE F7 N G I N E E FZ I N G, I N C, Rev Date: 14 June 2021 Date 6 August 2020 Project Narrative: The proposed development is a total of +62.77 acres located in New Hanover County (NHC) near the intersection of Crooked Pine Road and Plantation Road at the end of Murrayville Road. The subject parcels are further defined as NHC parcel numbers: R02800-004-031-000 and R02800-004-104-000. The site is bisected by the new Military Cutoff Extension and associated service road which are both currently under construction. The result is 3 relatively small parcels of land along the service road comprising + 12.23 acres and the larger tract adjacent to Hanover Reserve and at the end of Murrayville Road, + 50.54 acres. The project is proposed as a Master Planned Development (PD) to be rezoned into PD. Military Cutoff Extension bisects the existing parcels, but the entire land holding is intended to be part of one master planned development. The applicant proposes a commercial core developed around the new Military Cutoff Extension (MCE). The existing dead-end Murrayville Road will be extended to the MCE's proposed left -over intersection. This intersection will be the commercial hub with the service road's right in/right out access being a secondary commercial hub. The existing site is zoned R-15 with residential uses and vacant land surrounding the site. The site is designated as community mixed -use and could be an important commercial node in Northern New Hanover County since the MCE now bisects the site. Using the flexibility of PD zoning to cohesively design the site, we propose encircling the proposed commercial core with a variety of residential units to create a well -orchestrated transition from the busier commercial center to medium -dense residential to lower density single family/existing neighborhoods. This PD MPD is a high level, master plan to identify acceptable land uses and basic anticipated vehicular and pedestrian networks. The plan identifies caps for density of all uses. Because this is a high-level master plan, we identify caps for density and square footage on the master plan. This plan, along with the terms and conditions document, acts as the guideline for a high -quality mixed -use community located on a new major transportation hub in the County. Like any project, this one requires working hand in hand with NCDOT, CFPUA, and NHC to develop the project infrastructure for a safe and viable development. Those conversations are underway and will continue through the site -specific planning process if this MPD is approved. This application's MPD and supporting document set the framework for a commercial hub offering goods, services, entertainment, and dining. Currently, this area of the County must rely on the busy Market Street or Gordon Road corridors to find similar services. The proposed project presents a new opportunity for a vehicular connection to a major highway, MCE, with a real potential to alleviate traffic congestion from the Murrayville/Ogden area. Furthermore, by offering a commercial hub at 2 2 C I N E M A D R I V E, WILIVII N G T❑ N, N C 2 8 4 D 3 F H ( 9 1 ❑) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑ Board of Commissioners - August 2, 2021 ITEM: 12- 8 - 1 Page 2 of 5 one of the only stops along MCE between Market Street and 1-140, this also has the potential to offer goods and services to an underserved area without creating undo traffic burden. The County's 2045 transportation plan identifies extension of Murrayville Road to make connection to the North/East of the County from existing neighborhoods, and this proposed development helps achieve part of that goal. The County's Future Land Use Plan also supports this type of development in this location. This property falls in the community mixed use place type which supports just the sort of mixed commercial and various residential products we propose. The extension of water and sewer to this part of the County further opens opportunities to for the future of Northern New Hanover County and expands tax base. The project's timing is aligned with NCDOT's construction of MCE which eliminates possible undue burden on existing roads and neighborhoods. With all the pieces and timelines aligning for a responsible, cohesive development, we believe this is the right development at the right time for this location. We appreciate your consideration of our proposed development. Supplemental Application Information — MPD — PD Master Planned Development Considerations: 1. How would the requested change be consistent with the County's policies for growth and development, described in the 2016 Comprehensive Plan, applicable small area plans, etc. The Comprehensive Plan identifies the land in the Community Mixed Use place type which promotes a variety of house products, goods and services, mixed use and other similar uses to those proposed with this project. Furthermore, one of our areas major long-range NCDOT traffic relief projects is underway and bisects the site creating near -perfect conditions for a commercial center with medium to high density mixed use/residential development. The Military Cutoff Extension, when complete, gives convenient, quick access to the Market/Military Cutoff intersection and beyond as well as Hampstead and beyond when complete bypass projects are in place. This is expected to alleviate a good deal of previously gnarled and congested network of neighborhood roads all dumping out on Market Street. Our proposed project's timing aligns well with the anticipated completion of the Military Cutoff Extension. Commercial and higher density portions of the project would not be online until after completion of the new highway's connection to Military Cutoff. 2. How would the requested development be consistent with the property's classification on the 2016 Comprehensive Plan's Further Land Use Map. See response above. 3. How does the proposed master planned development meet the required elements and intent of the proposed zoning district? The proposed MPD not only provides the connection of a major arterial road to a principal highway in Wilmington, it also develops a road and pedestrian network that flows easily Board of Commissioners - August 2, 2021 ITEM: 12- 8 - 2 Page 3 of 5 between the proposed commercial and residential developments. The intent of the development is to promote this live, work, play community, not only for the people moving into the project, but also for those nearby. Nearby multi -use paths and County parks make the location attractive to future residents. The developer is to extend the current dead - ended Murrayville Road to MCE creating a streetscape of integrated buildings, plazas and courtyards, paths and landscape to give identity to the development as well as offer a high - quality commercial and mixed -use development. These are all key to a successful PD zoning district and essential to make a viable new community. The applicant proposes an integrated and architecturally pleasing community providing easy access to shopping, dining, parks/open spaces, and all the offerings of the commercial and residential development. We believe this proposed development hits the heart of what a planned development community mixed use place type is supposed to be, and, after reviewing our proposal, we hope you feel the same way. Board of Commissioners - August 2, 2021 ITEM: 12- 8 - 3 Page 4 of 5 Hanover Reserve Mixed Use Community Meeting Summary: Due to COVID restrictions, Paramounte Engineering held a GoToMeeting virtual community meeting on July 30, 2020 at 5 PM. All participants were completed with questions by 5:45PM. The meeting was recorded and shared with anyone requesting a copy after the meeting. The presentation consisted of an earlier version of the master plan, aerial images, and an example of a previous graphic used for the Phase 4 Section 1 Hanover Reserve townhomes. This area is being enveloped in the Hanover Reserve Mixed Use PD but is still planned for the same number of townhomes as presented during a rezoning of the property from R-15 to R-5. After a project overview and orientation by Paramounte Engineering, the meeting was turned over to participants for questions and comments. • One person was concerned that traffic would cut through her neighborhood to enter the proposed project. We discussed ways the road network could be designed to prevent a direct cut through from her neighborhood, and those ideas will be considered in the design development of the project. • One person preferred single family homes to townhomes behind her home. • We did get a couple of comments concerned over traffic, but no one in direct opposition ( at least in the meeting). • We did receive a couple of emails leading up to the meeting expressing wishes that we would not develop anything. When invited to the community meeting to express concerns and engage in discussion about their thoughts, they did not appear to accept the invitation. None of those comments were voiced during the meeting. • There was a comment that getting to goods and services is not a problem now and there does not need to be a new commercial node here. • Others expressed interest in dining and shopping opportunities. • Most of the questions pertained to Military Cutoff Extension: • There was discussion about the impacts of Military Cutoff Extension and the new connection to that road. Questions were raised about what happens to Plantation Road with NCDOT's work, and those were answered to the best of our ability. • Additional questions concerning what roads will be paved and not after NCDOT is finished were discussed by the group. • One person owning land in the area, but not living here was very much in favor of the proposed project and supported the mixture of uses and commercial, walkable core we hope to create. • We had folks both in the meeting and after, through email, ask us to create something upscale, nice, and walkable. Board of Commissioners - August 2, 2021 ITEM: 12- 8 - 4 Page 5 of 5 • Most people that had in-depth questions were those finding out the plans because they own property nearby and want to know how this development will affect property values. We extended the offer for folks to continue to contact us through the process if they have questions or comments. We asked folks to help us be the kind of development they want to see in their neighborhood, and many folks have responded positively to this effort. While some folks like Murrayville just the way it is, others seem welcoming. We have received general support and good wishes from several neighbors. Community Coordination Update 6/1/21: Since the meeting in July, we have continued conversations with interested residents through email and phone calls. The developer has met with a few individuals as well. We have continued to receive community support and fielded general questions about the plans. There have been very few concerns raised, but traffic was discussed with a few citizens. Several folks told us they were worried about people cutting through their neighborhoods or causing a lot of extra trips on the existing Murrayville Road if the project was built prior to the opening of the MCE. We have taken time to work with NCDOT and our traffic consultants to fully identify the possibilities for the area. As a result, we believe we have a road network that will alleviate traffic congestion, avoid a lot of cut-throughs from outside, through existing neighborhoods and into the proposed development. By a combination of project timing aligning with MCE, project design, and coordination with the County and NCDOT, the developer addresses the majority of questions received to date from the neighboring community. Board of Commissioners - August 2, 2021 ITEM: 12- 8 - 5 Proposed Master Planned Development Terms & Conditions Hanover Reserve Mixed Use Date: 06/28/21 1. Conditions related to approval of the application for the master planned development zoning district classification: a) The use, density of use, and maximum building heights for the areas depicted in detail as on the development plans represent the proposed Planned Development (PD) Zoning district. The detail of the proposed zoning district requirements is represented on the Master Planned Development (MPD) master plan, but this terms and conditions document generally refers to the broad category of use as Commercial, Retail, Restaurant, Office, Mixed Use, Multi -Family, and/ or Townhomes. The uses, and other regulations and conditions approved with this terms and conditions document and the MPD may be amended or modified in accordance with County requirements as necessary. b) The use and development of the subject property shall comply with all applicable regulations and requirements imposed by the New Hanover County Unified Development Ordinance ("UDO"), and any other applicable federal, state, or local law. c) Approval of this rezoning does not constitute technical approval of the site plan. Issuance of all required permits must occur prior to construction commencing. 2. References to the MPD, including any density/intensity standards, dimensional standards, and development standards: a) Maximum density permitted in Planned Development (PD) District — 17 dwelling units maximum per acre (du/ac). Total site area is 62.77 acres, maximum number of dwelling units would be1067 units. b) Proposed maximum density of residential units on this MPD PD is 473 total dwelling units, or 7.54 du/ac. c) The project shall be developed in accordance with County, state, and federal building, and environmental regulations. d) Sidewalks will be provided in ways that promote pedestrian safety and access through the site. i. One component of the proposed plan includes coordinating with NCDOT to develop an extension of the multi -use path (MUP) along the Military Cutoff Extension corridor which is currently projected to end adjacent to the project boundary. Board of Commissioners - August 2, 2021 ITEM: 12- 9 - 1 ii. The potential extension of the MUP is estimated at least 8' wide along one side of the proposed Murrayville Road extension. Murrayville Road extension is identified as the portion of road connecting to the end of the existing Murrayville Road and continuing to the intersection with the Military Cutoff Extension roadway. iii. If the opportunity to work together arises, the developer would coordinate with NCDOT and New Hanover County to identify a safe crossing across Military Cutoff Extension from the MUP to the developer's proposed Murrayville Road MUP. 3. Conditions related to the approval of the MPD Master Plan, including any conditions related to the form and design of development shown in the MPD Master Plan: a) Vehicular access from the master planned development site through to Murrayville Road extension is open to the public with no gated access. b) The developer reserves the right to construct a gated access to the MDP Parcel B multi -family/ senior living site along internal project roads, to be accessed by residents of the MPD and by emergency vehicles. c) Access point on the project's land connecting to Sky Reach stub road near Golden Grove Ln will be constructed for emergency access only and method of access will be discussed with and approved by New Hanover County Fire/EMS during site plan approval for Parcel D. d) Existing vegetation will be augmented as required to meet opacity standards within the project's twenty -foot (20') buffer (depicted on the MPD Master Plan). The buffer is subject to the applicant's right to install required utilities and infrastructure and make any changes required by this zoning. To the extent necessary to satisfy County standards, additional vegetation, as well as fencing, will be added to the buffer area sufficient to establish required opacity in areas adjacent to residential uses. e) Military Cutoff Extension is built far higher than the subject property on either side of it. While some fill may occur, it is not anticipated that the subject property will be raised level with Military Cutoff Extension. As such, street yard area along Military Cutoff Extension shall be provided as follows: I. Provide 18 square feet of street yard area for every linear foot of street frontage along Military Cutoff Extension (minimum width of 9', max width of 2T). Measurement shall begin from: the edge of right of way, from toe of slopes steeper than 4'Y or from project side edge of utility easements. ii. Fencing or walls shall be allowed between Military Cutoff Extension and PD uses as specified here: multi -family, residential, senior care facilities, and storage areas. ill. Driveways shall not be included in the calculation of street frontage. iv. The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area. v. The applicant may choose to increase the required square footage per linear foot up to Board of Commissioners - August 2, 2021 ITEM: 12- 9 - 2 twenty-five percent (25%) to receive an equivalent reduction in the building's front yard setback. vi. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as it remains in compliance with the minimum and maximum widths outlined above. vii. For every six hundred (600) square feet of street yard area, the following landscaping shall be provided: viii. One canopy/shade tree a minimum of three inches (Y) caliper in size OR three (3) understory trees a minimum of six (6) feet in height at time of planting. If overhead power lines are located within the street yard area, planting requirements will follow the utility company's guidelines for planting under power lines; and ix. Six shrubs, 12" in height at time of planting. x. If there are existing trees of a minimum two inches caliper size in the proposed street yard, the Planning Director may grant credit toward meeting tree preservation requirements. xi. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. 0 Street yard area along Murrayville Road Extension shall be provided as follows: i. The street yard along Murrayville Road is intended to create a streetscape integrating the street yard landscape with the MUP as well as the plazas, courtyards, outdoor dining facilities, and entrances to proposed businesses. Buildings are encouraged to be close to the right of way or provide outdoor seating, dining, courtyards, fountains, or other amenities. As such, the project proposes a creative standard for the Murrayville Extension streetscape. That standard shall be defined as follows: ii. Provide street yard landscaping between Murrayville Road Extension and face of building. iii. Provided that the building face is not more than 60' from the right of way or that the building facing Murrayville Road Extension creates a landscaped outdoor space accessible by pedestrian from the MUP, any landscape, except turf grass, planted along the corridor can count toward the street yard landscape and must contain at least: • 1 canopy tree per sixty (60) linear feet of street yard; • 24 landscape plants 12" in height or greater, including shrubs and/or ornamental grasses, but excluding turf grass, per sixty (60) linear feet • Contain at least eighteen (18) square feet of street yard area for every linear foot of street frontage along Murrayville Road Extension • Plants may be grouped together or otherwise distributed provided that the frontage for each building accounts for that building's street yard within the associated parking and street facade • Parking island landscaping within 60' of the Murrayville Road Extension right of way may be counted toward street yard landscaping, but in no case can a fagade be void of landscape between the right of way and the building Board of Commissioners - August 2, 2021 ITEM: 12- 9 - 3 iv. If no pedestrian access is created from Murrayville Road Extension MUP to the face of the building, the landscape within 60' of the right of way defaults to the same streetscape standards as Military Cutoff Extension streetscape or must contain at least the following or: • 1 canopy tree per sixty (60) linear feet of street yard • 12 landscape plants, including shrubs and/or ornamental grasses but excluding turf grass, per sixty (60) linear feet • Contain at least eighteen (18) square feet of street yard area for every linear foot of street frontage along Murrayville Road Extension • Any portion of a parking island's landscaping within 60' of the Murrayville Road Extension right of way may be counted toward street yard landscaping • Plants may be grouped together or otherwise distributed provided that the frontage for each building accounts for that building's street yard within the associated parking and street facade v. Parking shall be allowed in area between building and Murrayville Road Extension provided that pedestrian access along the MUP is not impeded. vi. Driveways shall not be included in the calculation of street frontage; vii. The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities beyond the MUP shall be subtracted from the base street yard area required to get the total required street yard area; viii. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as no building fagade is void of landscape between the building face and right of way and as long as the landscape remains in compliance with the requirements outlined above. g) If there are existing trees of a minimum two inches caliper size in the proposed street yard, the Planning Director may grant credit toward meeting tree preservation requirements. h) Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. 4. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development: a) Transportation will be provided by access to public rights of way. A NCDOT approval of road design and driveway permit will be acquired prior to any access to Military Cutoff Extension or Murrayville Road Extension. b) Potable water and wastewater for the project will be provided by Cape Fear Public UtiIityAuthority ("CFPUA"). Developer has been and will continue to coordinate with CFPUA and potentially other property owners in the vicinity to address a solution for services to this project site. c) Stormwater will be managed on site in accordance with NCDEQ restrictions and regulations, will comply with all County and State regulations, and any permit issued for Board of Commissioners - August 2, 2021 ITEM: 12- 9 - 4 the site. The engineers who will coordinate and implement the stormwater management plan have not yet been selected. d) Stormwater easements will be 20' wide max. unless proven wider easements are a necessity. e) If allowable by utility providers, utilities may be placed in underground utility vaults or banks to enhance streetscape and minimize utility conflicts. Developer will coordinate with utility providers to determine requirements and regulations and gain authorization to construct. f) Infrastructure will be designed in accordance with the North Carolina building code, all other applicable government regulations, laws, and ordinances, and developed consistent with the approved MPD. 5. Provisions related to environmental protection and monitoring: a) Any 404 wetlands determined to exist on the site will be delineated and handled in accordance with all applicable government regulations, laws, and ordinances including Army Corp. of Engineers requirements. The property owner will comply with all applicable regulations, laws, and ordinances from local, state, and federal sources with jurisdiction over the site. 6. Any other provisions relevant and necessary to the development of the MPD in accordance with applicable standards and regulations: a) The Residential Use areas of the MPD may be used for any residential purpose permitted under the applicable zoning regulations except that the following Residential uses will not be permitted: i. Mobile Home; ii. Mobile Home, Doublewide; iii. Mobile Home Park; iv. Mobile Home Subdivision b) The Mixed -Use and Commercial areas of the MPD may be used for any Commercial purpose permitted under the applicable zoning regulations, except that the following uses will not be permitted: i. Animal Shelter; ii. Kennel; and iii. Vehicle Towing Service c) In addition to the Commercial uses permitted by applicable zoning regulations, subject to these terms and conditions, the following Office, Civic and Institutional, Educational Services, and Health Care Facilities uses shall be permitted in the Mixed -Use and Commercial areas of the MPD: i. Adult Day Care; ii. Child Care Center, Family Child Care Home, iv. Community Center; V. Contractor office/maintenance facility/storage/holding yard vi. Library; Board of Commissioners - August 2, 2021 ITEM: 12- 9 - 5 vii. Lodges, Fraternal, & Social Organizations; viii. Museum; ix. Post Office; X. Senior Living , Assisted Living, Continuing Care, or Retirement Community xi. Hospital, Medical, and Dental Office and Clinic; and xii. Nursing and Rehabilitation Center d) In addition to the Commercial and other uses listed previously, uses permitted by applicable zoning regulations, subject to these terms and conditions, the following Industrial and limited Manufacturing uses, or other uses not expressly outlined in the principal use table shall be permitted in the Mixed -Use and Commercial areas of the MPD: i. Broadcasting and Production Studio; ii. Research and Development Facility; ill. Artisan Manufacturing; iv. Beverage Manufacturing; V. Mini-storage/self-storage vi. Printing and Related Support Activities; vii. Office/Flex warehouse viii. Watercraft and watercraft accessories and RV storage (if fenced/gated), includes drystack facilities ix. Wholesaling. 7. Compensating community benefits as identified by the PD zoning district in the New Hanover County Unified Development Ordinance (UDO) may include, but are not limited to, improved design, natural preservation, improved connectivity for pedestrians and/or vehicles, mixed -use development, green building practices, and dedication of land or in -lieu fee contribution. This project's proposed compensating community benefits are as follows: This project proposes utilizing: Improved Design, Improved Connectivity for Pedestrians and/or Vehicles Mixed -Use Development Expansion of County -Wide Parks and Recreation Opportunities Transportation Facilities The use of architectural design that exceeds any minimum standards established in the UDO or any other County regulation, or the use of site design incorporating principals of walkable urbanism and traditional neighborhood development, compatible with the comprehensive plan and other adopted County plans. • This project has four main components all contributing to improved design. 1. Building a roadway connection that can alleviate traffic congestion in the northern part of New Hanover County. 2. The extension of Murrayville Road which moves the County closer to achieving its 2045 transportation goals in extension of the Road to the east. This opens up Board of Commissioners - August 2, 2021 ITEM: 12- 9 - 6 opportunities for public/private partnership to further vehicular and pedestrian transportation/recreation corridors. 3. A mixed use community developed in a newly opened commercial growth node created in the county by the Military Cutoff Extension (MCE) corridor. 4. A cohesively designed project offering a variety of housing types that act as a transition from the proposed commercial/mixed use areas to the existing single-family homes and undeveloped land in the area. Proiect's Compensating Community Benefits Defined: • Specifically addressing the architectural design within this proposed Community Mixed Use area of the county: The roadway connection is not only focused on vehicles. While the roadway connection will create significant positive impacts to the County as a whole, the road design will also include sidewalks/paths integrated into the overall proposed PD development which enhances pedestrian and bicycle use. This could be a public/private partnership to create a multi -use path (MUP). The sidewalks and paths are intended to be integrated into the plazas and landscape streetscape along Murrayville Road to create a welcoming streetscape. The applicant intends to introduce safe corridors for the pedestrians to access and interact with the proposed retail/office/restaurant pocket parks, courtyards, and outdoor dining areas. This multi -faceted roadway design will set the tone for the entire development and create a walkable community accessible by sidewalks among and landscaped corridors. Beyond the connectivity, the mixed -use project will be cohesively designed, meaning the master planned community can create common design themes tying the community together and smoothly transitioning more intensive commercial uses to smaller scale retail, restaurant, and mixed -use buildings to multi -family to townhomes before abutting the existing undeveloped and single-family neighborhoods in the area. • Road Connectivity: The project is planning both improved design in the architectural and landscape architectural design as well as an improved traffic design for the area. The developers of this project have worked with New Hanover County planning staff and NCDOT to develop a plan to extend an existing dead-end road, Murrayville Road, to the Military Cutoff Extension (MCE) which is currently under construction. All parties recognized the potential for a commercial node at a new prominent traffic corridor, the MCE. The developer's plans include extension of the Murrayville Road Extension running through the project as a public right of way to be dedicated to NCDOT. This connection provides a much -needed alternative route for a large number of residents in northern New Hanover County. Currently, northern New Hanover County relies heavily on connections to Market Street to get out of their neighborhoods and out to shopping, dining, and entertainment. By converting a dead-end road into an extended road accessing the primary traffic corridor to alleviate traffic on Market Street, especially in the northern part of the county. Board of Commissioners - August 2, 2021 ITEM: 12- 9 - 7 • Improved Connectivity for Pedestrians and/or Vehicles and Expansion of County -Wide Parks and Recreation Opportunities: Additional connections to existing roads, sidewalks and paths allowing for bicycle and pedestrian facilities will be provided to improve connectivity internal to the development and, in appropriate places, to and from the development and existing residential and commercial development in the County, beyond the requirements of Section 5.2, Traffic, Access, and Connectivity. Murrayville Extension and the developer's on -going work with NCDOT and County staff to plan the Murrayville Road Extension will further secure improved connectivity beyond the borders of the Murrayville area neighborhoods. This project will build an important connection of the County's 2045 transportation plan that could link the Murrayville residents to the regional County amenity of Ogden Park, Market St, and future growth nodes. The developer is open to discussing private/public partnerships extending multi -modal connections through the development to expand recreation opportunities beyond this development and recognizes the Military Cutoff Extension as a key way to connect a large section of New Hanover County to goods and services without overloading existing roadways. The road will help alleviate congestion in this portion of the County and will form an alternate route to and from area neighborhoods to goods and services within this project and beyond. • Mixed -Use Development. The proposed development will have a mixture of residential and commercial uses and product types all integrating well thought out design for a variety of residents both in our existing communities and travelers passing through on the future connected bypass network. The mixture of uses will be fully determined as the market drives demand, but the product types identify the myriad of uses possible in the community. However, there could be vertically integrated mixed -use buildings planned as well. These buildings, if constructed as envisioned at this time, will likely be a significant part of the streetscape along Murrayville Road Extension. It is these buildings that will drive the design of the community focusing on streetscapes. Those streetscapes assign identity to a project, create spaces in which we can all can partake, and create opportunities to link a variety of goods and services to both existing and newly created community. Mixed -use projects like this one will create parks and recreation opportunities in integrated paths, plazas, courtyards, amenities, and open spaces. These developments also offer a variety of housing types to support a range of incomes and lifestyles as well as supporting and existing, well -established, and thriving single-family community in nearby neighborhood. • Other community benefit that would provide benefits to the development site and the citizens of the County, generally. The northern part of New Hanover County is primarily large tracts of vacant land, many tracts without paved roads or adequate access to property and major road networks. One reason for this portion of the county being undeveloped or at the edge of development is the lack of available sewer to support commercial and denser residential development. This project is Board of Commissioners - August 2, 2021 ITEM: 12- 9 - 8 actively seeking solutions in linking sewer to a this development, a potential major commercial and mixed -use hub in New Hanover County. The community benefits are that sewer could be available to a new section of New Hanover County opening -up an area for expanded tax base. Improved road connectivity within New Hanover County and nearby counties will be constructed without drastic impacts on existing road infrastructure. Goods and services, dining and entertainment will be offered to a large section of existing homes in northern New Hanover County, all with infrastructure built by and because of this project. While this is new development, it is smart development in all the ways our County's future land use plan targets as goals and planning guidelines. This project offers so many benefits to the neighboring community by virtue of location and commitment to finding the right infrastructure improvements to better our County as a whole. Board of Commissioners - August 2, 2021 ITEM: 12- 9 - 9 MILITARY / / 14p CUTOFF EXT \ }} 626 SI T PLANTATION \ f / , / LEGEND � , 5K RD MURRRRDVIL �� N f / ��EXISTING f f RD ❑ EXISTING IRON PIPE OR REBAR T MPe 900� REND p,LS, Ll G y % _ Q SET REBAR AFAR 6189+ PG 599 G ORLON MILITARY�7\ CUTOFF RD p6 W_ I I . 1202, pG 1 60' R/%) Qv� LOCATION MAP _ �/ \ y / \ /\ \ , / f I I II J �` f \ \ \ \ f / \ I I ROAD ` 2zag NOT TO SCALE -- �, ` p,�ER QG I Q�� - _ 1264 I I PERMANENT 1202, C� `"�KE , U IINITT� THIS A EANT C'� �b�p J I I 526.7J t 0.06 ACf L4 �,�°s / `J. p I 8K 6, 48, PG 1686 L6 L5 .� 33 PG I _� 32,53" 240'± _ THE SANCTUARY ° �,\`� \ f B� 1 ` "� �y14 a.1 o Act _ - / I AT HANOVER RESERVE / ex ��, ,� c i5s) JL , _ GAP � / PHASE 3, SECTION 1 / / / / d 2� SEE NOTE 5 ! - I I SECTION MB 62, PG 389 f QUAIL '� ' l ` -- --�-- y- f c iss) /ire CTION 10 � ~� 159 ON AREA nr33'49'45"E L32 601.06' C L33 L3 SPRIN TWA TIER DRIVE _ --- L30 1 vi o tn PERMANENT " r '`----�,M1 DRA NAGE oAND � f UTILITY EASEMENT r �t� _ 4� 0,03 AC± 1 1 IN THIS AREA _--- AREA A �� -Q�g. BK 6148, PG 1686 '49- 66.33 AC ---�_� AREA 8_ 8 S33'45 "W 3.08 AC'I LA O nn NAr Lo _ pk'21 0fi L39 NOTES: v`1� 1. TOTAL AREA = 75.56 ACf (4 AREAS COMBINED) / / �/ 2. PID: R02800-004-031-000 L� 3. THIS PARCEL IS LOCATED IN ZONE X ACCORDING TO -_-_ 1,290't DFIRM MAP 3720325000J, DATED APRIL 3, 2006 �, /��, �`�, { 69 ) � C1' - ! 0.22 ACt 4. REBAR AND CAP WERE FOUND SET AT ALL NCDOT BOUNDARIES / / `� �� ,S G \ !` �6' --`��- �''�GAP P `J Q Q� - / i �e / SEE NOTE 5 EXCEPT WHERE OTHERWISE NOTED. 5. THERE ARE GAPS AND OVERLAPS ASSOCIATED WITH THE NCDOT TAKING DESCRIPTION (BK 6148, PC 1686) WHERE IT SHOULD ABUT % �( _ �. 5 L57� ESTABLISHED BOUNDARIES. LOCATIONS AS NOTED. / �P '�- P� �� A��`- C2, _ 4 �, -� - / 6. IRON REBAR FOUND AT ALL ADJOINING LOT CORNERS OF s / T 09) Gr,E�s HANOVER RESERVE SUBDIVISION WITH THE EXCEPTION OF ADJOINING , / 50 P COMMON AREAS. CP� g89 � G rDo •�bc -f -- �' `�•�' `��,� / �s NGUYEN LINE BEARING DISTANCE L1 N54 52 46"W 85.10' L2 N65 39 45"E 76.10' L3 N54 52'46"W 17.13' L4 S07 43'07"E 4.39' L5 N79 55 18"E 11.21' L6 S78 23 43 E 14.84' L7 S79"55'18"W 25.00' LB N04'12'39"E 251.78' L9 N7955'18"E 33.37' L10 S7955'18"W 25.00' L11 SIO'04'42"E 109.00, L12 N67'27'08"W 121.72' L13 S30 38'40"W 75.36' L14 S63 07'55"W 131.23' L15 N86 04'53"W 106.26' L16 N35'13'20"W 80,36' L17 N47'31'24"W 80.36' L18 N59'49'29"W 80.36' L19 N 72 07'34"W 80.36' L20 N84 25'38"W 80.36' L21 S83 57'14"W 77.54' L22 S80'52'31 "W 160.00' L23 N09'07'29"W 120.00' L24 NSO'52'31 "E 16.52' L25 N09'07'29"W 170.00' L26 S80'52'31 "W 91.63' L27 N26'42'36"W 177,19' L28 S3252'23"W 47.60' L29 N56'10'15"W 170, 79' L30 S33'49'45"W 45.68' L31 N56'10'15"W 120,00' L32 N3349'45"E 97.00' L33 N56'10'15"W 25,00' L34 S78'23'43"E 204,32' L35 S11'51'05"W 48.53' L36 S78'08'41 "E 56.02' L37 SO4'21'19"W 201,15' L38 N8538'41 "W 20.00' L39 S8538'41 "E 20.00' L40 SO4'21'19"W 199,90, L41 S80 20'35"W 24.70' L42 SO4 18'21 "W 47.9C L43 N10 04 42'W 27.56' L44 N83 54'05"W 5.06' L45 N04'21'19"E 19.51' L46 N 79'55'18"E 35, 00' L47 N 1 O'04'42"W 104.00' L48 N25'00'35"W 155,24' L49 N46'12'15"E 36,74' L50 N04'21'19"E 86.54' L51 N79'55'18"E 15.00' L52 N1O'04'41"W 76.17' L53 N79'55'18"E 30.00' L54 S30 36'54"E 69.80' L55 N87'53'53"W 40.48' L56 N1O'04'42"W 125.00' L57 S7955'18"W 20.00' L58 N1O'04'42"W 240,00' /$ 190'f AREA © \ \ r 70 0,05 ACt OVERLAP -__.._ o0 7.34 AC / o -^,`L' r, / SEE NOTE 5 ,i\ THE SANCTUARY / AT HANOVER RESERVE / PHASE 2 \ / / M8 60, PG 285~ \ pL-- �-_ AREA C c° r s� ��Ps _ -' 1.81 AC 97 "I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY Cp L13 041 tQ THE SANCTUARY 11\ - � AT HANOVER RESERVE L10 PHASE 3, SECTION 2 THE SANCTUARY ,,,,AT HANOVER RESERVE / �*, SECTION 3'' MB 59, PG 311 L44 �y L43 1� 0 / PCGE oo I t V / DK ik 0N16��/ SLOPE EASEMENT lei 0.25 AC±GAP `\ SEE NOTE 5 ,\ OLD IRON PIPE -_ M 1EG / f LOCATION - DOCUMENTED VRIORY TO DESTRUCTION / s IN THIS AREA 0.01 ACf BK 6148, PG 1686 RN�s�N P $�5� \1\ LINE RADIUS LENGTH CHORD BEARING CHORD DST. C1 790.00' 22.23' S0332'57"W 22,23' C2 685.00' 15.02' N0927'01"W 15,02' C3 200.00' 190.49' N37'21'50"W 183,37' C4 300.00' 317.89' N34'17'38"W 303.22' C5 300.00' 336.83' N44'48'48"E 319.41' C6 205.00' 492.79' SO4'12'58"W 382.42' C7 295.00' 116.86' S53'18'05"E 116.10' 8't WIDE GAP (LINES SHOULD ABUT) SEE NOTE 5 �PNQ,P $� 861 4, C. I. Glover Company N.C. License No. C-2855 Christopher I. Glover, PLS 4405 Jasmine Cove Way Wilmington, NC 28412 Office (910) 792-101 I Cellular (910) 471-4091 E-mail: eiglovffco@yahoo.com CAR =p• �oF SSId;�' ;y'9 •� SEAL L-4090 r suo.CA- SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION; DEED DESCRIPTIONS RECORDED AS NOTED IN TITLE BLOCK; THAT THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DASHED LINES FROM ADJOINING DEED DESCRIPTIONS (BOOK/PAGE AS NOTED); THAT THE POSITIONAL ACCURACY IS 10 FEET; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAR�OrL�INA (21 NCAC 56.1600)." THIS L �Z '1''T DA Y OF _ 20_L�. CHRISTOPHER I. GLOVER, PLS N.C. LICENSE NO. L-4090 SURVEY FOR TDR-HL, LLC BEING THE RESIDUAL LANDS OF THE HANOVER LAND, LLC COMBINED TRACTS AS RECORDED IN MAP BOOK 59, PAGE 360 OF THE NEW HANOVER COUNTY REGISTRY SAID COMBINED TRACTS BEING ALL OR A PORTION OF BOOK 4129, PAGE 441, BOOK 4136, PAGE 740, BOOK 4144, PAGE 403, BOOK 4476, PAGE 877, BOOK 4546, PAGE 380, BOOK 4736, PAGE 236 AND BOOK 5729, PAGE 1705 AS RECORDED INDIVIDUALLY IN SAID REGISTRY HARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA SCALE: 1 "= 150' JULY 11, 2019 0 100' 300' 500' Board of Commissioners - August 2, 2021 ITEM: 12- 10 - 1 PROPOSED SITE PLAN Board of Commissioners - August 2, 2021 ITEM: 12- 11 - 1 SYMBOL LEGEND �40 30 A" / SITE PLANTATION RD MURRAYVILLE ROAD �C-1� < /10 �P CJ coRooN Ro cl qp x w > o Of _j --I O Qw LPL J O / U VICINITY MAP NOT TO SCALE SITE DATA: PROJECT ADDRESS: PARCEL ID: CURRENT ZONING: PROPOSED ZONING: PROPOSED USE: PROJECT SITE AREA: MAXIMUM RESIDENTIAL UNITS: MAXIMUM COMMERICAL AREA: OWNER INFORMATION: MILITARY CUTOFF EXTENSION SERVICE ROAD; DESIGNED & CONSTRUCTED BY NCDOT EXISTING NCDOT PLANS FOR MILITARY CUTOFF EXTENSION PROPOSE A RIGHT IN/RIGHT OUT AT SERVICE ROAD INTERSECTION ZONI p -15 OSF. �� R-15 SAND L V ACANT -� ZONING' USE'. VACANT � I ±7.34 AC 00 0 a M --- � pRAINP� i / 1 ZONING: R-15 / a LAND USE: HOA COMMON / ( ` AREA/ 0 � ZONING: R-15 '/� LAND USE: VACANT r ' p COMMERCIAL / WRIGHTSVILLE BEACH, NC 28480 � l - � ppoT FLOOD INFORMATION: THIS PARCEL IS LOCATED IN A FLOOD ZONE X, AS o- _ N MIXED USE MULTI -FAMILY DETERMINED BY FEMA FLOOD PANEL 3720325000J, z RESIDENTIAL DATED APRIL 3, 2006. NO BASE FLOOD ELEVATION IS ° / _ / +_7.41 AC REQUIRED. Z RESIDENTIAL OR - o °° o°°o FUTURE LAND USE CLASSIFICATION: COMMUNITY MIXED USE a oo° COMMERICAL ® oo _,:. ,, o° ±3.08 AC �hb • . • o o • PD DIMENSIONAL REQUIREMENTS O�.� o° O o ,, MINIMUM LOT AREA: 10 ACRES i o RESIDENTIAL `',• RESIDENTIAL USES COMMERCIAL USES BUILDING SETBACK FROM PD j o8 'L o TOWNHOMES o DISTRICT BOUNDARY: 20' (CB SETBACK REQ.) / \ ° _ o° 0 0 6 ° ±8.54 AC o -- -- ° oo G p Oo a 60 UNITS MAX. ° ° COMMERCIAL / .,,:,. o • o BUILDING SETBACK FROM MIXED -- -- �J E \ ° USE o PEDESTRIAN &BIKE PATHS: 10' 10' bb / ❑ MULTI -FAMILY ❑ RESIDENTIAL REQ. PROPOSED REQ. PROPOSED o AND/OR SENIOR O ` ' ' ♦° MINIMUM FRONT SETBACK: 0 10, 20' 20' 8o / ®° .; .._ LIVING °o �: °o � ' a• PROPOSED VEHICULAR & PEDESTRIAN ACCESS POINT/ CIRCULATION MULTI -USE PATH 000 PER NCDOT DESIGN MURRAYVILLE O O O EXTENSION STREETSCAPE POTENTIAL ACCESS NODE MURRAYVILLE EXTENSION STREETSCAPE LANDSCAPE BUFFER OR STREET YARD 1308 CROOKED PINE RD R02800-004-104-000; R02800-004-031-000 R-15 PD COMMERCIAL & RESIDENTIAL MIXED USE ± 62.77 ACRES (SEE BELOW FOR BREAKDOWN OF PARCELS) 473 MAX. AS DEFINED IN TIA AND IN PARCEL DATA NOTES BELOW TDR-HL, LLC PO BOX 381 ZONING SE 5 Dv V ACANT dRESIDENTIAL OR COMMERICAL ±1.81A�C,�J 1 ' COMMERICAL z ±7.34 AC s� -44 I - ING /® LAND USE. VACANT J� ZONING'- R-15 LAND UgE'. VACANT � o RpJNPGE�Ps� U PARCEL F CONTINUES AROUND SERVICE ROAD CURVE BUFFER BETWEEN EXISTING RESIDENTIAL & PROPOSED PD PARCELS WILL BE PROVIDED PER LIDO STREETYARD WILL BE PROVIDED PER LIDO, TYP. ZONING ACANT L��SE %so RESIDENTIAL OR L MINIMUM REAR SETBACK: 0 15' 20' 20' °o° CONTINUING CARE °° °°o ' -zv - /� `�� COMMUNITY MINIMUM INTERIOR SETBACK: 0 0 0 or 20' ABUTTING ADJ. RES. 20' ABUTTING ADJ. RES MIN. 0I4.37 AC °o a° MINIMUM REAR SETBACK: 0 15' 10 or 25' ABUTTING ADJ.RES. 20' ABUTTING ADJ. RES MIN. o o RESIDENTIAL �v� � I +18.28 AC / 312 UNITS MAX.BUILDING HEIGHT: HEIGHT: 80' MAX 65' EXCEPT USES COULD BE: ANY >35' PARCEL D 80' MAX, 80' MAX. IN COMMERCIAL-- CORE OF PARCEL B,C; NO HIGHER PERMITTED RESIDENTIAL i ° USES IN A PD ZONE AND/OR o ° ° -- ��._ C�D THAN 60 ANY BUILDING ADJACENT TO SENIOR LIVING, CONTINUING '► �- o PERIPHERY OF PD o CARE COMMUNITY OPEN SPACE: 15% REQUIRED 15% PROVIDED AND SHARED AMONG PD z oao oo° PROPOSED USES a � ALL USES ARE INCLUDED IN THE TERMS AND CONDITIONS DOCUMENT ASSOCIATED WITH THIS PLAN. a - - _ ZONING: R-15 CROOKED PINE ROAD PARCEL DATA LAND USE: VACANT ZONING: R-15 ZONING: -15 PARCEL ACREAGES DENSITY OR SF USE LAND USE: VACANT, R-15 ZONING: LAND USE: LAND USE: VAACC ANT ACCESS TO HOME IN REAR, ADJ PARCEL PARCEL A: ±18.28 AC 312 UNITS MAX RESIDENTIAL/ MULTI-FAMILY/SENIOR LIVING/ CONTINUING CARE VACANT PARCEL B: ±14.37 AC COMMERCIAL/MIXED USE/RESIDENTIAL MULTI-FAMILY/SENIOR LIVING/ CONTINUING CARE PARCEL C: ± 7.41 AC COMMERCIAL/MIXED USE/RESIDENTIAL MULTI -FAMILY PROJECT ROAD LOCATION WILL VARY. SHOWN FOR GRAPHIC REPRESENTATION PARCEL D: ± 8.54 AC 60 UNITS MAX RESIDENTIAL/TOWNHOMES OF INTERCONNECTIVITY BETWEEN PARCELS; AN INTEGRATED VEHICULAR AND ZONING: R-5 LAND USE: I RESIDENTIAL / TOWNHOMES EXISTING NCDOT PLANS FOR MILITARY CUTOFF EXTENSION PROPOSE A LEFT -OVER TURN MOVEMENT AND ACCESS FROM MURRAYVILLE RD. EXT. TO NEW HIGHWAY PARCEL E: ± 3.08 AC COMMERCIAL/RESIDENTIAL PEDESTRIAN NETWORK IS PROPOSED FOR THE PROJECT REALIGN END OF & EXTEND PARCEL F: ± 7.34 AC COMMERCIAL/RESIDENTIAL MURRAYVILLE ROAD TO NEW HIGHWAY PARCEL G: ± 1.81 AC COMMERCIAL/RESIDENTIAL STREETYARDS WILL BE PROVIDED ALONG MAIN PROJECT ROADS DIVIDING * DENSITY / SF NOTE- RESIDENTIAL/MULTI-FAMILY/SENIOR LIVING/CONTINUING CARE UNITS MAY BE SPREAD ACROSS ALL PARCELS WITH "*' BUT WILL NOT EXCEED MAXIMUM COMMERCIAL AND RESIDENTIAL USES; ADDITIONAL BUFFERING MAY BE ADDED MURRAYVILLE ROAD STREETSCAPE DENSITY OF 473 UNITS; COMMERCIAL AREA SHALL NOT EXCEED THE FOLLOWING: 100 ROOM HOTEL, 26,000 SF GENERAL OFFICE, 36,400 SF MEDICAL/DENTAL OFFICE, 106,922 SF SHOPPING CENTER, 17,540 SF RESTAURANT, 5,610 SF CONVENIENCE/GAS STATION, 102,700 SF MINI STORAGE/WAREHOUSE; NO USE OR DENSITY WILL EXCEED MAXIMUMS BUFFER BETWEEN EXISTING RESIDENTIAL & PROPOSED PD PARCELS WILL BE PROVIDED PER LIDO STUDIED IN THE TIA BUILDING SEPARATION NOTES: IMPROVEMENT NOTES: 1. NO ENCROACHMENT INTO THE PATH OF PROPOSED 1. WATER AND SEWER TO BE PROVIDED BY CFPUA. TRANSPORTATION PROJECT WILL OCCUR. NO COMMERCIAL C.O. 2. ALL FIRE HYDRANTS AND WATER SUPPLY SYSTEMS WILL MEET WILL BE ISSUED UNTIL NCDOT HAS MILITARY CUTOFF EXTENSION IS FIRE CODES. COMPLETE. 3. STORMWATER MANAGEMENT NOT SHOWN, BUT WILL BE 2. SINGLE FAMILY BUILDING, INCLUDING TOWNHOMES, SEPARATION DESIGNED WITH FULL PLANNING EFFORTS. WILL BE 10' MINIMUM TO ANY STRUCTURE 4. A DRAINAGE PLAN PURSUANT TO LIDO SECTION 6.3.3.E WILL BE 3. NO MULTI -FAMILY OR ATTACHED DWELLING UNIT WILL BE CLOSER PROVIDED FOR REVIEW DURING DESIGN DEVELOPMENT. STREET THAN 20' TO ANY STRUCTURE LIGHTS WILL BE PLACED 1 EVERY 500 LF OR LESS. 5. TOT LOTS OR MINI PARKS PROVIDED AT A RATE OF 1 AC PER 1000 PARKING NOTES: POPULATION AND WITHIN 1 MILE OF RESIDENTIAL AREAS 6. AUDIBLE FIRE ALARM SYSTEMS WILL CONNECT TO CENTRAL 1. OFF-STREET PARKING SHALL BE PROVIDED PER SECTION 5.1 DISPATCH FOR ALL STRUCTURES EXCEPT SINGLE FAMILY AD EXCEPT THE DESIGN OF PARKING LOTS OR SHARED PARKING DUPLEX RESIDENTIAL FACILITIES MAY BE APPROVED WITH MINOR DIMENSIONAL DEVIATIONS. PARKING INFORMATION WILL BE PROVIDED ON TRC PROJECT ROAD NOTES: PLANS FOR REVIEW. 1. EXISTING NCDOT PLANS FOR MILITARY CUTOFF EXTENSION PROPOSE A SIGN NOTES: RIGHT IN/OUT MOVEMENT AT THE SERVICE ROAD AND A LEFT -OVER TURN MOVEMENT AND ACCESS FROM MURRAYVILLE RD. EXT. TO NEW 1. SIGNS WILL BE IN ACCORDANCE WITH SECTION 5.6 SIGNS. HIGHWAY; 2. THE DEVELOPER WILL ERECT AND MAINTAIN STREET SIGNS WITHIN 2. DEVELOPER IS IN ON -GOING DISCUSSIONS FOR ADDITIONAL THE PD DISTRICT IMPROVEMENTS TO MURRAYVILLE/MILITARY CUTOFF EXT. INTERSECTION. ACCESS AND CONNECTIVITY NOTES: 3. NO DISCUSSIONS OR MASTER PLAN APPROVAL WILL ALTER EXISTING HWY CONSTRUCTION TIMELINE. 1. THE PROJECT SITE HAS DIRECT ACCESS TO MAJOR ARTERIAL ROAD. 4. ALL IMPROVEMENTS WILL BE DISCUSSED, REVIEWED, AND APPROVED 2. NCDOT WILL CONSTRUCT & MAINTAIN MILITARY CUTOFF EXTENSION. BY WMPO AND NCDOT AS WELL AS COUNTY ENGINEERING AND 3. THE EXTENDED MURRAYVILLE ROAD WILL BE PUBLIC & DEDICATED PLANNING. TO NCDOT 5. INTERNAL PROJECT ROADS WILL BE PRIVATE ROADS BUILT TO NCDOT 4. OTHER PROJECT ROADS WILL BE PRIVATE AND MAINTAINED BY A STANDARDS AND REVIEWED BY COUNTY PLANNING, ENGINEERING. HOA OR POA. NCDOT WILL REVIEW DRIVEWAY PERMITS AND APPROVE CONNECTIONS 5. ALL INTERIOR DRIVES WILL BE DESIGNED TO PROVIDE ADEQUATE TO MURRAYVILLE ROAD. NO INTERNAL PROJECT ROADS ARE DESIGNED ACCESS FOR EMERGENCY SERVICE VEHICLES. AT THIS TIME. ROAD ALIGNMENT, ACCESS POINTS AND CIRCULATION 6. POTENTIAL ACCESS POINTS TO ADJACENT PARCELS ARE IDENTIFIED INSIDE PARCELS WILL BE FULLY DESIGNED AND REVIEWED DURING ON PLAN. FUTURE DESIGN OF PARCEL WILL FURTHER DETERMINE COUNTY TRC PROCESS. GRAPHICS SHOWN FOR REPRESENTATION OF PARCEL CONNECTIVITY POINTS. IDEA ONLY. SITE INVENTORY NOTES: LANDSCAPE NOTES: TREE NOTES: 1. A SITE VISIT WAS PERFORMED JULY 2020 TO REVIEW EXISTING 1. BUFFERING AND LANDSCAPING SHALL MEET THE REQUIREMENTS VEGETATION AND OTHER CONDITIONS. NO SIGNIFICANT, SPECIMEN, OF SECTION 5.4 OR HERITAGE TREES WERE OBSERVED DURING THE VISIT. IF ANY 2. PLANTING DESIGN SHOWN IS DIAGRAMMATIC ARE FOUND DURING DESIGN DEVELOPMENT OR CONSTRUCTION, THEY WILL BE PRESERVED OR TREE REMOVAL PERMIT WILL BE OBTAINED THROUGH NEW HANOVER COUNTY. 2. EXISTING VEGETATION IS PRIMARILY SCRUB OAK AND PINES 1" - 2" AND WAX MYRTLE. 3. WETLANDS AND DITCHES EXIST ON SITE. ALL IMPACTS WILL BE SUBMITTED FOR REVIEW AND APPROVAL WITH THE UPACE. O U U O Ir-T-1� W O 71 -1 h-I CrrlTT1� W I� SCALE: 1 "=200' h-I W N O R T H 0 100' 200' 400' N 'ct CD 0 E E 0 c .E m a_ Z z O U_7 �5 a W j LU oc N U W o z z I-_ z � w O U L �0 Z ow - 0 O 00 � � N 00 Z U E a� W oO U U O W NCIA Z o U O Z c� w W �7 H W (� O W ^W � O o=CL= Z c�°<-< Oo� Q � � 00 Zo O Z_ J J 0l < LL U H < U 0 W a z w w LLI Z p j w w O 0=_j UUdtiOf Q ui_j2�U 0 0cn00 SEAL MPD-1 rPEI JOB#: 20254.PE Board of Commissioners - August 2, 2021 ITEM: 12- 12 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Regular DEPARTMENT: Planning PRESENTER(S): Nicole Smith, Senior Planner CONTACT(S): Nicole Smith; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z21-09) - Request by Design Solutions on Behalf of the Property Owners, WPE Holdings, LLC and Senca Properties, LLC, to Rezone Approximately 12.99 Acres of Land Located in the 9000 Block of Market Street from B-1, Neighborhood Business District, (CZD) B-1, Conditional Neighborhood Business District, and R- 15, Residential District to (CZD) RMF-MH, Conditional Residential Multifamily Moderate -High Density District, in Order to Construct a 256-Unit Apartment Development BRIEF SUMMARY: The applicant is seeking to rezone 12.99 acres of land located in the 9000 block of Market Street from B-1, (CZD)B-1, and R-15 to (CZD) RMF-MH (Conditional Residential Multifamily Medium -High Density District). The remainder of both tracts will retain the current B-1 and R-15 zoning. The purpose of the RMF-MH, Residential Multifamily Medium -High Density District is to accommodate lands for medium to high density residential development with emphasis on midrise structures, near suburban shopping centers and employment centers. The intent of the district is to function as a transition between intensive nonresidential development and lower density residential development. The applicant is proposing to construct a 256-unit multifamily development. The units will be a combination of one, two, and three bedrooms. The proposal includes six residential buildings, a clubhouse and amenity center, with a pool, and six, one-story accessory buildings. Two residential buildings will be three stories tall, with twenty-four units each, and four residential buildings will be four stories tall, containing between forty-eight and fifty-six units each. Primary access to the development will be provided on Market Street at an existing left -over median break. Interconnectivity to the medical park will be provided with the extension of Senca Drive. The development will be required to provide 20% open space, for a total of 2.6 acres, including the 0.8 acres dedicated to the amenity center and pool. The site will utilize the infiltration basin located on the adjacent parcel. The current master permit for the basin has an allocation of 14.11 acres of impervious surface. The development will be required to comply with both the county and state stormwater management requirements. Under the County's performance residential standards, the subject parcel would be permitted up to 32 units at a density of 2.5 du/ac. The RMF-MH, Residential Multifamily Medium -High Density District allows a maximum density of 25 units per acre. the applicant is proposing 256 units, for an overall density of 19.9 units per acre (13.4 dwelling units per acre for the parent tract, including the R-15 portion not subject to the rezoning request.) A Traffic Impact Analysis (TIA) for the entire Scott's Hill Medical Park development was approved in June 2019 and studied the impacts of general office, medical office, retail, and a drive -through pharmacy. The scope of the project has been modified to include general office, medical office, retail, a drive through pharmacy, and 256 dwelling units. Due to the size and intensity of the land uses, the applicant's traffic engineer produced a technical memorandum, dated May 19, 2021, to serve as an addendum to the previously approved TIA. The memorandum has been reviewed and approved by both the NCDOT and the WMPO with the agreement the full build improvements are sufficient and Board of Commissioners - August 2, 2021 ITEM: 13 replace the previous phased improvement schedule included in the 2019 TIA. All improvements would be required prior to the issuance of a certificate of occupancy of the apartment development. Based on the current general student generation rate, staff would estimate that the increase in homes would result in approximately 56 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 COVI D-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Please refer to the Schools section included in this report for additional information on school enrollment and capacity. One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. The proposed RMF-MH zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing support services and community facilities within one mile of the subject property. The subject property is part of the Scotts Hill Medical Park development. The subject property is located between residential and non-residential zoning districts and will have direct access to US-17, a principal arterial roadway. The site is currently vacant; however, its current zoning and TIA approval allow general office, medical office, retail, and a pharmacy with a drive -through. Adding a residential use to the subject site provides for a range of housing types in the unincorporated area and will support the Scotts Hill node. The three-story buildings will be closest to the existing R-15 zoning with the taller buildings on the Scotts Hill Medical Park side. The 2016 Comprehensive Plan 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. The subject parcel is primarily Community Mixed Use, with roughly 3% designated as General Residential. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. The proposed (CZD) RMF-MH, Conditional Residential Multifamily Medium -High Density District rezoning is generally CONSISTENT with the intent of the 2016 Comprehensive Plan because this zoning district is intended to provide alternative housing types to single-family detached development, the project provides for the types and mixtures of uses recommended in the Community Mixed Use Place type, and the project will locate community services in close proximity to nearby residents upon full build of the medical park. The Planning Board considered this application at their July 8, 2021 meeting. At the meeting, two residents spoke in opposition to the request, citing concerns of drainage, density, and traffic. The Planning Board recommended approval of the application (6-0), finding it to be: • CONSISTENT with the purposes and intent of the Comprehensive Plan because because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, and the project, upon full build, will provide community services in close proximity to nearby residents. Further the proposed design supports the Scotts Hill node and retains wetlands and low -density residential zoning as an additional buffer against the school property. • The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a diverse housing option near a retail, service, and employment node. Board of Commissioners - August 2, 2021 ITEM: 13 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggest the following motion: I move to APPROVE the proposed rezoning to a (CZD) RMF-MH, Conditional RMF-MH district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, and the project, upon full build, will provide community services in close proximity to nearby residents. Further the proposed design supports the Scotts Hill node and retains wetlands and low -density residential zoning as an additional buffer against the school property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a diverse housing option near a retail, service and employment node. [Optional] Note any conditions to be added to the district. I move to DENY the proposed rezoning to a (CZD) RMF-MH, Conditional RMF-MH district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, and the project, upon full build, will provide community services in close proximity to nearby residents, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z21-09 Script BOC Z21-09 Staff Report BOC Z21-09 Zoning Map Z21-09 Future Land Use Map Z21-09 Neighboring Properties Applicant Materials CS Z21-09Application Package Proposed Site Plan CS Z21-09 Proposed Concept Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved with one condition 5-0. Board of Commissioners - August 2, 2021 ITEM: 13 SCRIPT for Zoning Map Amendment Application (Z21-09) Request by Design Solutions on behalf of the property owners, WPE Holdings LLC and Senca Properties LLC, to rezone approximately 12.99 acres of land located in the 9000 block of Market Street from B- 1, Neighborhood Business, (CZD) B-1, Conditional Neighborhood Business District, and R-15, Residential District to (CZD) RMF-MH, Conditional Residential Multifamily Medium -High Density District, in order to construct a 256-unit apartment development. 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 (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) RMF-MH, Conditional RMF-MH district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, and the project, upon full build, will provide community services in close proximity to nearby residents. Further the proposed design supports the Scotts Hill node and retains wetlands and low -density residential zoning as an additional buffer against the school property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a diverse housing option near a retail, service and employment node. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF-MH, Conditional RMF-MH district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, and the project, upon full build, will provide community services in close proximity to nearby residents, I find DENIAL of the rezoning request is reasonable and in the Board of Commissioners - August 2, 2021 ITEM: 13- 1 - 1 public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional RMF-MH 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 - August 2, 2021 . ITEM 13- 1 - 2 STAFF REPORT FOR Z21-09 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z21-09 Request: Rezoning to a (CZD) RMF-MH, Conditional Residential Multifamily Medium -High Density District Applicant: Property Owner(s): Cindee Wolf with Design Solutions WPE Holdings, LLC & Senca Properties, LLC Location: Acreage: 9000 Market Street 1 2.99 PID(s): Comp Plan Place Type: R02900-002-068-000 Community Mixed Use and General R02900-002-008-000 Residential Existing Land Use: Proposed Land Use: Undeveloped Multifamily development Current Zoning: Proposed Zoning: B-1, Neighborhood Business, (CZD) B-1 Conditional (CZD) RMF-MH Neighborhood Business District & R-15, Residential SURROUNDING AREA LAND USE ZONING North Undeveloped B-1 East Undeveloped R-15 South Single -Family Residential and undeveloped R-15 West Undeveloped, Single -Family Residential, and Right- of -way R-15 Z21-09 Staff Report BOC 8.2.2021 Page 1 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 1 ZONING HISTORY July 1, 1974 Initially zoned R-15 (Area 5) Portions of the property were rezoned from R-15 to (CUD) 13-1 and January 8, 2007 (CUD) 0&1 (Z-853) to allow for office, retail, financing, and service - related uses (Scotts Hill Medical Park). A portion of the medical park was rezoned from (CUD) 0&1 to (CZD) August 11, 2014 0&1 (Z-934) as a result of a request to add an emergency helicopter landing pad to the New Hanover Medical Center. May 6, 2019 Portions of the property were rezoned from (CUD) B-1, (CZD) O&I, and R-15 to 13-1 (Z19-05), for Scotts Hill Medical Park. COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA. 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 School Recreation Ogden Park, Pages Creek Park Reserve CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z21-09 Staff Report BOC 8.2.2021 Page 2 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN f � Outparcel to remain B-1 �ubjeLt' Parcel ..Rezoning Boundary_ a 4-StoBldings 3-StoN18fiIldings I �l W, ` ra�rr #�- ff' fff 1 1 1 jri ✓- • f g a ^ card t,a�i i „ lomet 5GOU5 till • The applicant is proposing to rezonel 2.99 acres to (CZD) RMF-MH, Conditional Residential Multifamily Medium -High Density District. The remainder of both tracts will retain the current 13-1 and R-15 zoning. • The applicant is proposing to construct a 256-unit multifamily development. The units will be a combination of one, two, and three bedrooms. • The proposal includes six residential buildings, a clubhouse and amenity center, with a pool, and six, one-story accessory buildings. Two residential buildings will be three stories tall, with twenty-four units each, and four residential buildings will be four stories tall, containing between forty-eight and fifty-six units each. • Primary access to the development will be provided on Market Street at an existing left- over median break. Interconnectivity to the medical park will be provided with the extension of Senca Drive. • The development will be required to provide 20% open space, for a total of 2.6 acres, including the 0.8 acres dedicated to the amenity center and pool. • The site will utilize the existing infiltration basin located on the adjacent parcel. The current master permit for the basin has an allocation of 14.11 acres of impervious surface. • The development will be required to comply with both the county and state stormwater management requirements. Z21-09 Staff Report BOC 8.2.2021 Page 3 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 3 ZONING CONSIDERATIONS • The subject property is part of the Scott's Hill Medical Park development. To date one parcel of the development has been built, Wilmington Eye (medical office building). Future phases forecast retail, general office, and a drive -through pharmacy. • The site has an extensive zoning history. The property was originally zoned for low -density residential in the early 1970s, rezoned for office and institutional uses in the late 2000s, and the current neighborhood business zoning was obtained in 2019. The B-1, Neighborhood Business Zoning District allows for multifamily dwellings with a special use permit as part of a mixed -use development; however, it limits the height to a maximum of 35 feet. • The site has been zoned B-1 since May 2019. The intent of the B-1, Neighborhood Business District, is to provide lands that accommodate a range of small-scale, low -intensity, neighborhood serving commercial development that provide goods and services to residents of adjacent neighborhoods. • The purpose of the RMF-MH, Residential Multifamily Medium -High Density District is to accommodate lands for medium to high density residential development with emphasis on midrise structures, near suburban shopping centers and employment centers. The intent of the district is to function as a transition between intensive nonresidential development and lower density residential development. • Under the County's performance residential standards, the subject parcel would be permitted up to 32 units at a density of 2.5 du/ac. The RMF-MH, Residential Multifamily Medium -High Density District allows a maximum density of 25 units per acre. The applicant is proposing 256 units, for an overall density of 19.9 units per acre (13.4 dwelling units per acre for the parent tract, including the R-15 portion not subject to the rezoning request.) • The site is situated between low -density residential to the south and east, a principal arterial roadway to the west, and commercially zoned property to the north. • The proposal provides the required transitional buffer to the adjacent single-family zoning south of the request. Additionally, the design preserves 4.2 acres of wetlands, adjacent the vacant Coastal Preparatory Academy property, which would remain zoned R-1 5. Z21-09 Staff Report BOC 8.2.2021 Page 4 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT Z21-09 Staff Report BOC 8.2.2021 Page 5 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 5 TRANSPORTATION • Primary access to the complex is directly from Market Street, an NCDOT-maintained principal arterial street, at an existing left -over median break. In addition, the interconnected street network of the medical park allows for a second access to Market Street with the extension of Senca Drive to Scotts Hill Medical Drive. Egress onto Market Street at the site access is limited to right -only. The intersection of Market Street and Scotts Hill Medical Drive will be signalized. • A Traffic Impact Analysis (TIA) for the entire Scott's Hill Medical Park development was approved in June 2019 and studied the impacts of general office, medical office, retail and a drive -through pharmacy. • The scope of the project has been modified to include general office, medical office, retail, a drive -through pharmacy, and 256 dwelling units. • Due to the change in size and intensity of the land uses, the applicant's traffic engineer produced a technical memorandum, dated May 19, 2021, to serve as an addendum to the previously approved TIA. The memorandum has been reviewed and approved by both the NCDOT and the WMPO with the agreement the full build improvements are sufficient and replace the previous phased improvement schedule included in the 2019 TIA. All improvements would be required prior to the issuance of a certificate of occupancy of the apartment development. Z21-09 Staff Report BOC 8.2.2021 Page 6 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 6 Proposed Scotts Hill Medical Park Development Site plan STLRAMATER PLMATRACT 1' i I l 4 I� � r , 1F � 'l `�• I ------- _ it • f' , H 1 F 1 I 1 _ 11 1 5T PCsARCEL 91 55 A „rerwrvwcsuc,rucr I �i o j PARCEL#2 1.. AcG ( — -� .�. MULTI -FA LY MJfAulf' V z�CTLANW 1B.—C + • I �. _ it I I Comparison of Potential Trip Generation Scenarios Intensity Approx. Peak Hour Trips Existing Development (B-1) 23,400 sf medical office 51 AM158 PM Approved Development (B-1) 132,000 sf general Office 187AM1173 PM 32,000 sf retail 104 AM/ 122 PM 9,000 sf pharmacy with drive -through 18 AM147 PM Proposed Development (B-1 & (CZD)RMF-MH) 256 dwelling units 90 AM186 PM 9,000 sf pharmacy with drive -through 18 AM147 PM 45,200 sf general office 73 AM194 PM 15,000 sf retail 99 AM169 PM Net Change N/A +5 AM/ -75 PM Z21-09 Staff Report BOC 8.2.2021 Page 7 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 7 • The net difference in the total trip allocation for the previous land uses and the updated land uses, including the proposed multi -family development, is 5 additional AM peak hour trips and a decrease of 75 PM peak hour trips. YIO � W -r • The required roadway improvements, are outlined below: ■ US 17 at the proposed North Bound (NB) to South Bound (SB) U-turn, south of SR 1571(Scotts Hill Loop Road South) • Provide a northbound U-turn lane with 200 feet of storage, 50 feet of full -width deceleration, and 200 feet taper. • The opening of the median break for the new U-turn will require a request for approval by the NCDOT State Traffic Engineer. ■ US 17 at the NB to SB U-turn, south of SR 1571 (Scotts Hill Loop Road South) (this U-turn is to be constructed with Phase 1 ) • Signalize the intersection. Z21-09 Staff Report BOC 8.2.2021 Page 8 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 8 ■ US 17 at Scotts Hill Medical Drive (Right in right out; proposed directional crossover) • Convert the existing RIRO to a directional crossover. Provide a southbound left -turn lane with 125 feet of storage, 50 feet of full width deceleration, and 200 feet of taper. • Provide westbound dual right -turn lanes by constructing an additional right -turn lane with 100 feet of storage, 25 feet of full width deceleration, and 75 feet of taper. • Signalize the intersection. • The opening of the median break for the new directional crossover will require a request for approval by the NCDOT State Traffic Engineer. ■ US 17 at the NB to SB U-turn, south of SR 1571 (Scotts Hill Loop Road South)(this U-turn is to be constructed with Phase 1, and signalized with Phase 2) ■ US 17 at Site Access, located at existing closed off median break south of Scotts Hill Medical Drive (Proposed signalized SB directional crossover) • Provide dual westbound right -turn lane with one lane full and one lane with 100 feet of storage, 25 feet of full width storage, and 75 feet of taper. • Provide northbound right -turn lane with 250 feet of storage, 50 feet of full width deceleration, and 200 feet of taper. • Remove barrier from southbound left -turn lane and repave/repair as determined by the District Office. • Signalize the intersection. • The re -opening of the median break for the new directional crossover will require a request for approval by the NCDOT State Traffic Engineer. Z21-09 Staff Report BOC 8.2.2021 Page 9 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 9 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project W-5803B o Project to install shoulder rumble strips between New Hanover County/ Pender County line and mile post 19.3 in Onslow County. o The safety project is scheduled to be constructed in 2022. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Z21-09 Staff Report BOC 8.2.2021 Page 10 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 10 Proposed Development Land Use/Intensity TIA Status • Coastal • Phase 1 (2016-2017)- Preparatory 490 students Academy • Phase 2 (2018-2019)- 587 students • TIA approved January • Phase 3 (2019-2020)- 1 1, 2017 664 students • Full Build 2021 • Phase 4 (2020-2021)731 students The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of the existing northbound left/u-turn lane at US 17 and Sidbury Road • Modification of signal timing at traffic lights located on US 17 at Scotts Hill Loop Road and Sidbury Road • Driveway improvements at the site's access with Pandion Drive • Installation of a left turn lane into the site • Installation of dual westbound right -turn lanes on Scott Hill Loop Road at the US 17 intersection Nearby Proposed Developments included within the TIA: • Blake Farms • New Hanover Regional Medical Center • Scotts Hill Village Development Status: Complete Proposed Development Land Use/Intensity TIA Status • Blake Farms • 1 11,925 sf Mini -Warehouse • TIA Approved July 6, (Pender County) • 407 Townhomes 2015 • 15,600 sf Office • TIA revision approved • 34,500 sf Restaurant January 31, 2020. • 3,500 sf Restaurant w/ Drive- • Full build 2025 Thru (Fast Food) • 7,700 sf Aquarium • 8,400 sf Retail • 250 Senior Multi -Family Units • 50 Single -Family Homes • 10,000 sf Restaurant (Event Center) • 20,000 sf Medical Office Z21-09 Staff Report BOC 8.2.2021 Page 11 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 11 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of three (3) site accesses along US 17 in Pender County. Site Access 1 will include a signalized northbound directional crossover into the site. Site Access 2 and Site Access 3 will be right in -right out • Installation of signalized southbound to northbound U-turn lane north of Sidbury Road • Installation of signalized northbound to southbound U-turn lane north of Scotts Hill Loop Road (North) Nearby Proposed Developments included within the TIA: • None Development Status: the site's main internal roadway (Blake farms Boulevard) has been constructed. No other roadway improvements have been completed at this time. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Futch Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (slight limitation) and Class III (severe limitation). However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. Because all but 0.05 acres of the subject site is zoned for non-residential use, no dwelling units would be permitted by right under the current zoning. A maximum of 256 units could be developed under the proposed rezoning. Based on the current general student generation rate*, the increase in homes would result in approximately 56 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-1 9 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Z21-09 Staff Report BOC 8.2.2021 Page 12 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 12 Development Type Intensity Estimated Student Generation (generalized historic student generation rate) Existing Development Undeveloped Approximate**Total: 0 (0 elementary, 0 middle, 0 high Typical Development 0 residential units Approximate**Total: 0 under Current B-1 Zoning (0 elementary, 0 middle, 0 high) Proposed (CZD) RMF-MH 256 residential Approximate**Total: 56 Zoning units (23 elementary, 13 middle, 20 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021 -2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 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. Given the size of the proposed development, it may have a build -out date within 5 years, so staff has outlined existing school capacity to provide a general impact of the potential impact on public schools. These numbers do not reflect any future capacity upgrades that may occur over the next five years or trends in student population changes. School Enrollment* and Capacity** (2021-2022 School Year) Total Capacity Capacity Funded or NHC Enrollment of of Planned Level Capacity School of Assigned Assigned Assigned g Capacity School School w/ Portables School Upgrades Porters Elementary 95% Neck 473 552 86% None Holly Middle 108% Shelter 965 934 103% None High 100% Laney 2,125 2,013 106% None * Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2021-2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021 -2022 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. Z21-09 Staff Report BOC 8.2.2021 Page 13 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 13 • The recent facility needs survey that has been 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 five years if facility upgrades are funded. NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 201 8-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed RMF-MH zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing support services and community facilities within one mile of the subject property. • The subject property is located in the Porters Neck community area, where 70% of residents currently live within one -mile of a support service (urgent care, primary doctor's office, child & adult care, etc.) and 43% live within one -mile of a community facility (public park, school, museum etc.) The proposed RMF-MH district would increase the number of residences within one -mile of support services (70% to 71 %) and community facilities (43% to 47%). • The predominant housing type in the area is single family detached at 80%. Under the proposed RMF-MH district the site would allow for multifamily housing (apartments) and increase housing type diversity by reducing the percentage of single family detached (80% to 75%) and increasing the percentage of multifamily (15% to 20%). Z21-09 Staff Report BOC 8.2.2021 Page 14 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 14 REPRESENTATIVE DEVELOPMENTS Representative Developments of B-1 Z21-09 Staff Report BOC 8.2.2021 Page 15 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 15 Rearesentative Develoaments of RMF-MH Amberleigh Shores Parks at Three Oaks Z21-09 Staff Report BOC 8.2.2021 Page 16 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 16 Context and Compatibility • The subject property is part of the Scott's Hill Medical Park development. The subject property is located between residential and non-residential zoning districts and will have direct access to US -17, a principal arterial roadway. • The site is currently vacant; however, it's current zoning and TIA approval allow general office, medical office, retail, and a pharmacy with a drive -through. • Adding a residential use to the subject site provides for a range of housing types in the unincorporated area and will support the Scott's Hill node. • The three-story buildings will be closest to the existing R-1 5 zoning with the taller buildings on the Scotts Hill Medical Park side. 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. Place Types North Future Land Use Map Place Type Subject Property G."e, M General Residential & Community Mixed Use The subject parcel is primarily Community Mixed Use, with roughly 3 % designated as General Residential. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. Z21-09 Staff Report BOC 8.2.2021 Page 17 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 17 Place Type Description Community Mixed Use: Focus on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. General Residential: Focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of appropriate uses include single-family residential, low -density multi -family residential, light commercial, civic and recreational. The proposed (CZD) RMF-MH development is located between low -density residential, a principal arterial roadway, and commercially zoned property. In general, the Comprehensive Plan designates areas along roadways for higher residential densities and a mix of uses and those near existing neighborhoods as General Residential in order to allow for an orderly transition of densities and intensities. The proposed (CZD) RMF-MH zoning would provide a transition in density and intensity between future Community Mixed Use development along US 17 and the existing single family residential districts on two sides of the Analysis subject site. Providing options for alternative housing types in direct relationship to single-family detached development is one of the stated intents for this district. The subject site is primarily classified as Community Mixed Use, which envisions moderate density residential development up to 15 dwelling units per acre The applicant is proposing 256 units, for an overall density of 19.9 units per acre for the subject site and 13.4 dwelling units per acre for the parent tract, which includes the R-15 portion not subject to the rezoning request. The scope of the proposal is limited to multifamily; however, the site is located within the Scotts Hill Medical Park development and will be part of the mix of uses affiliated with the overall development pattern. The proposed (CZD) RMF-MH, Conditional Residential Multifamily Medium - High Density District rezoning is generally CONSISTENT with the intent of the 2016 Comprehensive Plan because this zoning district is intended to Consistency provide alternative housing types to single-family detached development, Recommendation the project provides for the types and mixture of uses recommended in the Community Mixed Use Place Type, and the project will locate community services in close proximity to nearby residents upon full build of the medical park. Z21-09 Staff Report BOC 8.2.2021 Page 18 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 18 PLANNING BOARD RECOMMENDATION The Planning Board considered this application at their July 8, 2021 meeting. At the meeting, two residents spoke in opposition to the request, citing concerns of drainage, density, and traffic. The Planning Board recommended approval of the application (6-0). • The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, and the project, upon full build, will provide community services in close proximity to nearby residents. Further the proposed design supports the Scotts Hill node and retains wetlands and low -density residential zoning as an additional buffer against the school property. • The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a diverse housing option near a retail, service and employment node. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) RMF-MH district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, and the project, upon full build, will provide community services in close proximity to nearby residents. Further the proposed design supports the Scotts Hill node and retains wetlands and low -density residential zoning as an additional buffer against the school property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a diverse housing option near a retail, service and employment node. (Optional) Note any conditions to be added to the district. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF-MH district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended for the property, and the project, at full build, will provide commercial services in close proximity to nearby residents, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z21-09 Staff Report BOC 8.2.2021 Page 19 of 19 Board of Commissioners - August 2, 2021 ITEM: 13- 2 - 19 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: Z21-09 9000 block B-1, CZD B-1 & R-15/ CZD RMF-MH/ Market St Undeveloped Multi -Family Apartments N R-15 13-2 B-1 Site S 9110 -10 0&1 �r 9116 Cyan • ' h� ;. O� 9104 • :122 ' �` • 105 R 1, ;, CB 9009 • �R-7 sdi 9001 R� O �� G�'o • 9010 0 151 � r9e,Q /8985� • �s • UM ry •8981Qt y. XZ 8975 • 89 9020 9020" �O • 8959 9020 h� 9015 Qc • 8971 O 8941 8951 Qa 8925 - 1 `0 8921 N 7 8923 8929 8919 • •/ /8924\\,�, • o�vo 103 • 1 • 121 • • 111 8900 C1 13 209,' 112 211 210 • \ 216 • ❑ Neighboring Parcels 900 Feet Subject Site 222V)5 31 • gioners August , ? 21 M:1 Y5-1 L APPLICANT MATERIALS Board of Commissioners - August 2, 2021 ITEM: 13- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28A03 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. (Optional) Pre -Application Conference momi 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf WIPE Holdings, L.L.C. Company Company/Owner Name 2 Design Solutions Senca Properties, L.L.C. Address Address P.O. Box 7221 1721 New Hanover Medical Park Dr. City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28403 Phone Phone 910-620-2374 910-763-6571 (Contact: Hormoze Goudarzi) Email Email cwolf@lobodemar.biz info@spotlessveincare.com Board of Commissioners - August 2, 2021 Page 1 of 6 ITEM: 13- 7-Clonditional Zoning District Application — Updated 1 2-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) 9000 Market Street p/o 327005.17.0649 & 327005.17.5590 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 19.04 aC.+/- B-1 & R-15 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative & General Residential Proposed Conditional Zoning District: RMF-MH I Total Acreage of Proposed District: 12.99 ac.+/- Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The proposed project is an up -scale rental apartment complex with 256 total homes of 1, 2 & 3-bedroom units. Accessory buildings are available for enclosed vehicular or boat parking and storage. The four- story structures will have elevators, and all buildings will have fire -safety sprinkler systems installed. A clubhouse & amenity center with a swimming pool and pickleball courts will provide recreation opportunities, community solcial activities and management facilities. 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. Only roughly 70% of the total tract area is being rezoned for the project. Over 6 acres, inclusive of 100% of the isolated wetlands that have been delineated on the tract, will remain zoned R-15 and preserved in its natural state to provide visual buffering and transition of uses from the school and residential neighborhood to the East. Primary access to the complex is directly from Market Street at an existing left -over median break, but inter -connectivity to the medical park will be provided with extension of the currently stubbed Seneca Drive. The 256 total units represent a density of only 13.4 units per acre when calculated for the entire tract. Reference the "Concept Plan" for site layout and improvements. Board of Commissioners - August 2, 2021 Page 2 of 6 ITEM: 13- 7-8onditional Zoning District Application — Updated 1 2-2020 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: 220 / Mid -Rise Apartments Trip Generation Use and Variable (gross floor area, dwelling units, etc.) per dwelling unit @ 256 1 AM Peak Hour Trips: 117 I PM Peak Hour Trips: 136 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. The policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability of the County depends on sensible in -fill and maximizing use of lands already accessible to urban services. The proposed development will provide for an alternative housing product in the area. Board of Commissioners - August 2, 2021 Page 3 of 6 ITEM: 13- 7-donditional Zoning District Application — Updated 1 2-2020 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 tract is identified in the Comprehensive Land Use Plan as a "Community Mixed -Use" place -type. The plan suggests higher densities or more intensive uses to support the surrounding residential neighborhoods. The proposed project is an acceptable transition use along the busy road corridor. 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 subject tract is currently zoned for neighborhood business as part of a medical park. The additon of residential units will provide a mixture of uses - the primary premise of the "community mixed -use" place -type as a long-range planning strategy. Board of Commissioners - August 2, 2021 Page 4 of 6 ITEM: 13- 7-C4onditional Zoning District Application — Updated 1 2-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ❑ This application form, completed and signed Application fee: Applicant Initial CeW ❑ • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CW ❑ Community meeting written summary CW ❑ Traffic impact analysis (if applicable) C/W ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CW Conceptual Plan including the following minimum elements: ❑ Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CW ❑ One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. CW ❑ One (1) digital PDF copy of ALL documents AND plans CW Board of Commissioners - August 2, 2021 Page 5 of 6 ITEM: 13- 7-&nditional Zoning District Application — Updated 1 2-2020 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 oppiying. 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 app'licant/ageni is hereby authorized on my behalf to. l . Submit on application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; and 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. Hormoze Goudarzi for WIPE Holdings, LLC Signature of Property Owner(s) Print Narne(s) Cynthia Wolf / Design Solutions Signature of Applicant/Agent Print Name Note; This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If at, 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. Page 6 of 6 Conditiona6 Zoning District Application - Updated 1 2-2020 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 6 7. Acknowledgement and Signatures y 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, Wormation, 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 supp4mental information and materials; 2. Appear at public hearings to give representation and comments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this applicat, Hormoze Goudarzi for Senca Properties, LLC Signature,ofj�Property yOw�neer((s)) Print Name(s) Signature of Applicant/Agent Cynthia Wolf / Design Solutions Print Name Note. This form must be signed by the owner(s) of record. If there are multiple property owners, a signature {s required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning websife will be required. Page 6 of 6 Conditional Zoning District Application — Updated 12-2020 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 7 Legal Description for 12.99 acre RMF-MH Conditional Zoning District Beginning at a point in the Southeastern boundary of Market Street (U.S. Hwy. 17), a variable width public right-of-way; said point being located North 49017'38" East, 172.88 feet from N.C. Grid Monument "Tee," located at coordinate N: 207631.681 / E: 2370385.203; as shown on a plat recorded among the land records of the New Hanover County Registry in Map Book 52, at Page 220; and running thence form that point of beginning: Along a curve to the left, having a Radius of 4068.96 feet and Length of 92.30 feet, a Chord of North 41054'16" East, 92.30 feet to a point; thence South 50003'42" East, 361.78 feet to a point; thence North 39056'18" East, 191.90 feet to a point; thence North 38038'04" East, 182.00 feet to a point at the current terminus of Senca Drive, a 60' private right-of-way; thence crossing that roadway, South 53042'40" East, 60.00 feet to a point; thence with the eastern boundary of Senca Drive, North 36017'20" East, 68.62 feet to a point; thence South 53042'40" East, 446.26 feet to a point; thence South 30051'30" West, 136.96 feet to a point; thence South 51011'56" East, 64.07 feet to a point; thence South 17032'27" West, 66.53 feet to a point; thence South 40050'26" West, 57.12 feet to a point; thence South 18031'57" West, 103.00 feet to a point; thence South 85043'02" West, 160.21 feet to a point; thence South 31058'20" West, 135.83 feet to a point; thence South 56018'49" West, 238.06 feet to a point; thence North 48034'51" West, 362.59 feet to a point; thence North 50003'42" West, 495.10 feet to a point in the southwestern boundary of Market Street; thence with that right-of-way, North 42033'16" East, 247.16 feet to the point and place of beginning, containing 12.99 acres, more or less. Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 9 0 DAVENPORT Scotts Hill Apartments Trip Generation Memorandum DAVENPORT Project Number 210239 Prepared for Comet Development May 19, 2021 This memorandum provides trip generation information for the proposed Scotts Hill Apartments site, to be located on east side of US 17 in New Hanover County, just south of the Pender County line. The subject site is part of the Scotts Hill Medical Park site, for which a TIA was previously completed by DAVENPORT on June 4, 2019. The purpose of this memorandum is to show that the trip generation of the updated land uses do not increase the trip generation of the site, and therefore the previously identified roadway improvements associated with this site should remain adequate. Figure 1 shows a sketch plan of the subject parcel, as well as the other three (3) parcels of Scotts Hill Medical Park. The site is accessible by two (2) locations on US 17: a future access located approximately 550 feet north of Creekwood Road, and by Scotts Hill Medical Drive which connects to the site via Senca Drive. There is currently a bollarded southbound left turn lane on US 17 to the future access, which will need removal of the bollards once the driveway is constructed. The subject parcel is proposed to consist of 256 apartment units, and two (2) outparcels. The land use of these outparcels is not yet known. For trip generation purposes, these were analyzed as 15,000 square feet of retail space. Table 1 below provides a comparison of the previously analyzed land uses and the updated land uses, based on information from the developer. Note that one parcel has been built to date, which is the Wilmington Eye medical office building ("Lot 2" in Figure 1), with a floor area of approximately 23,400 square feet. 1 ComparisonTable - Land Use Previous (June Difference (Updated Land Use Variable 2019 TIA Updated Minus Previous General Office 1000 GFA 132.0 45.2 -87 Medical Office 1000 GFA 18.0 23.4 +5 Shopping Center 1000 GLA 32.0 15 -17 Retail Pharmacy (Drive -Through 1000 GLA 9.0 9.0 0 Window Apartments Dwelling Units 256 +256 Table 2 shows the previous trip generation from the June 2018 TIA. This establishes a trip generation "budget" against which the new land uses could be compared. Table 3 shows the trip generation results for the updated land uses, as well as the net difference between the new and old trip generations. Trip generation was computed based on rates and equations from the ITE Trip Generation Manual 10t" Edition, in accordance with NCDOT Congestion Management standards. 5/19/2021 210239: Scotts Hill Apartments — Trip Generation Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 10 0 DAVENPORT 2 - Previous Trip Generation 2019Table (June Scott's Hill Medical Park Full Build Average Weekday Driveway Volumes 24 Hour AM Peak Hour PM Peak Hour Two -Way Land Use ITE Land Size Method - Volume Volume Enter Exit Enter Exit Code e General Office 710 132.0 1000 GFA Generator/ 1,389 187 25 38 173 Equation Medical Office 720 18.0 1000 GFA Adjacent/ 626 39 11 17 45 Rate Shopping Center 820 32.0 1000 GLA Adjacent/ 2,770 104 64 112 122 Retail Equation Pharmacy Adjacent/ (Drive -Through 881 9.0 1000 GLA 982 18 17 46 47 Window Rate Office -10 -4 -11 Retail IF00 -9 -9 -3 • . • -• • Shopping Center 0% AM, 34% PM 0 -38 -38 Pharmac 0% AM, 49% PM 0 -22 -22 Updated Scotts Hill Apartments Average Weekday Driveway Volumes 24 Hour AM Peak Hour PM Peak Hour Two -Way Land Use ITE Land Size Method - Volume Volume Enter Exit Enter Exit Code e Apartments 220 256 Dwelling Adjacent/ 1,895 27 90 86 50 Units Equation Pharmacy 1000 Adjacent/ (Drive -Through 881 9•0 GFA Rate 982 19 16 47 46 Window Medical Office 720 23.4 1000 Adjacent/ 814 51 14 23 58 (Wilmington Eye) GFA Rate General Office 710 45.2 1000 Generator/ 491 73 10 21 94 GFA Equation Outparcels: Retail 820 15 1000 Adjacent/ 1,655 99 60 64 69 GLA Equation UnadjustedTotal .• 190 Difference (New Minus Previous Trips) +70 -79 +73 +28 -70 LUC 820 General Retail 0%AM, 34% PM 0 0 -18 -18 LUC 881 Pharmac with Drive-Thru Window 0%AM, 49% PM 0 0 -19 -19 Total- Peak Reduction Adjusted1jr-W Total i OFNet Difference (New Minus Previous Trips) 1�n ff-76 +5 +81 +18 -93 -75 5/19/2021 210239: Scotts Hill Apartments — Trip Generation Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 11 0 DAVENPORT The results in Table 3 show a slight increase in 24-hour trips (+70), a slight increase in net AM peak hour trips (+5), and a significant reduction in net PM peak hour trips (-75). The June 2019 TIA identified roadway improvements that would be required for the Scotts Hill Medical Park development. The current trip generation shows that the proposed uses have a comparable or lower trip generation than the previous TIA. As a result, the previously determined roadway improvements are expected to remain adequate. Please let us know if you need additional information. Sincerely, fL, �� Nick Liguori, P.E. nliguoriCcD-davenportworld.com 804-554-0910 � xSytOUhrgtos s�5/19/21 E� 08 mil. Fs T 4- .0 FOrIlre'P" 5/19/2021 210239: Scotts Hill Apartments — Trip Generation Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 12 'y'�1y r�•.�r i f h A +��,�'•A, w r / S } SCOTFS MIL✓_ Nf1=AICAC bRdVfi , LOTJ �\ STORMNATER i }• I I — — � I� I ;, L id\ 1 � POND TRACT _ A II I �—v "I I se uwre' 1 OUTPARCEL #1 1.55 AC 11' r I I I•� f �.� gal -.I OUT PARCEL #2 III _ L - �.%�_ � ! � ✓.` ,�� Jam'_. -I l / J 1 e� ppRKINC V �i 6.M1RpGE 9PP—CE96—NOWN 1�6OAT SPACES SFIO'.VN P—PESER J� j F�— 2 I ' r MOLAM VDAND 1 car z �51 ;MULTI FAMILY YNCLDING WETLAND'-� '19.03ACt�:� a_ I J J J_ N rr z �o D � Q `t V w� zo I k � I 7 7-7 — V ti 111,71T lit I < u FIGURE 1 NEW SKETCH PLAN Board of Commissioners - August 2, 2021 LOCATION FLAP I Vown _-RHA@gr-f &02.1C Np 1 , ' II I � / / r 12PA—Z..dR,S 1 If j I \, OEWn®1 Rft=ing Condkiow. Phan 7 CALt]IdC - '9od6161YYld ARp /! )) /� { / ' LOTS 2.89Ac .}IE j \{ I �•..r. �ur..uer. n�.. a.lral .:�e..ce.— �f' s.®,.„. wr..wc�v ),. _ �w+ --------------,nal+mr(a.&1i(p'- -- •``"f -; - _ --------------- f - a�r11 - ---------- 1 W -- - _ JJ _F��,��-�_•,` i s711EET' ��• „ i3 ; I. t� 7 l smom®wm.. � ��s°�.r� n w Fbttl Ffi C w•.•. �r � ' Bn&&WD � s�a�� EuTdi�E ld 4� f j EZ L07.1� 22SAa •} � 44eaod I R FCtR121Aa 221A0. I w • • g . x • n'Y.... , . ' IJI L_ _,_ - _ �f imna wwnwa.oan� I I _ . u wYew.w i e f 13 I .mm.YYm„mwwionmwm.mm.ww.w„ Ywwww.wa..r� ww..Yrrre.mw.a rx �1 L________ ___ ______� __ - - ___ _�'samow _-,� -_-__ a r �� r Yw ��_wn•u60rw.atiraw_ a�� I z.av I n I Pflftlil@PFrreY �a� ___--___- _`_ _ � -_ I_ I -' wacaoawra� 1��' n�erw�i•Y�ir"1e _ _ ___ ]aBgAc _ ___-_ ___-____ a _ __ ' _ JI ' I I nwe. f .wiwr.n.senwrvY.. em�i a�oa•—mu� ...nowuo.xanvwrc.wown U.S. HIGHWAY i � ------- ------- �-- -- �m �,... 12'WMTn 0 F wIw„oawu �wrxemvu � STREET A gym. ,anw.aoxeaaea..nn�� FIGURE 2 PREVIOUS SITE PLAN araNLl.Iwrrt.wrtr SCOTTS HILL MEDICAL PARK B-1 (CD) ZONED AREA tH��Ggp. ry WPE HOLDINGS LLG 1111 NEW HANOVER 11EOICAL PARK WIIMI1g0Y„, KC. MOM p!� __ I LS3816 - x,( KttT ER DESIGN SERVICES P.A. 1 REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Comet — Scotts Hill — a Multi -family Residential Community Proposed Zoning: B-1 & R-15 to (CZD) RMF-MH The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site layout for the above proposed zoning application was sent to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on May 12, 2021. The mailing gave the recipients opportunity to contact the developer with questions or comments via telephone or email. Copies of the written notice and the site layout exhibit are attached. The persons responding were: Reference attached list of contacts received from calls and emails. Opposition generally focused on concerns of increased traffic and the belief that the specific use was not compatible with the single-family community in the vicinity. Transcripts of the dialogue and responses provided are attached. Date: June 1, 2021 Applicant: Design Solutions By: Cindee Wolf Board of Commissioners - August ITEM: 13- 7 - 15 Community Information Comet - Scotts Hill Apts Name Address Email (Optional) Conrad Lowman 8871 Stephens Church Rd clowman@ec.rr.com Maria Bach etal 8976 Cobble Ridge Dr maria.bach@ncfbins.com Tom Stevens Scotts Hill Village HOA tomstevens@topmail.com elizabeth@premiermanagementnc.com jfox@lefmana�ement.com Darlene (Renjulie?) 1053 Pandion Dr Tel. 862-259-1634 Spruill Thompson on behalf of Ruth Nixon Family 8908 Market Street Spruill@capefearcommercial.com Luke & Ashley Williams 1003 Pandion Dr lukeswilliamsl7@gmail.com Dianne Metz 8960 Cobble Ridge Drive metzez@msn.com Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 16 moiWobodemar.biz From: cwolf@lobodemar.biz Sent: Friday, May 14, 2021 10:59 AM To: 'Maria Bach' Cc: 'elizabeth@premiermanagementnc.com'; 'jfox@jefmanagement.com' Subject: RE: Scott's Hill Proposal: "Comet" Attachments: Info Exhibit.pdf Ms. Bach etal, This community would be all rental -based, at market -rate, but the units are a more up -scale apartment style. That is a housing product lacking in the northern section of the County. The mixture of uses is exactly what the County's Comprehensive Land Use Plan intended and encourages along the busy highway corridor. The primary access will be from a driveway directly from Market Street, obviously a major thoroughfare, at the southern boundary of the tract — as shown on the plan provided. There will be a right turn lane for the north -bond traffic, and a signalized left -over turn for the south -bound. Since the subject area is already zoned for commercial use(s), the traffic impact analysis previously approved has been reviewed and the result in the change to housing is negligible. The original required roadway improvements stand as appropriate for mitigation of the overall traffic. The project will also have inner -connectivity via Senca Drive to Scotts Hill Medical Drive, but I see no impact whatsoever to Pandion Drive. Wilmington does have a diverse demographic. You made no mention of retirees — also a prevalent influx to our County. Apartments around town have an extremely high occupancy percentage, and this location is extremely attractive to both Wilmington and the expanding Hampstead area. The medical park facilities are certainly an asset, too. Yes — site inventory research is a part of the entitlement process. All wetland areas are being preserved — providing an extremely wide buffer to even the undeveloped school property, and transition of uses back to the Scotts Hill Village community. I'll discuss the aspect of having an actual meeting with the developer, but feel that we can answer further questions just as easily in this format. Your contact and comments will be included in the report that accompanies the submittal. Thank you for your interest. Cindee Wolf Tel. 910-620-2374 From: Maria Bach <maria.bach@ncfbins.com> Sent: Friday, May 14, 2021 9:59 AM To: cwolf@lobodemar.biz Cc: elizabeth@premiermanagementnc.com; jfox@jefmanagement.com Subject: Scott's Hill Proposal: "Comet" Ms. Wolfe, I am a resident of Scott's Hill Village and the proposed rezoning will directly impact my community and potentially impact its growth making it a less attractive option. 1 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 17 I have questions that other residents and myself have previously posed to other developers trying to pitch the same idea. Will these be purely 'rental' units or buyer owned? Why not Townhomes which attract a more permanent resident base? What ingress/egress points does the proposed complex intend to use? —Pandion Drive is already heavily trafficked with our own rapidly growing development. Has a traffic impact analysis been performed? If so, will this development request additional traffic signals installed? What is the target demographic here? What is the evidence to suggest there is a need for additional apartments in our market? Wilmington is not exactly an up and coming Market for young professionals. Employment is limited to service, hospitality, some medical professions and labor. Are the developers aware of Native American artifact sites in our surrounding lands? I thank you in advance for your time and I look forward to a meeting in person considering COVID protocols have eased and a gathering can be held outdoors. Maria Bach 8976 Cobble Ridge Drive Wilmington, NC 28411 2 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 18 moiWobodemar.biz From: cwolf@lobodemar.biz Sent: Wednesday, May 26, 2021 1:21 PM To: 'Luke Williams' Subject: RE: No To Apartments at Scott's Hill Attachments: Dual Right Turns w_Signal.pdf Got it. So you are actually in Pender County. Yes -I feel sure that exit is probably somewhat difficult at this time. However, are you aware that there are plans in the near future, and prior to any additional development of the "Medical Park" to provide a left -over & traffic signal at that intersection so that exiting vehicles will have controlled movements? There will be dual right turns to travel North and / or to the U-turn. That will certainly alleviate the current back-ups. -----Original Message ----- From: Luke Williams <lukeswilliamsl7@gmail.com> Sent: Wednesday, May 26, 2021 12:13 PM To: cwolf@lobodemar.biz Cc: Seth Coker <scoker@cometdev.com> Subject: Re: No To Apartments at Scott's Hill Hello Cindy, We frequently use the turn into the medical center which would become an entrance to the apartment complex. The opposition is due to the already congested traffic around that area and adding 250 apartments (-3-500 residents) would have a significant impact. Our address is 1003 Pandion Drive for your records. Best, Luke > On May 26, 2021, at 11:09 AM, cwolf@lobodemar.biz wrote: > Mr. & Mrs. Williams, > We appreciate your comments, although I fail to see how an up -scale residential complex - simply an alternative housing style - along the highway frontage with two direct accesses from Market Street, and separated by a wide permanent conservation area and the school, would have any effect on your neighborhood? > Your email will certainly be included on the report of community information efforts. > Could you please share your address for the record? > Thank you, > Cindee > -----Original Message----- * From: Luke Williams <lukeswilliamsl7@gmail.com> > Sent: Wednesday, May 26, 2021 5:41 AM > To: cwolf@lobodemar.biz > Subject: No To Apartments at Scott's Hill 1 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 19 > Hello Cindee, > My wife and I received the transmittal regarding the new Comet apartment proposal near the medical facility. We are extremely distraught at the idea of putting in 250 apartments since we specifically moved to this area to get away from the abundance of people. Scott's Hill Village, though slowly growing, is a small close knit neighborhood and having mainly transient apartment dwellers will change the atmosphere of the entire neighborhood. > I hope this message helps in deciding not to approve the zoning change. > Thank you, > Luke and Ashley Williams 2 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 20 moiWobodemar.biz From: cwolf@lobodemar.biz Sent: Tuesday, May 25, 2021 4:56 PM To: 'Tom Stevens' Subject: RE: Scott's Hill Proposal: "Comet" Attachments: TRIP GEN MEMO 5-19-21.pdf Hot off the presses. This is the actual TIA update memorandum from the Traffic Engineer, and does show the adjusted figures. From: Tom Stevens <tomstevens@topmail.com> Sent: Monday, May 24, 20219:23 AM To: cwolf@lobodemar.biz Subject: RE: Scott's Hill Proposal: "Comet" Thank you! Please include the traffic impact analysis you referred to when you can. Tom From: cwolf@lobodemar.biz [mailto:cwolf@lobodemar.biz] Sent: Monday, May 24, 20219:16 AM To:'Tom Stevens' <tomstevens@topmail.com> Cc:'M Bach' <mcpbach@yahoo.com>;'Seth Coker' <scoker@cometdev.com> Subject: RE: Scott's Hill Proposal: "Comet" Tom, I will copy you with the actual submittal when it is made on June 15t, and I feel sure you will no doubt transmit the information to your association by email. With all due respect, development of this tract with residences instead of the many businesses and / or other uses that are already permitted by right should have little, if any, impact on that neighborhood fairly far removed. Scotts Hill Village residents have both Scotts Hill Medical Drive or Scotts Hill Loop Road for their traverse to & from. Although both they & this development will need to use the U-turn at Scotts Hill Loop for travel South, this project will have its own right -in & left -over access at the south end — as provided by the original Traffic Impact Analysis. Regards, Cindee From: Tom Stevens <tomstevens@topmail.com> Sent: Friday, May 21, 2021 9:29 AM To: cwolf@lobodemar.biz Cc: M Bach <mcpbach@vahoo.com> Subject: RE: Scott's Hill Proposal: "Comet" Thank you. 1 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 21 I am looking over present documents but do not yet have any further questions except one. Might you happen to be planning to exceed regulations and notify residents of Scotts Hill Village and those on or intersecting o Creekwood Road? I think they all would appreciate the proposed change to the neighborhood. Tom From: cwolf@lobodemar.biz [mailto:cwolf@lobodemar.biz] Sent: Friday, May 21, 20219:15 AM To: tomstevens@topmail.com Subject: RE: Scott's Hill Proposal: "Comet" Mr. Stevens, I understand there was some confusion over the public hearing process for the proposed rezoning, but that Ken Vafier with the County explained. Are there other questions you have that I might be able to assist with? Cindee Wolf Tel. 910-620-2374 From: cwolf@lobodemar.biz <cwolf@lobodemar.biz> Sent: Friday, May 14, 2021 11:03 AM To:'tomstevens@topmail.com' <tomstevens@topmail.com> Subject: FW: Scott's Hill Proposal: "Comet" Yes Sir. I will include your contact in any future transmittals, and the report. Thank you. From: cwolf(@lobodemar.biz <cwolf@lobodemar.biz> Sent: Friday, May 14, 2021 10:59 AM To: 'Maria Bach' <maria.bach@ncfbins.com> Cc: 'elizabeth@premiermanagementnc.com'<elizabeth@premiermanagementnc.com>;'jfox@jefmanagement.com' <jfox@lefmana�ement.com> Subject: RE: Scott's Hill Proposal: "Comet" Ms. Bach etal, This community would be all rental -based, at market -rate, but the units are a more up -scale apartment style. That is a housing product lacking in the northern section of the County. The mixture of uses is exactly what the County's Comprehensive Land Use Plan intended and encourages along the busy highway corridor. The primary access will be from a driveway directly from Market Street, obviously a major thoroughfare, at the southern boundary of the tract — as shown on the plan provided. There will be a right turn lane for the north -bond traffic, and a signalized left -over turn for the south -bound. Since the subject area is already zoned for commercial use(s), the traffic impact analysis previously approved has been reviewed and the result in the change to housing is negligible. The original required roadway improvements stand as appropriate for mitigation of the overall traffic. The project will also have inner -connectivity via Senca Drive to Scotts Hill Medical Drive, but I see no impact whatsoever to Pandion Drive. 2 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 22 moiWobodemar.biz From: cwolf@lobodemar.biz Sent: Monday, May 31, 2021 6:16 PM To: 'Dianne Metz' Subject: RE: Comet-Scott's Hill Ms. Metz, A traffic impact analysis was completed for the entire Scotts Hill Medical Park development. Since that masterplan is not fully built -out, there are still some improvements pending as additional uses are added. The most important one as it would relate to your neighborhood's Pandion Drive, is that a signalized "left -over" median break is imminent at the Scotts Hill Medical Park Drive intersection with Market Street. When that is in place, it will provide an alternative access into the medical park and presumably relieve some of the traffic that is forced to use Scotts Hill Loop Road now. Also, the existing "left -over" just north of Creekwood Road - that has already been installed, but not opened - will be put into use for the primary access into this residential complex. The subject property included in this rezoning petition is already zoned for business uses - including but not limited to general office, more medical office, shopping center and pharmacy with a drive-thru. The apartments are being proposed in substitution of some of those uses, and the difference in the vehicular trip generation is negligible - but the additional improvements being installed should mitigate the traffic issues that you've described. We appreciate your interest, and your contact has been included in the report of community information efforts. I'll will be happy to copy you with the full submittal package when it has been accepted by the County. Regards, Cindee Wolf Tel. 910-620-2374 -----Original Message ----- From: Dianne Metz <metzez@msn.com> Sent: Monday, May 31, 2021 1:02 PM To: cwolf@lobodemar.biz Subject: Comet-Scott's Hill I'm a resident of Scott's Hill Village and am very concerned about the apartment complex that you are proposing. The traffic on 17N is already congested and difficult to navigate and your complex would only add more of a traffic congestion. So what is your plan to help remedy this? I challenge you to drive 17N anytime between 3:30-4:30 pm, in case you've not experienced this nightmare! How would your complex impact the water and water pressure in our area since it's presently being impacted by the expansion of our own community? Dianne Metz 8960 Cobble Ridge Drive Sent from my iPhone 1 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 23 Ln 3 C cr T4 LM rA r-4 N r-4 0 r-I 0 00 to co N rq U KrJ U Z z CL LU LU *i (N 2: DI ILI TA r'j :::-7 > R: f - j 4 < rq F'j ry ILI Ld ;M. " kD U N U rij LLJ N X zi z of 0 00 yr OfoNn co cli Ld LU < z tJ U z wUi z 0 0 to Z w w wa) 00 co 2 Ln rJ CD ell to V1 0 M I'm - to Q, Q� j 00 rA to C3 0 N r4 4 N to of tX I Z 19' 64 rt I �.t it w U. LLs r-4 ki 1.4 co Iry 1-4 Z X EJ Ull rA rq ;a ch 40 tq V4 rn fA 14 %e t� ed Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 24 Al FRI 01 Fm- 13 13 13 13 'pr\ Fs- FE- w ro- 181 Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 25 500' BOUNDARY PERIMETER / ADJACENT OWNERS MAILING LIST OWNER NAME MAILING ADDRESS BECKFORD CAROLE G EVON W 270 RONBRU DR BORDEAUX DEMETRIUS 0 SR ETAL 207 CREEKWOOD RD BORDEAUX DEMETRIUS 0 SR TIMICKAJ 207 CREEKWOOD RD BOYD RONALD L SR KATHY H 224 SIMMONS DR BOYDD BOBBY LEA DEBORA L 9021 STEPEHNS CHURCH RD BRINKLEY ADAM DOUGLAS NICOLE M S730 MARKET ST BRINKLEY ESTON C KATIE B 5730 MARKET ST BRINKLEY ESTON C KATIE B 5730 MARKET ST CHURCH OF THE GOOD SHEPHERD 515 QUEEN ST COASTAL PREP ACADEMY FOUNDATION 1135 PANDION DR COASTAL PREP ACADEMY FOUNDATION 1135 PANDION DR FULTON DARLENE ETAL 109 YORKSHIRE LN GOLDER PROPERTIES LLC GOLDER PROPERTIES LLC GOLDER WILLIAM W JR ETAL GREENE IRVING R ETAL GREER JACQUELINE ANN HARRIS KATRINA NIXON HINES VANESSA E NEW HANOVER COUNTY NEW HANOVER COUNTY NIXON ALONZA DEBBIE R NIXON BARBARA NIXON DON E NIXON GEORGE JR NIXON KATHLEEN M NIXON RUTH M NOVANT HEALTH NHRMC PARKER ANTWANE L PRIDGEN LEROY HEIRS ROBERTS CAROL A RP18 SCOTTS HILL LLC SBS II LLC SCOTTS HILL ROAD ASSOCIATION INC SEAGREEN LLC SENCA PROPERTIES LLC SHEPARD EDITH HEIRS SIDBERRY ODELL HEIRS SIMON TIMICKA J SPICER ELEANOR B TYRE ANITA MOORE VALSI MONICA LYNN WPE HOLDINGS LLC WPE HOLDINGS LLC WPE HOLDINGS LLC WPE HOLDINGS LLC PO BOX 502 PO BOX 502 PO BOX 502 PO BOX 421 8937 STEPHENS CHURCH RD 8924 MARKET ST 205 CREEKWOOD RD 230 GOV CENTER DR STE 19C 230 GOV CENTER DR STE 109 111 CREEKWOOD RD PO BOX 1307 103 BERRY ST 211 CREEKWOOD RD 113 CREEKWOOD RD 1033 CRANFORD DR PO BOX 1649 8805 STEPHENS CHURCH RD 635 CREEKWOOD RD 8221 SAGE VALLEY DR 160 CANYON CREST DR W STE 2 1729 NEW HANOVER MEDICAL PARK DR 1729 NEW HAN MEDICAL PARK DR 6 CLUD RD 1721 NEW HAN MEDICAL PARK DR 8951 STEPHENS CHURCH RD 112 EDGEWATER CLUB RD 207 CREEKWOOD RD 209 CREEKWOOD RD 8981 STEPHENS CHURCH RD 20 NORTHWOOD DR 1721 NEW HAN MEDICAL PARK DR 1721 NEW HAN MEDICAL PARK DR 1721 NEW HAN MEDICAL PARK DR 1721 NEW HAN MEDICAL PARK DR CITY / STATE / ZIP NEW ROCHELLE, NY 10804 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28405 WILMINGTON, NC 28405 WILMINGTON, NC 28405 WILMINGTON, NC 28405 WILMINGTON, NC 28401 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28409 WRIGHTSVILLE BCH, NC 28480 WRIGHTSVILLE BCH, NC 2848C WRIGHTSVILLE BCH, NC 2848C CASTLE HAYNE, NC 28429 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28403 WILMINGTON, NC 28403 WILMINGTON, NC 28411 GREENBELT, MD 20768 CASTLE HAYNE, NC 28429 WILMINGTON, NC 28405 WILMINGTON, NC 28405 WILMINGTON, NC 28411 WILMINGTON, NC 28402 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 ALPINE, UT 84004 WILMINGTON, NC 28403 WILMINGTON, NC 28403 RYE, NY 10580 WILMINGTON, NC 28403 WILMINGTON, NC 28405 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28405 WILMINGTON, NC 28403 WILMINGTON, NC 28403 WILMINGTON, NC 28403 WILMINGTON, NC 28403 SITUS ADDRESS 8909 OMIE LN WILMINGTON 121 CREEKWOOD RD WILMINGTON 115 CREEKWOOD RD WILMINGTON WILMINGTON 9021 STEPHENS CHURCH RD WILMINGTON 8985 STEPHENS CHURCH RD WILMINGTON 8971 STEPHENS CHURCH RD WILMINGTON 8973 STEPHENS CHURCH RD WILMINGTON 205 CREEKWOOD RD WILMINGTON 1135 PANDION DR WILMINGTON 103 CREEKWOOD RD WILMINGTON 9001 STEPHENS CHURCH RD WILMINGTON 9015 STEPHENS CHURCH RD WILMINGTON 9009 STEPHENS CHURCH RD WILMINGTON 225 CREEKWOOD RD WILMINGTON 8937 STEPHENS CHURCH RD WILMINGTON 8924 MARKET ST WILMINGTON 205 CREEKWOOD RD WILMINGTON WILMINGTON 221 CREEKWOOD RD WILMINGTON 111 CREEKWOOD RD WILMINGTON WILMINGTON 8929 STEPHENS CHURCH RD WILMINGTON 211 CREEKWOOD RD WILMINGTON 113 CREEKWOOD RD WILMINGTON 8908MARKET ST WILMINGTON 9110 MARKET ST WILMINGTON 231 CREEKWOOD RD WILMINGTON 235 CREEKWOOD RD WILMINGTON 310 VICTORIA CHARM DR WILMINGTON 9020 SENCA DR WILMINGTON 9104MARKET ST WILMINGTON 8959 STEPEHNS CHURCH RD WILMINGTON 8951 STEPHENS CHURCH RD WILMINGTON 8923 STEPHENS CHURCH RD WILMINGTON 207 CREEKWOOD RD WILMINGTON 209 CREEKWOOD RD WILMINGTON 8981 STEPHENS CHURCH RD WILMINGTON 301 CREEKWOOD RD WILMINGTON MARKET ST WILMINGTON 9010 SENCA DR WILMINGTON MARKETST WILMINGTON 9000MARKET ST WILMINGTON Design Solutions Transmittal May 12, 2021 To: Adjacent Property Owners From: Cindee Wolf Re: Comet — Scotts Hill / an Apartment Community My clients are interested in developing a new residential community on lands within the proximity of your property. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. An exhibit of the project layout is enclosed. The County requires that the developer notify the property owners within a 500'-adjacency to the project and hold a meeting for any and all interested parties. This is intended to provide neighbors with an opportunity for explanation of the proposal, and for questions to be answered concerning project improvements, benefits, and impacts. Due to the current COVID-19 issue, however, a meeting cannot be held at this time. In lieu of that, you can contact the land planner, Cindee Wolf, with comments or questions at: Telephone: 910-620-2374, or Email: cwolf@lobodemar.biz All contacts, comments, concerns, and recommendations must be recorded in a report delivered to the County along with the rezoning application. Prior to this project being reviewed by the Planning Board & Commissioners, you will receive subsequent notices of the agendas directly from the County. Those meetings provide public hearings for comment on any issues pertinent to approval of the proposal. We appreciate your interest and look forward to being a good neighbor and an asset to the community. P.D. 13ox 7221, WilwkiKgton, NC 2.8406 * Telepkone: 910-62-0-2374 * Email: cwolf@lobodevvnar.biz Board of Commissioners - August 2, 2021 ITEM: 13- 7 - 27 M 1 C •s. �� ip j! 1- 64 fib: - W0a i $ 4 a . a eyy, PROPOSED SITE PLAN Board of Commissioners - August 2, 2021 ITEM: 13- 8 - 1 ♦ ♦. �"� . / irVf WPE Holdings, LLC / D.B. 5305-2428 i Zoning: 15-1 Land Use: Vacant a� �%s Clubhouse Amenity Center / �% �® Pool n/f Katrina Nixon \ Harris D.B. 5956-2834 Zoning: P.-1 5 Land Use: Residential Tree Preservation Notes: I . Tree Preservation / Removal Permit is required prior to clearing t- land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing is to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Label protective fencing with signs to be placed every 50 linear feet, or at least two (2) per area, in both Engllsh Spanish "Tree Protection Area: Do Not Enter." Fire * Life Safety Notes: I . New hydrants must be available for use prior to construction of the buildings within any development. 2. Hydrants must be located within 8' of the curb. 3. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. 4. Contractor shall maintain an all weather access for emergency vehicles at all times during construction. 5. A minimum of 5' shall separate underground fire lines or private water mains from other underground utilities. G. Underground fire line �- private water mains must be permitted � mspected by the Fire Dept. from the public right-of-way to the building. 7. Construction Type - 55 8. Residential buildings will be sprinkled. 9. The FDC must be within 1 50' of a fire hydrant within 40' of fire apparatus placement. 10. Landscaping or parking can not block or impede the FDC or fire hydrants. A 3-foot (3) clear space shall be maintained around the circumference of hydrants and `DC. I I . Installation of security gates across a fire apparatus road of parking lot shall be approved by the fire department. 3-Story / 24-Units %42 /01 R� 49 \ \ S \ n/f \ New Hanover %%\\\ County \ \ D.B. 498-37 \ Zoning: R- 15 \ Land Use: \ Vacant `% \ 40 \ 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. Utility Notes: I . Existing water and sanitary sewer services are currently available to the site from Cape Fear Public Utility Authority public mains. 2. All utility services, such as electric power, CATV, gas � telephone shall be installed underground. 3. All water * sewer utilities to be installed per CFPUA Technical Specifications * Standards. 4. solid waste disposal will be by private contracted dumpster pickup. 5tormwater Management Notes: 1. 5tormwater management will meet County � State requirements. Total limits of disturbance are greater than one ( I ) acre. A New Hanover Co. Grading / Erosion Control Permit will be req'd. \\ �\ / of Church of the Good Shepard �R8° D.B.2683-584 L J6. Zoning: R-1 5 Land Use: Vacant g`98 j site Inventory Notes: °\31 1. Soils: Ke (Kenansville fine sand) 1 2% ± Kr (Kureb sand) - 29% ± Ly (Lynn Haven fine sand) 22% ± Le (Leon sand) 2% ± Mu (Murville fine sand) 28% ± Wa (Wakulla sand) 7% ± 2. This property is not impacted by any AEC. 3. The delineated wetlands are considered to be a "Swamp Forest" Conservation Resource * have been buffered. 4. This site will be reviewed for any recognized historic or or archeological significance during detailed design $ permitting. 5. No cemeteries were evidenced on the site. G. Existing trees within the development area are comprised primarily of Loblolly Pines f- non--`51grnficant" regulated hardwoods. No "heritage" trees have been identified. A certified tree survey will be completed prior to the detailed design $ permitting process. Regulated $ significant trees can only be removed for essential site improvements. Significant trees, necessary for removal, will be mitigated. 7. Jurisdictional wetlands have been delineated on the site. No impacts or fill permitting are proposed. 8. There 15 no evidence of endangered species or habitat issues on the site. 9. This tract 15 not impacted by any special Flood Hazard Area as evidenced on N.C. Flood Map 37203260000K, Dated August 28, 2018. 10. The site runoff will flow into the Futch Creek Watershed. n/f \ / 5135 II, LLC / D.B. 6254-1800 \ / �� Zoning: B-I ` n/f Land nt : ♦ � `� 0 Novant health - w E New Hanover Regional 5 G6 D.B.6406-2496 O j / \ ZoniJ5e: \ ` Land Use: % Medical 1- 140 ♦ / 61) WPE Holdings, LLC ♦ D.B.5305-2428 / ♦ Zoning: B-I / Land Use: Vacant Vicinity M a p ti 1 �1� \ 1 (No Scale) S6S F 0O�;70, \ Connect � \ ` to existing \00 J.oad stub \ \ \ o s\ \ , S v �' , S3° C \ O 42 \ 0 4 4-Story / 56-Units ` /y%n/f \ Novant Health - / \ .� \ / / ` \ New Hanover Regional \ D.B. 6406-2496 for wa or \ / Zoning:0C Land Use: Pon in \\ �j Medical ��a �•�`� \ �N \ Prl e r a \ em O m:1 I � _N1 oh S \ J. �o w) %% 150 8 w % \\ 0�0\° E / .� ,�, �S\\c4> 4-5tory 48-Units, \ \ o \A , \\ �� I / �/ / / v I v I w w w w. w w w w w w /w u• w w w w *v w w \- w w w w w w w w ..... \ /i i0 / /71 �m�@� - I � �//// / w � / w w w w w� v. v✓ /^' a� w w ( \w v� w w / �� / 0�. � _ - - � - I / I/ l I / •. / / w /w w w w. w .w �. w w w w�/ w� �w w w w 'w �L w .yi• \ w� .u� `s 14xw w w /w_ � � v� _ � � w / w w /w gol V 18w� w w- w w/ w w w w w w w w /w" w wI w w w. w w .w \w �' \\ i Iw / w w / w w w w w w w w w w w I w w w w w w w l w''• w w �✓/ w / `� � / / � � _ � / I /:i- I w 7U w. w w w w w I .- ,✓ w w w. w w � ~ Wetlands NaturaJLFeatutew w w w w w l w w w I w••' I I \ �� w /g �' 4` 2 ac.± w I w w w w w w�= A w I / \ I wI w / w w w w w w/ w \u 1 I � w/ Q / /w w I w w w w w w w w w w w \w m /may/ �/ w w. w/ w �� / / 2� X mill l I w w w w w. w w w iiill / �0 */ l/ / / l � O 1 n/f / E5oundaP9 / //// / v w w w w w w w w w w vw w/ w w /w w Z1 Coastal Preparatory Academy Foundation, LLC �i 1 w D.B. 6234-2262 / 4-Story Zoning: R- 15 56-Units / ti w w p/ w w w/ w w w w /u� /w w w w w w w w w w �w w j n/f / Land Use: / `/J \ w\ w \w w/ w w w w w\.w w w w w w w w w �II w w w /.l�w w COaStal Preparatory School \ w . w w w w W \/ / r�� \ \ •D� \ W\ w W W w /W W W w w w W + +1• /-, A wl w � w wl/ w w w w w w \) w w w w v;---v-�` . /w w /� � w Academy Foundation, LLC �� w� w\ �. Iw w w I .� w w w w w � w w �.� -w w w w ,w, �/ .d Q w\ w I w wIw w /v w w w w wl w w /w w �✓-w �.,iL �e/'w /S D.B. 6234-2262 _XX.i/ w w w w w w w `, - f-/ w w w w •✓ w ' \ w� wl wl w I w w w i w ! - - General Notes w w / Zoning: R 1 5 G : Land Use _ exstng / _ / / l w Iw w w I w w ` w \ w w w w w% w /w w vacant I . New Hanover County Parcel Nos.: 3 3�G CjC�� p/o 327005. 1 7.0649 [R02900-002-068-000] \ 327005, 1 7.5590 [R02900-003-032-000] / L w1 w\ \w \w w w w w W w w w/ w l��• � V / Z/ �0) : �- �� - w W \ w \ - `- w / / V'( 2. Total Tract Area: 19.04 ac.± � w w w w w wy w wO20`� / , w - _ _ . - 6 \G Zonin Tract Area = 12.99 ac.± w w w/ w w w w /w I w w w �/ w /'~-- - 56 \�� / g ' / �� / w w vw w w w/ w/ �v w v/w •' I � \l 3. Existing Zoning Districts: 13-1 � R- 15 Note - All security and decorative lighting Proposed Conditional Zoning District: RMF-MH shall be located so as not to shine or reflect N 1 w www w www w www w www w w / l w /w w/ J` direct) onto an adjacent residentialproperty. Y Y J 4. CAMA Land Classification: Transition \ \N1\O�W w w w w w w w w w w w w w /w / w „/w �� aPreliminaryDevelopment Data: p 5. Comprehensive Land Plan Place -type: Active G� / w w w w w w w w w w /w www / Community Mixed -use / \ i Gross Tract Area - 19.04 ac. Surface Coverage: Rec Area Rooftops - 98,700 s.f.± v w w w Performance Density - Pavement - 1 72,900 s.f.± 12.99 ac. @ 25 units/ac. (RMF-MH Density) = 325 Patio � Walks - 35,200 s.f.± w� W E '�..• w w w w w &05 ac. @ 2.5 units/ac. (R- 15 Density) = 15 Total - 306,800 s.f.± (37.0%) I wwww �� Total Units Permitted - 340 Passive RecAreas 25G Units Proposed = 13.4 units/ac. ** � Open Space - Natural ° 1 9.04 ac. X 20% = 3.G I ac. required r Features_ ` / � Building Height - (2) Two-story @max. 25' Natural Features - qG.0 ac.± Graphic Scale of \ \ ^ ; (4) Four-story @max. 50' 1 (I 00% R- 15 district W/ Wetlands) \ �3 �� Parking - Active Recreation Area - 0.8 ac.± - 60 40 20 0 30 60 20 New Hanover \ \ I o �o Open Yards - 1.5 ac.± _ - _ `� \ o Min. req'd @ 120 - I BR X 1 .5 sp/unit = 180 spaces County \ a / Min. req'd @ 136 - 2+15R X 2.0 sp/unit = 272 spaces Total Open Space Prov'd. - 8.3 ac.± (44+%) D.B. 498-37 ti \ \ v Total Min. read spaces = 452 Fes° Zoning: R-1 5 26%„ 32 - J / ** Total 469 Spaces prov'd. *' Land Use: n/f G j Vacant Irving 65- Greene etal �F" ti / D.B. 1347-1327 F9° FS8S3 „ Zoning: R-1 5 n/f F S Land Use: Antwane Vacant Parker D.B. 6245- 13 19 \ \ Zoning: R-15 \ Land Use: Residential Project No.: 21-17 Scale: 1"=GO, Date: 06/0 112 1 Revisons: 07/ 1 212 1 to add Sidewalks Developer: Property Address: 9000 Market Street Comet Development Conditional Zonin cj 309 Gallimore Dairy Road COMCt _ 5GOtt5 H111 Suite 102 Concept Flan n Greensboro, NC 27409 Harnett Township / New Hanover County / North Carolina ITEM: 13- 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Regular DEPARTMENT: Planning PRESENTER(S): Marty Little, Long Range Planner CONTACT(S): Marty Little; Rebekah Roth, Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z21-07) - Request by Novant Health -New Hanover Regional Medical Center to Rezone Approximately 40.9 Acres of Land Located in the 100 Block of Scotts Hill Medical Drive from (CZD) O&I, Conditional Office and Institutional District, and B-1, Neighborhood Business District, to O&I, Office and Institutional District BRIEF SUMMARY: The applicant is proposing to rezone approximately 41 acres from (CZD) 0&1, Conditional Office and Institutional, and B-1, Neighborhood Business, to 0&1, Office and Institutional. The applicant has indicated on the application that the rezoning would allow for a regional medical facility, which would be classified as a Hospital use by the Unified Development Ordinance's Principal Use Table. However, as this is a straight rezoning and not a conditional rezoning, all uses allowed in the 0&1 district would be permitted. As currently conditionally zoned, the site is subject to two site -specific development plans that, when considered together, allow for six buildings totaling approximately 282,000 square feet of building footprint area with a mixture of the following uses: Hospital, Medical and Dental Office, Offices for Private Business and Professional Activities, and Heliport. The current maximum building height for the subject site is 35 feet, which was the maximum allowable building height in the 0&1 district when the conditional rezonings were originally approved in the mid-2000s. Four of the six approved buildings have not been constructed, totaling 236,000 square feet of footage and 627 parking spaces, which includes the proposed 172,000 square foot hospital and corresponding 416 parking spaces. The existing site - specific development plan also establishes a 90' tree preservation buffer located along Pandion Drive. Because this is a straight rezoning, a conceptual plan is not included within the application. The subject site would be required to meet all the Unified Development Ordinance (U DO) requirements for development within the 0&1 district. Types of uses allowed and commonly found in the 0&1 district include civic and institutional uses like libraries, community centers, government buildings, elementary and secondary schools, and trade schools. Medical uses like hospitals, nursing care facilities, and medical offices are also typical of the 0&1 district. Other commercial uses including retail, personal service, financial institutions, and restaurants are common as well. The 0&1 district allows residential development at a maximum density of 2.5 dwelling units per acre. As currently developed, the site is estimated to generate approximately 97 trips in the AM peak hour and 102 trips in the PM peak hour. While Traffic Impact Analyses (TIAs) are not required for straight rezonings, a TIA was originally approved for the site in 2014. The improvements required under that approval were carried over into a 2019 TIA for the portion of the Scotts Hill Medical Development south of Scotts Hill Medical Drive, which serves as the basis of the memorandum produced for Case Z21-09 in May 2021. In the event the Case Z21-09 development is denied, or if new development in the area is proposed that would trigger the requirement for a TIA established by the U DO and NCDOT, a new TIA would be required that would likely include or supersede these improvements. Likewise, any changes made to the use of the subject site, including but not limited to building square footage or location of driveways, would require a new TIA to be submitted to the NCDOT and WMPO for review and approval. Board of Commissioners - August 2, 2021 ITEM: 14 The site is currently used for medical uses, including an urgent care facility and outpatient surgery office. The site is located adjacent to existing medical office uses of the Scotts Hill Medical Park along Market Street and abuts approximately nine single-family homes of the Scotts Hill Village subdivision to the southeast. The current site -specific development plan incorporates a 90' tree preservation buffer from the property line adjacent the single-family homes along Pandion Drive. Future development would be subject to the County's tree retention and mitigation standards of the UDO, which prohibits the removal of specimen trees and encourages the retention of trees through required mitigation of significant trees. The proposed O&I rezoning is generally CONSISTENT with the Community Mixed Use place type because it allows the types of commercial, office, and civic uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Community Mixed Use place type. The Planning Board considered this application at their July 8, 2021 meeting. No members of the public spoke in opposition to, or in favor of, the request. The Planning Board recommended approval of the application (4-0), finding the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the district allows the types of commercial, office, and civic uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Planning Board also found APPROVAL of the rezoning request to be reasonable and in the public interest because the site is located along the Market Street corridor and is near the 1-140 interchange and existing commercial services STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by NHC businesses and support them RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district allows the types of commercial, office, and civic uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is located along the Market Street corridor and is near the 1-140 interchange and existing commercial services. Alternative Motion for Denial: I move to DENY the proposed rezoning to an 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district allows the types of commercial, office, and civic uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity of Board of Commissioners - August 2, 2021 ITEM: 14 the uses allowed within the proposed district will adversely impact the adjacent neighborhoods ATTACHMENTS: Z21-07 Script BOC Z21-07 Staff Report BOC Z21-07 Zoning Map BOC Z21-07 FLUM BOC Z21-07 Neighboring Properties BOC Z21-07Applicant Materials CS Z21-07Application Package BOC Z21-07 Rezoning Boundary BCC COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 2, 2021 ITEM: 14 SCRIPT for Zoning Map Amendment Application (Z21-07) Request by Novant Health - New Hanover Regional Medical Center to rezone approximately 40.913 acres of land located at 151 Scotts Hill Medical Drive from (CZD) 0&1, Conditional Office and Institutional, and B-1, Neighborhood Business, to 0&1, Office and Institutional. 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 (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to an 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district allows the types of commercial, office, and civic uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is located along the Market Street corridor and is near the 1-140 interchange and existing commercial services. Example Motion for Denial I move to DENY the proposed rezoning to an 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district allows the types of commercial, office, and civic uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity of the uses allowed within the proposed district will adversely impact the adjacent neighborhoods. Board of Commissioners - August 2, 2021 ITEM: 14- 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to an 0&1 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - August 2, 2021 ITEM: 14- 1 - 2 STAFF REPORT FOR Z21-07 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z21-07 Request: Rezone 40.913 acres from (CZD) O&I, Conditional Office and Institutional, and B-1, Neighborhood Business, to 0&1, Office & Institutional Applicant: Property Owner(s): Tom Walsh, Novant Health — New Hanover Novant Health — New Hanover Regional Regional Medical Center Medical Center Location: Acreage: 9104 Market Street 40.913 151 Scotts Hill Medical Drive PID(s): Comp Plan Place Type: R02900-002-077-000 R02900-002-067-000 Community Mixed Use R02900-002-078-000 Existing Land Use: Proposed Land Use: Urgent Care Facility and Medical Office to Urgent Care Facility, Medical Office, remain. The remaining portions of the site Undeveloped would be allowed to be developed in accordance with 0&1 district provisions Current Zoning: Proposed Zoning: (CZD) 0&1, Conditional Office and O&I, Office and Institutional Institutional; and B-1, Neighborhood Business SURROUNDING AREA LAND USE ZONING US 17 Corridor, Mini-Warehouse/Self-Storage, North Undeveloped (CZD) B-2, R-15 Z21-07 Staff Report BOC 8.2.2021 Page 1 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 1 SURROUNDING AREA LAND USE ZONING East Undeveloped, Religious Assembly, Single -Family Residential N/A (Pender County GB, O&I, and RP)* South Single -Family Residential, Elementary Charter School R-15 West US 17 Corridor, Medical Offices B-1, (CZD) 0&1 * Pender County Zoning Districts: GB (General Buisness), 0&1 (Office and Institutional), RP (Residential Performance) ZONING HISTORY July 6, 1971 Initially zoned R-15 (Area 5) 3.36 acres rezoned from R-15 to (CUD) 0&1, Conditional Use Office & October 4, 2004 Institutional, to allow for a surgery clinic. (Case Z-785) (Replaced by Case Z-795) 6.71 acres rezoned from R-15 to (CUD) 0&1, Conditional Use Office & April 4, 2005 Institutional, to allow for a surgery clinic. (Case Z-795) (Replaces Case Z- 785) 49.85 acres rezoned from R-15 to (CUD) B-1, Conditional Use January 8, 2007 Neighborhood Business District, and (CUD) 0&1, Conditional Use Office & Institutional, to allow for a hospital, medical offices, and business offices. (Case Z-853) August 4, 2008 9 - 2 2 acres rezoned from R-15 to B-1, Neighborhood Business. (Case Z- 888) 26.93 acres rezoned from (CUD) 0&1, Conditional Use Office & August 11, 2014 Institutional, to (CZD) 0&1, Conditional Office & Institutional, to allow for a helicopter landing pad. (Case Z-934) COMMUNITY SERVICES Water/Sewer water and sewer services are available through CFPUA. Specific design will be determined during site plan review. Z21-07 Staff Report BOC 8.2.2021 Page 2 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 2 Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Porters Neck Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High schools Recreation Ogden Park, Pages Creek Preserve CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The County's Conservation Resources Map indicates that swamp forests and pocosin wetlands may be present on the site. Conservation space is required for swamp forest and pocosin wetlands when at least five (5) Conservation acres of the resource exists on the property. Preliminary analysis indicates that fewer than 5 acres exist on the site. Verification of regulated swamp forests and pocosin wetlands will be required during the site plan review process. Historic No known historic resources. Archaeological No known archaeological resources. Z21-07 Staff Report BOC 8.2.2021 Page 3 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 3 EXISTING CONDITIONS • Of the three properties being considered, two properties are currently zoned (CZD) OW, totaling 31.69 acres, and are currently used for an emergency room (New Hanover Regional Medical Center Emergency Department — North), and a surgery center (New Hanover Regional Medical Center — Atlantic Surgicenter). The third property being considered in this request is zoned B-1, accounts for 9.22 acres of the request, and is undeveloped. • The subject site is located on Scotts Hill Medical Drive along the Market Street corridor, with the existing straight B-1 portion of the site located immediately adjacent to Pender County to the north and northeast. �'' Straight B-1 Portion � 'I �+�" y �i Existing Conditional Approval s�1 j ffYY I � Cl 1 1 \ All Atlantic Surgicenter / Emergency �f 4r 1 r I Room th _... / 40' free Save Area Has Been Constructed Scotts Hill Medical Drive Existing (CZD) 0&1 Site -Specific Development Plan • As currently conditionally zoned, the site is subject to two site -specific development plans that, when considered together, allow for six buildings totaling approximately 282,000 square feet of building footprint area with a mixture of the following uses: Hospital, Medical and Dental Office, Offices for Private Business and Professional Activities, and Heliport. The current maximum building height for the subject site is 35 feet, which was the maximum allowable building height in the 0&1 district when the conditional rezonings were originally approved in the mid-2000s. • Four of the six approved buildings have not been constructed, totaling 236,000 square feet of footage and 627 parking spaces, which includes the proposed 172,000 square foot hospital and corresponding 416 parking spaces. • The existing site -specific development plan also establishes a 90' tree preservation buffer located along Pandion Drive. Z21-07 Staff Report BOC 8.2.2021 Page 4 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 4 ZONING CONSIDERATIONS • The applicant is proposing to rezone approximately 41 acres from (CZD) 0&1 and B-1 to 0&1. The applicant has indicated on the application that the rezoning would allow for a regional medical facility, which would be classified as a Hospital use by the Unified Development Ordinance's Principal Use Table. However, this is a straight rezoning and not a conditional rezoning, so all uses allowed in the 0&1 district would be permitted. • Types of uses allowed and commonly found in the 0&1 district include civic and institutional uses like libraries, community centers, government buildings, elementary and secondary schools, and trade schools. Medical uses like hospitals, nursing care facilities, and medical offices are also typical of the 0&1 district. Other commercial uses including retail, personal service, financial institutions, and restaurants are common as well. The 0&1 district allows residential development at a maximum density of 2.5 dwelling units per acre. • The subject site consists of three parcels bordering Pender County to the east. Adjacent Pender County zoning includes General Business (comparable to the B-2), 0&1 (comparable to the 0&1), and Residential Performance (comparable to the R-15). Surrounding New Hanover County zoning classifications include (CZD) B-2, B-1, R-10, and R-15. • Each of the previously approved uses are allowed by right in the 0&1 district, with heliports allowed as a customary accessory use to hospital uses, and the proposed straight 0&1 zoning would allow for a similar development pattern as currently approved. • Because this is a straight rezoning, a conceptual plan is not included within the application. The subject site would be required to meet all the Unified Development Ordinance's (UDO) requirements for development within the 0&1 district, including building height maximums for non-residential structures. Based on current standards, buildings would be limited to no more than 52 feet in height and would be required to observe increased setbacks from residential property. • The subject site is partially located within the Special Highway Overlay District (SHOD). Any building constructed on the site would be required to be set back 100' from the Market Street right-of-way. • Any development proposed would be required to meet the UDO's standards for parking, tree retention, landscaping and buffering, exterior lighting, signs, and open space. • Any proposed development would be reviewed by the Technical Review Committee (TRC) to ensure compliance with applicable County and State regulations, including applicable site design and approval provisions within the Unified Development Ordinance (UDO). Z21-07 Staff Report BOC 8.2.2021 Page 5 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 5 AREA SUBDIVISIONS UNDER DEVELOPMENT Area Subdivisions Under Development Z21-07 Staff Report BOC 8.2.2021 Page 6 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 6 TRANSPORTATION Access • Access is provided to the subject site by Scotts Hill Medical Drive, a private street dedicated for public use located off Market Street approximately one mile north of the NC 140 interchange. • Traffic Impact Analyses (TIAs) are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements. • A Traffic Impact Analysis (TIA) was originally approved for the site in 2014. The improvements required under that approval were carried over into a 2019 TIA for the portion of the Scotts Hill Medical Development south of Scotts Hill Medical Drive, which serves as the basis of the memorandum produced for Case Z21 -09 in May 2021. • As currently approved, the TIA requires the following roadway improvements at the studied intersections to be completed by 2022: Z21-07 Staff Report BOC 8.2.2021 Page 7 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 7 1. Intersection of Market Street and Sidbury Road • No improvements. 2. Intersection of Market Street and Scotts Hill Loop Road (South) • Installation of a signalized northbound to southbound U-turn lane on Market Street. This improvement has been completed. 3. Intersection of Market Street and Scotts Hill Medical Drive • Installation of a southbound left turn lane onto Scotts Hill Medical Drive from Market Street. • Installation of an additional right turn lane from Scotts Hill Medical Drive onto Market Street northbound. • Signalization of the intersection. 4. Intersection of Market Street and future Comet Apartments site access north of Creekwood Road • Installation of a northbound right turn lane from Market Street. • Removal of the barrier from the southbound left turn lane. • Signalization of the intersection. 5. Intersection of Market Street at U-turn south of Creekwood Road • No improvements. • In the event the Case Z21-09 development is denied, or if new development in the area is proposed that would trigger the requirement for a TIA established by the UDO and NCDOT, a new TIA would be required that would likely include or supersede these improvements. Likewise, any changes made to the use of the subject site, including but not limited to building square footage or location of driveways, would require a new TIA to be submitted to the NCDOT and WMPO for review and approval. • Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvements from traffic impact analyses to ensure adequate traffic safety and distribution. Recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permitting process. Z21-07 Staff Report BOC 8.2.2021 Page 8 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 8 • As currently developed, the site is estimated to generate approximately 97 trips in the AM peak hour and 102 trips in the PM peak hour. • In addition to the trips estimated for the existing emergency facility and surgery office, the trip generation included in the original Traffic Impact Analysis for the site analyzed 200,000 square feet of hospital and 64,000 square feet of medical office space. If developed as originally approved, the site could be estimated to generate approximately 400-500 more peak hour trips than the existing development. Development Intensity Approx. Peak Hour Trips 18,000 square foot Medical Office 66 AM / 59 PM Existing Development: 28,000 square foot Emergency 31 AM / 43 PM Medical Facility Potential Development 200,000 square feet of Hospital 274 AM / 194 PM (based on Approved CZD 64,000 square feet of Medical 236 AM / 210 PM Plan): Office Net difference between existing conditions and potential +510 AM l +404 PM development pattern based on approved CZD plan: • Because a traffic impact analysis (TIA) is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadways near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity* V/C Market Street 9100 Block 44,500 41,368 1.08 * Per the WMPO, prior capacity estimates were based off the maximum volume a roadway could be estimated to accommodate, also known as the Level of Service F volume. New methodology developed by the NCDOT Model Research and Development Group references an updated modeling system which uses Level of Service D in capacity analyses for planning purposes rather than Level of Service F, causing this figure to appear lower than previous staff reports. There has been no change in the capacity of the roadway at this location. • The Military Cutoff extension improvements are expected to improve the volume to capacity ratio by 30-50% at this location based on the 2035 traffic forecast included in the Military Cutoff Extension and Hampstead Bypass Traffic Operations Analysis Report. Z21-07 Staff Report BOC 8.2.2021 Page 9 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 9 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby Planned Transportation Improvements and TIAs Nearby NC STIP Roadway Projects: • STIP Project W-5803B (US 17 Shoulder Rumble Strips) o Project to install shoulder rumble strips on US 17 between New Hanover County Pender County line and mile post 19.3 in Onslow County. o The safety project is scheduled to be constructed in 2022. There are no pending STIP projects within one mile of the subject site anticipated to impact this request. The Military Cutoff Extension (STIP Project U-4751) is anticipated to improve the volume to capacity ratio of Market Street at this location. Z21-07 Staff Report BOC 8.2.2021 Page 10 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 10 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status • 45,200 sf Office • 23,400 sf Medical Office • TIA originally approved 1. Scotts Hill Medical • 15,000 sf Shopping August 5, 2019 Park w/ Case Z21-09 Center • TIA Memorandum Addendum Addendum . 9,000 sf Pharmacy with approved May 19, 2021 Drive -Through • Full Build 2022 • 256 Apartment Units The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a signalized northbound U-turn lane on US 17 south of Scotts Hill Loop Road. • Installation of a signalized southbound left turn lane on US 17 at Scotts Hill Medical Drive. Add additional right turn lane from Scotts Hill Medical Drive onto US 17. • Installation of a northbound right turn lane, removal of the barrier from the southbound left turn lane, and signalization of the intersection on US 17 at the Z21-09 site's southern access point. Nearby Proposed Developments included within the TIA: • Scotts Hill Village • Coastal Preparatory Academy Development Status: The signalized northbound U-turn lane on Market Street south of Scotts Hill Loop Road has been installed. No other roadway improvements have been completed at this time. Proposed Development Land Use/Intensity TIA Status • Phase 1 (2016-2017) - 490 students • Phase 2 (2018-2019) - . TIA approved January 1 1, 2. Coastal Preparatory 587 students 2017 Academy . Phase 3 (2019-2020) - 664 students . Full Build 2021 • Phase 4 (2020-2021) - 731 students The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of the existing northbound left/U-turn lane at US 17 and Sidbury Road • Modification of signal timing at traffic lights located on US 17 at Scotts Hill Loop Road and Sidbury Road • Driveway improvements at the site's access with Pandion Drive • Installation of a left turn lane into the site • Installation of dual westbound right -turn lanes on Scott Hill Loop Road at the US 17 intersection Z21-07 Staff Report BOC 8.2.2021 Page 11 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 11 Nearby Proposed Developments included within the TIA: • Blake Farms • New Hanover Regional Medical Center • Scotts Hill Villaae Development Status: Complete. Proposed Land Use/Intensity TIA Status Development • 1 11,925 sf Mini -Warehouse • 407 Townhomes • 15,600 sf Office • 34,500 sf Restaurant • 3,500 sf Restaurant w/ Drive-Thru • TIA originally 3. Blake Farms (Fast Food) approved July 6, 2015 (Pender County) • 7,700 sf Aquarium • TIA revision approved January 31, 2020 • 8,400 sf Retail . Full Build 2025 • 250 Senior Multi -Family Units • 50 Single -Family Homes • 10,000 sf Restaurant (Event Center) • 20,000 sf Medical Office The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of three (3) site accesses along US 17 in Pender County. Site Access 1 will include a signalized northbound directional crossover into the site. Site Access 2 and Site Access 3 will be right in -right out • Installation of signalized southbound to northbound U-turn lane north of Sidbury Road • Installation of signalized northbound to southbound U-turn lane north of Scotts Hill Loop Road (North) Nearby Proposed Developments included within the TIA: • None Development Status: The site's main internal roadway (Blake Farm Boulevard) has been constructed. No other roadway improvements have been completed at this time. ENVIRONMENTAL • The site does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The subject property is located within the Futch Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable/slight limitation) soils and Class III (Severe limitations) soils. However, the subject site will be served by public water and sewer. Z21-07 Staff Report BOC 8.2.2021 Page 12 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 12 OTHER CONSIDERATIONS CONTEXT AND COMPATABILITY • The property is located along Market Street, which is identified as a Principal Arterial on the WMPO Functional Classifications Map. • The site is currently used for medical uses, including an urgent care facility and outpatient surgery office. The site is located adjacent to existing medical office uses of the Scotts Hill Medical Park along Market Street and abuts approximately nine single-family homes of the Scotts Hill Village subdivision to the southeast. • The current site -specific development plan incorporates a 90' tree preservation buffer from the property line adjacent the single-family homes along Pandion Drive. Future development would be subject to the County's tree retention and mitigation standards of the UDO, which prohibits the removal of specimen trees and encourages the retention of trees through required mitigation of significant trees. • The development would be required to meet all screening and landscaping requirements of the UDO, which includes standards for street yard plantings. A full landscaping and buffering review would be conducted by the Technical Review Committee for any site plan submitted for the property. • The development will have no impact on the school system. Representative Development: New Hanover Regional Medical Center located at 171h Street Z21-07 Staff Report BOC 8.2.2021 Page 13 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 13 • 1' 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Focuses on small-scale, compact, mixed use development patterns that Place Type serve all modes of travel and act as an attractor for county residents and Description visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The subject site is located at the northeastern edge of the County in an area that the Comprehensive Plan envisions as a Community Mixed Use place that would provide goods and services for nearby residents and the larger community. This designation was applied to the Market Street corridor because of the existing commercial development pattern and high traffic volume. This designation anticipates the gradual conversion of residential properties along the Market Street corridor to commercial and mixed -use projects. The site is part of New Hanover Regional Medical Center's Scotts Hill Analysis campus, and is immediately adjacent to existing and approved medical office uses to the west along Market Street, an existing institutional school use to the south, and existing single-family residential to the southeast. The existing development pattern was approved prior to the 2016 Comprehensive Plan and was incorporated into the plan's recommendations for this area. Though this is a straight rezoning, uses and projects allowed in the 0&1 district are consistent with the community services envisioned at this location. The requested 0&1 rezoning could allow for the types of commercial, civic, and office uses that could be appropriate in this area, and 0&1 is one of Z21-07 Staff Report BOC 8.2.2021 Page 15 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 15 the typical zoning categories identified for the Community Mixed Use place type. The proposed 0&1 rezoning is generally CONSISTENT with the Community Consistency Mixed Use place type because it allows the types of commercial, office, Recommendation and civic uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Community Mixed Use place type. PLANNING BOARD ACTION The Planning Board considered this application at their July 8, 2021 meeting. No members of the public spoke in opposition to, or in favor of, the request. The Planning Board recommended approval of the application (4-0), finding the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the district allows the types of commercial, office, and civic uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Planning Board also found APPROVAL of the rezoning request to be reasonable and in the public interest because the site is located along the Market Street corridor and is near the 1-140 interchange and existing commercial services. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district allows the types of commercial, office, and civic uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is located along the Market Street corridor and is near the 1-140 interchange and existing commercial services. Alternative Motion for Denial: I move to DENY the proposed rezoning to an 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district allows the types of commercial, office, and civic uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity of the uses allowed within the proposed district will adversely impact the adjacent neighborhoods. Z21-07 Staff Report BOC 8.2.2021 Page 16 of 16 Board of Commissioners - August 2, 2021 ITEM: 14- 2 - 16 Case: Site Address: Existing Zoning/Use: Proposed Zoning Z21-07 9100 block B-1/CZD 0&1/ 0&1 Market St Medical Facilities N J� LO O� J� ° Site R-15 9139 9121 \• /;c�� 9111 9111 9111/� 9144 Q� 9101 9105 • �`; • O Sr 9110 \Cyq, 902 • 9116 Subject Site • A 9021 9104 9122 015/ :05 • 0\ 9010 • ❑ Neighboring Parcels \ 1,000 / Feet 9015 • 1013 1017��1021 Y 9117 1025�3�-C1029 r• � �C1911; 11 1045 03 9107 104�1053 9101� • 9100 • 310 313 9102 $17 312 616-- 5��%321.,E q no� 1135 113 1135A • APPLICANT MATERIALS Board of Commissioners - August 2, 2021 ITEM: 14- 6 - 1 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist ❑ This application form, completed and signed ❑ Application fee: • $500 for 5 acres or less • $600 for more than 5 acres ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning ❑ One (1) hard copy of ALL documents ❑ Acknowledgment and Signatures Form (if applicable) ❑ One (1) digital PDF copy of ALL documents AND plans Applicant Initial MWIMIM, W.M01 Board of Commissioners - August 2, 2021 ITEM: 14- 7 - 4 Page 4 of 5 Zoning Map Amendment Application — Updated 1 2-2020 4. Acknowledgement and Signatures I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all of the information and documentation required for this application. Further, I acknowledge that no site work can commence until all applicable approvals and permits are obtained, and that any modifications to approved or proposed plans must be reviewed by the County and may require the submittal of a new application. Signature of Applicant Signature of Applicant Thomas Walsh Print Name Print Name Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a recognized property interest; or by a person authorized to submit the application on their behalf. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - August 2, 2021 Page 5 of 5 ITEM: 14- 7 -Zoning Map Amendment Application — Updated 12-2020 0 a LU a 0 a A a ill R/Y V R/W EXISTING ZONING: 8-.2 17 US HIGHWAY 17 (200 PUgL IC Raw)^ (200' PUBLIC R/W) «.....�..�....«.....,.....»..,..�._�-.___T30' PUBSIC UTtt'N EASEMiI'!T 10' 'MOE BELT SOUTHSOUTHEASEMF?1T \\ OAP BOOK 51 PACE 291�3 _ I ` r r U ^ MAP BOOK 51 PACE 293 542'0, .... _ — .. — _.............. _ — ..... _ ^ — — — — — — — — — — � _ _ _ ^ _ _ ^ _��F_r ^ _ ..^ �...�.._...�.,.�.—{tr.....,.... ...�1 �...,..,._......,....,.........,...,..:,..,..........� -....- — —.. ^ — — — — ,-.. — — — --...- — .,... _.. .�.. _ ,� � \ .._ _ .ti kv M W f1L�16 WA �kJt49+1£ x ' / r 1 — -_ — — — — ^ ..- 1 � � �N. �r \ � ff. -4D.-- ..^ ....---------------._-_...._.................... - ._--._ ..._......... �� z !I - � --- �_ � s4�SZsrw 1 � "` Jr _ a _ a ha -� Ulf (\ i 1/ \\ -�C //��_^ �_ \\`. 0 U11 I I ��S \ 37\ yc� - /}1- (200' PUBLIC R/W) I - JI a o/IJ1'\ \�1=•=~-- -- —. ._-- _-___. -L r.r_S -£----____-� r IN €1 � / } �11 1 !v-...^37^., ram`" _,,,r ...,, ' r •� r �. - ^ .... ^ .^ .....- � / r ".' -33- 1 ( _Z € (n g,.� 1 •� ..- r f r,5£, "M _ �, ^�'t'f _ r ^ _""." 3 ! /' r r / 1 z�' I`~ter '""✓ rAr `�r — \'f /✓ /'� I ..__..—.,_----..w.,....----_ ___�._.. a� ._._...._ -_ - jz- // / 1 ■ll / OrrI I _ / Ix €_ 11 I \\ r I I p�\ / ��/G7 A�� i\/-#�-�_ f j \ r t LZ 1 O K � • \\ \\ I! f \ w 11 $ n ! "I \ \ 1 • a 1 �_ \ t \ \ CO jo 4 1, ai �n � -.ti �2"\\ } (n � �2T,. _ - / ^ -.%• r - _ ` r y — Jill sit fill 7 fill %/ 1/ 'y� I'% `. r 11 _ -- -^ !,ti'.: i`. ,. o ,6+ 1 T \ Z 1 / ! '' ^'r .■ 61 �J ............. lp iit !!/ / / ! ( \ \. \\' \ `''" _ \ -. �.`_�s .r S34'45'25'w ✓ Y /// /i { f — r -"" / / i 1 [ ( [ t t €1 1 ■ ` — a .` _ Y. I1'1 !l j Y !/ ay //f ! a �! ! \1 \ `\ - 2T / ``--��c ` % _ -- 1 \ / �/ \� i ( ■ " �% yam//'o� //// f/� / 1 €,N� \2s�` z6., i �=`^�..�,. � = / y�/ / 1 / 3 \ --...,.._.,,_,,, 34' PRSV4E AC(VSS ! °�► \ - - - \ / T�+a untr eAse rt€ / / / 1 // ! / 2a \ -vz- \ y� \ ~ - \ '� - -- _ Mr�P BOOR s PA KNT xJ/1 2s�`^_ �\ \\ -�2e ��C=_ ^N-�' a_� �\? -., -- _.- --.. o f !// !! t MCA / /y _?s \\ \ \\�, \ , r \ �� —/ \ / // / !/� _� / ti 1 i \\ vz// r \�� T� O \/`wc-"r.•.J:i,•iAi 1 `\ \ \\ /A! 0 Id Ise I ter' " \ I 1 / \ ^ -25_ "\ o row^ \` ' \, -\\ \ ._26— /�/� ^ ��\ 1 q ,l 'f / /�/ •--` i %�tAd s' // \�S\ \\ r'I // 25 #CM 1/L // /f-2? yin -Z.3 ] 9 /!/1/�..j `� 11N� y I I// /1_�1\ 4/ !1' l 4 j ♦\ i 1 / . ` \ /y \ ` / \ ! i / x / f/!/!I_ l I 1!!�! �!! ! li 3 ! \--• \ � ,\ _ Y•�.:: r -� I v r� 1 r: / I J � ( € 1 / _ ,.fz-- - \ \a ? \ ! 2?_,.•! If I: 'Fi 1j _h1 M bo m cat � \ \ \ f M M gp n W F�1 W Z ♦ ! H / ✓ �'r Z m ti \ I h �if Tir IIlilyI€€} \ \ NIl N } 1 II fill F m sz- - \ /Xy /rl tl 11 11 I ! It1 € [_ coo w Cr7 IIIi } } t} IVI Ui ✓ -�\ /./ ti �\m� 1 y \as 2�.\ y?4! !� N /♦ / IN !i ! 1 \ \ N € II ; �� r( �� 1 [ I �I(( 121 co `\/// r 4 \\\ 1 1 \ _. �.-'/! � 1 //r I v i Z NI II I11 !11 lfl /Z ( r! / !0 O t 1 \ ! r 0 /1 I°Z{yN��- O \ Q Cif * N_ Z R° Z -CAPZ(!}C?T1> C iT 00z= 00 n CI)(n MP: V � Z U) i X C C'r TJ � m M� c O� C N r F C CA 'a \ 1�` ti 1 O ". C = C .Z Q Z _26- _ / 1 0 (o U1 i\ \ / X N .� M p 0 = N 0 x 'i /gz' .\ ! 11 } �ab= _27 ! \\ \r \\ D z _ < ZQ-, Z M I } f I / z- - - - \ /' -?s` \ ! \ I t U, n n - / " _ \ ! \ \ I ,� z Z 9 D f n f Tl Z .r} C�1 (n r 11 1 tl - C)zr o "--3 co 1"- I �2y \ \ �w O > z (p -i- � C ;C ! F { 1 L4 \ �© © W 0) Z0 zZ t'T 23-- \ \! \ 0 0 m [ \ - \_ ( 1 r `_tea I Z � � � - NI}� \ yam! / ti t -\ , zr- -- s`/ �\ \ 2�� __ \ -' \ 1 •� �� co It ! 41\ // / / / yy lyy �., 1 i \\ ! // ~_`2S \- ✓ ! \ \ ! .�� \ I p O C3j N � 0 X CD 4y rT 1411 II J1 3 Co I Oo � O 0 (A © -p � Q W (Ap C Q- U) - / Ili / / / i 1 t / i / // // aJ\\ \ \\ \ \\ \\ t1 1 \ i ■ C �I✓k \ \\ //"v/ /// titir/ // (! m w\ 1 \\\` !/\-'I > _27- j j \ F 1j/�1' __1 py` �.- - _\�2J\\\ r _ -IZ_, M --- g1'�/l!!!f� \�^ =-1 a�^. ts-J� \\ - �_20 \ �1 1 f !i \? J \\ \\ \\ jf w Ir-23`11 \\ \`25-- `?� /� • (,i7 \�`\\ \!^ \\\�•-�y� \a° ! 1 E?? � \ \ \r� \ 1 // a 1V.r / — — — ` ..... .-.t2`)7 2J�. \ — — - _ 1'�./ � ��\\``�1-..«..✓ \\\..._../ ^� / ra, � .....-+ ^-'tT\ \ \\ `\ti. .^/ \c�ct \` -- ^ / \\ - "24•, \ �1 \� \s\ _ /'� ``^ j t \ \ \ \ 20-- - - ..- - - r / \ -2tf 1 1 r Ott. � \ \ � \ '�2 � \ \ � 1 \ \ � \ \\ - •� `- ,�2r. \ \ / 1 \\,� a ♦�S\\�\\ \ `�\ ``�� `�\ J \\\ \\ \\ ,` I \ / ll Al \\�T% \ %l /\ rLl-_ -\\` \\\ \\\ �\ \\ \\ //'✓ I F ^ 9 \ti \ \ u 1 1 \i,� "` / /� f^1 .. 'r r 2� t - _ ,` .."' '-i8_ - - "i T... .rL1' \ `• \ r 0� ,� _ _ _ _ �29 - ,1. 1 \ \ / \ \ 4ti � w�a`3\~ -^ '� '-23-- - ..... _ .... ..,, r •� .^..� } .^...... � 5,..,� ..... ,�-� � -- ".�'-"'• ^ \ \ ♦ \ --- .._.._ _ ^....... \ `?2\ 2� ,,.err �w.l�•ir�w�rN� r r� - \ / \ ♦ w• Nam= ""-\ .l4'8�I, . \ tW 3`9Vd 8Y N00B 011 \ / \ \ �► c •_ Nw. ^24_.. ^ � w.\ ?3 � NNr 1 cti —M.9£.Of.£f� S Nww.r — ` ` \ SKyj3svi )anlin uqv ■ S36'33'14•W 3 \ \ \ °\ — ` \ SS333v 3€VA18d .09 a \\ \ \\ � C!J 16.30' \\ \\ ^ _ ^2p^ wry - \r� % M o nz--- EXISTING Z(}NTI�G:-O&I ` -`'' ' ■ X \ \ \ \ - - FIE \ 4 F ro _ _ -JB- _ \ �` \ \? \'`'cy ^ - - \-! •- --- - ^ ^ - - ^ .._ '.-ti ^ -- --' ""`^- 21 �Nv , \, • - — 99Z 39vd 0 S X006 az7 s00e�w109 su _i O C ` -00 0rna1olr * 3�,vA1a nv3 Z C M ' 000-99o-zoo-006zoa - a 1avd \ \ \ \ \ \ \ \ + \ Z I (Ti 1 0-n SION av7do� -NH s09 QOioas Y \ \ \ 1 \ O 1 © D A1a31ra03 ao tAor+ l - 1 EXISTING ZONING- D--15 k M -1 r- M Board of Commissioners - August 2, 2021 ITEM: 14- 8 - 1 2 m 0 -i O C7 OD 6 a Z N\ •D• \ tl A to G pN . 5.3 3 \_ 0 \ tic) 0 O tn0C7t S aO 2 !] 4 ,4 5 G3 0 la r V r zx ��, o� og 02 oM 0 wv a �. -- %. eDF* a T �j As mwm Pop.Q��n c ■cam z 9. O ccp w� S 6c a3 1��-Qo.. zM?i-0r .F 03-5oar -1pO- : ••O �p0 L7O yp�- 31 �f� rn 7� 0 A � o �0�-9- az* a 20 <o � � n ��' v C) cA0 �o � o . ��700Mc z"' a0) a ■ ON X m G) Z cat CO OC3ait q 0000 c CC c z�gwoa -' 1 66o o� z� cz m i7^1 I c 71 z Z2�Ww C„ ZqP-p ;t7 o Mz zzo � o'v p z MMM 0 oocc �� ?r r .. QQ-1 rrG7 00-q y ZZO CA O N z OD N O G7 fi7 Z Z M M C� rn M m 00 Q Owl. �v� o .O�SC 9 ��p f/1 r� Cif >CXn (0 "n MOOMn O o0� �n z x x r N N �? 4 v rn 0 N r*i N N P+l z 0 !a q � XX N rr, v M(A" V! O(71NO"zLn a M ccooOOD 00 �°rvN;O t OIAOX 14 %0 rn � (A � v o N II c4 Z (A to N In ;0 rN N tnV ��0 z^O Ooa�O * P. CT1 q1 w � 1,1 _ � O H- p �3 n '� era c>1-.vvvvao fAUIO wNNFa�M_ W EA (A' " 1I T1 x . ,, e3R i' g� pp Cox a _ p Ea � ''� � "' 00ulrs a- v �o `""� Y, © NN �� wN1ry cw►1W v �O �v wX 0'11 X � n vp � 17 0 Vf M t♦1 �3 0 r o 5zz z S m zo O;u M N o v� Z O N v M Z 0 3) -- -.o �j V/ �n @j _m G7 fr (p cD cocD 0 Z A M Q) go 00 M c IZ) G[W 0 IJJ� C� W W V� -4 C 3 tt3 c0 00 y Z z o 0, © =-I '� W iYi � O ■�„ 0 r r ro 0 i7 C�3 Mca y 2 co n Kx 3? 8 V -n t:r_ ZCD K OIDy N _ V tj 0 .e b, .2 WW2 .J. 007 a CID((0 0> Q. (n (D r Z � 06 i7 r- > _ 0) 0) -4 3GJ0CUT t w z 0 0, 0 �= M >m� Q rn >1 ` 11 Z■ /. 0 Q p X Cil Il C� m q a N W 0 cn I:s2: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/2/2021 Regular DEPARTMENT: Planning PRESENTER(S): Marty Little, Long Range Planner CONTACT(S): Marty Little; Rebekah Roth, Planning and Land Use Director SUBJECT: Quasi -Judicial Hearing Special Use Permit Request (S21-03) - Request by Thomas H. Johnson, Jr, Attorney, on Behalf of the Property Owner, Southeastern Enterprises, Inc., to Obtain a Special Use Permit fora Wireless Communication Tower and Related Support Facilities in an R-15, Residential Zoning District, Located North of Valley Brook Road and West of Fern Valley Drive BRIEF SUMMARY: The applicant is requesting a special use permit to construct and operate a 130' tall wireless support structure on an approximately 5.95-acre parcel located along Valley Brook Road, between The Cape and Telfair Summit subdivisions and the Telfair Forest subdivision. The property is currently undeveloped and is zoned R-15, which allows wireless support structures with a special use permit. The wireless support structure, which is designed as a monopole antenna wireless communication facility, will have a total overall height of 130 feet. A 4'-tall lightning rod appurtenance was originally proposed that would have brought the tower height to a total of 134' but was removed during the review of the application to better reflect setbacks required for towers adjacent to residential districts. It will be designed to accommodate three (3) wireless carriers. Cellular antennae will be placed at heights of 100, 112, and 124'. As a condition of approval, the applicant proposes that the antennae will be designed to utilize concealment shades to reduce the tower's impact on surrounding properties. The tower will be situated within a 100' x 100' (10,000 sf) fenced -in equipment compound with required buffers and landscaping meeting Unified Development Ordinance requirements. Three carrier lease storage areas will be included within this compound. Access to the tower site will be provided via a new 30' wide access easement from Valley Brook Road, approximately 170' in length to the tower site. Maintenance at the proposed tower is estimated to generate fewer than five trips per month in the peak hours. Documentation submitted as part of the application package demonstrates the facility meets County standards for new wireless support structures. The application includes photographic simulations from various vantage points in the immediate vicinity that show the tower's anticipated visual impact, an affidavit certifying that radio frequency emissions will comply with Federal Communications Commission (FCC) standards, a determination from the Federal Aviation Administration (FAA) that the facility will not be a hazard to air navigation, and an impact analysis conducted by a North Carolina certified general real estate appraiser. The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. The intent of this place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While wireless support structures and other infrastructure are common in contemporary land development patterns, the Comprehensive Plan does not specifically address their location. However, the Board of Commissioners - August 2, 2021 ITEM: 15 Comprehensive Plan's implementation guidelines do aim to support business success, workforce development, and economic prosperity, and telecommunications infrastructure, when placed to best serve the needs of surrounding residents, business, and institutional uses, can help to advance those goals. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Increase connectivity of residents to each other and their investment to New Hanover County RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: S21-03 Script BOC S21-03 Staff Report BOC S21-03 Zoning Map BOC S21-03 FLUM BOC S21-03 Neighboring Properties Map Applicant Materials CS S21-03Application Package BOC S21-03 FCCAffida\t BOC S21-03 FAA Information BOC S21-03 Impact Study BOC S21-03 Simulated Photographs Proposed Site Plan CS S21-03 Site Plan BOC Opposition Materials CS S21-03 Opposition Letter BOC S21-03 Opposition Exhibits BOC COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved 3-2, Vice -Chair Hays and Commissioner Zapple dissenting. Board of Commissioners - August 2, 2021 ITEM: 15 SCRIPT for SPECIAL USE PERMIT Application (S21-03) Request by Thomas H. Johnson, Jr., attorney, on behalf of the property owner, Southeastern Enterprises, Inc., to obtain a special use permit for a wireless communication tower and related support facilities in an R-15, Residential zoning district, located north of Valley Brook Road and west of Fern Valley Drive. 1. Swear witnesses: Announce that "the Special Use Permit process requires a quasi-judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi-judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination rebuttal (up to 5 minutes) e. Opponent's cross examination/rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion b. Ask Applicant whether he/she agrees with staff findings. 7. Vote on the Special Use Permit application. ElMotion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ElMotion to deny the permit because the Board cannot find: ® a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: ® b. That the use meets all required condition and specifications: c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: Board of Commissioners - August 2, 2021 ITEM: 15- 1 - 1 ® d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Suggested Condition(s): 1. The wireless support structure will utilize concealment shades over the antennae and will meet the design conditions indicated in the construction drawings submitted with the application. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] Board of Commissioners - August 2, 2021 ITEM: 15- 1 - 2 STAFF REPORT FOR S21-03 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S21-03 Request: Special Use Permit in order to develop a Wireless Support Structure Applicant: Property Owner(s): Thomas H. Johnson, Jr. Southeastern Enterprises, Inc. Communications Tower Group, LLC Location: Acreage: Valley Brook Road 5.95 PID(s): Comp Plan Place Type: R08500-002-070-000 General Residential Existing Land Use: Proposed Land Use: Undeveloped Property Wireless Support Structure Current Zoning: R-15 SURROUNDING AREA LAND USE ZONING North Undeveloped (Platted Lots for Windsor Pines Subdivision), Single -Family Residential (The Cape) R-15 East Single -Family Residential (Telfair Forest) R-15 South Undeveloped Open Space (Telfair Summit) R-15 West Single -Family Residential (Telfair Summit) R-15 S21-03 Staff Report BOC 8.2.2021 Page 1 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 1 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer Water and Sewer is not available through CFPUA but is not necessary for this use Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, Federal Point Station Schools Carolina Beach Elementary, Murray Middle, and Ashley High Schools Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The County's Conservation Resources Map indicates that pocosin wetlands are present on the site. Conservation space is required for pocosin wetlands Conservation when at least five (5) acres of the resource exists on the property. Verification of regulated pocosin wetlands will be required during the site plan review process. Historic No known historic resources Archaeological No known archaeological resources EXISTING CONDITIONS AND PROPOSED SITE PLAN • The applicant is requesting a special use permit to construct and operate a new monopole wireless support structure. The subject site is located on approximately 5.95 acres located along Valley Brook Road, between The Cape and Telfair Summit subdivisions and the Telfair Forrest subdivision. S21-03 Staff Report BOC 8.2.2021 Page 2 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 2 IVIJE: R•li ' ACRE.=7b AOJACeIT Proposed Concept Plan 30' TOWER SuluECi PARCEL-E SETBACK eaPARCE PALE _ `-`�_�=�-�--•r- u,w,.',.access,�Ee�l � - -- — -- — �.`,�'r'. " . '- _ N i, _— - y r �• .Y+' PRQPCS. -�_ \. ' i.•y � - 730 TOWEL FALLYDIJE i COMP6U7+0! MONOPOLE = , 4Yr , LOCATIONcc Y� PROPOsm woo c ? ! WETLANDS PAR@JT PARCEL-s PARC (PFRiBCI a SOUTHEASTER" UPERN150 it PC. -PARCEL im x 30 ACCESS EASEMENT uGHI P'OIF i -% ��-`_- Y Y • � ` ,. o PARCEL w. it ewfaro I4OUMM)R�yl) r �PARCEL �cxEW+cx P PARCEL5S u6: RD0D4=-07t-= i' ACR MmL RAS ACRE: S.Ss .- SOLTHEAa ERP! EFREFPRISE=1, iC. -_ Proposed Site Plan with Staff Markups • The total height of the tower will be 130'. A 4'-tall lightning rod appurtenance was originally proposed that would have brought the tower height to a total of 1 34' but was removed during the review of the application to better reflect setbacks required for towers adjacent to residential districts. • Cellular antenna will be placed at heights of 1 24' and 1 1 2', with space for an additional carrier to collocate on the tower at a height of 100'. • As a condition of approval, the applicant proposes that the antennae will be designed to utilize concealment shades to reduce the tower's impact on surrounding properties. • The tower will be situated within a 100' x 100' (10,000 sf) fenced -in area with required buffers and landscaping meeting UDC) requirements. Three carrier lease storage areas will be included within this area. 130' TOWER HEIGHT 3 WIRELESS CARRIERS CONCEALMENT ^a+ DrRn®stml SHADES � wemn®+.avJ>Em.. gal a Monopole Elevation Monopole Elevation and Equipment Compound & Required Buffer S21-03 Staff Report BOC 8.2.2021 Page 3 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 3 ZONING CONSIDERATIONS • New wireless support structures are permitted in the R-15 district with the approval of a Special Use Permit and are subject to supplemental standards in Section 4.3.3.0 of the Unified Development Ordinance (UDO). These standards generally address setbacks, outside agency certifications, signage, landscaping, aesthetic appearance, and collocation. • As proposed, the site plan meets the specifications of Section 4.3.3.0 of the UDO. AREA SUBDIVISIONS UNDER DEVELOPMENT S21-03 Staff Report BOC 8.2.2021 Page 4 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 4 TRANSPORTATION o ®mm�lm�m�mmm o4 �o Site Valley Brook Rd Primary Access Secondary Access Access • Access to the tower site will be provided via a new 30' wide access easement from Valley Brook Road, a privately maintained roadway. The easement is approximately 170' in length to the tower site. • Maintenance at the proposed tower is estimated to generate approximately 4 trips per month in the AM peak hours, having virtually no impact on traffic on the nearby road network. The estimated trip generation from this request is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Due to the estimated low trip generation, a full analysis of pending or approved Traffic Impact Analyses within the proximity of the subject property was not conducted as they are not anticipated to affect this request. In addition, there are no major NCDOT projects planned within the proximity of the subject property that are anticipated to affect this request. S21-03 Staff Report BOC 8.2.2021 Page 5 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 5 ENVIRONMENTAL • The subject property contains Special Flood Hazard Areas (AE), though the proposed 10,000 square foot tower lease area and access easement are not located within a Special Flood Hard Area. The site does not contain Natural Heritage Areas. • The subject site appears to contain wetlands, which may be impacted by the proposal. Full wetland delineation would be required if the special use permit request is approved and could result in federal or state permitting and/or mitigation. Any required outside agency approval would be verified prior to Technical Review Committee site plan approval. • The subject property is located within the Telfair Creek Watershed. Soils at the site are Dorovan soils (DO), according to the Soil Survey for New Hanover County. These soils have severe limitations on septic suitability; however, it is not anticipated that use of a septic system will be necessary for this use. OTHER CONSIDERATIONS Context and Compatibility • Photographic simulations from various vantage points in the immediate vicinity provided with the application show the tower's anticipated visual impact. • As a condition of approval, the applicant is proposing that the antennae will be designed to utilize concealment shades to reduce the tower's impact on surrounding properties. • The subject parcel contains a significant amount of mature vegetation, which is proposed to remain except for areas to be cleared for the tower equipment area and access easement. • The applicant has supplied an affidavit certifying that radio frequency emissions will comply with Federal Communications Commission (FCC) standards and a determination from the Federal Aviation Administration (FAA) that the facility will not be a hazard to air navigation. Also included with the application is an impact analysis conducted by a North Carolina certified general real estate appraiser, which concludes that neighboring property values will not be adversely impacted by the monopole. S21-03 Staff Report BOC 8.2.2021 Page 6 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 6 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Place Types 41111!l� SAINT- HE•c-aPE_rLa�� GEI IERAL. RESIDE[ ITIAL rn SPEP;�ftI i C1— S 2 1 - 0 3 01, 7VALLEY-BRel- 4A =,j?77� rREVrc_ (481q4'ew Han+over Sp inty, N Future Land Use Map Place Type General Residential Focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low -density multi -family residential, light commercial, civic, and recreational. The intent of this place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While wireless support structures and other infrastructure are common in contemporary land development patterns, the Comprehensive Analysis Plan does not specifically address their location. However, the Comprehensive Plan's implementation guidelines do aim to support business success, workforce development, and economic prosperity, and telecommunications infrastructure, when placed to best serve the needs of surrounding residents, business, and institutional uses, can help to advance those goals. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. S21-03 Staff Report BOC 8.2.2021 Page 7 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 7 Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water and sewer infrastructure and capacity are available to serve the site but are not necessary for the proposed use. B. The subject property is located in the New Hanover County Southern Fire Service District. C. Access to the tower site will be provided by a new access easement from Valley Brook Road Road, which is a privately maintained street. D. The subject site does not host any known cultural or archaeological resources. E. The National Wetlands Inventory and the New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on the site, which may be impacted by this request. F. The proposed use will have virtually no traffic impact on the surrounding transportation network. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. Wireless Communication Facilities, including Wireless Support Structures, are allowed by Special Use Permit in the R-15, Residential zoning district provided that the project meets the standards of Section 4.3.3.0 of the Unified Development Ordinance. B. Section 4.3.3.C(1)(a) requires that the setback for any wireless support structure in any zoning district shall be setback from any existing residential property line or residential zoning district boundary a distance equal to the height of the tower as measured from the base of the tower. The location of the proposed 130'-tall tower will be 130' from the nearest property line to the north and south, meeting the setback requirement of Section 4.3.3.C(1)(a). C. Section 4.3.3.C(1 )(b) requires that all applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Federal Communications Act, 47 U.S.C. 322, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. Documentation in the application package meets these requirements. D. Section 4.3.3.C(1 )(d) regulates the signage allowed on the tower and related equipment. Signage proposed on the site consists of identification, registration, and safety signs which are compliant with this ordinance provision. E. Section 4.3.3.C(6)(a)(1 ) requires that the minimum distance between the tower and any other adjoining parcel of land or road must be equal to the minimum setback described in Section 4.3.3.C(1 )(a), plus any additional distance necessary to ensure that the tower, as designed, will fall within the tower site. The proposed location complies with this provision, and no evidence has been submitted suggesting that additional distance is necessary. F. Section 4.3.3.C(6)(a)(2) requires the applicant to submit photographs and statements as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. Information provided in the application packet meets this requirement. S21-03 Staff Report BOC 8.2.2021 Page 8 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 8 G. Section 4.3.3.C(6)(b) requires a landscaped buffer with a base width not less than 25 feet and providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the tower base. The proposed landscape buffer shown on the applicant's submitted site plan meets this requirement. H. Section 4.3.3.C(6)(c) requires that wireless support structures 150' in height or less shall be engineered to accommodate a minimum of one additional provider. The proposed tower is 1 30' tall and has been designed to accommodate a total of three providers' antennae and equipment, meeting this ordinance requirement. I. Section 4.3.3.C(6)(d) prohibits the storage of equipment, hazardous waste, or materials not needed for the operation, prohibits outdoor storage yards in a tower equipment compound, and prohibits habitable space within this area. The applicant's proposal complies with this ordinance section. J. Section 4.3.3.C(6)(e) requires that, when the proposed tower site is within 10,000 feet of an airport or within any runway approach zone, the applicant submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards. An FAA Determination of No Hazard to Air Navigation has been provided by the applicant and indicates that the site and proposal are in compliance with FAA regulations. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed wireless support structure is on a vacant property in the Telfair Forest subdivision. The tower site and associated equipment storage area will be on a 100' x 100' (10,000 sf) leased area within this parcel. B. The National Wetlands Inventory and the New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on the site, which may be impacted by this request. C. The nearest residential structures range from approximately 450' to the east and 700' to the west of the proposed tower location. D. The predominant land use in the immediate vicinity of the subject site is residential, with undeveloped open space located to the south. E. A 25' wide buffer surrounding the tower base and equipment compound will provide visual screening. F. Evidence has been submitted in the form of an impact analysis by Michael P. Berkowitz, a North Carolina Certified General Real Estate Appraiser, that the proposal will not have significant adverse impact on adjoining and abutting properties. G. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site is currently undeveloped. B. The National Wetlands Inventory and the New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on the site, which may be impacted by this request. S21-03 Staff Report BOC 8.2.2021 Page 9 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 9 C. The tower site is located adjacent to existing residential areas to the east and west, with the nearest residential properties located approximately 450' to the east and 700' to the west of the proposed tower location. D. The predominant land use in the immediate vicinity of the subject site is residential, with undeveloped open space located to the south. E. The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. The intent of this place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While wireless support structures and other infrastructure are common in contemporary land development patterns, the Comprehensive Plan does not specifically address their location. However, the Comprehensive Plan's implementation guidelines do aim to support business success, workforce development, and economic prosperity, and telecommunications infrastructure, when placed to best serve the needs of surrounding residents, business, and institutional uses, can help to advance those goals. EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions [OPTIONAL] Note any conditions be added to the development: [List Conditions] Suggested Condition: 1. The wireless support structure will utilize concealment shades over the antennae and will meet the design conditions indicated in the construction drawings submitted with the application. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1 . Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] S21-03 Staff Report BOC 8.2.2021 Page 10 of 10 Board of Commissioners - August 2, 2021 ITEM: 15- 2 - 10 Case: Site Address: Existing Zoning/Use: Proposed Use: S21-03 500 block R-15/ Wireless Support Structure Valley Brook Rd Undeveloped r mom Saint incent_ IMMENSE ncer Feet Ell 'E ,mL-, tValley Bro'Rd I . Subject Site missione - August 2, 2021 ITEM: 1 3 - 1 Zoning Districts B-1 AC R-5 EDZD CB 1-1 R-7 PD B-2 1-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&1 R-20S ® Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section S.7 of the UDO ❑ Incorporated Areas ` SHOD S21-03 Site Address: 500 block Valley Brook Rd 111111111111 111 1111111� 11111� 11 700 Feet Ar The.0 Existing Zoning/Use: R-15/ Undeveloped III QrI 1` General Residential Subject Site of ommissiane - August 2, 2021 on ITEM: 1 4 - 1 Proposed Use: Wireless Support Structure N Saint -Vincent -Dr O J 4/ ra 4 C� Fern _Va Iev-Brook.Rd Community i I -Mixed Use Place Types _CaItlelCt 0 COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL ■ URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Site Address: S21-03 500 block Valley Brook Rd Existing Zoning/Use: R-15/ Undeveloped 11111111/►��11��111111 7413r7417 7419 741 7421 Linksider Dr 7407�741� 7425 7410 74120i7427� ____ /it ��i 51 ❑ Neighboring Parcels 700 7506' i�\3 75/10�� `7501 \iii12 7507 �7� 75151 655 Saint -Vincent Dr Proposed Use: Wireless Support Structure N • 921_ 8204: 8210 08/ E :212 82159 E • 8217 \ 7407 7410 r • y�l V4741� 05 • 7412 741A 4 • 7403 7401 701 705 707 • 4— &1 • 614 • 618 0700 • • 704. 7 Subject Site / • 62' 702 -8212 532.530 526•I522 520•518 • 534 528 524Sea-Castle.Ct 36 529.527 523 -538 • 525 • CZD Br2 Site 9 � 1 SCUD O&1 v a, �U �15 Valley- Brook, Rd Feet missione § - August 2, 2021 ITEM: 1 5 - 1 APPLICANT MATERIALS Board of Commissioners - August 2, 2021 ITEM: 15- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. P onal) Pre -Application Conference I Public Hearing Procedures 6 7 Board of Post -Decision Commissioners Limitations and Hearing & Actions Decision *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Board of Commissioners - August 2, 2021 Page 1 of 7 ITEM: 15- 7 - 1 Special Use Permit Application — Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. Board of Commissioners - August 2, 2021 Page 2 of 7 ITEM: 15- 7 - 2 Special Use Permit Application — Updated 05-2021 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: I PM Peak Hour Trips: 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations. • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; • Soil erosion and sedimentation; • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or • Anticipated air discharges, including possible adverse effects on air quality. Board of Commissioners - August 2, 2021 Page 3 of 7 ITEM: 15- 7 - 3 Special Use Permit Application — Updated 05-2021 2. The use meets all required conditions and specifications of the Unified Development Ordinance. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. Board of Commissioners - August 2, 2021 Page 4 of 7 ITEM: 15- 7 - 4 Special Use Permit Application — Updated 05-2021 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. Board of Commissioners - August 2, 2021 Page 5 of 7 ITEM: 15- 7 - 5 Special Use Permit Application — Updated 05-2021 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ❑ This application form, completed and signed ❑ Application fee: • $500; $250 if application pertains to a residential use (i.e. mobile home, duplex, family child care home). ❑ Traffic Impact Analysis (if applicable) ❑ Conceptual Site Plan including the following minimum elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. o For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Proposed transportation and parking improvements; including proposed rights - of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffering. • The location of Special Flood Hazard Areas. • The approximate location of regulated wetlands. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use ❑ One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. ❑ One (1) digital PDF copy of ALL documents AND plans Applicant Initial Board of Commissioners - August 2, 2021 Page 6 of 7 ITEM: 15- 7 - 6 Special Use Permit Application — Updated 05-2021 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. if applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized or 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. Southeastern Enterprises, Inc. Signature of Property Owner(s) Corn i I s Tower rc C g Signal of Applicant Amen ° Print Name(s) Thomas H. Johnson, Jr., Attorn Print Name Mote: This form must be signed by the owner(s) of record_ If there are multiple property owners, a signature is required for each owner of record. The land owner or their attorney must be present for the.application of the preliminary forum and public hearing. If an applicant requests delay of consideration from the Planning Board or Boarcl 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 websife will be required. Page 7of7 Board of Commissioners - August §p28i�ij Use Permit Application — Updated 05-202 i ITEM: 15- 7 - 7 NORTH CAROLINA NEW HANOVER COUNTY RICARDO LOOR, the Chief Executive Officer of Communications Tower Group LLC, a Delaware limited liability company, upon being duly sworn, deposes and states as follows: 1. I am over the age of 18 and am competent to make this Affidavit. I have personal knowledge of the facts stated herein, 2. 1 certify that the construction, placement and operation of the proposed wireless communications tower to be located on New Hanover County Parcel ID No. R08500- 002-070-000 off of Valley Brook Road (the "Tower") will meet the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), and the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. 3. 1 certify that radio frequency emissions from the antenna array(s) will comply with the FCC standards. 4. 1 certify that both individually and cumulatively the proposed facilities located on or adjacent to the Tower will comply with current FCC standards. This the 1,5' day of 2021. Ricardo Loor NORTH CAROLINA MECKLENBURG COUNTY Sworn to and subscribed before me this t -cday of �& , 2021. "••'�P`;rrM"ssioh .rr'••, Notary Public �._ . - G 0 <<. Board of Commissioners - August 2, 2021 ITEM: 15- 8 - 1 Mail Processing Center Federal Aviation Administration Southwest Regional Office IN a-) Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 06/15/2021 Erik Brooks CTG LLC 15720 Brixham Hill Avenue Suite 300 Charlotte, NC 28277 Aeronautical Study No. 2021-ASO-15785-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Monopole The Cape Blvd CTG-NC 0010081 Location: Sea Breeze, NC Latitude: 34-04-22.77N NAD 83 Longitude: 77-54-06.46W Heights: 7 feet site elevation (SE) 154 feet above ground level (AGL) 161 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part 1) X Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M. This determination expires on 12/15/2022 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Board VUgwnh-6f i4ners - August 2, 2021 ITEM: 15- 9 - 1 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (202) 267-0105, or j.garver@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2021-ASO-15785- OE. Signature Control No: 479495439-484764356 Jay Garver Specialist Attachment(s) Frequency Data Map(s) cc: FCC (DNE) Page 2 of 4 Board of Commissioners - August 2, 2021 ITEM: 15- 9 - 2 Frequency Data for ASN 2021-ASO-15785-OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 6 7 GHz 55 dBW 6 7 GHz 42 dBW 10 11.7 GHz 55 dBW 10 11.7 GHz 42 dBW 17.7 19.7 GHz 55 dBW 17.7 19.7 GHz 42 dBW 21.2 23.6 GHz 55 dBW 21.2 23.6 GHz 42 dBW 614 698 MHz 1000 W 614 698 MHz 2000 W 698 806 MHz 1000 W 806 901 MHz 500 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 929 932 MHz 3500 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1670 1675 MHz 500 W 1710 1755 MHz 500 W 1850 1910 MHz 1640 W 1850 1990 MHz 1640 W 1930 1990 MHz 1640 W 1990 2025 MHz 500 W 2110 2200 MHz 500 W 2305 2360 MHz 2000 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W 2496 2690 MHz 500 W Page 3 of 4 Board of Commissioners - August 2, 2021 ITEM: 15- 9 - 3 Sectional Map for ASN 2021-ASO-45785-OE � 8 Winnabr Ili w5)t , h .. .r� w#. kA .w — N v335 fJ PIL 3 RID 7 , CAROLINA BEACH Y A., 0) /,.n 35 * () CAROU N A BEACH " Inure I0 3 Beach 340 4 Page 4 of 4 Board of Commissioners - August 2, 2021 ITEM: 15- 9 - 4 Impact Study - Cell Tower Valley Brook Road Wilmington, New Hanover County, North Carolina 28412 Type Report: Impact Study Effective Date June 13, 2021 (NH-002) Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 1 June 16, 2021 Mr. Thomas H. Johnson Attorney Williams Mullen 301 Fayetteville Street Suite 1700 Raleigh, NC 27601 RE: Impact Study for Proposed Telecommunications Facility located Valley Brook Road, Wilmington, New Hanover County, North Carolina. Dear Mr. Johnson: I have completed a study of the proposed tower. The scope of the assignment is to provide an analysis and conclusions addressing items within my field of expertise associated with the issuance of a special use permit for the proposed development. A special use permit includes four findings of fact, of which two are addressed in this analysis. Details of these items are contained within this report. In this revised we report we are including additional information to clarify some of the items raised by local residents. The impact study is intended to conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. The impact study is not an appraisal as it does not report a value of any property; however, the study employs appraisal methodology to reach our conclusions of the impact of the proposed development. The proposed development is a communication tower to be located on a property owned by Southeastern Enterprises Inc. The site is encumbered with floodplain and designated wetlands. We characterized the subject as what appeared to be open space for the subdivision. We are not title experts, but we have addressed this information in the report. The subject is located adjacent to a golf course. The surrounding land uses are contributing factors in the development of conclusion regarding the potential impact of the tower. The conclusions of this study are supported by the data and reasoning set forth in the attached narrative. Your attention is invited to the Assumptions and Limiting Conditions section of this report. The analysts certify that we have no present or contemplated future interest in the proposed development, and that our fee for this assignment is in no way contingent upon the conclusions of this study. (NH-002) Deal Property Appraisers and Consultants 1100 Sundance Drive, Concord, North Carolina 28027 Board of CorTn4W&ibis 1 M &AI i �bb l ITEM: 1 5- 10 - 2 Tom Johnson June 16, 2021 Page 2 EXTRAORDINARY ASSUMPTIONS AND HYPOTHETICAL CONDITIONS: It is an extraordinary assumption of this report that the proposed development will be constructed as detailed in the report. Further, it is an assumption of the study that the maintenance will occur through a non-exclusive right-of-way that we assume is a legal access. It is an extraordinary assumption of this report that the improvements as described within this report are compliant with the appropriate ordinance regarding items including but not necessarily limited to setbacks, landscaping, access and other items outside our field of expertise for this assignment. These items will be addressed as part of the application by others with expertise within the respective fields. The content and conclusions of this report are intended for our client and for the specified intended uses only. They are also subject to the assumptions and limiting conditions as well as the specific extraordinary assumption set forth in this report. It is our opinion that the proposed development will not substantially injure the values of adjacent or abutting properties and that the proposed development is in harmony with the area in which it is to be located. Thank you for the opportunity to be of service. If you have any questions or comments, please contact our office. Sincerely yours, MICHAEL P. BERKOWITZ MPB REAL ESTATE, LLC (NH-00) Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 3 IMPACT STUDY VALLEY BROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 5 of 50 TABLE OF CONTENTS SCOPE OF THE ASSIGNMENT.......................................................................................................................6 PREMISESOF THE STUDY.............................................................................................................................7 Identificationof Subject.....................................................................................................................................7 Client, Purpose, and Intended Use and Intended Users .....................................................................................7 Analyst............................................................................................................................................................... 7 PropertyInspection............................................................................................................................................8 Extraordinary Assumptions of Report...............................................................................................................8 EffectiveDate of Study......................................................................................................................................8 Dateof Report....................................................................................................................................................8 TypeReport.......................................................................................................................................................8 Study Development and Reporting Process.......................................................................................................8 PROPOSED FACILITY......................................................................................................................................9 Tower................................................................................................................................................................. 9 SiteImprovements...........................................................................................................................................10 Access.............................................................................................................................................................. I I Location...........................................................................................................................................................13 SURROUNDINGLAND USES.........................................................................................................................13 NEWHANOVER UDO.....................................................................................................................................14 MARKET RESEARCH.....................................................................................................................................20 QualitativeAnalysis.........................................................................................................................................34 ADDENDA..........................................................................................................................................................38 Certifications...................................................................................................................................................39 Qualificationsof the Analyst...........................................................................................................................49 (NH-002) MPB REAL ESTATE, LLC Board of Commissioners -August 2, 2021 ITEM: 15- 10 - 4 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 6 of 50 SCOPE OF THE In accordance with our agreement with the client, this impact ASSIGNMENT study is specific to the needs of our client as part of an application for a special use permit to be considered by New Hanover County Officials. Our study and the reporting of our study is in agreement with our client as follows: The proposed development requires a Special Use Permit. The report is intended to address items relevant to the issuance of a special use permit. The following `Findings of Fact" was extracted from the New Hanover County Unified Development Ordinance (UDO). (1) The use will not materially endanger the public health or safety if located where proposed and approved. (2) The use meets all required conditions and specifications of the Zoning Ordinance, (3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. (4) The location and character of the use if developed according to the plan as submitted and approved will he in harmony with the area in which it is to be located and in general conformity with theComprehensive Land Use Plan for New Hanover County. The scope of the assignment includes research of existing towers in Wilmington and New Hanover County. The subject has a Wilmington address but lies outside the city limits. The neighborhoods and their surrounding developments are researched to determine whether the proposed development, referred to as the "The Cape Boulevard Site", is consistent with the location of other towers in the area and their impact, if any, on neighborhood development patterns and property values. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 5 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 7 of 50 This report is an amended version of the study published on June 16, 2021. The amendment is intended to provide additional information to address the concerns raised by surrounding property owners. We have included additional information on two towers with visual impact on nearby or adjacent residential properties. We also received additional information on the photo simulations that clarify the extent of the visual impact of the tower. The impact study provides an analysis of the surrounding properties. The analysis includes existing improvements, zoning designations and likely development patterns. The existing uses as of the effective date of this report in concert with the market data provided are contributing factors to the conclusions of this study. PREMISES OF THE STUDY Identification of Subject Client, Purpose, and Intended Use and Intended Users Analysts The Cape Boulevard Site Valley Brook Road Wilmington, New Hanover County, NC 28412 New Hanover County Tax Parcel: R08500-002-070-000 Mr. Thomas H. Johnson Attorney Williams Mullen 301 Fayetteville Street Suite 1700 Raleigh, NC 27601 The client and intended user is Mr. Tom Johnson. The intended use is as an aid to assist New Hanover County officials in rendering a decision regarding the issuance of a special use permit for the proposed development. The study is not intended for any other use or users. Christopher Ferris Michael P. Berkowitz (7VH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 6 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 8 of 50 MPB Real Estate, LLC 1100 Sundance Drive Concord, NC 28027 Property Inspection Michael Berkowitz inspected the property and neighborhood surrounding the proposed development. Mr. Ferris made a subsequent inspection. Details of surrounding land uses, and observations are provided throughout the report. We also performed off site visual inspections of several towers located in New Hanover County. We consider the observations in the context of the market data. They are a contributing factor to our conclusions. Photographs of the property were taken during Mr. Berkowitz's inspection. We also provide simulated photographs provided by our client for the assignment. Extraordinary It is an extraordinary assumption of this report that the Assumptions of Report improvements as described within this report are compliant with the appropriate ordinance regarding items including but not necessarily limited to setbacks, landscaping, access and other items outside our field of expertise for this assignment. These items will be addressed as part of the application by others with expertise within the respective fields. It is an extraordinary assumption of this report that the proposed development will be constructed as detailed in the report. Further, it is an assumption of the study that the maintenance will occur through a non-exclusive right-of-way that we assume is a legal access. Should the extraordinary assumptions not exist, we reserve the right to amend this study. Effective Date of Study June 13, 2021 Date of Report July 26, 2021 Type Report Impact Study Report Study Development and In preparing this study, the analysts: Reporting Process (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 7 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 9 of 50 • Analyzes physical affects, if any, of the proposed construction on properties in the immediate area as well as the neighborhood; • Reviews plans for the proposed development to determine whether it is in compliance with the New Hanover County UDO with respect to items within my field of expertise; • Reviews site plan provided by our client with respect to the physical characteristics of the proposed development; • Researches market data around existing cell towers in New Hanover County to determine whether the proposed development is consistent with other developments in the area. PROPOSED FACILITY Tower Based on information provided to the analyst, the proposed tower will consist of a 130-foot "unipole" communications tower. The survey appears to show that access to the tower will be provided by a proposed driveway for the property. The following site plan shows the proposed site. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 8 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 10 of 50 ,I MW LumM � Au. .vNG, I100D>ta0:7r \ 25' LANDSCAPE BUFFER/ Mw a � TREE PRESERVATION AREA aorta m a: AOQIf»I aw wax ! ---.� LEASE AREA W2%AfOKCKV4Ci � S�y.3nny --_-_ fif17100E ACGIFD N POM 3T31000„411V7J j•'____--___ 4WA CA 30' INGRESS -EGRESS, I ! Ir S7�zs7 p'' i FIBER & UTILITY EASEMENT ONM 10 x ACQUAL01 n+s afh Is ior.�en Pat WOlO1Krn*" / 1 PQ N1MAM KTINCO !� p, N�aO�l011d1 MRxroer $ weamaeac IeFinaunm8 ? �I ! TBkIN � ? r OW BEYAMM. AM momTELOO - - • Mo (60%,;gO�A',:�o qo ewe SITE PLAN Site Improvements The site improvements include an eight -foot chain link fence with three strands of barbed wire. The site improvements will include a 25-foot-wide landscaping buffer. The site is heavily wooded. Based on the drawings, the only trees that will be disturbed will be the areas for the development. The existing vegetation is a consideration in the analysis. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 9 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page I1 of 50 Access SEE FENCE ELEWION a SICJI S WJIMI Q PK CSf IY UIE PNOPpSEG )7FCCE,SAJ' — Ulll]n/reER EhSEMENi P.010SED Iz L P09P4 f — 9mraG GM.aIE I Q'-0" P.C. MAX. MIN. 5� 5_6„ L u� i 1:.� II pROp05EC7 ��pLUNGERRDo— -�� I 9 ! I PRDpp3Ea , 18 17 GATE 0-1-1 Ed. `" E4. 13�� ^ {CEN?EkECY ON FENCE LINEI °t ,.�� According to the site plan, the access to the site will be via a 30-foot-wide utility/access easement extending from Valley Brook Road, which runs along the southern boundary of the subject. The following exhibit was extracted from the site plan. Valley Brook Road is the primary feeder road for the subdivision providing access to US Highway 421 or Carolina Beach Road to the east. rL]5 ffER! IREf - - _ ----- YM01 APES%kwLION nAEi -- n�ni[axEb FENCE 1 + j f, --of EdI r I —I I I MCNC�41L#FmwEE i �—. � . hi l Exlsinlarc.MP !, wA[IFY AROOK RD LEND BUkRIEPJ A0 i6CI ,ATd cawlgC SCALE I I I II I I —III— I I_I I II I I ,�. —III—III—I � II I If I SCPLL I"=�. -MONTH ARROW E%0. v PLANrE0 rFEES (rYr.) EXpprlG lIGN1 X4X1. L SEAL 'OLE i mLCQ InR.I 241 µ i r (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 10 g � - .� ,�, ��•: Pe $ivy;,. �' �sri�Q rift Pe SN" r a r 4m Valley D �p Quo �aAp h d eroak,R� Vaky.B(Qok-R v �' a Castle IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 13 of 50 Location The tower will be located close to the center of the site. The siting of the tower will to the extent possible reduce the visual impact of the proposed tower. As we will discuss, the residential properties to the east and west potentially have an adverse visual impact from the tower. The tower will be in a heavily vegetated area. As shown on the aerial, the entire site has vegetation. The subject has a zoning designation of R-15, Residential District. In the New Hanover UDO, we found that this designation is intended to insure for orderly residential development in areas without access to municipal water and sanitary sewer service. The majority of the properties in the immediate area including all of the adjacent or abutting properties have the same designation. A factor in the analysis is the limited utility of the subject. Based on a review of the documents provided, the subject is encumbered with floodplain and has a significant portion identified as wetlands. These areas have traditionally been used for open space requirements for subdivisions. However, the local residents indicate the subject is identified as a nature preserve. Conservation areas are typically identified by conservation easements. We are unaware of any conservation easements on the property that would limit the potential uses of the property. Regardless, the site has limited utility because of other legal restrictions on the site including but not necessarily limited to floodplain and wetlands. The legal permissibility of the proposed development will be addressed by representatives of the developer with the appropriate expertise. Other uses for areas with limited utility include infrastructure to serve the subdivision. SURROUNDING LAND USES The proposed development is located on a 5.95-acre tract of land off Valley Brook Road. To the east of the subject are single family dwellings constructed in the mid-1990's. To the (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 12 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 14 of 50 NEW HANOVER UDO west of the subject are a cluster of duplexes that are part of the same subdivision constructed in the mid 2000's. To the north of the subject is a portion of the golf course for the development. To the south are two parcels that have limited utility. One parcel us under the same ownership as the subject and is not included in the analysis. The second is owned by Telfair Summit HOA and is identified by New Hanover County tax records as open space. The presence of land identified as open space or having limited utility including the subject is a factor in the analysis. The utility of these properties is imparted on the remainder of the subdivision. The duplex developments have a higher density than many developments, which is a common development patterns for sites with areas of limited utility. Clustered development allows for higher densities as portions of the gross land area are dedicated for open space. As we will discuss in the following section, the scope of the assignment is to determine whether the proposed development is in accordance with the New Hanover County UDO regarding the issuance of a special use permit and the development of wireless telecommunications facilities. The items within our field of expertise are detailed in the following section. As part of the assignment, I reviewed Article VI Section 63.5 of the New Hanover UDO regarding the development of Telecommunication Facilities. I also reviewed Article VII of the UDO regarding the findings of fact associated with the approval or denial of a special use permit. The following was extracted from the ordinance Section 70-7. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 13 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 15 of 50 (1) The use will not materially endanger the public health or safety if located where proposed @ad approved. (2) The use meets all required conditions and specifications of the Zoning Ordinance, (3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. (4) The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Item I — This item is outside my field of expertise. Item 2 — It is our understanding, this will be performed and reviewed by local officials in concert with our client. Item 3 — The development, if completed as proposed, will not substantially injure the value of abutting land. This is the focal point of the remainder of the study. Item 4 — The development, if completed as proposed, from an appraiser's perspective is in harmony with the area in which it is to be located. This item is addressed in concert with the analysis from Item 3. Based on our review of the ordinance, the remainder of the study focuses on adjoining or abutting properties and potentially injurious effect of the special use on value. The land uses for the area include single family residential and recreational uses. The following analysis is based on the potential visual impact of the proposed development on the respective abutting properties. The following aerial provides and overview of the immediate area. (vx 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 14 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 16 of 50 Golf Course (North) — The Cape Golf and Racquet Club is a private recreational area. Golf courses have traditionally been the location of infrastructure including but not necessarily limited to water towers, electrical transmission lines and telecommunication towers. The infrastructure is located as to not interfere with the intended use of the recreational areas. The proposed development will be located south of the golf course and will not interfere with the current use. Open Space (South) — The two parcels across the street from the site are both dedicated for open space or have limited utility. These two parcels have limited utility as their value is likely imparted on the developable areas of the subdivision. The limited utility of the site is a consideration of the potential impact of the tower. (vx 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 15 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 17 of 50 Residential Development (West) — To the west of the proposed development is a cluster of duplexes. The improvements are located on pad sites. Surrounding the pad sites is a separate tax parcel identified as common area for this portion of the development. While the duplexes are not adjacent to the site of the proposed development, we do consider these properties in the analysis. The factors associated with the visual impact of the proposed tower include but are not necessarily limited to: • The closest improvement is approximately 700 feet from the proposed tower. • The improvements in the cluster are oriented towards the golf course. • The vegetative buffer between the tower and these developments is significant inclusive of the open space. • The elevations of the improved areas are higher than the proposed development. A portion of the tower will could be visible from some of the properties in this cluster, but additional information provided regarding the vegetative buffer and the sight lines for these properties indicates the tower will not be visible from these properties. Residential Properties (East) — The residential properties to the east of the proposed development are singly family dwellings. There is a creek that runs along the eastern boundary of the proposed development. The vegetative buffer includes more mature trees than to the west. The adjacent properties to the east may have a partial view of the tower depending on the individual tree cover on the respective sites. The proposed tower will be approximately 400 feet from the nearest improvement. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 16 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 18 of 50 SIMULATED VIEW FROM LOCATION I The following simulated photographs were provided as a tool to show the potential visual impact of the proposed tower on adjacent/abutting properties. Based on our tour of the area, the photographs are an accurate representation of the views from surrounding vantage points. Simi i- ii) b'n< FRom Loc cno.,, 2 (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 17 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 19 of 50 SIMULATED VIEW FROM LOCATION 5 VIEw FROM LOCATION 7 SIMULATED VI EAA FROM LOCATION 4 SIMULATED VIEW FROM LOC.A'1']ON 6 SIMULATED VIEw FROM LOCATION S The simulated photographs demonstrate that the tower will be obscured from view from some of the vantage points. We note that the first simulated photograph shows the wastewater treatment facility that is located on a site with limited utility similar to the subject. The highest level of visual impact is from the other open space parcels along the subject's portion of Valley Brook Road. For the residential properties, the visual impact of the tower will be limited to the portion visible above the respective vegetative buffers. We received information from the developer of the simulated photographs. Based on their analysis of sight lines and the existing vegetation, the tower would have to have a height of (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 18 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 20 of 50 213 feet to be visible from the duplexes to the west. The proposed unipole will have a height of 130 feet. Again, we will discuss property values later in the report. We acknowledge that the proposed 130-foot tower will have a visual impact on surrounding properties. The visual impact is minimized by the trees on the subject property as well as the trees on the majority of the adjacent or abutting properties. For those properties with a view of the tower, it will be limited to the portion of the tower above the tree line. The proposed tower will be located in the center of the site to minimize the visual impact, to the extent possible, on surrounding residential properties. Summary The items within our field of expertise focus on the aesthetic impact of the proposed development. This is based on the existing developments as detailed earlier in the study. The limited utility of the subject and the properties to the south are a factor in the analysis. The operations of the golf course will not be impeded by the proposed tower. Some of the residential properties in the area will have a partial view of the tower while others will be totally obscured from the tower because of existing vegetation. MARKET RESEARCH A potential issue associated with the impact of the proposed development is on property values in the immediate vicinity and the neighborhood. We researched towers in Wilmington and the surrounding area and identify the development patterns around these towers. After analyzing the market data, we compare this information to the proposed site and the physical characteristics and development patterns surrounding the proposed development. Wilmington Area Towers During our research, we observed several towers in and around Wilmington. Most of the towers found were located in established commercial or industrial areas. Towers are (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 19 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 21 of 50 classified as comparable for a variety of reasons including but not necessarily limited to: • Location — The proposed location is in the common area for a residential subdivision adjacent to a golf course. Recreational areas are common locations for infrastructure. • Surrounding Developments — The surrounding developments include residential and recreational uses. The surrounding uses are common for areas off primary transportation corridors. • Construction Type/Height — The proposed tower is a unipole tower with a proposed height of 130 feet. For the research of towers, we rely on information from antennasearch.com, which we consider a reliable source of information. Our search revealed 37 towers within proximity to the tower. We excluded towers listed that were part of electrical transmission lines, which is inconsistent with the proposed tower. Some of the towers were not visible during our tour of the area. We also excluded the towers over 250 feet which require lighting. The following chart provides a summary of the comparable towers studied in the area. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 20 IMPACT STUDY VALLEY BROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 22 of 50 Wilmington Tower Summary Tower Type Location Year Built Address Height (Feet) Monopole Commercial 1995 4502 Park Avenue 95 Registered Institutional 2016 3310 South College Road 150 Monopole Commercial 2002 5515 Carolina Beach Road 160 Lattice Commercial/Industrial 2004 434 Raleigh Street 180 Monopole Industrial 2003 5501 Greenville Loop Road 156 Registered Institutional 2015 5591 Marvin K Mosss Lane 195 Registered Institutional NA Halyburton Memorial Parkway 140 Monopole Industrial NA River Road 199 Monopole Commercial/Residential NA Off Willowick Park Drive 170 Monopole Commercial/Industrial NA 1 Pickard Road & Shipyard Blvd. 115 Monopole Residential/Vacant Land NA Behind Deer Hill Drive 147 Monopole Electrical NA Pine Grove Dr. & Beasley Rd. 108 Monopole Residential/Vacant Land NA Antietam Dr. & Appomattox Dr. 199 Lattice Commercial/Industrial I NA Raleigh St. & Carolina Beach Dr. 200 Monopole Residential 1999 Behind Cypress Village Place 195 Slick Stick Mini -Storage NA 202 North Dow Road 150 After researching the 39 towers in the area, several of the towers are located on commercial or industrial properties. This limited the number of towers for comparison to a tower in a residential area. A concern raised was the limited number of towers in residential areas. While a large portion of the towers are located on commercial and industrial properties and/or neighborhoods, there are some towers located on properties abutting or adjacent to residential properties. We provide additional information on these towers. 4510 S. College Road — This tower is located on an institutional property along the College Road corridor. Jasmine Cove Way is a tertiary road that provides access to the residential properties behind the parcel improved with a cell tower. The South College Road corridor is an external influence on developments along the corridor. There is a walking track between the Shrine Club and the residential properties. The sales activity in this neighborhood was inadequate in quantity to provide relevant results. 3310 S. College Road - This tower is located on the site of Messiah Lutheran Church. The adjacent property is a multifamily development for rent that includes townhomes. (NH-002) MPB REAL ESTATE, LLC Board of Commissioners -August 2, 2021 ITEM: 15- 10 - 21 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 23 of 50 Multifamily properties are a common location for telecommunication towers. This tower is not visible from the nearby residential properties. Two additional towers on institutional properties are the Center for Marine Science and the Veteran's Sports Complex off Halyburton Memorial Parkway. The Center is adjacent to the Masonboro Sound. The Center tower is not visible from the adjacent properties as the property is significantly larger and has a significantly higher level of tree cover. The wireless arrays for the Sports Complex are located on a water tower, which is inconsistent with the proposed development. The selection of towers attempts to provide market data that is ample in quality and quantity to develop a credible opinion regarding the impact, if any, of the proposed cell tower. The data necessary should ideally provide comparability in the sales to isolate the variable studied. The following provides a summary of towers found in residential areas. The market data was inadequate unto itself to develop a credible analysis. The market data is limited in quantity and quality, which is the reasoning for the exclusion from the original report. Deer Crossing — This tower is near a residential area behind the Deer Crossing subdivision. This tower is further from this subdivision that was developed in 2016. However, upon touring this subdivision, the tower was not visible because of the distance and tree cover between the tower and these homes. The research provided no data for the analysis. Clearbrook Estates — This tower was not included because the location of the tower was improved with a power substation. The above ground infrastructure posed a significant visual impact on the same properties with a visual impact from the tower. The adjacent residential properties were constructed in the 1960's. Most of the transactions involving the adjacent or abutting properties were not arm's length transactions. The most recent sale was for a recently renovated property for $200,000 in August 2020. The remaining four sales closed (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 22 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 24 of 50 between 1995 and 2017. This data is inadequate in quality and quantity to isolate the impact of the tower. The most relevant local data is from a new subdivision located off Carolina Beach Road called Cypress Village. This subdivision is in the construction phase. The following provides an aerial and a PLAT of this development. The tower, which was constructed in 1999 is located on the adjacent property. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 23 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 25 of 50 The data for the subdivision is limited as only six homes have sold. The six sales closed since March 2021. Two of these properties were closest to the tower. The sales closest to the tower were in the middle of the range of the data set. While the quantity of data is limited, the sales prices do not reflect a diminution in value based on the proximity and visual impact of the tower. Further research of this subdivision showed consistency in the price paid for the lots. The third factor extracted is the fact that a developer was attracted to the site knowing the visual influence of the tower. The market data and activity provide secondary evidence that the tower, which is significantly closer to the homes in Cypress Village, does not present an adverse impact on property values. Given the limited data for the local towers, we provide additional examples from studies performed in North Carolina. These examples are provided in support of the limited data from the local market. Based on the photo simulations provided, the examples provided are intended to show examples of residential development where a cell tower is visible above a nearby tree canopy. Other Market Data The first example is located on Woodpark Drive in High Point, North Carolina. The monopole tower is larger than the proposed tower. The surrounding developments are townhomes that provide adequate quantity of data to develop an opinion of whether this tower influences value. The townhomes in the development have varying levels of visual influence from the tower. The sales highlighted in yellow have the highest level of visual influence from the tower as the tower is located in view of their front door. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 24 IMPACT STUDY VALLEY BROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 26 of 50 Castle Pines at Hickswood Townhomes ID Address Size SF Bedrooms Bathrooms Sale Price Price/Sq. Ft. Sale Date Deed Book Page 196643 7836 WOODPARK DR 1,264 3 2 $100,000 $79.11 7/5/2018 8065-0590 196633 7820 WOODPARK DR 1,266 3 2 $137,000 $108.21 7/27/2016 7837-2933 196634 7822 WOODPARK DR 1,266 3 2 $122,000 $96.37 5/28/2015 7704-3038 196637 17828 WOODPARK DR 1,266 3 2 $114,000 $90.05 1 8/22/2014 7626-0825 196644 7846 WOODPARK DR 1,264 3 2 $135,000 $106.80 10/5/2017 7982-1602 196645 7844 WOODPARK DR 1,152 2 2 $98,000 $85.07 7/23/2014 7617-0256 196645 7844 WOODPARK DR 1,152 2 2 $104,500 $90.71 8/12/2016 7844-0746 196652 7871 WOODPARK DR 1,264 3 2 $115,000 $90.98 10/14/2014 7641-1701 196656 7859 WOODPARK DR 1,264 3 2 $125,000 $98.89 4/13/2017 7923-1098 196658 17855 WOODPARK DR 1,264 3 2 $106,000 i $83.86 5/14/2015 7700-2575 We have included this example because of the duplexes located west of the proposed tower. The sales directly across the street from the tower, shown in yellow, do not show any influence from the tower. In fact, one sale across the street is the highest priced sale found within the past several years. This data provides evidence that the visual influence from the tower has no influence on prices paid. (NH-002) MPB REAL ESTATE, LLC Board of Commissioners -August 2, 2021 ITEM: 15- 10 - 25 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 27 of 50 The second example is from a subdivision in Cornelius, North Carolina. Victoria Bay is a waterfront community. This development is adjacent to Lake Norman and has similar improvements. This subdivision includes some homes with frontage on the water. We have excluded these sales to assist in isolating the influence of the tower if any. The following chart provides a summary of the sales. The sales highlighted in yellow have visual influence from the tower. The sales highlighted in green are for a resale of the same property. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 26 IMPACT STUDY VALLEY BROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 28 of 50 Victoria Bay Parcel # Street Address Sales Date Size (SF) $/SF Sales Price 003-381-44 19911 Marina Village Dr. April 13, 2018 1,620 $ 138.27 $ 224,000 003-381-40 18505 Victoria Bay Dr. November 13, 2018 1,620 $ 155.86 $ 252,500 003-381-30 18526 Victoria Bay Dr. July 1, 2020 2,219 $ 145.11 $ 322,000 003-381-62 18611 Victoria Bay Dr. November 16, 2018 1,620 $ 146.91 $ 238,000 003-381-65 18623 Victoria Bay Dr. February 28, 2018 1,620 1 $ 139.51 $ 226,000 003-381-66 18627 Victoria Bay Dr. October 18, 2018 1,620 $ 151.23 $ 245,000 003-381-25 18624 Victoria Bay Dr. November 20, 2018 2,052 $ 119.40 $ 245,000 003-381-14 20030 Coral Cove Ct. January 11, 2018 1,620 $ 134.57 $ 218,000 003-382-02 18122 Bluff Inlet Rd. June 19, 2020 2,071 $ 153.31 $ 317,500 003-195-09 18111 Bluff Inlet Rd. May 18, 2018 2,052 $ 121.83 $ 250,000 003-195-06 18021 Bluff Inlet Rd. July 16, 2018 2,012 $ 136.68 $ 275,000 003-195-01 18001 Bluff Inlet Rd. April 17, 2020 1,645 $ 151.98 $ 250,000 003-196-23 20815 Brinkley St. June 17, 2020 2,610 $ 128.35 $ 335,000 003-196-12 18208 Harbor Mist Rd. February 23, 2018 2,709 $ 108.90 $ 295,000 003-196-12 18208 Harbor Mist Rd. August 3, 2018 2,709 $ 124.03 $ 336,000 003-196-36 20933 Brinkley St. September 7, 2018 2,528 $ 128.56 $ 325,000 003-194-57 20102 Beard St. August 21, 2020 2,386 $ 155.07 $ 370,000 003-195-59 20115 Beard St. September 4, 2018 2,263 $ 124.61 $ 282,000 003-194-51 20914 Brinkley St. December 27, 2018 2,609 $ 109.62 $ 286,000 003-194-25 18307 Victoria Bay Dr. February 21, 2018 2,332 $ 125.21 $ 292,000 003-194-26 18311 Victoria Bay Dr. September 21, 2018 2,582 $ 114.25 $ 295,000 003-194-25 18327 Victoria Bay Dr. January 24, 2018 2,609 $ 105.40 $ 275,000 003-194-34 18409 Victoria Bay Dr. August 13, 2018 2,655 $ 119.77 $ 318,000 The sales shown have an average price per square foot of $132.11. Three of the four sales with visual influence from the tower are above the average. Six of the sales in the data set were of the same model. Three of the sales have visual influence from the tower. The prices paid per square foot are comparable. The indication from the market is that the visual impact from the tower does not adversely impact property values in Victoria Bay. The next tower with adequate data is a lattice tower located at 2517 Providence Road in Weddington, North Carolina. Typically, we would not include this tower because of its construction type and taller size. This tower as shown on the photograph poses a significantly higher visual impact on the subdivision to the north, Inverness at Providence Road. The following chart provides a summary of market data for homes in the subdivision. The sales highlighted in yellow have significant visual impact from the tower. The sales (NH-002) MPB REAL ESTATE, LLC Board of Commissioners -August 2, 2021 ITEM: 15- 10 - 27 IMPACT STUDY VALLEY BROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 29 of 50 highlighted in green are resales of the same property to reflect the appreciating market. Inverness Subdivision Sales Parcel Number lBook&Page lAcmagelAddmss I sale Amount I sale Date Year Built SF I $/SF Parcel Numberl Book& Pagel Acreage I Address I sale Amount I sale Date I Year Builtj SF I $/SF 6159379 7154747 0.32 10450M ERLED WAY $ 508,500 5/11/2018 2018 3,479 $146.16 6159445 77360391 0.36 30950MERLED WAY $ 525,000 7/15/2020 2016 3,893 $134.86 6159390 7145188 0.37 10850M ERLED WAY $ 471,000 4/27/2018 2017 3,859 $122.05 6159446 6781278 0,38 31350MERLED WAY $ 557,000 9/28/2016 2016 4,339 $128.37 6159381 7146402 0.4 112 SOM ERLED WAY $ 438,500 4/30/2018 2017 3,248 $135.01 6159447 7120362 0.32 317 SOMERLED WAY $ 534,500 3/19/2018 2017 4,291 $124.56 6159382 7172333 0.4 113 SOM ERLED WAY $ 559,000 6/8/2018 2015 3,921 $142.57 6159448 7225798 0,25 321 SOMERLED WAY $ 490,000 8/29/2018 2018 3,788 $129.36 6159383 7219178 0.24 117 SOMERLED WAY $ 520,000 8/20/2018 2015 3,243 $ 160.35 6159449 7244446 0.25 325 SOMERLED WAY $ 472,500 10/1/2018 2018 4,225 $ 111.83 61593M 7244560 0.24 121 SOMERLED WAY $ 514,000 10/1/2018 2018 4,354 $118.05 6159450 75360594 0.25 329 SOMERLED WAY $ 542,500 12/10/2019 2016 3,824 $141.87 6159385 79420230 0.24 125 SOMERLED WAY $ 550,000 1/4/2021 2018 3,248 $169.33 6159451 6967230 0,25 33350MERLED WAY $ 540,000 7/5/2017 2016 4,556 $118.53 6159386 6719319 0.26 12950MERLED WAY $ 503,500 7/12/2016 2015 3,921 $128.41 6159452 7219017 0.27 33750MERLED WAY $ 455,000 8/17/2018 2018 3,248 $140.09 6159387 6546130 0.27 20150MERLED WAY $ 486,000 10/12/2015 2015 3,942 $ 123.29 6159453 7147488 0.32 34150MERLED WAY $ 483,000 5/1/2018 2017 3,892 $ 124.10 6159388 6699852 0.25 205 SOMERLED WAY $ 453,000 6/16/2016 2016 3,245 $139.60 6159454 7144410 0,33 345 SOMERLED WAY $ 491,500 4/26/2018 2017 3,248 $151.32 6159389 6822 104 0.25 209 SOMERLED WAY $ 491,000 11/18/2016 2015 3,900 $ 125.90 6159455 7684 0116 0.32 349 SOMERLED WAY $ 525,000 5/29/2020 2016 3,415 $ 153.73 6159390 6825 072 0.25 213 SOMERLED WAY $ 471,000 11/22/2016 2015 3,756 $ 125.40 6159458 6885 265 0.353 105 BARCLAY DR $ 467,000 3/1/2017 2016 3,646 $ 128.09 6159391 6633 228 0.3 217 SOMERLED WAY $ 478,000 3/16/2016 2015 3,868 $ 123.58 6159459 6880 725 0.342 109 BARCLAY DR $ 528,500 2/22/2017 2016 3,173 $ 166.56 6159392 6950 743 0.242 317 BARCLAY DR $ 668,500 6/12/2017 2016 6,507 $ 102.74 6159460 6940 081 0.317 113 BARCLAY DR $ 518,000 5/26/2017 2017 4,291 $ 120.72 6159393 6851 790 0.27 321 BARCLAY DR $ 502,500 12/29/2016 2016 3,897 $ 128.95 6159461 7047 708 0,358 117 BARCLAY DR $ 417,500 11/3/2017 2017 3,160 $ 132.12 6159394 6645 149 0.35 325 BARCLAY DR $ 495,500 4/1/2016 2015 3,892 $ 127,31 6159462 6920 777 0.305 121 BARCLAY DR $ 571,000 4/27/2017 2017 4,775 $ 119,58 6159463 7429 307 0.25 125 BARCLAY DR $ 588,000 7/31/2019 2018 3,892 $151.08 6159396 6670 745 0.23 333 BARCLAY DR $ 491,500 5/9/2016 2016 3,892 $ 126.28 6159397 6712 081 0.23 337 BARCLAY DR $ 391,500 6/30/2016 2016 3,180 $ 123.11 6159463 7224607 0.25 125 BARCLAY DR $ 572,000 8/28/2018 2018 3,892 $146.97 6159398 6823 029 0.28 341 BARCLAY DR $ 458,500 11/18/2016 2016 3,186 $ 143.91 6159464 7122 746 0.271 129 BARCLAY DR $ 526,500 3/22/2018 2017 5,874 $ 89.63 6159399 7096853 0.29 2905 MERRYVALE WAY $ 545,000 1/12/2018 2016 4,222 $129.09 6159466 74880001 0.274 137 BARCLAY DR $ 570,000 10/11/2019 2017 4,560 $125.00 6159400 6846 365 0.29 2909 MERRYVALE WAY $ 538,000 12/21/2016 2016 4,434 $ 121.34 6159467 6921598 0.274 141 BARCLAY DR $ 452,000 4/28/2017 2017 3,426 $ 131.93 6159401 6659509 0.31 2913 MERRYVALE WAY $ 459,000 4/25/2016 2016 3,245 $ 141.45 6159468 73970704 0,25 145 BARCLAY DR $ 521,000 6/21/2019 2017 3,763 $ 138.45 6159402 6655785 0.38 2917 MERRYVALE WAY $ 507,000 4/19/2016 2015 3,868 $131.08 6159469 7032212 0.25 149 BARCLAY DR $ 458,000 10/11/2017 2017 3,167 $144.62 6159403 6782 657 0.39 2920 MERRYVALE WAY $ 553,500 9/29/2016 2016 4,339 $ 127.56 6159470 7223 321 0.25 153 BARCLAY DR $ 486,500 8/24/2018 2018 4,260 $ 114.20 6159404 6853 642 0.36 2916 MERRYVALE WAY $ 545,000 12/30/2016 2016 4,516 $ 120.68 6159471 7244 507 0.25 157 BARCLAY DR $ 545,500 10/1/2018 2018 4,310 $ 126.57 6159405 6640 381 0.28 2912 MERRYVALE WAY $ 452,000 3/28/2016 2015 3,884 $ 116.37 6159472 7243 553 0.25 161 BARCLAY DR $ 469,500 9/28/2018 2018 3,666 $ 128.07 6159406 6590757 0.29 2908 MERRYVALE WAY $ 452,500 12/29/2015 2015 3,909 $ 115.76 6159473 7237611 0,25 165 BARCLAY DR $ 468,000 9/20/2018 2018 3,889 $ 120.34 6159407 6591307 0.29 2904 MERRYVALE WAY $ 448,000 12/28/2015 2015 3,892 $ 115.11 6159474 7177736 0.25 169 BARCLAY DR $ 511,500 6/18/2018 2018 3,822 $ 133,83 6159408 6591474 0.33 2900 MERRYVALE WAY $ 451,000 12/29/2015 2015 3,868 $ 116.60 6159475 7237408 0,25 173 BARCLAY DR $ 480,000 9/20/2018 2018 3,892 $ 123.33 6159476 7778130 0.25 177 BARCLAY Oft $ 530,000 8/19/2020 2018 3,559 $148.92 6159409 6690738 0.29 2808 MERRYVALE WAY $ 419,000 6/3/2016 2016 3,245 $129.12 6159410 6643595 0.32 2804 MERRYVALE WAY $ 513,000 3/31/2016 2015 3,756 $136.58 6159476 7235595 0.25 177 BARCLAY DR $ 489,000 9/18/2018 2018 3,559 $137.40 6159477 7775473 0.298 181 BARCLAY DR $ 585,000 8/17/2020 2018 3,788 $154.44 6159411 7150630 0.25 12050MERLED WAY $ 456,000 5/4/2018 2017 3,559 $128.13 6159412 6688409 0.24 124 SOMERLED WAY $ 432,000 6/1/2016 2015 3,106 $139.09 6159477 7227402 0.298 181 BARCLAY DR $ 529,500 8/31/2018 2018 3,788 $139.78 6159413 7273 540 0.29 128 SOMERLED WAY $ 505,000 11/26/2018 2015 3,892 $ 129.75 6159478 7243 069 0.287 185 BARCLAY DR $ 430,000 9/28/2018 2018 3,248 $ 132.39 6159414 6959 391 0.28 200 SOMERLED WAY $ 459,000 6/26/2017 2017 3,701 $ 124.02 6159479 7202 403 0.287 189 BARCLAY DR $ 534,000 7/24/2019 2018 3,274 $ 163.10 6159415 6608661 0.25 204 SOMERLED WAY $ 419,000 2/1/2016 2015 3,868 $108.32 6159480 7437393 0.287 193 BARCLAY DR $ 549,000 8/12/2019 2017 3,592 $152.84 6159416 6731757 0.25 20850M ERLED WAY $ 467,500 7/28/2016 2016 3,890 $120.18 6159480 7110539 0.287 193 BARCLAY DR $ 520,000 2/28/2018 2017 3,592 $144.77 6159481 7077103 0.287 197 BARCLAY DR $ 621,500 12/22/2017 2017 6,158 $ 100,93 6159417 6757188 0.25 21250M ERLED WAY $ 456,500 8/30/2016 2016 3,881 $ 117,62 6159419 7045 313 0.3 22050MERLED WAY $ 460,000 10/31/2017 2016 3,173 $ 144.97 6159482 79170532 0.295 201 BARCLAY DR $ 530,000 12/11/2020 2017 3,260 $ 162.58 6159420 6868158 0.27 328 BARCLAY DR $ 529,500 1/31/2017 2016 4,340 $ 122.00 6159483 7040 873 0,29 205 BARCLAY DR $ 462,000 10/25/2017 2017 3,900 $ 118.46 6159421 6971136 0.25 332 BARCLAY DR $ 466,000 7/12/2017 2017 3,833 $ 121.58 6159484 7079 604 0.267 209 BARCLAY DR $ 521,000 12/29/2017 2017 3,806 $ 136.89 6159422 7204 509 0.25 336 BARCLAY DR $ 530,000 7/27/2018 2016 4,339 $ 122.15 6159495 7042 866 0.283 213 BARCLAY DR $ 430,500 10/27/2017 2017 3,173 $ 135.68 6159423 6725 875 0.42 340 BARCLAY DR $ 533,000 7/21/2016 2016 3,892 $ 136.95 6159486 7003 282 0.371 200 BARCLAY DR $ 558,500 8/29/2017 2017 4,531 $ 123.26 6159424 7242439 0.33 30150MERLED WAY $ 500,000 9/27/2018 2016 4,310 $ 116.01 6159487 6959514 0.324 188 BARCLAY DR $ 488,500 6/26/2017 2017 3,911 $ 124.90 6159425 6842058 0.32 30550MERLED WAY $ 433,500 12/16/2016 2016 3,173 $ 136.62 6159488 6985188 0,333 180 BARCLAY DR $ 552,000 7/31/2017 2017 4,541 $ 121.56 6159433 7224094 0.3 301 BARCLAY DR $ 455,500 8/27/2018 2018 3,479 $ 130.93 6159489 7091878 0.254 172 BARCLAY DR $ 495,500 1/24/2018 2017 3,274 $ 151.34 6159434 6825 757 0.27 305 BARCLAY DR $ 644,500 11/22/2016 2016 5,830 $ 110,55 6159490 7205 416 0.25 168 BARCLAY DR $ 503,500 7/30/2018 2018 4,310 $ 116,82 6159435 6825 096 0.28 309 BARCLAY DR $ 632,000 11/22/2016 2016 5,954 $ 106.15 6159491 7066 746 0.25 164 BARCLAY DR $ 482,000 12/7/2017 2017 4,211 $ 114.46 6159436 6744188 0.33 313 BARCLAY DR $ 534,500 8/15/2016 2016 3,868 $ 138.19 6159492 7073 062 0,25 160 BARCLAY DR $ 477,500 12/18/2017 2017 3,912 $ 122.06 6159437 7147 247 0.28 308 SOMERLED WAY $ 464,500 4/30/2018 2016 3,879 $ 119.75 6159493 7546 349 0.25 156 BARCLAY DR $ 521,000 12/20/2019 2017 3,248 $ 160.41 6159438 6660854 0.25 31650M ERLED WAY $ 465,500 4/26/2016 2016 3,890 $119.67 6159493 7140614 0,25 156 BARCLAY DR $ 514,500 4/20/2018 2017 3,248 $158.41 6159439 6693863 0.24 32050MERLED WAY $ 448,000 6/8/2016 2016 3,868 $ 115.82 6159494 6982514 0.25 152 BARCLAY DR $ 506,000 7/27/2017 2017 4,566 $ 110.82 6159440 7232454 0.24 32450MERLED WAY $ 533,000 9/10/2018 2016 3,756 $141.91 6159495 7139083 0.25 148 BARCLAY DR $ 470,000 4/18/2018 2017 3,883 $121.04 6159441 6693353 0.24 32850MERLED WAY $ 495,000 6/8/2016 2116 3,408 $145.25 6159496 7067001 0.25 144 BARCLAY DR $ 500,000 12/7/2017 2017 4,311 $115.98 6159442 6653116 0.24 332 SOMERLED WAY $ 451,500 4/14/1016 201, 3,890 $ 116.32 6159497 6885172 0.307 140 BARCLAY DR $ 473,000 2/28/2017 2016 3,918 $ 120.72 6159443 6712 158 0.29 340 SOMERLED WAY $ 456,500 7/1/2016 2016 3,245 $ 140.68 6159498 7078 310 0.304 132 BARCLAY DR $ 429,500 12/27/2017 2017 3,164 $ 135.75 6159444 78330099 0.27 348 SOMERLED WAY $ 595,000 10/2/2020 2016 3,196 $186.17 6159499 6967900 0,25 124 BARCLAY DR $ 439,500 1/30/2017 2016 3,866 $113.68 Inverness Summary Size Sale Price S/SF Minimum 3,106 $391,500 $ 89.63 Maximum 6,507 $ 668,500 $ 186.17 Average 3,894 $ 501,287 $ 130.65 Median 3,879 $495,500 $ 128.09 The most significant factor in the analysis of the data is the date of sale. The housing shortage has shown a spike in prices paid. The price point for these homes averages approximately $500,000. The sales prices for the houses with visual influence from the tower range from $448,000 to $553,500 which is consistent with the sales of homes without a visual influence despite their older sale date. The price per square foot for the impacted houses ranges from $115.11 to $141.45 (NH-002) MPB REAL ESTATE, LLC Board of Commissioners -August 2, 2021 ITEM: 15- 10 - 28 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 30 of 50 per square foot. Again, the rates bookend the median and averages for the neighborhood. The indication from the analysis is that the presence of a cell tower posing a higher level of visual impact with a light did not significantly impact the value of properties. The Vickery subdivision located in Waxhaw, North Carolina has a cell tower just north of the lots at the terminus of Vickery Drive. This tower has a comparable distance to adjacent improvements. The vegetative buffer is comparable to the proposed tower. The analysis for those properties closest to the tower are compared to those within the remainder of the subdivision. The following chart provides sales within the subdivision with the properties closest to the tower highlighted in yellow. (Nx 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 29 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 31 of 50 % of Book & Assessed Assessed Parcel Number Page Acreage Address Sale Amount Size SFD (SF) Price/SF Sale Date Value Value Year Built 7075300 6775248 0.474 1209 VICKERY DR $ 474,000 4,032 $ 117.56 9/21/2016 $ 387,500 122% 2016 7075301 6775389 0.584 1215 VICKERY DR $ 467,000 4,224 $ 110.56 9/21/2016 $ 398,200 117% 2016 7075299 6778 636 0.481 1205 VICKERY DR $ 447,000 3,453 $ 129.45 9/26/2016 $ 358,100 125% 2016 7075302 6781324 0.472 1305 VICKERY DR $ 429,900 3,011 $ 142.78 9/28/2016 $ 366,300 117% 2016 7075308 6782 602 0.486 1416 VICKERY DR $ 404,000 3,427 $ 117.89 9/29/2016 $ 344,300 117% 2016 7075305 16785056 0.46 11415 VICKERY DR $ 438,0001 3,789 $ 115.60 9/30/20161 $ 380,200 115% 2016 7075304 6786509 0.501 1407 VICKERY DR $ 390,000 2,922 $ 133.47 10/4/2016 $ 316,900 123% 2016 7075315 6800 627 0.608 1300 VICKERY DR $ 436,500 3,073 $ 142.04 10/21/2016 $ 340,200 128% 2016 7075310 6802 034 0.565 1408 VICKERY DR $ 495,500 4,032 $ 122.89 10/24/2016 $ 387,300 128% 2016 7075309 6807378 0.53 1412 VICKERY DR $ 508,815 3,865 $ 131.65 10/28/2016 $ 406,700 125% 2016 7075303 6807 603 0.466 1401 VICKERY DR $ 435,000 3,571 $ 121.81 10/31/2016 $ 362,400 120% 2016 7075298 6835577 0.514 1201 VICKERY DR $ 480,705 3,956 $ 121.51 12/7/2016 $ 388,200 124% 2016 7075314 6843242 0.498 1304 VICKERY DR $ 464,900 3,850 $ 120.75 12/16/2016 $ 375,900 124% 2016 7075307 6843 367 0.466 1423 VICKERY DR $ 470,000 3,672 $ 128.00 12/19/2016 $ 362,500 130% 2016 7075326 6844281 0.463 2023 DON OVA N DR $ 450,500 2,922 $ 154.18 12/19/2016 $ 324,100 139% 2016 7075330 6847478 0.529 2028 DON OVA N DR $ 438,500 3,642 $ 120.40 12/22/2016 $ 355,500 123% 2016 7075335 6848 787 0.504 2011 CHALET LN $ 475,207 3,672 $ 129.41 12/27/2016 $ 363,700 131% 2016 7075331 6848807 0.473 2024DON OVA N DR $ 492,000 4,832 $ 101.82 12/27/2016 $ 420,500 117% 2016 7075332 6851725 0.461 2018 DONOVAN DR $ 454,348 3,594 $ 126.42 12/29/2016 $ 358,800 127% 2016 7075312 6851804 0.542 1402 VICKERY DR $ 417,000 3,037 $ 137.31 12/29/2016 $ 338,500 123% 2016 7075325 6859111 0.463 2019 DONOVAN DR $ 462,500 3,037 $ 152.29 1/13/2017 $ 338,900 136% 2016 7075317 6862313 0.496 1110 VICKERY DR $ 448,836 3,644 $ 123.17 1/19/2017 $ 376,500 119% 2016 7075313 6880472 0.497 1308 VICKERY DR $ 476,853 4,102 $ 116.25 2/22/2017 $ 395,100 121% 2016 7075350 6882 808 0.483 1004 KARA CT $ 459,050 3,430 $ 133.83 2/24/2017 $ 344,000 133% 2016 7075311 6883380 0.513 1406 VICKERY DR $ 499,900 4,240 $ 117.90 2/27/2017 $ 406,500 123% 2016 7075338 6886457 0.537 3021 CHALET LN $ 506,000 3,803 $ 133.05 3/2/2017 $ 369,800 137% 2016 7075337 6891603 0.531 3015 CHALET LN $ 442,890 3,036 $ 145.88 3/10/2017 $ 323,500 137% 2016 7075333 6892523 0.473 2012 DONOVAN DR $ 494,990 3,777 $ 131.05 3/13/2017 $ 382,500 129% 2016 7075345 6894492 0.534 3000 CHALET LN $ 432,000 3,109 $ 138.95 3/16/2017 $ 336,300 128% 2016 7075306 6896071 0.462 1419 VICKERY DR $ 455,800 3,488 $ 130.68 3/20/2017 $ 366,600 12461 2016 7075334 16903497 0.567 12002 DON OVA NDR $ 469,9001 3,430 $ 137.00 3/30/20171 $ 359,100 131% 2016 7075336 6928229 0.521 3003 CHALET LN $ 558,582 4,258 $ 131.18 5/9/2017 $ 403,700 138% 2017 7075343 6934030 0.544 3012 CHALET LN $ 502,000 3,646 $ 137.69 5/18/2017 $ 366,500 137% 2017 7075348 6943 103 0.473 1016 KARA CT $ 498,677 3,609 $ 138.18 5/31/2017 $ 366,200 136% 2017 7075344 6948415 0.56 3008 CHALET LN $ 512,900 4,059 $ 126.36 6/8/2017 $ 408,800 125% 2016 7075322 6954471 0.516 2005 DONOVAN DR $ 512,000 3,910 $ 130.95 6/16/2017 $ 388,900 132% 2017 7075341 6955 571 0.53 3024 CHALET LN $ 499,900 4,085 $ 122.37 6/19/2017 $ 395,600 126% 2017 7075340 6957267 0.482 3030 CHALET LN $ 465,335 3,462 $ 134.41 6/21/2017 $ 353,700 132% 2017 7075349 6961836 0.492 1010KARA CT $ 493,500 4,102 $ 120.31 6/28/2017 $ 395,100 125% 2017 7075297 6961627 0.509 1109 VICKERY DR $ 470,049 3,413 $ 137.72 6/28/2017 $ 358,800 131% 2017 7075347 6962 872 0.579 1020 KARA CT $ 507,500 3,885 $ 130.63 6/29/2017 $ 371,900 136% 2017 7075351 6964408 0.476 1002 KARA CT $ 440,000 3,528 $ 124.72 6/30/2017 $ 353,200 125% 2016 7075316 6965 130 0.568 1210 VICKERY DR $ 449,900 3,528 $ 127.52 6/30/2017 $ 353,400 127% 2016 7075346 6978225 0.567 1005 KARA CT $ 528,250 3,913 $ 135.00 7/21/2017 $ 390,200 135% 2017 7075329 7020463 0.541 2032 DONOVAN DR $ 457,400 3,000 $ 152.47 9/22/2017 $ 341,200 1349/. 2017 7075323 7029563 0.505 2009 DONOVAN DR $ 469,500 3,074 $ 152.73 10/6/2017 $ 342,000 137% 2017 7075328 7043656 0.613 2027 DON OVA N DR $ 513,500 3,963 $ 129.57 10/30/2017 $ 391,400 131% 2017 7075339 7043 673 0.548 3031 CHALET LN $ 443,000 3,074 $ 144.11 10/30/2017 $ 333,800 133% 2017 7075324 17064691 1 0.512 12015 DONOVAN DR 1$ 471,0851 3,609 1$ 130.53 1 12/4/2017 i$ 353,9001 133 o 2017 7075342 17072416 1 0.525 13018 CHALET LN 1 $ 495,0001 3,777 1 $ 131.06 112/15/20171 $ 382,300 129% 2017 7075327 17133380 1 0.467 12025 DON OVA NDR 1 $ 509,0001 3,735 1 $ 136.28 1 4/9/2018 1 $ 362,500 140% 1 2016 For the analysis, we used several units of comparison. The price point for the properties closest to the tower are within the range of the rest of the subdivision. While one sale is on the lower end of the range another is on the upper end of the (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 30 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 32 of 50 range indicating that the proximity to the cell tower does not influence the price point. We also looked at the price per square foot. Again, the sales in proximity to the tower were consistent with nominal variances with other properties in the subdivision. We also compared the sales prices to the assessed values of the properties. Again, this comparison yielded the same results that the market and prices paid for properties in proximity to the tower were not impacted by the tower. The next tower found is located southeast of the Prestwick subdivision in Charlotte, North Carolina. The following aerial shows the tower to the southeast of the subdivision. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 31 IMPACT STUDY VALLEY BROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 33 of 50 The tower is a monopole tower with some trees between the tower and the residential properties within Prestwick. The following chart provides a summary of sales within the subdivision with the properties highlighted in yellow having some level of visual influence from the tower. Parcel Number Book & Page Acreage Address Sale Amount Size SFD (SF) Price/SF Sale Date Assessed Value % of Assessed Value Year Built 7135197 6730543 0.16 5810 PARKSTON E DR $247,000 3,288 $75.12 7/26/2016 $246,000 1001/0 2006 7135211 7011590 0.15 5807 PARKSTONE DR $260,000 2,844 $91.42 9/8/2017 $224,100 116% 2006 7135214 6918096 0.14 5801 PARKSTON E DR $245,000 2,744 $89.29 4/24/2017 $217,400 113% 2006 7135218 6991886 0.16 5717 PARKSTON E DR $271,000 2,732 $99.19 8/10/2017 $218,500 124% 2006 7135221 6636021 0.17 5707 PARKSTON E DR $250,000 2,744 $91.11 3/21/2016 $220,300 113% 2006 7135228 6728324 0.17 5706 PARKSTON E DR $242,000 2,652 $91.25 7/25/2016 $212,300 114% 2006 7135238 6756020 0.18 3107 ROYAL TROON LN $260,000 2,744 $94.75 8/29/2016 $217,500 1201/o 2006 7135243 7228074 0.14 3005 ROYAL TROON LN $235,000 1,956 $120.14 8/31/2018 $179,400 131% 2006 7135190 7192422 0.14 5704 FALKIRK LN $274,000 2,856 $95.94 7/10/2018 $223,600 123% 2006 7135193 7228475 0.15 5800 PARKSTON E DR $287,500 3,026 $95.01 8/31/2018 $233,600 123% 2006 7135196 7154843 0.16 5808 PARKSTON E DR $256,000 2,744 $93.29 5/11/2018 $219,900 116% 2006 7135198 6903572 0.16 5812 PARKSTON E DR $262,000 2,744 $95.48 3/30/2017 $217,500 1201/o 2006 7135213 7199856 0.14 5803 PARKSTON E DR $277,000 2,732 $101.39 7/20/2018 $218,700 127% 2006 7135215 6985085 0.14 5723 PARKSTON E DR $245,000 3,268 $74.97 7/31/2017 $244,300 1001/0 2006 7135232 6890100 0.17 5714 PARKSTONE DR $238,000 1,794 $132.66 3/8/2017 $176,700 135% 2006 7135239 6820854 0.18 3105 ROYAL TROON DR $260,000 2,732 $95.17 11/16/2016 $225,700 115% 2006 7135279 7257886 0.14 5911 PARKSTON E DR $211,000 2,654 $79.50 10/25/2018 $213,200 99% 2007 7135284 7231065 0.16 5901 PARKSTON E DR $278,000 2,983 $93.19 9/6/2018 $231,100 1201/o 2007 7135201 7002308 0.18 5818 PARKSTON E DR $260,000 2,837 $91.65 8/25/2017 $224,700 116% 2007 7135256 6773258 0.14 5708 FALKIRK LN $232,500 2,104 $110.50 9/19/2016 $192,700 121% 2007 7135273 7232509 0.15 5910 PARKSTON E DR $273,000 3,075 $88.78 9/10/2018 $235,100 116% 2007 7135283 6943153 1 0.16 15903 PARKSTONE DR 1 $255,000 1 2,654 1 $96.08 1 5/31/20171 $212,500 1 1201/0 1 2007 Despite consideration of adjustments to the data set for a variety of physical and market variances, the single-family dwelling with the highest level of visual impact from the tower lies within the range of the data set presented. This analysis indicates that the visual impact of this tower does not substantially impact property values of residential properties. Other potential impacts to the surrounding area include noise, traffic, and lighting. The operation of a cell tower is essentially silent and would not influence the surrounding (NH-002) MPB REAL ESTATE, LLC Board of Commissioners -August 2, 2021 ITEM: 15- 10 - 32 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 34 of 50 developments. The additional traffic caused by the proposed development includes two to three trips a month for routine maintenance. Any increases in traffic are considered nominal and does not impact the abutting properties. One of the examples includes a lit tower with lattice construction posing a significantly higher visual impact than the proposed tower. Conclusions The market activity around cell towers indicates that the visual impact of the proposed tower is not reflected in the prices paid. In other words, if I were to appraise any of the abutting properties of the proposed development, the market data does not support any adjustments for the visual impact of the tower. Therefore, I conclude that the proposed development of a wireless telecommunications facility will not substantially injure the value of abutting properties. Qualitative Analysis In addition to the market activity for existing towers, we also consider the surrounding developments for the subject. The question posed for this study is "would the development of the wireless facility warrant a downward adjustment to neighborhood properties?" The information from the previous analysis indicates that there is no empirical evidence to support a quantitative adjustment. The following analysis is intended to determine whether a qualitative adjustment is warranted. Subject Neighborhood When considering qualitative adjustments in an appraisal, the appraiser must consider all factors that could contribute to an adjustment. The aesthetics and location of the proposed development as well as the existing developments are a factor in developing our opinion. The factors considered in developing our opinion include but are not necessarily limited to: • The market has not shown a detrimental impact on development patterns in areas with visual influence from a wireless facility. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 33 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 35 of 50 • The proposed development is located within the existing tree line that will screen a significant portion of the tower in all directions and minimize the potential impact. • The visual impact of the tower will not impede the view amenity of the golf course for the properties to the west. • Most properties in the area include screening from the street and the existing infrastructure. The indication is that there are existing external influences on properties in the neighborhood. All these factors would contribute to the aesthetic appeal and a hypothetical valuation of properties in the neighborhood. The multitude of factors indicates that multicollinearity for aesthetics exists. Multicollinearity arises when multiple items correlate with each other. The multiple factors can cause a distortion of the impact of any of the factors individually without consideration for all the factors that contribute to the common issue. As shown on the photos, there is a wastewater treatment facility located on the other side of the golf course. The location of this infrastructure reflects the development patterns of providing infrastructure in otherwise areas of limited utility. Sanitary sewer lines are prevalent in areas encumbered with floodplain. The development of infrastructure on sites with limited utility is consistent with the surrounding development patterns. The following provides a summary of our conclusions regarding the items for a special use permit. We reiterate these items for reference purposes. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 34 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 36 of 50 (1) The use will not materially endanger the public health or safety if located where proposed and approved. (2) The use meets all required conditions and specifications of the Zoning Ordinance; (3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. (4) The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Item 3 Cell towers are essentially silent and would not interfere with the use and enjoyment of properties in the area. The existing traffic for Valley Brook Road would increase nominally because of the proposed tower. Based on the market data presented and the siting of the proposed tower, we conclude that the proposed tower will not substantially injure the value of adjacent or abutting properties. The proposed location is consistent with other developments in the Wilmington area. Item 4 We conclude that the proposed development will be in harmony with the area. The development of the area includes infrastructure located in areas with limited utility. Therefore, it is our opinion that the proposed development in accordance with the proposed conditions will not substantially injure the value of adjacent or abutting properties. The proposed development has siting and existing buffers to minimize to the extent possible the visual impact of the proposed tower. It is my opinion that the proposed development will not substantially detract from the aesthetics or character of the neighborhood because of its location and existing above ground infrastructure and location adjacent to a golf course. 0 L Michael P. Berkowitz (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 35 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 37 of 50 Christopher B. Ferriss (Ivx 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 36 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 38 of 50 ADDENDA (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 37 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 39 of 50 Certifications (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 38 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 40 of 50 CERTIFICATION OF THE ANALYST I, Michael P. Berkowitz, certify that, to the best of my knowledge and belief, 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this study. 8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 10. I have made a personal inspection of the property that is the subject of this report. 11. No one provided significant real property appraisal assistance to the person(s) signing this certification other than those individuals having signed the attached report. P. BEP".. , * '« a8169 4 * Michael P. Berkowitz (NC State Certified General Real Estate Appraiser #A6169) *ROL1d �� (SC State Certified General Real Estate Appraiser #CG6277) tE �yFRAt APpRP�� July 26, 2021 Date (Rev: 06/18/12) (7VH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 39 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 41 of 50 CERTIFICATION OF THE ANALYST I, Christopher B. Ferris, certify that, to the best of my knowledge and belief, 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this study. 8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 10. I have made a personal inspection of the property that is the subject of this report. 11. No one provided significant real property appraisal assistance to the person(s) signing this certification other than those individuals having signed the attached report. (Rev: 06/18/12) 44~' �s a Au145 ER fi ce� �►� 0Rr `� , r . 01 rjA L Christopher B. Ferriss (NC State Certified General Real Estate Appraiser #A4445) July 26, 2021 Date (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 40 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 42 of 50 (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 41 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 43 of 50 ASSUMPTIONS AND LIMITING CONDITIONS (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 42 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 44 of 50 ASSUMPTIONS AND LIMITING CONDITIONS Limit of Liability The liability of MPB REAL ESTATE, LLC and employees is limited to the client only and to the fee actually received by our firm. Further, there is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. Further, client will forever indemnify and hold MPB REAL ESTATE, LLC, its officers, and employees harmless from any claims by third parties related in any way to the appraisal or study which is the subject of the report. Third parties shall include limited partners of client if client is a partnership and stockholders of client if client is a corporation, and all lenders, tenants, past owners, successors, assigns, transferees, and spouses of client. MPB REAL ESTATE, LLC will not be responsible for any costs incurred to discover or correct any deficiencies of any type present in the property, physically, financially, and/or legally. Copies, Distribution, Use of Report Possession of this report or any copy of this report does not carry with it the right of publication, nor may it be used for other than its intended use; the physical report remains the property of MPB REAL ESTATE, LLC for the use of the client, the fee being for the analytical services only. The bylaws and regulations of the Appraisal Institute require each member and candidate to control the use and distribution of each report signed by such member or candidate; except, however, the client may distribute copies of this report in its entirety to such third parties as he may select; however, selected portions of this report shall not be given to third parties without the prior written consent of the signatories of this report. Neither all nor any part of this report shall be disseminated to the general public by the use of advertising media, public relations, news, sales or other media for public communication without the prior written consent of MPB REAL ESTATE, LLC. Confidentiality This report is to be used only in its entirety and no part is to be used without the whole report. All conclusions and opinions concerning the analysis as set forth in the report were prepared by MPB REAL ESTATE, LLC whose signatures appear on the report. No change of any item in the report shall be made by anyone other than MPB REAL ESTATE, LLC. MPB REAL ESTATE, LLC shall have no responsibility if any such unauthorized change is made. MPB REAL ESTATE, LLC may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee as specified in writing except as may be required by the Appraisal Institute as they may request in confidence for ethics enforcement, or by a court of law or body with the power of subpoena. Trade Secrets This report was obtained from MPB REAL ESTATE, LLC and consists of "trade secrets and commercial or financial information" which is privileged and confidential and exempted from disclosure under 5 U.S.C. 552 (b) (4) of the Uniform Commercial Code. MPB REAL ESTATE, LLC shall be notified of any request to reproduce this report in whole or in part. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 43 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 45 of 50 Information Used No responsibility is assumed for accuracy of information furnished by or work of others, the client, his designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit or other sources thought reasonable; all are considered appropriate for inclusion to the best of our factual judgment and knowledge. An impractical and uneconomic expenditure of time would be required in attempting to furnish unimpeachable verification in all instances, particularly as to engineering and market -related information. It is suggested that the client consider independent verification as a prerequisite to any transaction involving sale, lease, or other significant commitment of funds for the subject property. Financial Information Our value opinion(s) have been based on unaudited financials, and other data provided to us by management and/or owners. If these reports are found to be inaccurate, we reserve the right to revise our value opinion(s). It is noted we are depending on these accounting statements as being accurate and our interpretation of these statements as being accurate as well. If these assumptions later prove to be false, we reserve the right to amend our opinions of value. Testimony, Consultation, Completion of Contract for Report Services The contract for report, consultation, or analytical service is fulfilled and the total fee payable upon completion of the report, unless otherwise specified. MPB REAL ESTATE, LLC or those assisting in preparation of the report will not be asked or required to give testimony in court or hearing because of having made the report, in full or in part, nor engage in post report consultation with client or third parties except under separate and special arrangement and at an additional fee. If testimony or deposition is required because of any subpoena, the client shall be responsible for any additional time, fees, and charges, regardless of issuing party. Exhibits The illustrations and maps in this report are included to assist the reader in visualizing the property and are not necessarily to scale. Various photographs, if any, are included for the same purpose as of the date of the photographs. Site plans are not surveys unless so designated. Legal, Engineering, Financial, Structural or Mechanical Nature, Hidden Components, Soil No responsibility is assumed for matters legal in character or nature, nor matters of survey, nor of any architectural, structural, mechanical, or engineering nature. No opinion is rendered as to the title, which is presumed to be good and marketable. The property is appraised as if free and clear, unless otherwise stated in particular parts of the report. The legal description is assumed to be correct as used in this report as furnished by the client, his designee, or as derived by MPB REAL ESTATE, LLC. MPB REAL ESTATE, LLC has inspected as far as possible, by observation, the land and the improvements; however, it was not possible to personally observe conditions beneath the soil, or hidden structural, mechanical or other components, and MPB REAL ESTATE, LLC shall not be responsible for defects in the property which may be related. The report is based on there being no hidden, unapparent, or apparent conditions of the property site, subsoil or structures or toxic materials which would render it more or less valuable. No (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 44 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 46 of 50 responsibility is assumed for any such conditions or for any expertise or engineering to discover them. All mechanical components are assumed to be in operable condition and status standard for properties of the subject type. Conditions of heating, cooling, ventilation, electrical, and plumbing equipment are considered to be commensurate with the condition of the balance of the improvements unless otherwise stated. We are not experts in this area, and it is recommended, if appropriate, the client obtain an inspection of this equipment by a qualified professional. If MPB REAL ESTATE, LLC has not been supplied with a termite inspection, survey or occupancy permit, no responsibility or representation is assumed or made for any costs associated with obtaining same or for any deficiencies discovered before or after they are obtained. No representation or warranties are made concerning obtaining the above mentioned items. MPB REAL ESTATE, LLC assumes no responsibility for any costs or consequences arising due to the need, or the lack of need, for flood hazard insurance. An agent for The Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance. Legality of Use The report is based on the premise that there is full compliance with all applicable federal, state and local environmental regulations and laws unless otherwise stated in the report; further, that all applicable zoning, building and use regulations, and restrictions of all types have been complied with unless otherwise stated in the report. Further, it is assumed that all required licenses, consents, permits, or other legislative or administrative authority, local, state, federal and/or private entity or organization have been or may be obtained or renewed for any use considered in the value estimate. Component Values The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other report and are invalid if so used. Auxiliary and Related Studies No environmental or impact studies, special market study or analysis, highest and best use analysis, study or feasibility study has been required or made unless otherwise specified in an agreement for services or in the report. Dollar Values, Purchasing Power The market value estimated and the costs used are as of the date of the estimate of value, unless otherwise indicated. All dollar amounts are based on the purchasing power and price of the dollar as of the date of the value estimate. Inclusions Furnishings and equipment or personal property or business operations, except as specifically indicated and typically considered as a part of real estate, have been disregarded with only the real estate being considered in the value estimate, unless otherwise stated. In some property types, business and real estate interests and values are combined. (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 45 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 47 of 50 Proposed Improvements, Special Value Improvements proposed, if any, onsite or offsite, as well as any repairs required, are considered for purposes of this report to be completed in a timely, good and workmanlike manner, according to information submitted and/or considered by MPB REAL ESTATE, LLC. In cases of proposed construction, the report is subject to change upon inspection of property after construction is completed. Value Change, Dynamic Market, Influences, Alteration of Estimate The estimated value, which is defined in the report, is subject to change with market changes over time. Value is highly related to exposure, time, promotional effort, terms, motivation, and conditions surrounding the offering. The value estimate considers the productivity and relative attractiveness of the property physically and economically in the marketplace. In cases of reports involving the capitalization of income benefits, the estimate of market value or investment value or value in use is a reflection of such benefits and MPB REAL ESTATE, LLC' interpretation of income and yields and other factors derived from general and specific client and market information. Such estimates are as of the date of the estimate of value; thus, they are subject to change as the market and value is naturally dynamic. The "estimate of market value" in the report is not based in whole or in part upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. Report and Value Estimate Report and value estimate are subject to change if physical or legal entity or financing differ from that envisioned in this report. Management of the Property It is assumed that the property which is the subject of this report will be under prudent and competent ownership and management. Hazardous Materials Unless otherwise stated in this report, the existence of hazardous substances, including without limitation, asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did MPB REAL ESTATE, LLC become aware of such during their inspection. MPB REAL ESTATE, LLC had no knowledge of the existence of such materials on or in the property unless otherwise stated. MPB REAL ESTATE, LLC, however, is not qualified to test such substances or conditions. If the presence of such substances such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimate is predicated on the assumption that there is no such condition on or in the property or in the proximity that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. Soil and Subsoil Conditions Unless otherwise stated in this report, MPB REAL ESTATE, LLC does not warrant the soil or subsoil conditions for toxic or hazardous waste materials. Where any suspected materials might (7VH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 46 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 48 of 50 be present, we have indicated in the report; however, MPB REAL ESTATE, LLC are not experts in this field and recommend appropriate engineering studies to monitor the presence or absence of these materials. Americans with Disabilities Act (ADA) "MPB REAL ESTATE, LLC has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the Americans with Disabilities Act (ADA), which became effective January 26, 1992. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since MPB REAL ESTATE, LLC has no direct evidence relating to this issue, we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property." (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 47 IMPACT STUDY VALLEY BROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 0 of 50 Qualifications of the Analyst (NH-002) MPB REAL ESTATE, LLC Board of Commissioners -August 2, 2021 ITEM: 15- 10 - 48 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 50 of 50 QUALIFICATIONS OF THE ANALYST Michael A Berkowitz MPB Real Estate, LLC, Inc. 1100 Sundance Drive Concord, North Carolina 28027 (704) 605-0595 EDUCATION AND CREDENTIALS • Duke University Major: Economics 1985-1989 • Central Piedmont Community College R-1 - Introduction to Real Estate Appraisal, 2002 R-2 - Valuation Principles and Procedures, 2002 R-3 - Applied Residential Property Valuation, 2002 G-1 - Introduction to Income Property Appraisal, 2003 • Bob Ipock and Associates G-2 - G-3 - • Appraisal Institute 520 Seminar 530 Seminar Seminar Seminar Seminar Advanced Income Capitalization Procedures, 2003 Applied Property Income Valuation 2004 Highest and Best Use and Market Analysis, 2004 Rates, Multipliers and Ratios 2005 Advanced Sales Comparison and Cost Approaches 2006 Apartment Appraisal, Concepts & Applications 2009 Appraising Distresses Commercial Real Estate 2009 Appraising Convenience Stores 2011 Analyzing Operating Expenses 2011 AFFILIATIONS AND ACTIVITIES • Association Memberships North Carolina State Certified General Real Estate Appraiser, October 2006, Certificate No. A6169 RELATED EXPERIENCE • Provided real estate consulting services for a variety of clients including real estate brokers, property owners and financial planners • Performed financial feasibility studies for multiple property types including golf communities, and renovation projects. • Developed plan for self-contained communities. • Race Track expertise (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 49 IMPACT STUDY VALLEYBROOK ROAD, WILMINGTON, NEW HANOVER COUNTY, NC Page 51 of 50 APPRAISAL EXPERIENCE A partial list of types of properties appraised include: Retail Properties, Single and Multi -Tenant, Proposed and Existing Office Single and Multi -Tenant Proposed and Existing Mixed -Use Properties, Proposed and Existing Industrial Properties, Warehouse, Flex and Manufacturing Vacant Land Condemnation C-Stores Race Tracks CLIENTELE Bank of America Transylvania County Cabarrus County Mecklenburg County City of Statesville NC Department of Transportation Henry County, GA Town of Loudon, NH First Citizens Bank City of Charlotte City of Concord Union County BB&T Aegon USA Realty Advisors Sun Trust Bank First Charter Bank Regions Bank Charlotte Housing Authority Alliance Bank and Trust Broadway Bank Duke Energy Corporation Jim R. Funderburk, PLLC Hamilton, Fay, Moon, Stephens, Steele & Martin Senator Marshall A. Rauch Perry, Bundy, Plyler & Long, LLP Robinson, Bradshaw & Hinson CSX Real Property Baucom, Clayton, Burton, Morgan & Wood, PA City of Mount Holly Our Towns Habitat for Humanity Parker, Poe, Adams & Bernstein, LLP Central Carolina Bank Southern Community Bank and Trust (NH 002) MPB REAL ESTATE, LLC Board of Commissioners - August 2, 2021 ITEM: 15- 10 - 50 PHOTO PRESENTATION Communications Tower Group LLC Wireless Communications Facility Documentation The proposed 130.0'AGL Telecommunications Facility is to be located at or near 902 The Cape Blvd, Wilmington, NC 28412. The site coordinates are N 34° 04' 22.77" W 77° 54' 06.46" (34.072992°-77.901794°). The site elevation is 7.4.0 ft AMSL. The stealth Concealment (Lamp Shade) style tower as simulated is at One Hundred and Thirty Feet (130 feet in height/ altitude) above ground at the centerline of the proposed tower facility location. Each of the Lamp Shade elements is 6 feet in diameter by 12 feet in height and spaced at 0 foot intervals. MICHAEL P SAMPAIR's TECHNICAL GRAPHICs SERVICES PROVIDING PROFESSIONAL SPECIALTY SERVICES TO THE TELECOMMUNICATIONS INDUSTRY Board of Commissioners - August,2, 2021 C TG# NC 0010081 THE CAPE BLVD WILMINGTON, NC C T G # NC 0010081 THE CAPE BLVD WILMINGTON, NC C rG C T G # NC 0010081 THE CAPE BLVD WILMINGTON, NC WI. ow ZZIVIL A -— l #` 1 TOWER e � 04 CrS-- /� ` - _� J - -� �` :yry '. �,�reirc:a. '/'j\�, .,•-- 't `'c J + _ ,f' *'`I TOwLR 1jriLd 4'I 7)Ft'r}i,1_-t�4 _ +t1Q��/ ,� �'d, ' ` �.� ,i 7t�. 4�1•`- iT !' n;: j`yy4J�!1�� •r, R- � ♦fir *'�4 . 'iK ,dry � 1� � . r '-� ` °'' ( - _ $'�Y� ..�:°i � t a y , �1, „w - �'� '.� �x^�. 5, k`.oyf�`':.,;d,�,, vim. ��:'^ a iy�. • 4 '*-TOWER`� F.. - � is n �, t a mm i MAR, --- ---�,�.+� ,�` : � � a ..• ` 9v�- .`1LJly,U1Ll�-- ��,p�t�}.,�.- - �4'�! .. ,vim'-- 9�`.'�"` :•�1'4�.. o y �� MjKd �t'*—TOWER Y-Br, .... Sr T "rat} a,1^�•� � _ �" afar 1 ,'., 17 k, y� /TOWER-Nley,Rd 10 �Valley_Br °Ok`R ` - :.y� "� � ♦gam, � �: a .9F y� � C ••j� F� {�. V .s 57, �TOWER 40 �1 - - ►�yf l'.' 'i B� �.� f a Lh � Y J fi l ,�. .�.� � ram, e_ ' �'.9ii ( .•a 'I F �}T�jCw: ��ro ry . _v`� ,� �x - iJ � � � _ ' p1�j •may_ ^ ..,. , - /' — ..� k uI t" �_' _ TOWER 4e000' r 'k Ook- 4 air i V�. V 4 10 �� ly��.1� • y y. ' e '� _.� _err- _ _} C T G # NC 0010081 THE CAPE BLVD `VILMINGTON, NC SIMULATED VIEW FROM LOCATION rJ Board of Commissioners - August 2, 2021 . ITEM: 15- 11 -' 1 - of I S • revision 20210 72-5-2327 3 TOWER �IL r w TOW -T ok;R. C T G # NC 0010081 THE CAPE BLVD WILMINGTON, NC VIEW FROM LOCATION 8 Board of Commissioners -August 2, 2021 . ITEM: 15 11 Pa 117 of I S • rer�sion 2021072�-d327 C T G # NC 0010081 THE CAPE BLVD `VILMINGTON, NC SIMULATED VIEW FROM LOCATION 8 Board of Commissioners - August 2, 2021 ITEM: 15- 11 -'1GIs of18 • revision 2021072-5-2327 PROPOSED SITE PLAN Board of Commissioners - August 2, 2021 ITEM: 15- 12 - 1 -LOCATION MAP -PROJECT DIRECTORY PROPERTY OWNER: SOUTHEASTERN ENTERPRISES, INC 1202 LAKE PARK BLV N CAROLINA BEACH, NC 28428 APPLICATION: COMMUNICATIONS TOWER GROUP (CTG) 15720 BRIXHAM HILL AVE. SUITE 300 CHARLOTTE, NC 28277 BRAD LAGANO (E) blagano.ctowergroup.com (P) 704-992-7522 REAL ESTATE: COMMUNICATIONS TOWER GROUP (CTG) 15720 BRIXHAM HILL AVE. SUITE 300 CHARLOTTE, NC 28277 TERRY THOMAS (E) tthomas@ctowergroup.com (P) 727-254-7458 ENGINEERING: P. MARSHALL & ASSOCIATES 3545 WHITEHALL PARK DRIVE SUITE 450 CHARLOTTE, NORTH CAROLINA 28273 TREVOR MCALLISTER (E) tmcallister@pmoss.com (P) 478-542-3291 CALL BEFORE YOU DIG CALL BEFORE YOU DIG N. CAROLINA ONE -CALL 811 http://www.nc8l 1.com/ Board of Commissk -PROJECT SUMMARY SCOPE OF WORK PROPOSED WORK WILL CONSIST OF PREPARATION AND INSTALLATION OF CELLULAR COMMUNICATION COMPOUND. CONSISTING OF GRADING SITE WORK AND POURING OF CONCRETE FOUNDATIONS FOR CELLULAR EQUIPMENT & TOWER WHERE ALL WORK SHALL BE CONTAINED WITHIN SUBJECT PROPERTY LINES. CODES ALL CONSTRUCTION SPECIFIED ON DOCUMENTS SUBMITTED FOR BUILDING PERMIT SHALL COMPLY WITH THE REQUIREMENTS OF THE FOLLOWING & ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES: • 2018 INTERNATIONAL BUILDING CODE W/ NC AMENDMENTS • 2018 INTERNATIONAL FIRE CODE W/ NC AMENDMENTS • 2018 INTERNATIONAL PLUMBING CODE W/ NC AMENDMENTS • 2018 INTERNATIONAL MECHANICAL CODE W/ NC AMENDMENTS • 2009 INTERNATIONAL ENERGY CONSERVATION CODE • 2017 NATIONAL ELECTRICAL CODE - NFPA 70 • TIA-222-G • TIA-1019-A SITE DESIGN SUMMARY: •• WIND LOAD DESIGN: 90/120 mph •• EXPOSURE CATEGORY: II •• OCCUPANCY: U •• CONSTRUCTION TYPE: II -A • FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAP ACCESS IS NOT REQUIRED. • FACILITY HAS NO SANITARY OR POTABLE WATER • THERE IS "NO EMERGENCY RESPONSE EQUIPMENT ON THE TOWER AND EXISTING &/OR PROPOSED EQUIPMENT WILL NOT INTERFERE WITH COUNTY EMERGENCY COMMUNICATIONS AND THAT, IF SUCH, INTERFERENCE IS FOUND TO EXIST, THEN APPLICANT WILL TAKE WHATEVER STEPS NECESSARY TO CORRECT INTERFERENCE." FEMA PANEL: THIS SITE IS IN A SPECIAL FLOOD HAZARD AND LABELED ZONE "X SHADED" W/ 0.2% CHANCE OF FLOOD HAZARD, AS SHOWN PER FIRM PANEL: 3720313200K. DATED: 08/28/2018 - August 2, 2021 cTc SITE NAME: THE CAPE BLVD SITE NUMBER: CTG-NC 0010081 D O DESCRIPTION: NEW SITE DEVELOPMENT 130' MONOPOLE TOWER P ITr PIIAI AI A AV NIIL JVIY11•\AI\1 NEAREST SITE ADDRESS: 902 THE CAPE BLVD WILMINGTON, NC 28412 SITE LATITUDE(NAD83): 34° ON 22.77" (34.072992° ) SITE LONGITUDE(NAD83): -77' 54' 06.46" (-77.901794° ) GND ELEVATION (NAVD88): 7.4' AMSL TOWER HGHT (AGL.): 130.0' JURISDICTION: NEW HANOVER COUNTY PARCEL ID: R08500-002-070-000 ZONING: R-15 ACREAGE (BUA): 259,182 SQFT. (5.95 ACRES) (E) IMPERVIOUS SURFACE: 0 SQFT. (P) IMPERVIOUS SURFACE: COMPOUND @ 10,000 SQFT +DRIVE @2,725.087 SQFT. = 12,725.087 SQFT. UTILITIES: POWER COMPANY: NA FIBER COMPANY: NA —SHEET INDEX T-1 TITLE SHEET SUPPLEMENTAL SHEET T-2 GENERAL NOTES - SURVEY C-1 OVERALL SITE PLAN T-1 A APPENDIX B SHEETS C-2 ENLARGED SITE PLAN T-1 B APPENDIX B SHEETS C-3 COMPOUND PLAN C-4 TOWER ELEVATION C-5 CONSTRUCTION DETAILS -ACCESS C-6 CONSTRUCTION DETAILS- FENCE C-7 CONSTRUCTION DETAILS -COMPOUND C-8 SIGN DETAILS C-9 GRADING NOTES & DETAILS C-10 GRADING NOTES & DETAILS C-1 1 GRADING &EROSION CONTROL PLAN C-12 LANDSCAPING PLAN E-1 ELECTRICAL NOTES E-2 ELECTRICAL ONE -LINE E-3 GROUNDING PLAN E-4 ELECTRICAL DETAILS LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD.I CTG-NC 0010081 A 1 5/12/21 1 FINAL B 17/15/211 REVISION PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 TITLE SHEET T-1 GENERAL NOTES THIS SPECIFIC PURPOSE SURVEY IS FOR THE LEASED PREMISES AND EASEMENTS ONLY. THIS SPECIFIC PURPOSE SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF COMMUNICATIONS TOWER GROUP LLC AND EXCLUSIVELY FOR THE TRANSFERRAL OF THE LEASED PREMISES AND THE RIGHTS OF EASEMENT SHOWN HEREON AND SHALL NOT BE USED AS AN EXHIBIT OR EVIDENCE IN THE FEE SIMPLE TRANSFERRAL OF THE PARENT PARCEL NOR ANY PORTION OR PORTIONS THEREOF. BOUNDARY INFORMATION SHOWN HEREON HAS BEEN COMPILED FROM TAX MAPS AND DEED DESCRIPTIONS ONLY. NO BOUNDARY SURVEY OF THE PARENT PARCEL WAS PERFORMED. THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. EQUIPMENT USED FOR ANGULAR & LINEAR MEASUREMENTS: LEICA TPS 1200 ROBOTIC & GEOMAX ZENITH 35. [DATE OF LAST FIELD VISIT: 04/14/20211 THE P CONTOURS AND SPOT ELEVATIONS SHOWN ON THIS SPECIFIC PURPOSE SURVEY ARE ADJUSTED TO NAVD 88 DATUM (COMPUTED USING GEOIDI8) AND HAVE A VERTICAL ACCURACY OF t 05. CONTOURS OUTSIDE THE IMMEDIATE SITE AREA ARE APPROXIMATE. BEARINGS SHOWN ON THIS SPECIFIC PURPOSE SURVEY ARE BASED ON NC GRID NORTH (NAD 83). PER THE FEMA FLOODPLAIN MAPS, THE SITE IS LOCATED IN AN AREA DESIGNATED AS SHADED ZONE X (AREA OF 0.2% ANNUAL CHANCE FLOOD HAZARD). COMMUNITY PANEL NO.: 3720313100K DATED: 08/28/2018. HOWEVER, BASED ON SITE ELEVATIONS, IT APPEARS THE SITE COULD BE LOCATED IN FLOOD ZONE "AE' (BASE FLOOD ELEVATION = 91 NO WETLAND AREAS HAVE BEEN INVESTIGATED BY THIS SPECIFIC PURPOSE SURVEY. ALL ZONING INFORMATION SHOULD BE VERIFIED WITH THE PROPER ZONING OFFICIALS. ANY UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM ABOVE GROUND FIELD SURVEY INFORMATION. THE SURVEYOR MAKES NO GUARANTEES THAT ANY UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN-SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT ANY UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED ANY UNDERGROUND UTILITIES. N/F TELFAIR SUMMIT HOMEOWNER IPF ASSOCIATION, INC. T-BAR PARCEL# R08500-002-072-000 BK 5004 PG 581 ZONED R-15 / PHASE 8 148 PIG 25 IPF T-BAR SURVEYOR CERTIFICATION I HEREBY CERTIFY THAT THIS MAP IS CORRECT AND WAS DRAWN UNDER MY DIRECT SUPERVISION. ANY VISIBLE ENCROACHMENTS ARE SHOWN HEREON. DATE:04/27/2021 G. DARRELL TAYLOR, NORTH CAROLINA PROFES LAND SURVEYOR #L-3729 POINT TO POINT LAND SURVEYORS, INC. THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. GPS NOTES PARENT PARCEL OWNER: SOUTHEASTERN ENTERPRISES, INC. SITE ADDRESS: VALLEY BROOK ROAD, WILMINGTON, NC 28412 PARCEL ID: R08500-002-070000 AREA: 5.94 ACRES (PER TAX ASSESSOR) ZONED: R-15 ALL ZONING INFORMATION SHOULD BE VERIFIED WITH THE PROPER ZONING OFFICIALS REFERENCE: 1) BOOK 5106 PAGE 20 2) MAP BOOK 45 PAGE 182 THE FOLLOWING GPS STATISTICS UPON WHICH THIS SURVEY IS BASED HAVE BEEN PRODUCED AT THE 95% CONFIDENCE LEVEL: POSITIONAL ACCURACY: 0.07 FEET (HORZ) 0.10 FEET (VERT) TYPE OF EQUIPMENT: GEOMAX ZENITH35 PRO BASE AND ROVER, DUAL FREQUENCY TYPE OF GPS FIELD PROCEDURE: REAL-TIME KINEMATIC NETWORKS DATES OF SURVEY: 04/14/2021 DATUM / EPOCH: NAD_83(2011XEPOCH:2010.0000) PUBLISHED / FIXED CONTROL USE: N/A GEOID MODEL: 18 COMBINED GRID FACTOR(S): 1.00008432 CONVERGENCE ANGLE: 00'38'01.87" BENCHMARKS USED: ADJUSTED NETWORK SOLUTION USING LEICA SMARTNET REFERENCE STATION NETWORK $ WETLAND LIMAS AS SCALED FROM NATIONAL WETLANDS INVENTORY THIS SITE IS LOCATED \ IN WETLANDS AREA 'PF04Bd' - PER NATIONAL WETLANDS INVENTORY \ / ZONE "X" (AREA OF MINIMAL FLOOD HAZARD) POC: IPF 1/2" OTF IN: 119385.9497 E: 2331933.5791 / SHADED ZONE "X" S82 21 (0.2% ANNUAL CHANCE 09't FLOOD HAZARD) - - - 213.47' A=202 4g � CHID S75139 E g -202 42, � _/cD/STA/VE 63036' .- _ HT CS 143.465E o k. EP - -- POC POINT OF COMMENCEMENT OTP OPEN -TOP PIPE UP UTILITY POLE LP LIGHT POLE INV INVERT Ep EDGE OF PAVEMENT OU OVERHEAD UTILITY CMP CORRUGATED METAL PIPE RCP REINFORCED CONCRETE PIPE PVC POLYVINYL CHLORIDE PIPE GW GUY WIRE ANCHOR TR TRANSFORMER MP MAP BOOK III NOW OR FORMERLY R,W RIGHT-OF-WAY POB: INGRESS -EGRESS, FIBER & UTILITY EASEMEr N: 119290.5362 E: 2332484.3938 III wil below. Call before you dig. Board of Commissioners -August 2, 2021 LEASE AREA (SEE SHEET 2) N/F SOUTHERN DESTINY, LLC PARCEL# R08500-002-029-002 BK 5112 PG 75 ZONED R-15 TRACT 1 MB 50 PG 261 PARENT PARCEL N/F SOUTHEASTERN ENTERPRISES, INC. PARCEL# R08500-002-070-000 BK 5106 PG 20 MB 45 PG 182 ZONED R-15 C/L 30' INGRESS -EGRESS, r FIBER & UTILITY EASEMENT (SEE SHEET 2) 659.E I �' 25' LANDSCAPE BUFFER/ TREE PRESERVATION AREA I I (SEE SHEET 2) I - LIMITS OF FLOOD ZONE "AE" AS SCALED FROM FEMA PANEL 3720313100K FLOOD ZONE "AE" (BASE FLOOD ELEVATION = 91 77 V�-44- J.,\ si�yr o�sT/1/vQ1_ -a (60 pRBgOp� R pqD �9 S4 -�-ry f- DRAINAGE SPEED %E R�WI 13 14 EASEMENT LIMIT O 15 (MB 34 PG 359) 35 MPH p ,, 50 0 100 200 GRAPHIC SCALE IN FEET SCALE: 1" = 100' VICINITY MAP NOT TO SCALE N/F STEPHEN L. DAY w z C I & MELODY S. DAY wcL o co N PACEL# R08510-007-013-000 BK 5908 PG 987 nc Z?NED R-15 60 0" LOT 62 MB 21 PG 92 j IPF 1/2" C SHADED ZONE "X" (0.2% ANNUAL CHANCEFLOOD HAZARD) I LOUIS H. CRESS & KATHLEEN DOUGHERTY PARCEL# R08510-007-021-000 BK 6016 PG 505 ZONED R-15 LOT 18 MB 34 PG 359 N/F JAMES M. ROMERO, JR. & JANICE G. ROMERO PARCEL# R08510-007-020-000 BK 6286 PG 2379 ZONED R-15 LOT 17 MB 34 PG 359 N/F %JACK RUSSELL BREWSTER & RITA ANN BREWSTER //PARCEL# R08510-007-019-000 BK 5335 PG 1788 ZONED R-15 LOT 16 MB 34 PG 359 N/F CAITLIN GRICZEWICZ & STEPHEN A. RIES /PARCEL# R08510-007-018-000 BK 6149 PG 1 ZONED R-15 LOT 15 / MB 34 PG 359 10' UTILITY EASEMENT (MB 34 PG 359) CARVESSI C� �f 0 q EA = SURVEYOR �gRRELL NO. DATE REVISION V / r� z O M Ln O m o � � Lfi . 4- � � U O� a O N Ur%� E LU LU ��/� �/� z � d� E a c cU� 0 a Z z > NLfl V7 U 0 + CO Q O J �0 � I..L WO a� iiriCL a 3 SPECIFIC PURPOSE SURVEY PREPARED FOR. G COMMUNICATIONS TOWER GROUP, LLC 15720 BRIXHAM HILL AVE, SUITE 300 CHARLOTTE, INC 28277 THE CAPE BLVD. CTG-NC 0010081 FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA DRAWN BY: NRW SHEET: CHECKED BY: JKL APPROVED: D. MILLER DATE: APRIL 27, 2021 P2P JOB #: 210496NC I OF 3 SITE INFORMATION LEASE AREA = 10,000 SQUARE FEET (0.2296 ACRES) LATITUDE = 34'04'22.77' (NAD 83) (34.072992°) LONGITUDE =-77'54'06.46' (NAD 83) (-77.901794') AT CENTER OF LEASE AREA ELEVATION AT CENTER OF LEASE AREA = 7.4' A.M.S.L. POC POINT OF COMMENCEMENT OTP OPEN -TOP PIPE UP UTILITY POLE Lp LIGHT POLE INV INVERT Ep EDGE OF PAVEMENT OU OVERHEAD UTILITY CMP CORRUGATED METAL PIPE RCP REINFORCED CONCRETE PIPE PVC POLYVINYL CHLORIDE PIPE GW GUY WIRE ANCHOR TR TRANSFORMER MP MAP BOOK N/F NOW OR FORMERLY R/W RIGHT-OF-WAY THIS SITE IS LOCATED IN WETLANDS AREA'PF04Bd" PER NATIONAL WETLANDS INVENTORY SHADED ZONE "X' I (0.2% ANNUAL CHANCE I FLOOD HAZARD PER PANEL 3720313100K) ^ I I C/L 30' INGRESS —EGRESS, I FIBER & UTILITY EASEMENT \ (RIGHTS TO BE ACQUIRED) I l I � O WETLAND LIMTS AS SCALED FROM NATIONAL WETLANDS INVENTORY FLOOD ZONE "AE' FLOOD 25' LANDSCAPE BUFFER/ — c (PER PANEL 3720318 00K) ) TREE PRESERVATION AREA (RIGHTS TO BE ACQUIRED) _ LEASE AREA (RIGHTS TO BE ACQUIRED) POB: kEA I i SEAREq I' � IS7�22 �s E , it I I �' OQ 00, � o ,r o O 0 h / LIMITS OF FLOOD ZONE'AE" ^o AS SCALED FROM FEMA PANEL 3720313100K POB: INGRESS -EGRESS, I % N / h FIBER & UTILITY EASEMENT i N: 119290.5362 E: 2332484.3938 TBM: MAG NAIL SET 00 I IN TREE STUMP I = ELEVATION = 9.96' FIBER OPTIC MARKERS(2) TELCO _ Ip s,,\ TREE"LIVE-- I --- EP \ EP ---__ - i ---- o FREE LP& --------- - - \ TELCO 15' CMP _ 14 e n INV: 6.7 EE \ 014 - I- n 15' CMP INV: 5.5 (END BURIED) Board of Commissioners - August 2, 2021 25 0 50 100 GRAPHIC SCALE IN FEET SCALE: 1' = 50' �q oEyBRo0,41f PT RRp�D� #14 <15 lAl CARC� \ Q` QFESSIp Q� H4- �9 , = EA = AND SuRgo' �gRRELL //'IIIIIII`\\ V0. DATE REVISION V / r� z O M Ln LLI 0 LLI Lfi Ll U O Q0 a O 0 ca ro E�� N ��^ 4:� � E a c cUul 0 cu a Z 0 0)> N Lq V7 U O 00 Q O J Q �O cu LL O a) - a LL. I(3 SPECIFIC PURPOSE SURVEY PREPARED FOR. G COMMUNICATIONS TOWER GROUP, LLC 15720 BRIXHAM HILL AVE, SUITE 300 CHARLOTTE, NC 28277 THE CAPE BLVD. CTG-NC 0010081 FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA DRAWN BY: NRW SHEET: CHECKED BY: JKL APPROVED: D. MILLER DATE: APRIL 27, 2021 JOB #: 210496NC I OF 3 PARENT PARCEL (AS PROVIDED IN COMMITMENT 01 20079710-01 T) SITUATED IN THE COUNTY OF NEW HANOVER, STATE OF NORTH CAROLINA: THOSE TRACTS BORDERING ON VALLEY BROOK ROAD SHOWN AS 5.94 ACRES FUTURE DEVELOPMENT AND COMMON AREA - CONSERVATION AREA ON THAT PLAT RECORDED IN MAP BOOK 45 AT PAGE 182 IN THE NEW HANOVER COUNTY REGISTRY. TAX ID: R08500-002-070-000 BEING THE SAME PROPERTY CONVEYED TO SOUTHEASTERN ENTERPRISES, INC., GRANTEE, FROM TELFAIR SUMMIT, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY, GRANTOR, BY DEED RECORDED 11/16/2006, AS BOOK 5106, PAGE 20 OF THE NEW HANOVER COUNTY RECORDS. 30' INGRESS -EGRESS, FIBER & UTILITY EASEMENT TOGETHER WITH A 30-FOOT WIDE INGRESS -EGRESS, FIBER AND UTILITY EASEMENT (LYING 15 FEET EACH SIDE OF CENTERLINE) LYING AND BEING IN FEDERAL POINT TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA, BEING A PORTION OF THE LANDS OF SOUTHEASTERN ENTERPRISES, INC., AS RECORDED IN BOOK 5106 PAGE 20 OF THE NEW HANOVER COUNTY REGISTRY, BEING DESCRIBED BY THE FOLLOWING CENTERLINE DATA: TO FIND THE POINT OF BEGINNING, COMMENCE AT A 1/2-INCH OPEN -TOP PIPE FOUND ON THE NORTHERLY RIGHT-OF-WAY LINE OF VALLEY BROOK ROAD (HAVING A 60-FOOT PRIVATE RIGHT-OF-WAY), SAID PIPE MARKING THE SOUTHWEST CORNER THE LANDS DESIGNATED AS THE 5.94 ACRES FUTURE DEVELOPMENT TRACT ON THAT PLAT RECORDED IN MAP BOOK 45 PAGE 182 OF THE NEW HANOVER COUNTY REGISTRY AND SAID PIPE HAVING A NORTH CAROLINA GRID NORTH NAD83 VALUE OF N: 119385.9497 E: 2331933.5791; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF VALLEY BROOK ROAD, SOUTH 82'21'09" EAST, 213.47 FEET TO A POINT; THENCE, 202.48 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2326.59 FEET AND BEING SCRIBED BY A CHORD BEARING, SOUTH 79-51'39" EAST, 202.42 FEET TO A POINT; THENCE, SOUTH 77'22'05" EAST, 143.46 FEET TO A POINT HAVING A NORTH CAROLINA GRID NORTH, NAD83, VALUE OF N: 119290.5362, E: 2332484.3938 AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF VALLEY BROOK ROAD AND RUNNING, NORTH 12'37'55" EAST. 205.00 FEET TO THE ENDING AT A POINT. BEARINGS BASED ON NORTH CAROLINA GRID NORTH, NAD83. LEASE AREA ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN FEDERAL POINT TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA, BEING A PORTION OF THE LANDS OF SOUTHEASTERN ENTERPRISES, INC., AS RECORDED IN BOOK 5106 PAGE 20 OF THE NEW HANOVER COUNTY REGISTRY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING, COMMENCE AT A 1/2-INCH OPEN -TOP PIPE FOUND ON THE NORTHERLY RIGHT-OF-WAY LINE OF VALLEY BROOK ROAD (HAVING A 60-FOOT PRIVATE RIGHT-OF-WAY), SAID PIPE MARKING THE SOUTHWEST CORNER THE LANDS DESIGNATED AS THE 5.94 ACRES FUTURE DEVELOPMENT TRACT ON THAT PLAT RECORDED IN MAP BOOK 45 PAGE 182 OF THE NEW HANOVER COUNTY REGISTRY, AND SAID PIPE HAVING A NORTH CAROLINA GRID NORTH, NAD83, VALUE OF N: 119385.9497, E: 2331933.5791; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF VALLEY BROOK ROAD, SOUTH 82'21'09" EAST, 213.47 FEET TO A POINT; THENCE, 202.48 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2326.59 FEET AND BEING SCRIBED BY A CHORD BEARING, SOUTH 79-51-39" EAST, 202.42 FEET TO A POINT; THENCE, SOUTH 77'22'05" EAST, 143.46 FEET TO A POINT HAVING A NORTH CAROLINA GRID NORTH, NAD83, VALUE OF N: 119290.5362, E: 2332484.3938; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF VALLEY BROOK ROAD AND RUNNING, NORTH 12°37'55" EAST, 205.00 FEET TO A POINT; THENCE ALONG A TIE LINE, SOUTH 45'21'46" EAST, 47.17 FEET TO A POINT AND THE TRUE POINT OF BEGINNING; THENCE RUNNING, SOUTH 77°22'05" EAST, 100.00 FEET TO A POINT; THENCE, SOUTH 12'37'55" WEST, 100.00 FEET TO A POINT; THENCE, NORTH 77'22'05" WEST, 100.00 FEET TO A POINT; THENCE, NORTH 12'37'55" EAST, 100.00 FEET TO A POINT AND THE POINT OF BEGINNING. BEARINGS BASED ON NORTH CAROLINA GRID NORTH, NAD83. SAID TRACT CONTAINS 0.2296 ACRES (10,000 SQUARE FEET), MORE OR LESS. TITLE EXCEPTIONS THIS SURVEY WAS COMPLETED WITH THE AID OF TITLE WORK PREPARED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, COMMITMENT DATE OF 07IV612020 AT 7:00 A.M., BEING COMMITMENT NO. 01-20079710 01 T, FOR THE PARENT PARCEL, TO DETERMINE THE IMPACTS OF EXISTING TITLE EXCEPTIONS. 9. RIGHT OF WAY IN FAVOR OF CAROLINA POWER AND LIGHT COMPANY, RECORDED 0212811962IN BOOK 672, PAGE 466 OF NEW HANOVER COUNTYRECORDS. BECAUSE THE DESCRIPTION OF THIS EASEMENT IS VAGUE, WE ARE UNABLE TO ASCERTAIN THE EXACT LOCATION THEREOF]. 10. DECLARATION OF FINAL RESOLUTION OF CLAIM TO SUBMERGED LANDS, RECORDED 0711011989, IN BOOK 1462, PAGE 1250 OF THE NEW HANOVER COUNTY RECORDS. BECAUSE THE DESCRIPTION OF THIS ITEM IS VAGUE, WE ARE UNABLE TO ASCERTAIN THE EXACT LOCATION THEREOF]. 11. RIGHT OF WAY IN FAVOR OF CAROLINA POWER AND LIGHT COMPANY, RECORDED 01/04/1995 IN BOOK 1844, PAGE 432 OF NEW HANOVER COUNTYRECORDS. BECAUSE THE DESCRIPTION OF THIS EASEMENT IS VAGUE, WE ARE UNABLE TO ASCERTAIN THE EXACT LOCATION THEREOFI. 12. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF TELFAIR SUMMIT, L.L.C., RECORDED 02116111998, IN BOOK 2311, PAGE 417 OF THE NEW HANOVER COUNTY RECORDS. NOTE: AMENDMENT OF DECLARATION OF RESTRICTIONS OF TELFAIR SUMMIT RECORDED 0910411998, AS BOOK 2429, PAGE 573 OF THE NEW HANOVER COUNTY RECORDS. [THIS ITEM IS APPLICABLE TO THE PARENT PARCEL]. 13. AGREEMENT TO MAINTAIN ROADWAY AND ENTRANCE, BY AND BETWEEN TELFAIR SUMMIT HOA, INC. TELFAIR SUMMIT L.L.C., AND TELFAIR FOREST HOMEOWNER'S ASSOCIATION, INC., RECORDED 0211611998, IN BOOK 2311, PAGE 719 OF THE NEW HANOVER COUNTY RECORDS. [THIS ITEM IS APPLICABLE TO VALLEY BROOK ROAD] 14. SUBJECT TO COVENANTS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS OF WAYAND BUILDING SETBACKS, IF ANY, AS SHOWN ON THE PHASE 1 TELFAIR SUMMIT TOWNHOMES PLAT, AS RECORDED IN PLAT BOOK 37, PAGE 317, RECORDED DATE 01/1911998IN NEW HANOVER COUNTY RECORDS. [THIS ITEM IS APPLICABLE TO THE PARENT PARCEL]. 15. SUBJECT TO COVENANTS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS OF WAYAND BUILDING SETBACKS, IF ANY, AS SHOWN ON THE PHASE 7 TELFAIR SUMMIT TOWNHOMES PLAT, AS RECORDED IN PLAT BOOK 45, PAGE 182, RECORDED DATE 0112812004 IN NEW HANOVER COUNTY RECORDS. [THIS ITEM IS APPLICABLE TO THE PARENT PARCEL]. CARC� \ Q` °FESSIO Q� H4- �9 , = EA = Sao SURVEY°R_ �gRRELL V0. DATE REVISION V / r� zp M Lc) E . _ ■ 1 1�1 Lti . 4- � � ^ LL U OQ0 a N cam.) r% E " CD C NO w ��/� �/ J z i d. E a c cU� O a z 0 z > N Lq V7 v O 00 Q O "O w � cL LL j O a� LZ rl CL a 3 SPECIFIC PURPOSE SURVEY PREPARED FOR. cTG COMMUNICATIONS TOWER GROUP, LLC 15720 BRIXHAM HILL AVE, SUITE 300 CHARLOTTE, NC 28277 THE CAPE BLVD. CTG-NC 0010081 ry FEDERAL POINT TOWNSHIP ry NEW HANOVER COUNTY NORTH CAROLINA DRAWN BY: NRW SHEET: CHECKED BY: JKL - APPROVED: D. MILLER DATE: APRIL 27, 2021 3 Board of Commissioners - August 2, 2021 (SURVEY NOT VALID WITHOUT SHEETS 1 & 2 OF 3 2018 APPENDIX B BUILDING CODE SUMMARY FOR ALL COMMERCIAL PROJECTS (EXCEPT 1 AND 2-FAMILY DWELLINGS AND TOWNHOUSES (Reproduce the following data on the building plans sheet 1 or 2) Name of Project: CTG RAW -LAND MONOPOLE -THE CAPE BLVD-NC-0010081 Address: 902 THE CAPE BLVD WILMINGTON, NC Zip Code 28412 Owner/Authorized Agent: PM&A; TREVOR MCALLISTER Phone # ( 678 ) 280 - 2325 E-Mail Owned By: ❑ City/County ® Private ❑ State Code Enforcement Jurisdiction: ❑ City 0 CountyNEW HANOVER ❑ State CONTACT: P. MARSHALL & ASSOCIATES DESIGNER FIRM NAME LICENSE # TELEPHONE # E-MAIL Architectural ( ) Civil P. MARSHALL & ASSOCIATES PATRICK MARSHAL L 024136 (_EZL) 280-2325 Electrical ( ) Fire Alarm ( ) Plumbing (_) Mechanical (_) Sprinkler -Standpipe (_) Structural (_) Retaining Walls >5' High ( ) Other P. MARSHALL & ASSOCIATES TREVOR MCALLISTER (478 ) 542-329 TMCALLISTER@PMASS.COM ("Other" should include firms and individuals such as truss, precast, pre-engineered, interior designers, etc.) 2018 NC BUILDING CODE: ❑ New Building ❑ Shell/Core ❑ I` Time Interior Completions ❑ Addition ❑ Phased Construction — Shell Core 2018 NC EXISTING BUILDING CODE: ❑ Prescriptive ❑ Alteration Level I ❑ Historic Property (check all that apply) ❑ Repair ❑ Alteration Level II ❑ Change of Use ❑ Chapter 14 ❑ Alteration Level III CONSTRUCTED: (date) CURRENT OCCUPANCY(S) (Ch. 3): RENOVATED: (date) PROPOSED OCCUPANCY(S) (Ch. 3): OCCUPANCY CATEGORY (Table 1604.5): Current: Proposed: BASIC BUILDING DATA Construction Type: ® I -A ❑ II -A ❑ III -A ❑ IV ❑ V-A (check all that apply) ❑ I-B ❑ II-B ❑ III-B ❑ V-B Sprinklers: [9 No ❑ Partial ❑ NFPA 13 ❑ NFPA 13R ❑ NFPA 13D Standpipes: M No Class ❑ I ❑ II ❑ III ❑ Wet ❑ Dry Primary Fire District: 0 No ❑ Yes Flood Hazard Area: ❑ No ® Yes Special Inspections Required: ❑ No ® Yes GROSS BUILDING AREA TABLE FLOOR EXISTING (so FT) NEW (SQ FT) SUB -TOTAL 3'd Floor 2"d Floor Mezzanine I" Floor Basement TOTAL ALLOWABLE AREA Primary Occupancy Classification(s): Assembly ❑ A-1 ❑ A-2 ❑ A-3 ❑ A-4 ❑ A-5 Business ❑ Educational ❑ Factory ❑ F-1 Moderate ❑ F-2 Low Hazardous ❑ H-1 Detonate ❑ H-2 Deflagrate ❑ H-3 Combust ❑ H-4 Health ❑ H-5 HPM Institutional ❑ I-1 ❑ I-2 ❑ I-3 ❑ I-4 I-1 Condition ❑ 1 ❑ 2 I-2 Condition ❑ 1 ❑ 2 I-3 Condition [:]I ❑ 2 ❑ 3 ❑ 4 ❑ 5 Mercantile ❑ Residential ❑ R-1 ❑ R-2 ❑ R-3 Storage ❑ S-1 Moderate ❑ S-2 Low ❑ Parking Garage ❑ Open ❑ Enclosed Utility and Miscellaneous Accessory Occupancy Classifeation(s): Incidental Uses (Table 509): AIV This separation is not exempt as a Non -Se ed s�kee c Special Uses (Chapter 4 — List Code Sectio C� Special Provisions: (Chapter 5 Yatio ections)• Mixed Occupancy: Select onen: Select on xce Select one Allowable Area of R-4 High -piled Repair Garage ns). I �"v � < 1 of Occupancy B — + ...... = < 1.00 STORY NO. DESCRIPTION AND USE (A) BLDG AREA PER STORY (ACTUAL) (B) TABLE 506.21 AREA (C) AREA FOR FRONTAGE INCREASE"' (D) ALLOWABLE AREA PER STORY OR UNLINI TED1,3 Frontage area increases from Section 506.2 are computed thus: a. Perimeter which fronts a public way or open space having 20 feet minimum width = (F) b. Total Building Perimeter = (P) c. Ratio (F/P) _ (F/P) d. W = Minimum width of public way = (W) z Unlimited area applicable under conditions of Section 507. Maximum Building Area = total number of stories in the building x D (maximum3 stories) (506.2). 'The maximum area of open parking garages must comply with Table 406.5.4. The maximum area of air traffic control towers must comply with Table 412.3.1. ' Frontage increase is based on the unsprinklered area value in Table 506.2. cTc P LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD. CTG-NC 0010081 A 15/12/211 FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 APPENDIX B SHEETS Board of Commissioners - August 2, 2021 T-1 A ALLOWABLE HEIGHT ALLOWABLE SHOWN ON PLANS Zins-EFERENCE Building Height in Feet (Table 504.3) Building Height in Stories (Table 504.4) rmvloo cuae reference II Inc anoxm on nuns gaanmy Is nm ossw on hole sn.a or r . FIRE PROTECTION REQUIREMENTS ®=1111=1111INN W k"mM1 _----- Incite section numoer pemanung mauenon ENERGYSUMMARY ENERGY REQUIREMENTS: The following data shall be considered minimum and any special attribute required to meet the energy code shall also be provided. Each Designer shall fiunish the required portions of the project information for the plan data sheet. If performance method, state the annual energy cost for the standard reference design vs annual energy cost for the proposed design. Existing building envelope complies with code: Select one Exempt Building: Select one Provide code or statutory reference: Climate Zone: Select one Method of Compliance: Select one (if "Other" specify soiree her THERMAL ENVELOPE (Prescriptive method only) Roof/ceiling Assembly (each assembly) Description ofassembly. U-Value of tmid assemb R-Value of imudittm \\ Skylights in each ly: O U-V. skyli total mua ee ofakvh tsmw emhP. Exterior Walls below grade (each assembly) Description ofessembly: U-Value oftoml assembly: R-Value of insulation: Floors over unconditioned space (each assembly) Description ofassembly: U-Value oftowl assembly: R-Value of insulation: Floors slab on grade Description ofassembly: U-Value oftotal assembly: R-Value ofinsulation: Horizontal/vertical requirement: slab heated: PERCENTAGE OF WALL OPENING CALCULATIONS FIRE SEPARATION DIE'rANC'E (FEET) FROM PROPERTY LINES DEGREEOFOPENMGS PROrECITON ABLE705.8 ALLOWABLEAREA (%) AN ACTUAL SHOWN ON PLS (%) LIFE SAFETY SYSTEM REQUIREMENTS Emergency Lighting: ❑ Yes ❑ No Exit Signs: ❑ Yes ❑ No Fire Alarm: ❑ Yes ❑ No Smoke Detection Systems: ❑Yes ❑ No Carbon Monoxide Detection: ❑ Yes ❑ No "O*N LIFE ;,.tFE AN REQUIIREa3ENTS Life Safety Plan Sheet #: ❑ Fireand/or smoke ce d wall 1 Ch \\ ❑ Assumed and real grope Drab m o� it lam) ❑ Exterior wall opening tth respectalt�'sumed rty lines (705.8) ❑ Occupancy Use to area as it relates to aunt load ation (Table 1004.1.2) ❑ Occupant load mh area ❑ Exit acres distances (1017 ❑ Common oftowel distort T let 1006 1006.3.2(I)) ❑ Dead end le (1020.4) ❑ Clear exit wid r each exit car ❑ Maximum calcul cupent loacity each exit door can accommodate based on egress width (1005.3) ❑ Actual occupant Lou each or ❑ A separate schematic p ling when fire rated floor/ceiling and/or roof structure is provided for purposes of occupancy se lion ❑ Location ofdoors with panic hardware (1010.1.10) ❑ Location of doors with delayed egress locks and the amount ofdelay (1010.1.9.7) ❑ Lecation of doors with electromagnetic egress locks (1010. 1.9.9) ❑ Location of dome equipped with hold -open devices ❑ Location of emergency escape windows (1030) ❑ The square footage ofeach fire area (202) ❑ The square footage of each smoke compamnent for Occupancy Classification 1-2 (407.5) ❑ Note any code exceptions or table notes that may have been utilized regarding the items above 2018 APPENDIX B BUILDING CODE SUMMARY FOR ALL COMMERCIAL PROJECTS STRUCTURAL DESIGN (PROVIDE ON SHEET I OR 2 OF THE STRUCTURAL SHEETS) DESIGN LOADS: Importance Factors: Wind (I„I Snow (I.I seismic (IL) Live Loads: RoofMo.psf Floo psf iw loo Ground Snow Load: - Wind Load: asic Wind ,it (ASCE-7) Exposure Catego SEISMIC D V&armo : \ ❑ B ❑ C ❑ D Provide the fo gmeter 1604. ❑ 1 ❑ ll ❑Ifl ❑lV Spectralrstio %gSI %g Site Classifi 7 ❑ A ❑ B ❑C ❑D ❑E ❑F ❑ Field Test ❑ Presumptive ❑ Historical Data Basic structeck one)❑ ❑ Dual w/Special Moment Frame ❑ Building Frame ❑ Dual w/Intermediate R/C or Special Steel ❑ Me_. Frame ❑ Inverted Pendulum Analysis Procedure: ❑ Simplified ❑ Equivalent Lateral Force ❑ Dynamic Architectural, Mechanical, Components anchored? ❑ Yes ❑ No LATERAL DESIGN CONTROL: Earthquake ❑ Wind ❑ SOIL BEARING CAPACITIES: Field Test (provide copy of test report) psf Presumptive Bearing capacity psf Pile size, type, and capacity ACCESSIBLE DWELLING UNITS (SECTION I I07) TOTAL ACCESSIBLE ACCESSIBLE TYPE A I TYPE A I T WEB IYPE B TOTAL UNITS UNRS UN- UNRS UNns UNrrs UNITS ACCESSIBLE UNITS REQUIRED PROVIDED REQUIRED PROVIDED REQUIRED P'Ew.ED PROVIDED ACCESSIBLE PARKING (SECTION 1106) LOT On PARMNG TOTAL# OF PARIGNG SPACES #OF ACCESSIBLESP PROVIDE. TOTAL# AREA memo E. PROVmED REGULARWRH CEx WITH 5'AQGEss AIRLE CC 8'Access AISLE AISLE ACCESSIBLE DE PROVID TOTAL Special approval (Local JurisddfjbildWpartment oflnemence, OSC, DPI, DHHS, etc., describe below) 2018 APPENDIX B BUILDING CODE SUMMARY FOR ALL COMMERCIAL PROJECTS MECHANICAL DESIGN (PROVIDE ON THE MECHANICAL SHEETS IF APPLICABLE) MECHANICAL SU MECHANICAL SYSTEMS, SERVICE SYSTEMS UIPMEN Thermal Zone winter dry bulb: summer dry bulb: ` Interior design conditions winter dry bu \\ u nerd \ V relative diry: Buitdm ng load: Buil voalinE to size category, of unit: Boiler Size category. Ifoversized, state reason.: Chiller Size category. Ifoversized, state reason.: List equipment efficiencies: cTc P LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD.I CTG-NC 0010081 A 15/12/211 FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 APPENDIX B SHEETS Board of Commissioners - August 2, 2021 T-1 B GENERAL NOTES 1. THE GENERAL CONTRACTOR MUST VERIFY ALL EXISTING & PROPOSED DIMENSIONS, CONDITIONS, AND ELEVATIONS BEFORE STARTING WORK. ALL DISCREPANCIES SHALL BE CALLED TO THE ATTENTION OF THE ENGINEER AND SHALL BE RESOLVED BEFORE PROCEEDING WITH THE WORK. ALL WORK SHALL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH ACCEPTED CONSTRUCTION PRACTICES. 2. IT IS THE INTENTION OF THESE DRAWINGS TO SHOW THE COMPLETED INSTALLATION. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL TEMPORARY BRACING, SHORING, TIES, FORM WORK, ETC., IN ACCORDANCE WITH ALL NATIONAL, STATE, AND LOCAL ORDINANCES, TO SAFELY EXECUTE ALL WORK AND SHALL BE RESPONSIBLE FOR SAME. ALL WORK SHALL BE IN ACCORDANCE WITH LOCAL CODES. 3. THE CONTRACTOR SHALL USE ADEQUATE NUMBER OF SKILLED WORKMEN WHO ARE THOROUGHLY TRAINED AND EXPERIENCED IN THE NECESSARY CRAFTS AND WHO ARE 3. COMPLETELY FAMILIAR WITH THE SPECIFIED REQUIREMENTS AND METHODS NEEDED FOR PROPER PERFORMANCE OF THE WORK. 4. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY. THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS AND PRIME CONTRACTOR FURTHER AGREES TO INDEMNIFY AND HOLD DESIGN ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH PERFORMANCE OF WORK ON THIS PROJECT. 5. SITE GROUNDING SHALL COMPLY WITH ENERGY GROUNDING STANDARDS, LATEST VERSION. WHEN NATIONAL AND LOCAL GROUNDING CODES ARE MORE STRINGENT, THEY 5. SHALL GOVERN GROUNDING SHALL BE COMPLETED BEFORE ERECTION OF A NEW TOWER. 6. ALL WORK SHALL COMPLY WITH OSHA AND STATE SAFETY REQUIREMENTS. PROCEDURES FOR THE PROTECTION OF EXCAVATIONS, EXISTING CONSTRUCTION, AND UTILITIES 6. SHALL BE ESTABLISHED PRIOR TO FOUNDATION INSTALLATION. IF TEMPORARY LIGHTING AND MARKING IS REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION (FAA), IT IS THE CONTRACTOR'S RESPONSIBILITY TO MAINTAIN THE NECESSARY LIGHTS AND NOTIFY THE PROPER AUTHORITIES IN THE EVENT OF A PROBLEM. 7. ALL WORK SHALL BE ACCOMPLISHED IN ACCORDANCE WITH ALL LOCAL, STATE, AND FEDERAL CODES OR ORDINANCES. THE MOST STRINGENT CODE WILL APPLY IN THE CASE OF DISCREPANCIES OR DIFFERENCES IN THE CODE REQUIREMENTS. 8. THE CONTRACTOR SHALL RESTORE ALL PROPERTY TO IT'S PRE -CONSTRUCTION CONDITIONS TO THE OWNER'S SATISFACTION. ANY DAMAGE TO ADJACENT PROPERTIES WILL BE CORRECTED AT THE CONTRACTOR'S EXPENSE. THE CONTRACTOR IS TO PROTECT ALL EXISTING PROPERTY LINE MONUMENTATION, STRUCTURES, UTILITIES. ANY DAMAGE SHALL BE REPAIRED OR REPLACED AT THE CONTRACTOR'S EXPENSE UNDER THE SUPERVISION OF A REGISTERED SURVEYOR OR ENGINEER. 9. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING AMPLE NOTICE TO THE BUILDING INSPECTION DEPARTMENT TO SCHEDULE THE REQUIRED INSPECTIONS. A MINIMUM OF 24 9. HOURS OF NOTICE SHOULD BE GIVEN THE BUILDING INSPECTION DEPARTMENTS HAVE REQUESTED THAT GROUPS OF TWO OR THREE SITES BE SCHEDULED AT ONE TIME IF POSSIBLE. GENERAL NOTES 10. THE COMPLETE BID PACKAGE INCLUDES THESE CONSTRUCTION DRAWINGS ALONG WITH THE SPECIFICATIONS AND TOWER DRAWINGS/ANALYSIS. CONTRACTOR IS 10. RESPONSIBLE FOR REVIEW OF THE TOTAL BID PACKAGE PRIOR TO BID SUBMITTAL. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO EXAMINE ALL DRAWGINS & SPECIFICATIONS AND TO COORDINATE HIS WORK WITH THE WORK OF ALL OTHER TO ENSURE THAT WORK PROGRESSION IS INTERRUPTED AND DOES NOT INTERRUPT THE PROPERTY OWNER'S OPERATIONS AT ANY TIME. 11. THE CONTRACTOR SHALL VERIFY LOCATIONS OF ALL EXISTING UTILITIES WITHIN THE CONSTRUCTION LIMITS PRIOR TO CONSTRUCTION. ALL CONNECTIONS TO EXISTING SYSTEMS SHALL BE COORDINATED WITH THE OWNER OR OWNER'S REPRESENTATIVE AND THE UTILITY COMPANY PRIOI TO EACH CONNECTION. 12. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING POSITIVE DRAINAGE ON THE SITE AT ALL TIMES. SILT AND EROSION CONTROL SHALL BE MAINTAINED ON THE 12. DOWNSTREAM SIDE OF THE SITE AT ALL TIMES. ANY DAMAGE TO ADJACENT PROPERTIES WILL BE CORRECTED AT THE CONTRACTOR'S EXPENSE. 13. CLEARING OF TREES AND VEGETATION ON THE SITE SHOULD BE KEPT TO A MINIMUM. ONLY THE TREES NECESSARY FOR CONSTRUCTION OF THE FACILITIES SHALL BE REMOVED. ANY DAMAGE TO PROPERTY OUTSIDE THE LEASED PROPERTY SHALL BE REPAIRED BY THE CONTRACTOR. 14. ALL SUITABLE BORROW MATERIAL FOR BACKFILL OF THE SITE SHALL BE INCLUDED IN THE BID. EXCESS TOPSOIL AND UNSUITABLE MATERIAL SHALL BE DISPOSED OF OFF SITE AT LOCATIONS APPROVED BY GOVERNING AGENCIES PRIOR TO DISPOSAL. 15. SEEDING AND MULCHING OF THE SITE WILL BE ACCOMPLISHED AS SOO AS POSSIBLE AFTER COMPLETION OF THE SITE DEVELOPMENT. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING AND MAINTAINING AN ADEQUATE COVER OF VEGETATION OVER THE SITE FOR A ONE YEAR PERIOD. 16.RECORD DRAWINGS: MAINTAIN A RECORD OF ALL CHANGES, SUBSTITUTIONS, ETC., BETWEEN THE WORK AS SPECIFIED AND INSTALLED. RECORD CHANGES ON A CLEAN SET OF CONTRACT DRAWINGS WHICH SHALL BE TURNED OVER TO THE CONSTRUCTION MANAGER UPON COMPLETION OF THE PROJECT. 17. THE CONTRACTOR SHALL OBTAIN AND PAY FOR ALL REQUIRED LICENSES, FEES, INSPECTIONS, ETC. BUILDING PERMITS WILL BE OBTAINED BY CONTRACTOR & PAID FOR BY THE COUNTY. 18. CONTRACTOR SHALL KEEP THE PROJECT SITE FREE FROM ACCUMULATION OF WASTE MATERIALS & RUBBISH AT ALL TIMES DURING CONSTRUCTION PERIOD & SHALL REMOVE. ALL WASTE MATERIALS & RUBBISH FROM PROJECT SITE AT THE COMPLETION OF WORK, EXCEPT THOSE SPECIFICALLY REQUIRED BY THE CONTRACT DOCUMENTS TO BE LEFT FOR THE OWNER'S MAINTENANCE. CONSTRUCTION WASTE MAY NEITHER BE BURNED NOR BURIED AND MUST BE TAKEN TO AN APPROVER LANDFILL AT CONTRACTOR EXPENSE. 19. SECURITY TO THE SITE SHALL BE MAINTAINED AT ALL TIMES. 20.CONTRACTOR IS RESPONSIBLE FOR THE CONDITION OF THE ALL CABINETS AND /OR SHELTER DURING AND AFTER CONSTRUCTION. CABINETS AND /OR SHELTERS SHALL NOT BE USED FOR STORAGE OF TOOLS, CONSTRUCTION MATERIAL OR EQUIPMENT. CONTRACTOR SF ENSURE THE CABINETS AND /OR SHELTERS IS CLEANED AT THE CONCLUSION OF CONSTRUCTION. SHELTER FLOORS SHALL BE CLEAN WAXED AND BUFFED TO SHINE. -ABBREVIATION KEY - & AND AMSL AVERAGE ABOVE MEAN SEALEVEL BTM. BOTTOM ti CENTERLINE CONC. CONCRETE CONT. CONTINOUS C.J. CONTROL JOINT DIA. DIAMETER (E) EXISTING EL. ELEVATION E.S. EACH SIDE E.W. EACH WAY FFI FLANGE FACING INSIDE FFO FLANGE FACING OUTSIDE FT. FEET F.V. FIELD VERIFY GALV. GALVANIZED HORIZ. HORIZONTAL IN. INCH LFP LEG FACING OUTSIDE LLVD LONG LEG VERTICAL DOWN LLVU LONG LEG VERTICAL UP MAX. MAXIMUM MFR. MANUFACTURER MIN. MINIMUM MPH MILES PER HOUR O.C. ON CENTER IN PROPOSED REINF. REINFORCE REQ'D REQUIRED SIM. SIMILAR STD. STANDARD STL. STEEL TYP. TYPICAL LINO UNLESS NOTED OTHERWISE VERT. VERTICAL VLD VERTICAL LEG DOWN VLU VERTICAL LEG UP W/ WITH cTc P LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD. CTG-NC 0010081 A 15/12/211 FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG_NNC-0017 GENERAL NOTES Board of Commissioner$ - Auoust 2. 2021 T-2 SOUTHERN DESTINY LLC cTc; PARCEL ID: R08500-002-029-002 ZONE: R-15 EXISTING TREELINE (TYP.) FLOOD PLAIN LINE (TYP.) ACRE: 32.76 ADJACENT SUBJECT PARCEL LINE I y PARENT PARCEL PROPOSED 30' I ' ,✓ D 0 y — y UTILITY/ACCESS/FIBER O y/ EASEMENTK �y y y y y y ✓� � y y CRESS LOUIS H ETAL / '% y w w ' •Y \� y y y y y --V—y '—! '%— `�' `% y y , y y y y _ PARCEL ID: R08510-007-021-000 y //`v J y J/ y ,% y 4, y i, y y .b ,% y y y y /� (�� •N y y y a� y y` y y y y y y ,/ J,\ ��_ ZONE: R-15 y ,y / �' )y w �% y y PROPOSED 100'x100' ' .y� I' T _"`�,% W �` +' y ~�� 130' TOWER FALL ZONE y \\ \ ACRE: 0.36 y y y y y COMPOUND/ LEASE AREA •% l y O :~�� •% y y y ° %\y %\ _I -I y y / y LOCATION: y y y y y / ,/ / y % y y % 659'-7" y y % y y y y o y'1 "�r y y y F% I PROPOSED MONOPOLE '% y y �_ y EXISTING y '`' y -% y •% .v y y � y '% a y y y COOK TED E KATHLEEN M y 'v WETLANDS v y y y SUBJECT PARENT PARCEL y y y y / 'v % i 'v y PARCEL ID: R08510-007-020-000 34.072992 ,-77.901794 y y y y� (PF04Bd) -v SOUTHEASTERN ENTERPRISES INC. "�' y 'v y / y ,�,� w, y PROPOSED 25' LANDSCAPE / ZONE: R-15 y �/ „ y °' "PARCEL ID: R08500-002-070-000 y y ( y'' r �� BUFFER/ TREE PRESERVATION AREA -v ZONE: R 15 -v „ ACRE: 0.34 •% �' y y NEAREST ADDRESS: y y �v y y - y ACRE: y y y y _ ' -v 'v „ y y y y y y 902 THE CAPE BLVD, _y y y /+ y y y y y WILMINGTON, NC 28412 J y y/ I y y y y y y y y y BREWSTER JACK R RITA ANN 1 /ply , d, ^ .y ��r `% y `% �0�, y y y y / REV TRUST % /+ y y ,� y y y y y y PARCEL ID: R08510-007-019-000 LIGHT POLE & ii` ��_ y y .y 'v % y ZONE: R-15 THE CAPE BLVD • TELCO (TYP.)c`C / y y y y ACRE:0.32 A<<EY BRO _ _ % y y ` `��_ y y y OK ROAD i6p, y y y y -vGRICZEWICZ CAITLIN STEPHEN A CTG-NC 0010081 15" CMP (END BURRIED) PRI f✓ y RIES ATE R/W� PARCEL ID: R08510-007-018-000 TELFAIR SUMMIT HOA INC. ZONE: R-15 NO. DATE DESCRIPTION PARCEL ID: R08500-002-071-000 ACRE: 0.35 A 5/12/21 FINAL ZONE: R-15 ACRE:5.54 B 7/15/21 REVISION SOUTHEASTERN ENTERPRISES INC. PARCEL ID: R08500-002-1 14-000 ZONE: R-15 ACRE: 2.97 tKAL NVItb 1. SITE PLAN SHOWN WAS TAKEN FROM SURVEY INFORMATION PROVIDED BY POINT TO POINT LAND SURVEYORS, INC. CONTRACTOR TO VERIFY ALL EXISTING INFORMATION IS INDICATED ON SITE PLAN. CONTRACTOR IS TO ESTABLISH THE EXISTENCE AND LOCATION OF ALL EXISTING UNDERGROUND AND OVERHEAD UTILITIES. IMMEDIATELY NOTIFY THE CONSTRUCTION MANAGER OF ANY DISCREPANCIES. 2. PARCEL DATA SHOWN WAS TAKEN FROM INFORMATION PROVIDED BY POINT TO POINT LAND SURVEYORS, INC & NEW HANOVER COUNTY GIS, PROPERTY INFORMATION RESEARCH WEB SITE. 3. EXISTING WETLANDS ON SITE DESIGNATED AS FRESHWATER FORESTED/SHRUB WETLAND (PF04Bd) 4. ALL CONSTRUCTION ACTIVITY MUST BE IN ACCORDANCE WITH THE ACCEPTED POLICIES BY NORTH CAROLINA STATE CODE. 5. PROPOSED ROUTES ARE SHOWN AS SCHEMATIC. 6. HAND DIG ALL EXISTING UTILITIES DEEPER THAN 12" TO LOCATE FLOOD ZONE KEY ZONE "X" (AREA OF MINIMAL FLOOD HAZARD) y y y SHADED ZONE "X" (0.2% ANNUAL CHANCE FLOOD HAZARD) 17-71 ZONE "AE" (BASE FLOOD ELEVATIOb09'ard of Commissioners - Auaust 2. 2021 GRAPHIC SCALE 100' 00, 100, SCALE: 1" = 100' NORTH ARRO N W PMA E S �p �FESS/p�9�,9 SEAL /9241 �• /1 L" IN PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 OVERALL SITE PLAN C-1 SUBJECT PARENT PARCEL SEE FENCE ELEVATION & SIGN SHEET (TYP.) Gcos@@OJ PROPOSED 12' GATE PROPOSED 30' ACCESS/ UTILITY/FIBER EASEMENT PROPOSED b" OF #57 STONE % ON GEOSYNTHETIC FABRIC x 7 I 1 x OO l r i PROPOSED 130' MONOPOLE TOWER PROPOSED 12' GRAVEL DRIVE PROPOSED 20' SWING GATE ° o BROOK EXISTINGI5" CMP (END BURRIED) ; I ROAD (60' PRI,, rj Board of Commisslo ugust 2, 2021 �h/� ITFM• 1rL 1R-9 EXISTING PLANTED TREES (TYP.) EXISTING LIGHT POLE & TELCO (TYP.) o PROPOSED 25' LANDSCAPE BUFFER/ TREE PRESERVATION AREA PROPOSED 8' CHAIN -LINKED FENCE EXISTING TREELINE 1a — GRAPHIC SCALE 30' 00, 30' SCALE: 1" = 30' NORTH ARR N W Pm E S CA Ro 0 SEAL 241 cTc P 7N:fL&. * 11 LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD. CTG-NC 0010081 A I5/12/21I FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 ENLARGED SITE PLAN C-2 PROPOSED 25' LANDSCAPE BUFFER/ TREE PRESERVATION AREA PROPOSED 8' CHAIN -LINKED FENCE NERAL NOTES ALL MATERIAL AND EQUIPMENT FURNISHED SHALL BE NEW AND OF GOOD QUALITY. FREE FROM FAULTS AND DEFECTS AND IN CONFORMANCE WITH THE CONTRACT DOCUMENTS. ANY SUBSTITUTIONS MUST BE PROPERLY APPROVED AND AUTHORIZED IN WRITING BY THE OWNER AND ENGINEER PRIOR TO INSTALLATION. CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE AS TO THE KIND OF QUALITY OF MATERIAL AND EQUIPMENT BEING SUBSTITUTED. 2. ACCESS TO PROPOSED WORK SITE MAYBE RESTRICTED. THE CONTRACTOR SHALL COORDINATE INTENDED CONSTRUCTION ACTIVITY, INCLUDING WORK SCHEDULE AND MATERIALS ACCESS WITH THE LEASING AGENT FOR APPROVAL. 3. CONTRACTOR SHALL HAVE PRESENT ON SITE CURRENT CARRIER SUPPLIED INFORMATION PRIOR TO COMMENCE OF WORK; IE. RFDS, DESIGN DOCUMENTS SPECIFIC TO SITE AND CONFIGURATION. NOTIFY CONSTRUCTION MANAGER OF ANY DISCREPANCY PRIOR TO ARRIVAL AT SITE. cTc P J / a 4. ALL HARDWARE ASSEMBLY MANUFACTURER'S INSTRUCTION SHALL BE LOCATION: FOLLOWED EXACTLY AND SHALL SUPERSEDE ANY CONFLICTING NOTES ENCLOSED HEREIN. 34.072992 ,-77.901794 ^ x 5. ALL DAMAGE TO EXISTING UNDERGROUND, OVERHEAD OBSTACLES ! � PROPOSED b" OF #57 STONE NEAREST ADDRESS: X AND/OR EXISTING EQUIPMENT, PAD OR SHELTERS SHALL BE REPLACED ON GEOSYNTHETIC FABRIC BACK TO FULL ORIGINAL OR BETTER CONDITION & SHALL MATCH 902 THE CAPE BLVD, EXISTING CONDITIONS BY REPAIRS AT GENERAL CONTRACTOR WILMINGTON, NC 28412 PROPOSED CARRIER EXPENSE. LEASE AREA (TYP. OF 3) ` x b. THE EXISTING TREES AND VEGETATION ARE SUFFICIENT, LINO, TO THE CAPE BLVD. PROVIDE THE REQUIRED SCREENING PER LOCAL ORDINANCE. IF THE PROPOSED ER CARRIER MULTI -GANG VEGETATION IS REMOVED OR DAMAGED, NEW LANDSCAPING/ EXISTING TREE LINE (TYP.) POWER METER & TELCO DEMARC. SCREENING WILL BE INSTALLED TO MEET LOCAL ORDINANCE /I x CONNECT SUPPLY CONDUITS 5-0' REQUIREMENTS. 12' CHAIN -LINKED OUTSIDE OF FENCE LINE. COORDINATE 15, FENCE WITH LOCAL UTILITY COMPANY XIO' CTG-NC 0010081 i ! REGARDING FINAL SERVICE ! CONNECTION. NO. DATE DESCRIPTION EEC Q A 5/12/21 FINAL Lu �Ec E x / w I wl x r I Z U r w I CO 0 W x 12X20' _v GRAPHIC SCALE o W — 0 20' 00, 20' W - o WI X h SCALE: 1" = 20' PROJECT: WI X SITE DEVELOPMENT WI NORTH ARROW DESIGNER: INS w CHECKED: JTM JOB #: 20KCG_NNC-0017 w I 1O'(�ESS Q'e % .... .0p'-O" 500„PROPOSED 12' COMPGRAVEL DRIVE LEgSE w qR w/ PROPOSED 30' ACCESS/ Eq �' = SEAL = COMPOUND UTILITY/FIBER EASEMENT. CLEAR 0241 U EXISTING TREE LINE FOR ACCESS. PLAN / PROPOSED UNDERGROUND 3" SCH, 40 PVC CONDUIT FROM PROPOSED 4-GANG METER ON H-FRAME. CAP OPEN CONDUIT \'�,, w WATER TIGHT PRIOR TO INSTALLATION. COORDINATE WITH S w LOCAL UTILITY COMPANY REGARDING FINAL SERVICE CONNECTION. Board of Commissioners - August 2, 2021 C-`��? c M, w C Z a Z CL a C C -GENERAL NOTES 1. REFER TO TOWER STRUCTURAL ANALYSIS FOR PROPOSED ANTENNA CABLE LOADING DETAILS c1c 2. TOWER ELEVATION SHOWN IS NOT DRAWN TO SCALE AND IS ONLY INTENDED FOR REFERENCE PURPOSES. REFER TO ORIGINAL TOWER DESIGN FOR ADDITIONAL INFORMATION. 3. ALL TOWER DIMENSIONS SHALL BE VERIFIED WITH THE PLANS PRIOR TO COMMENCING CONSTRCTION. NOTIFY TH EENGINEER IMMEDIATELY IF ANY DISCREPANCIES ARE DISCOVERED. 4. ALL HARDWARE ASSEMBLE MANUFACTURER'S INSTRUCTIONS SHALL BE AM FOLLOWED EXACTLY AND SHALL SUPERSEDE ANY CONFLICTING NOTES ENCLOSED HEREIN. 5. ALL MATERIALS AND EQUIPMENT FURNISHED SHALL BE NEW AND OF GOOD QUALITY, FREE FROM FAULTS AND DEFECTS AND IN CONFORMANCE WITH THE CONTRACT DOCUMENTS. ANY AND ALL SUBSTITUTIONS MUST BE PROPERLY APPROVED AND AUTHORIZED IN LOCATION: WRITING BU THE OWNER AND ENGINEER PRIOR TO INSTALLATION. CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENC AS TO THE KIND OF QUALITY OF THE MATERIALS AND EQUIPMENT BEING SUBSTITUTED. 34.072992 ,-77.901794 FINISH NOTES: NEAREST ADDRESS: TOWER- GALVANIZED 902 THE CAPE BLVD, TOWER MOUNTS- GALVANIZED WILMINGTON, NC 28412 ANTENNA- NEUTRAL (MANUFACTURER FINISH) FOUNDATIONS- UNPAINTED CONCRETE ICE BRIDGE- GALVANIZED CABLES- BLACK THE CAPE BLVD. BASE CABINETS/EQUIPMENT-NEUTRAL (MANUFACTURER FINISH) CTG-NC 0010081 NO. DATE DESCRIPTION A 5/12/21 FINAL B 7/15/21 REVISION 11 PROJECT: SITE DEVELOPMENT omwuw SE DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 TOWER ELEVATION C-4 Board of Commissioners - August 2, 2021 PROPOSED RIP RAP INSTALLED IN HEAVY EROSION AREA & EVERY 25WHERE TRAVEL SLOPE IS GREATER THAN 10%- I FEATHER & SOD SLOPE AWAY FROM ACCESS DRIVE EXISTING GRADE —111 111-1I PROPOSED V-LINE DITCH LINED WITH SOD TO RUN ALONG SIDE OF ACCESS ROAD AS NEEDED (5:1 MAX SIDE SLOPES) I/1TCP 30'-0" UTILITY/ ACCESS EASEMENT 20'-0" xl4'-0" MIN. UNOBSTRUCTED EASEMENT CLEARING 12'-0" I 4'-0"( TYP.) VARIES PER PLAN PROPOSED 2" FINISH LAYER 1'-0" OF ROLLED #57 STONE TYP. I PROPOSED GRAVEL ACCESS CROWN BORROWED EXCAVATION COMPACTED TO 95%PROCTOR. X�— 2%SLOPE 2% SLOPE —_ 5� a a a d• 71T —II I —II I —III —II I —II I —I —III III —III —III —III —III —III I I7-1 I77IE i I—III—III—III—� PROPOSED SUBGRADE PROPOSED 20 MIL. LIGHT WEIGHT WOVEN SLIT PROPOSED 4" #3 STONE CRUSHER RUN (3" TO 4" COMPACTED TO 95% FILM POLYPROPYLENE GEOSYNETHIC FABRIC STONE WITH FINES AND DUST, FREE OF DEBRIS & STANDARD PROCTOR (500X MIRAFI GEOTEXTILE OR EQUAL) ORGANIC MATERIAL) COMPACT TO 80% PROCTOR • AGGREGATE IS BASED ON STANDARD AASHTO • 2" CROWN IN CENTER OF ACCESS, UNLESS IN CURVES, THEN ACCESS SHOULD BE SLOPED TO INSIDE OF TURN OR CURVE. • ALL MATERIALS SHALL MEET DOT STANDARD SPECIFICATION FOR ROAD CONSTRUCTION. • GRAVEL BASE & TOP COURSE DEPTH SHOWN AS MIN. INCREASE DEPTH MAY BE REQUIRED DUE TO POOR SOIL CONDITIONS. • MAX. GRADE: 123% GREATER THAN MAY REQUIRE PAVED SURFACE. • PRIVATELY MAINTAINED ROAD ONLY. • NO POTENTIAL FOR FURTHER DEVELOPMENT. THIS IS NOT A THRU ROAD. ACCESS DRIVE SCALE: NTS SLIDE BOLT LOCKING MECHANISM WITH TAB HASPS & PADLOCK. GC TO COORDINATE WITH OWNER FOR FINAL COMBINATION. 20'-0" HD BEARING HINGES (TYP.OF 2) 7 4" ROUND STEEL POST 50 PAINTED BLACK (TYP.) — M 3" SQUARE TUBE STEEL. PAINTED BLACK (TYP.) SCALE: NTS 4000 PSI CONCRETE POST FOOTING, MIN. (TYP.) II �.. IIIIIII III11. III�II NOTES SECURE LANE LLC (520)780-9751 SL-SG MANUAL SWING GATE OR SIMILAR. AVAILABLE IN SINGLE SWING OR DUAL SWING @ WWW. BARRIERGATEARM.COM Board of Commissioners - August 2, 2021 ITFM• 1r,-'I- 19 cTc LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD. CTG-NC 0010081 A l5/12/21I FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG_NNC-0017 CONSTRUCTION DETAILS- ACCESS C-5 — 711 3�aanc:;.nea IIII 1=-III III 'll • - PROPOSED '�=1-III-I —III PLUNGER ROD -III I I 1 I II I I ,I i i—III— PROPOSED GATE DETENT �-6 EQ. EQ. 13'-0" (CENTERED ON FENCE LINE) STANDARD FENCE ELEVATION SCALE: NTS ACCESS DRIVE SWING GATE POST & DUCK BILL SCALE: NTS Board of Commissioners - August 2, 2021 10'-0" O.C. MAX. 5-0" O.C. MIN. t 16 17 ---------------------------------- A i --------------------------------- STYMIELOCK DETAIL SCALE: NTS METAL GATE DETENT INSTALL W/ SLOT O A O A I I- 1/ C C A I GATE DETENT DETAIL SCALE: NTS -GENERAL NOTES A. INSTALL FENCE PER ASTM F-567 B. INSTALL SWING GATE PER ASTM F-900 C. LOCAL ORDINANCE OF BARBED WIRE PERMIT REQUIREMENT SHALL BE COMPLIED IF REQUIRED. D. POST & GATE PIPE SIZES ARE INDUSTRY STANDARDS. D.A. ALL PIPES TO BE 1-1/ 2" GALVANIZED (HOT DIP, ASTM A120 GRADE "A" STEEL). D.B. ALL GATE FRAMES SHALL BE WELDED. D.C. ALL WELDING SHALL BE COATED WITH (3) COATS OF COLD GALVANIZED STEEL (OR EQUAL). E. ALL OPEN POSTS SHALL HAVE END -CAPS F. USE GALVANIZED HOG -RING WIRE TO MOUNT ALL SIGNS. G. ALL SIGNS MUST BE MOUNTED ON INSIDE OF FENCE FABRIC. H. CONTRACTOR SHALL PROVIDE AND INSTALL STYMIE -LOCK LOCKING MECHANISM ON 12'-0" GATE. COORDINATE W/ PM FOR FINAL COMBINATION CODE -KEYED NOTES 1. CORNER, END OR PULL POST 3" NOMINAL SCHEDULE 40 PIPE. 2. LINE POST: 2-1 /2" SCHEDULED 40 PIPE, PER ASTM-1`1083. LINE POSTS SHALL BE EQUALLY SPACED AT MAXIMUM 8'-0" O.C. 3. TOP RAIL & BRACE RAIL: 1-1 /2" PIPE PER ASTM-1`1083. 4. FABRIC: 9 GA CORE WIRE SIZE 2" MESH, CONFORMING TO ASTM-A392. ALL PIES TO BE GALVANIZED. 5. TIE WIRE: MINIMUM 11 GA. GALVANIZED STEEL AT POSTS AND RAILS A SINGLE WRAP OF FABRIC TIE AND AT TENSION WIRE BY HOG RINGS SPACED MAXIMUM 24" INTERVALS. 6. TENSION WIRE: 9 GA. GALVANIZED STEEL 7. BARBED WIRE: DOUBLE STRAND 12-1 /2" O.D. TWISTED WIRE TO MATCH WITH FABRIC 14 GA., 4 PT. BARBS SPACED ON APPROXIMATELY 5" CENTERS. 8. STRETCHER BAR 9. 3 /8" DIAGONAL ROD WITH GALVANIZED STEEL TURNBUCKLE OR DIAGONAL THREADED ROD. 10.FENCE CORNER POST BRACE: 1-5 /8" DIAMETER EACH CORNER EACH WAY. 11.1-1 /2" MAXIMUM CLEARANCE FROM GRADE. 12. GATE POST 4" SCHEDULE 40 PIPE (FOR GATE WIDTHS UP THRU 7OR 14' FOR DOUBLE SWING GATES) PER ASTM-F1083. 13.GATE FRAME: 1-1 /2' PIPE, PER ASTM-F1083. 14. GATE FRAME: 1-5 /8" DIAMETER PIPE, PER ASTM-1`1083. 15. GATE DIAGONAL GALVANIZED STEEL 1-1 /2" PIPE. 16. DUCK BILL OPEN GATE HOLDER. VERIFY LOCATION IN FIELD PRIOR TO INSTALLATION. 17.LINE POST: CONCRETE FOUNDATION (4000 PSI) 18.CORNER POST: CONCRETE FOUNDATION (4000 PSI) 19. GATE POST: CONCRETE FOUNDATION (4000 PSI) �p �FESS SEAL 0241 ......... c1c p�7�&1.1010 LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD.I CTG-NC 0010081 A 15/12/211 FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 CONSTRUCTION DETAILS- FENCE C-6 FINISH GRADE 6-0" MAX. SEE PLAN WATERTIGHT ENDCAP (TYP.) STANDARD PVC UNISTRUT END -CAP (TYP.) SCH40 GALVANIZED STEEL PIPE MAX @ 72" O.C. P1000 UNISTRUT SPACED AS __________________ _= REQUIRED, SECURE TO STD, UNISTRUT STRUCTURAL PIPE =a=====__------------- jo CONNECTOR FOR V- BOLTS SIZED PER NEED T �I III —III-11C�d PSI CONCRETE POST —III— TING, MIN. (TYP.) II=11 -I11=� 11111.. .. IIIII� =1I �I I1= :111 l I I I —N OT E5 1. VERIFY ALL MOUNTING LOCATION PER EQUIPMENT MANUFACTURER FOR LOCATION & QUANITY OF UNISTRUT ON H-FRAME. (MIN. 5 UNISTRUT SHALL BE INSTALLED) 2. ALL EQUIPMENT SHALL BE MOUNTED A MIN. OF 6" ABOVE FINISH GRADE. 3. ALL CONDUIT STUB -UP TO BE ATTACHED NO GREATER HAD 6" MAX. ABOVE FINISHED GRADE. ATTACH ALL CONDUIT ABOVE FIRST 6" AT 12" ON CENTER. 4. BOND ALL METALLIC SURFACES TO GROUND RING WITH #2 SOLID AWG TIN-PLATED COPPER GROUND CONDUCTOR. 5. ALL GROUND LEADS SHALL BE INSTALLED IN 1" SCH. 40 PVC CONDUIT. PROVIDE WATERTIGHT CAULK SEAL & ADEQUATE COIL FOR CONNECT TO PROPOSED EQUIPMENT. U Z PROPOSED 20 MIL. LIGHT WEIGHT WOVEN SLIT iv FILM POLYPROPYLENE GEOSYNETHIC FABRIC (500X MIRAFI GEOTEXTILE OR EQUAL) PROPOSED 6" FINISH LAYER g r OF ROLLED #57 STONE a a FILL MATERIAL DEPTH VARIES PER a LOCATION. SUBGRADE COMPACTED TO 95% STANDARD PROCTOR 14 6" WA IM — 3 - STRAND BARBED WIRE AT FENCE & GATE CHAIN -LINK FENCE FABRIC TIE WIRE: MINIMUM 11 GA. GALVANIZED STEEL AT POSTS AND RAILS A SINGLE WRAP OF FABRIC TIE AND AT TENSION WIRE BY HOG RINGS SPACED MAXIMUM 24" INTERVALS. LINE POST EVERY 10'-0" MAX FINISH GRADE 4000 PSI CONCRETE POST FOOTING, MIN. (TYP.) �N••CARo, Q 0 SEAL 413 cTc p =W�' &� 14 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD.I CTG-NC 0010081 A l5/12/21I FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 CONSTRUCTION DETAILS - COMPOUND H-FRAME DETAIL SCALE: NTS Board of Commissioners - August 2, 2021 ITFM• 1r,- 1 - 1d COMPOUND FENCE MATERIALS SCALE: NTS C-7 PRIVATE PROPERTY NO 100 TRESPASSING VIOLATORS WILL BE PROSECUTED RED BACKGROUND W/WHITE LETTERING WHITE BACKGROUND W/RED LETTERING RED BACKGROUND W/WHITE LETTERING (A) NO-TRESSPASSING SIGN 18"WIDE x 24" HIGH SITE ID# 000000 VERIFIED 911 STREET ADDRESS CITY, STATE AND ZIP CODE FOR LEASE INFORMATION CALL 1-877-788-7011 FOR 24 HOUR EMERGENCY SERVICE CALL 1-800-788-7011 (D) MARKETING/ ID SIGN 24' WIDE x 18" HIGH YELLOW BACKGROUND W/BLACK LETTERING WHITE BACKGROUND W/BLACK LETTERING AND YELLOW SYMBOL NOTES TO BE MOUNTED NEAR TOWER LEG W/ CLIMBING CABLE. DO NOT RESTRICT CLIMBING ACCESS. WARNING THIS SITE IS POSTED & PROTECTED BY RAZOR WIRE (B) RAZOR -WIRE SIGN 18"WIDE x 24" HIGH WARNING- • AUTHORIZED PERSONNEL ONLY • HARD HATS REQUIRED • WATCH FOR FALLING MATERIAL • WATCH FOR TRIPPING HAZARDS • WATCH FOR UNEVEN SURFACES • IN THE EVENT OF A T-STORM, VACATE THE COMPOUND. RED BACKGROUND W/WHITE LETTERING WHITE BACKGROUND W/BLACK LETTERING RED BACKGROUND W/WHITE LETTERING FCC TOWER REGISTRATION NO. 1234567 LT. GRAY W/BLACK LETTERING (C) FCC REGISTRATION SIGN 24"WIDE x 18" HIGH GREEN BACKGROUND W/WHITE LETTERING — WHITE BACKGROUND W/BLACK LETTERING WHITE BACKGROUND W/BLACK LETTERING (E) CAUTION - HARD HAT CONSTUCTION AREA AND TRIPPING HAZARDS 24" WIDE x 18" HIGH ASR 1234567 WHITE BACKGROUND W/BLACK LETTERING NOTES ASR SIGN TO BE MOUNTED AT TOWER BASE DURING CONSTRUCTION. (H) CAUTION-RFE SIGN (1) ASR SIGN 12" WIDE x 18" HIGH Board of CommissiorigrgID%46UR'2 2021 NOTICE FREQUENCY ENVIORMENT AREA (F) NOTICE-RFE SIGN 24" WIDE 18" HIGH SITE NAME: THE CAPE BL SITE #: CTG- NC 001008" 902 THE CAPE BLVD. WILMINGTON, NC 28412 FOR LEASE INFORMATION CALL: ###-###-#### 24 HOUR EMERGENCY SERVICE CALL: ###-###-####� (J) OWNER SIGNAGE 36" WIDE x 24" HIGH -GENERAL NOTES 1. THE SITE SHALL ONLY CONTAIN SIGNAGE AS MANDATED BY THE FCC 2. ALL SIGNS TO BE INSTALLED ACCORDING TO DWG SITE SIGNAGE ADJACENT TO GATES (LEFT OR RIGHT SIDE OF GATE IS ACCEPTABLE, BUT MUST BE MOUNTED ON GATE SIDE OF COMPOUND, SO AS TO BE READABLE WITH GATES OPEN OR CLOSED). 3. SIGNS SHALL BE FABRICATED FROM CORROSION RESISTANT PRESSED METAL, AND PAINTED WITH LONG LASTING UV RESISTANT COATING. 4. SIGNS (EXCEPT WHERE NOTED OTHERWISE) SHALL BE MOUNTED TO THE TOWER, GATE AND FENCE USING A MIN. OF 9 GAUGE ALUMINUM WIRE, HOG RINGS (AS UTILIZED IN FENCE INSTALLATIONS) OR BRACKETS WHERE NECESSARY. BRACKETS SHALL BE OF SIMILAR METAL AS THE STRUCTURE TO AVOID GALVANIC CORROSION. 5. ADDITIONAL E91 1 ADDRESS SIGNS ARE REQUIRED AT EACH ACCESS ROAD GATE LEADING TO THE COMPOUND AS WELL AS ON THE COMPOUND GATE ITSELF. 6. ADDITIONAL FCC RESTRATION # SIGNS ARE REQUIRED AT EACH ACCESS ROAD GATE LEADING TO THE COMPOUND AS WELL AS ON THE COMPOUND GATE ITSELF. SIGN SHALL MEASURE 20" LONG x 4" TALL). THE LETTERS SHALL BE I" AND THE NUMBERS SHALL BE 2". 7. RECOMMENDED SOURCES FOR OBTAINING SIGNAGE. • ST CLAIR SIGNS 3184 WADE HAMPTON BLVD. TYLORS, SC 29687 864-244-0040 • EXCEL SIGN & DECAL 1509 NORTH MILPITAS BLVD. MILPITAS, CA 95035 408-942-8881 • RF EXPOSURE SIGNS RICHARD TELL ASSOCIATES 3433 RINGTAR ROAD, SUITE 3 NORTH LAS VEGAS , NV 89030 702-645-3338 CONTRACTOR SHALL VERIFY ADDRESS PRIOR TO ORDERING SIGNAGE RED LETTERS (ALL OTHERS SHALL BE BLACK) CONTRACTOR TO COORDINATE NUMBERS (TYP.) cic PNu7f&. 421 LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD. CTG-NC 0010081 1 A 15/12/211 FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 SIGN DETAILS • FOUNDATION, EXCAVATION & GRADING 1. ALL CUT AND FILL SLOPES SHALL BE 2: 1 MAXIMUM. 2. ALL EXCAVATIONS ON WHICH CONCRETE IS TO BE PLACED SHALL BE SUBSTANTIALLY 3. HORIZONTAL ON UNDISTURBED AND UNFROZEN SOIL AND BE FREE FROM LOOSE MATERIAL AND EXCESS GROUND WATER. DEWATERING FOR EXCESS GROUND WATER SHALL BE PROVIDED IF REQUIRED. 4. CONCRETE FOUNDATIONS SHALL NOT BE PLACED ON ORGANIC MATERIAL. IF SOUND SOIL IS NOT REACHED AT THE DESIGNATED EXCAVATION DEPTH, THE UNSATISFACTORY SOIL SHALL BE EXCAVATED TO ITS FULL DEPTH AND EITHER BE REPLACED WITH MECHANICALLY COMPACTED GRANULAR MATERIAL OR THE EXCAVATION SHALL BE FILLED WITH CONCRETE OF THE SAME QUALITY SPECIFIED FOR THE FOUNDATION. 5. ANY EXCAVATION OVER THE REQUIRED DEPTH SHALL BE FILLED WITH EITHER MECHANICALLY COMPACTED GRANULAR MATERIAL OR CONCRETE OF THE SAME QUALITY SPECIFIED FOR THE FOUNDATION. CRUSHED STONE MAY BE USED TO STABILIZE THE BOTTOM OF THE EXCAVATION. STONE, IF USED, SHALL NOT BE USED AS COMPILING CONCRETE THICKNESS. 6. AFTER COMPLETION OF THE FOUNDATION AND OTHER CONSTRUCTION BELOW GRADE, AND 5. BEFORE BACK FILLING, ALL EXCAVATIONS SHALL BE CLEAN OF UNSUITABLE MATERIAL SUCH AS VEGETATION, TRASH, DEBRIS, AND SO FORTH. 7. ALL BACKFILLING SHALL (1) USE APPROVED MATERIALS CONSISTING OF EARTH, LOAM, 6. SANDY CLAYS, SAND AND GRAVEL, OR SOFT SHALE, (2) BE FREE FROM CLODS OR STONES OVER 2 1 /2" MAXIMUM DIMENSIONS, AND (3) BE PLACED IN LAYERS AND COMPACTED. 8. SITE FILL MATERIAL AND FOUNDATION BACK FILL SHALL BE PLACED IN LAYERS, MAXIMUM 6" 7. DEEP BEFORE COMPACTION. EACH LAYER SHALL BE SPRINKLED IF REQUIRED AND COMPACTED BY HAND OR MACHINE TAMPERS TO 95% OF MAXIMUM DENSITY, AT THE OPTIMUM MOISTURE CONTENT OF ±2% AS DETERMINED BY ASTM DESIGNATION D-698, UNLESS OTHERWISE APPROVED. SUCH BACK FILL SHALL NOT BE PLACED BEFORE 3 DAYS AFTER PLACEMENT OF CONCRETE. 9. THE FOUNDATION AREA SHALL BE GRADED TO PROVIDE WATER RUNOFF AND PREVENT 8. WATER FROM STANDING. THE FINAL GRADE SHALL SLOPE AWAY IN ALL DIRECTIONS FROM THE FOUNDATION AREA (UP TO FOOT OUTSIDE THE FENCE OR GROUND SYSTEM PERIMETER) AND SHALL BE COVERED WITH A GEOTEXTILE FABRIC MIRAFI 50OX OR APPROVED EQUAL TO PREVENT REOCCURRENCE OF VEGETATIVE GROWTH, AN THEN SHALL BE COVERED WITH 4" DEEP COMPACTED STONE OR GRAVEL. 10. THE CONTRACTOR SHALL PROVIDE ALL EROSION AND SEDIMENTATION CONTROL MEASURES 9. AS REQUIRED BY LOCAL, CITY, COUNTY, AND STATE CODES AND ORDINANCES TO PROTECT EMBANKMENTS FROM SOIL LOSS AND TO PREVENT ACCUMULATION OF SOIL AND SILT IN STREAMS AND DRAINAGE PATHS FROM LEAVING THE CONSTRUCTION AREA. THIS MAY INCLUDE SUCH MEASURES AS SILT FENCES, STRAW BALE SEDIMENT BARRIERS, AND CHECK DAMS. 11. FILL PREPARATION: REMOVE ALL VEGETATION, TOPSOIL, DEBRIS, WET AND UNSATISFACTORY SOIL MATERIALS, OBSTRUCTIONS, AND DELETERIOUS MATERIAL FROM GROUND SURFACE PRIOR TO PLACING FILLS. PLOW STRIP OR BREAK UP SLOPED SURFACES STEEPER THAN 1 VERTICAL TO 4 HORIZONTAL SO FILL MATERIAL WILL BOND WITH EXISTING SURFACE. WHEN SUBGRADE OR EXISTING GROUND SURFACE TO RECEIVE FILL HAS A DENSITY LESS THAN THAT REQUIRED FOR FILL, BREAK UP GROUND SURFACE TO REQUIRED DEPTH, PULVERIZE, MOISTURE CONDITION OR AERATE SOIL, AND RECOMPACT TO REQUIRED DENSITY. FOUNDATION, EXCAVATION & GRADING NOTES 12. REPLACE EXISTING GRAVEL SURFACING ON AREAS FROM WHICH GRAVEL SURFACING IS REMOVED DURING CONSTRUCTION OPERATIONS. GRAVEL SURFACING SHALL BE REPLACED TO MATCH EXISTING ADJACENT GRAVEL SURFACING AND SHALL BE OF THE SAME THICKNESS. SURFACES AND GRAVEL SURFACING SHALL BE FREE FROM CORRUGATIONS AND WAVES. EXISTING GRAVEL SURFACING MAY BE EXCAVATED SEPARATELY AND REUSED IF INJURIOUS AMOUNTS OF EARTH, ORGANIC MATTER, OR OTHER DELETERIOUS MATERIALS ARE REMOVED PRIOR TO REUSE. FURNISH ALL ADDITIONAL GRAVEL RESURFACING MATERIAL AS REQUIRED. BEFORE GRAVEL SURFACING IS REPLACED, SUBGRADE SHALL BE GRADED TO CONFORM TO REQUIRED SUBGRADE ELEVATIONS, AND LOOSE OR DISTURBED MATERIALS SHALL BE THOROUGHLY COMPACTED. DEPRESSIONS IN THE SUBGRADE SHALL BE FILLED AND COMPACTED WITH APPROVED SELECTED MATERIAL. GRAVEL SURFACING MATERIAL SHALL NO BE USED FOR FILLING DEPRESSIONS IN THE SUBGRADE. 13.PROTECT EXISTING GRAVEL SURFACING AND SUBGRADE IN AREAS WHERE EQUIPMENT LOADS WILL OPERATE. USE PLANKING OR OTHER SUITABLE MATERIALS DESIGNED TO SPREAD EQUIPMENT LOADS. REPAIR ANY DAMAGE TO EXISTING GRAVEL SURFACING OR SUBGRADE WHERE SUCH DAMAGE IS DUE TO THE CONTRACTOR'S OPERATIONS. ENSURE POSITIVE DRAINAGE DURING AND AFTER COMPLETION OF CONSTRUCTION. 14.RIPRAP SHALL BE CLEAN, HARD, SOUND, DURABLE, UNIFORM IN QUALITY, AND FREE OF ANY 14. DETRIMENTAL QUANTITY OF SOFT, FRIABLE, THIN, ELONGATED OR LAMINATED PIECES, DISINTEGRATED MATERIAL, ORGANIC MATTER, OIL, ALKALI, OR OTHER DELETERIOUS SUBSTANCE. 15.REMOVE ALL ORGANICS, ROCKS GREATER THAN 3", UNUSED FILL AND OTHER DEBRIS TO AN 15. AREA OFF SITE IN A LEGAL MANNER STEEL POST z c r; z_ ao NOTES 1. USE 36" DOT APPROVED FABRIC 2. USE STEEL POSTS H DISTURBED AREA STABILIZATION (WITH TEMPORARY SEEDING) [lDs3] DISTURBED AREA STABILIZATION (WITH PERMANENT VEGETATION) SFC-SILT FENCE, TYPE-C SCALE: NTS 30 N.S.A. R-2(1.5"-3.5") COARSE AGGREGA MAINTENANCE 1. PERIODICALLY DRESS WITH 1.5"-3.5" STONE. 2. MAINTAIN IN A CONDITION THAT WILL PREVENT TRACKING OR FLOW OF MUD ONTO PUBLIC RIGHTS -OF -WAY. 3. IMMEDIATELY REMOVE MUD AND DEBRIS TRACKED OR SPILLED ONTO ROADWAYS. CO -CONSTRUCTION EXIT DETAIL SCALE: NTS cTc P LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD. CTG-NC 0010081 A 15/12/211 FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG_NNC-0017 GRADING NOTES DETAILS C-9 Board of Commissi 2.2021 EROSION & SEDIMENT CONTROL NOTES 1. COMPOUND SHALL BE RELATIVELY FLAT. CONTRACTOR TO PROVIDE POSITIVE DRAINAGE. 2. DISTURBED AREAS LEFT IDLE SHALL BE STABILIZED WITH TEMPORARY VEGETATION AFTER 14 DAYS; AFTER 30 DAYS PERMANENT VEGETATION SHALL BE ESTABLISHED. 3. PRIOR TO COMMENCING LAND DISTURBANCE ACTIVITIES, THE LIMITS OF THE DISTURBANCE SHALL BE CLEARLY DEMARCATED WITH STAKES, RIBBONS, OR OTHER APPROPRIATE MEANS. 4. THE CONSTRUCTION OF THE SITE WILL INITIATE WITH THE INSTALLATION OF EROSION CONTROL MEASURES SUFFICIENT TO CONTROL SEDIMENT DEPOSITS AND EROSION. CONTRACTOR SHALL CALL APPROPRIATE COUNTY FOR AN INSPECTION OF SOIL EROSION CONTROL MEASURES PRIOR TO BEGIN GRADING ACTIVITY. ALL SEDIMENT CONTROL WILL BE MAINTAINED UNTIL ALL UPSTREAM GROUND WITHIN THE CONSTRUCTION AREA HAS BEEN COMPLETELY STABILIZED. 5. THE LOCATION OF SOME OF THE EROSION CONTROL DEVICES MAY HAVE TO BE ALTERED FROM THAT SHOWN ON THE PLANS IF DRAINAGE PATTERNS DURING CONSTRUCTION ARE DIFFERENT FROM THE FINAL PROPOSED DRAINAGE SYSTEMS. ANY DIFFICULTY IN CONTROLLING EROSION DURING ANY PHASE OF CONSTRUCTION SHALL BE REPORTED TO THE ENGINEER IMMEDIATELY. 6. EROSION CONTROL MEASURES WILL BE MAINTAINED AT ALL TIMES IF FI IMPLEMENTATION OF THE APPROVED PLAN DOES NOT PROVIDE FOR ELECTIVE EROSION CONTROL, ADDITIONAL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE IMPLEMENTED TO CONTROL OR TREAT THE SEDIMENT SOURCE. 7. THE CONTRACTOR SHALL REMOVE ACCUMULATED SILT WHEN THE SILT IS WITHIN 12" OF THE TOP OF THE SILT FENCE. 8. FAILURE TO INSTALL, OPERATE OR MAINTAIN ALL EROSION CONTROL MEASURES WILL RESULT IN ALL CONSTRUCTION BEING STOPPED ON THE JOB SITE UNTIL SUCH MEASURES ARE CORRECTED. 9. ANY DISTURBED AREA LEFT EXPOSED FOR A PERIOD GREATER THAN 7 DAYS SHALL BE STABILIZED WITH SEEDING. 10. CONTRACTOR SHALL REMOVE ALL EROSION CONTROL MEASURES AFTEF COMPLETION OF CONSTRUCTION AND ESTABLISHMENT OF PERMANENT GROUND COVER. 11. THE ESCAPE OF SEDIMENT FROM THE SITE SHALL BE PREVENTED BY THE INSTALLATION OF EROSION CONTROL MEASURES AND PRACTICES PRIOF TO, OR CONCURRENT WITH, LAND-SIDTURBING ACTIVITIES. 12. ALL CUT AND FILL SLOPES MUST BE SURFACED ROUGHENED AND VEGETATED WITHIN SEVEN (7) DAYS OF THEIR CONSTRUCTION. 13. ALL FILL SLOPES WILL HAVE SILT FENCES AT THE TOE OF THE SLOPE. 14. ALL SEDIMENT AND EROSION CONTROL MEASURES WILL BE CHECKED DAILY AND ANY DEFICIENCIES NOTED WILL BE CORRECTED BY THE END OF EACH DAY. ADDITIONAL EROSION AND SEDIMENT CONTROL MEASURES WILL BE INSTALLED IF DEEMED NECESSARY AFTER ON -SITE INSPECTION BY THE ISSUING AUTHORITY. 15. A 25 MIN. UNDISTURBED VEGETATION BUFFER ADJ. TO ALL RUNNING STREAMS AND CREEKS WILL BE LEFT AND MAINTAINED. 16. MAINTENANCE STATEMENT: EROSION CONTROL MEASURES WILL BE INSPECTED AT LEAST WEEKLY, AFTER EACH RAIN AND REPAIRED BY THE GENERAL CONTRACTOR. 17. ADDITIONAL EROSION CONTROL MEASURES WILL BE INSTALLED IF DEEMED NECESSARY BY ON -SITE INSPECTIONS. 18. CONSTRUCTION EXIT - TO REDUCE OR ELIMINATE THE TRANSPORT OF MUD FROM THE CONSTRUCTION AREA ONTO PUBLIC RIGHT-OF-WAYS, STREETS, ALLEYS, SIDEWALKS, OR PARKING AREAS. IMMEDIATELY REMOVE MUD AND DEBRIS TRACKED OR SPILLED ONTO ROADWAYS. -EROSION & SEDIMENT CONTROL NOTES 19. TYPE C SEDIMENT BARRIER - TO PREVENT ANY SEDIMENT CARRIED BY SHEET FLOW FROM LEAVING THE SITE AND ENTERING NATURAL DRAINAGE WAYS OR STORM DRAINAGE SYSTEMS. 20.DISTURBED AREA STABILIZATION (TEMPORARY) - TO ESTABLISH A TEMPORARY VEGETATIVE COVER WITH FAST GROWING SEEDINGS ON DISTURBED AREAS. 21.DISTURBED AREA STABILIZATION (PERMANENT) - TO ESTABLISH A PERMANENT VEGETATIVE COVER SUCH AS TREES, SHRUBS, VINES, GRASSES, SOD, OR LEGUMES ON DISTURBED AREAS. 22.DISTURBED AREA DUST CONTROL- TO CONTROL THE SURFACE AND AIR MOVEMENT OF DUST ON CONSTRUCTION SITES, ROADWAYS, AND SIMILAR SITES. EROSION & SEDIMENT CONTROL COMPOUND NOTES A. USE OF SWALES AND/OR DRAINAGE DITCHES FOR PROPER WATER RUNOFF AS NEEDED. B. AGGREGATE IS BASED ON STANDARD AASHTO. C. SLOPE NOT TO EXCEED 1 /4" PER FOOT TO MAX. GRADE OF 6" FROM CENTER OF COMPOUND TO EACH FENCE LINE. D. SUB -GRADE SHALL BE COMPACTED BY SHEEPS FOOT VIBRATOR OR RUBBER TIRED ROLLERS WEIGHING AT LEAST EIGHT TONS. E. FINISHED GRADE SHALL BE COMPACTED BY SMOOTH DRUM VIBRATOR ROLLERS WEIGHING AT LEST EIGHT TONS. FINISHED GRADE SHALL BE UNIFORM AND LEVEL. F. GRADING IS REQUIRED FOR THE PROPOSED CONSTRUCTION. COMPOUND SHALL BE RELATIVELY FLAT. CONTRACTOR TO PROVIDE POSITIVE DRAINAGE. G. DISTURBED AREAS LEFT IDLE SHALL BE STABILIZED WITH TEMPORARY VEGETATION AFTER 14 DAYS; AFTER 30 DAYS PERMANENT VEGETATION SHALL BE ESTABLISHED. H. MAINTENANCE STATEMENT: EROSION CONTROL MEASURES WILL BE INSPECTED AT LEAST WEEKLY, AFTER EACH RAIN AND REPAIRED BY THE GENERAL CONTRACTOR. I. ADDITIONAL EROSION CONTROL MEASURES WILL BE INSTALLED IF DEEMED NECESSARY BY ON -SITE INSPECTIONS. J. CONSTRUCTION EXIT - TO REDUCE OR ELIMINATE THE TRANSPORT OF MUD FROM THE CONSTRUCTION AREA ONTO PUBLIC RIGHT-OF-WAYS, STREETS, ALLEYS, SIDEWALKS, OR PARKING AREAS. IMMEDIATELY REMOVE MUD AND DEBRIS TRACKED OR SPILLED ONTO ROADWAYS. K. TYPE C SEDIMENT BARRIER - TO PREVENT ANY SEDIMENT CARRIED BY SHEET FLOW FROM LEAVING THE SITE AND ENTERING NATURAL DRAINAGE WAYS OR STORM DRAINAGE SYSTEMS. L. DISTURBED AREA STABILIZATION (TEMPORARY) - TO ESTABLISH A TEMPORARY VEGETATIVE COVER WITH FAST GROWING SEEDINGS ON DISTURBED AREAS. M. DISTURBED AREA STABILIZATION (PERMANENT) - TO ESTABLISH A PERMANENT VEGETATIVE COVER SUCH AS TREES, SHRUBS, VINES, GRASSES, SOD, OR LEGUMES ON DISTURBED AREAS. CONTRACTOR TO INSTALL SOD TO MATCH THE SPECIES USED BY THE UNIVERSITY OF HOUSTON. N. DISTURBED AREA DUST CONTROL - TO CONTROL THE SURFACE AND AIR MOVEMENT OF DUST ON CONSTRUCTION SITES, ROADWAYS, AND SIMILAR SITES. '," CAI O �p �FESS/p�9�,9 SEAL 02413 IN cTc P LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD. CTG-NC 0010081 A 15/12/211 FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 GRADING NOTES DETAILS C-10 Board of Commissi 2.2021 I � I I I I I 1 1 STORM WATER CALCS RUNOFF OF FIRST 1.5" OF RAINFALL OVER LEASE AREA AND EASEMENT AREAS IS (10,000 SF COMPOUND + 2,725.087 SF DRIVE) = 12,725 SF OF IMPERVIOUS COVER RETAIN FIRST 1.5" OF RAINFALL ACROSS NEW DEVELOPMENT AREA. VMAX. RET. = (DEPTH OF RAINFALL IN FT) (TOTAL SF OF IMPERVIOUS) VMAX. RET. = (.125FT) ( 12,725) VMAX. RET. = 1,590.625 CIF 11"7/ 4 i M r � I I j',' � --.., 2 ;1 / 21007 x 8.25' I 8.71 x i x 2% ' 0 2 f X 8.25' X X 8.25' 1 IMPERVIOUS SURFACE RATIOS EXISTING TRACT SIZE: EXISTING PERVIOUS/ IMPERVIOUS AREA TOTAL EXISTING PERVIOUS AREA: TOTAL EXISTING IMPERVIOUS AREA: PROPOSED IMPERVIOUS AREA PROPOSED IMPERVIOUS AREA INCREASE: COMPOUND GRAVEL DRIVE 5.95 ACRES (259,182 SQ.FT.) 259,182 SQFT. (5.95 ACRES) 0000 SQFT. (.000 ACRES) 12,725 SQFT.(0.29 ACRES) 10,000 SQFT. (0.23 ACRES) 2,725 SQFT. (0.06 ACRES) TOTAL PROPOSED PERVIOUS AREA: 246,457 SQFT. (5.66 ACRES) TOTAL PROPOSED IMPERVIOUS AREA: 12,725 SQFT. (0.29 ACRES) IMPERVIOUS SURFACE AREA (ISR) & PERVIOUS SURFACE AREA (PSR) PROPOSED ISR: 12,725/ 259,182 = 4.909% PROPOSED PSR: 246,457/259,182 = 95.090% ADD CLEAN DIRT FILL TO ENTIRE SITE AREA TO RAISE SITE 12". INSTALL FILL DIRT & PACK IN 6" LIFTS TO COMPACTED AT A MIN. OF 98% STANDARD PROCTOR. ALL IMPORTED FILL SHOULD BE CLEAN SOIL (FREE OF ROOTS & DEBRIS AND SHOULD CONTAIN LES THAN 10% BY DRY WEIGHT PASSING #200. DO NOT REUSE ANY EXISTING EXCAVATED SOILS FOR STRUCTURAL FILL. SILT FENCE/LIMITS OF CONSTRUCTION SFC GRAPHIC SCALE 40' 00' 40' SCALE: 1" = 40' I -NORTH ARROW NN••CARo, w PM E SEAL a _ 0241 cTc ew'; � E k V'A 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD.I CTG-NC 0010081 A l5/12/21I FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 GRADING & EROSION CONTROL PLAN Board of Commissioners - August 2, El C-1 1 "TREE SAVE SIGNAGE IM ................. ITIFff rEl — — LPROPOSED b" OF #57 STONE ON GEOSYNTHETIC FABRIC k PROPOSED / MONOPOLE LANDSCAPING PLAN SCALE: 1:40 PROPOSED 25' LANDSCAPE BUFFER/ TREE PRESERVATION AREA BRIGHT ORANGE POLYTHYLENE LAMINAR FENCE FABRIC -GENERAL NOTES 1. ALL PLANTS MUST BE HEALTHY, VIGOROUS MATERIAL, FREE OF PESTS AND DISEASE. 2. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL UNDERGROUND UTILITIES AND SHALL AVOID DAMAGE TO ALL UTILITIES DURING COURSE OF THE WORK. THE CONTRACTOR IS RESPONSIBLE FOR REPAIRING ALL DAMAGE TO UTILITIES, STRUCTURES, SITE APPURTENANCES, ETC. WHICH OCCURS AS A RESULT OF THE LANDSCAPE CONSTRUCTION. 3. THE CONTRACTOR SHALL COMPLETELY GUARANTEE ALL PLANT (1) YEAR BEGINNING AT THE DATE OF TOTAL ACCEPTANCE. THE CONTRACTOR SHALL PROMPTLY MAKE ALL REPLACEMENTS BEFORE OR AT THE END OF THE GUARANTEE PERIOD. 4. ANY PLANT MATERIAL THAT DIES, TURNS BROWN OR DEFOLIATES (PRIOR TO TOTAL ACCEPTANCE OF THE WORK) SHALL BE PROMPTLY REMOVED FROM THE SITE AND REPLACED WITH MATERIAL OF THE SAME SPECIES, QUANTITY, SIZE AND MEETING ALL SPECIFICATIONS. 5. STANDARDS SET FORTH IN "AMERICAN STANDARD FOR NURSERY STOCK", LATEST EDITION, REPRESENT GUIDELINE SPECIFICATIONS ONLY AND SHALL CONSTITUTE MINIMUM QUALITY REQUIREMENTS FOR PLANT MATERIAL. b. ALL BUFFERS AND TREE SAVE AREAS ARE TO BE CLEARLY IDENTIFIED WITH FLAGGING AND /OR FENCING PRIOR TO COMMENCEMENT OF ANY LAND DISTURBANCE -ARBORIST NOTES 1. NO SPECIMEN TREES EXISTING ON THE SITE. 2. NO PLANTING MATERIAL WILL BE STORED ON SITE. 3. THERE WILL NO BURNING OR BURIAL OF DEBRIS ON SITE. GRAPHIC SCALE 10, 00, 10, SCALE: 1" = 10' r-NORTH ARROW L�? �zcSAY ou'�F`� \\\\\\p\\\IIIIIII N •��N CAROiiip% �. Q��FESS� II METAL STAKE (TYP.)11 a 6.0' U w PM E SEAL A 0 413 N FENCE LOCATION (LIMITS OF'� • gl`��'' CRITICAL ROOT ZONE OR AS//i' \\\Q SHOWN ON PLANS. S 'Q' �, INE `, 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD.I CTG-NC 0010081 A l5/12/21I FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG_NNC-0017 LANDSCPAING PLAN TREE PROTECTION DETAIL Board of Cb`rfjfFlig�ioners - August 2, 2021 C-12 ELECTRICAL INSTALLATION NOTES 1. ALL ELECTRICAL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS, NEC AND ALL APPLICABLE LOCAL CODES. 2. CONDUIT ROUTINGS ARE SCHEMATIC. SUBCONTRACTOR SHALL INSTALL CONDUITS SO THAT ACCESS TO EQUIPMENT IS NOT BLOCKED. 3. WIRING, RACEWAY AND SUPPORT METHODS AND MATERIALS SHALL COMPLY WITH THE REQUIREMENTS OF THE NEC AND TELCORDIA. 4. ALL CIRCUITS SHALL BE SEGREGATED AND MAINTAIN MINIMUM CABLE SEPARATION AS REQUIRED BY THE NEC AND TELCORDIA. 5. CABLES SHALL NOT BE ROUTED THROUGH LADDER -STYLE CABLE TRAY RUNGS. 6. EACH END OF EVERY POWER, POWER PHASE CONDUCTOR (I.E., HOTS), GROUNDING, AND T1 CONDUCTOR AND CABLE SHALL BE LABELED WITH COLOR -CODED INSULATION OR ELECTRICAL TAPE (3M BRAND, 1/2 INCH PLASTIC ELECTRICAL TAPE WITH UV PROTECTION, OR EQUAL). THE IDENTIFICATION METHOD SHALL CONFORM WITH NEC & OSHA. 7. ALL ELECTRICAL COMPONENTS SHALL BE CLEARLY LABELED WITH ENGRAVED LAMACOID PLASTIC LABELS. ALL EQUIPMENT SHALL BE LABELED WITH THEIR VOLTAGE RATING, PHASE CONFIGURATION, WIRE CONFIGURATION, POWER OR AMPACITY RATING, AND BRANCH CIRCUIT ID NUMBERS (I.E., PANELBOARD AND CIRCUIT ID'S). 8. PANELBOARDS (ID NUMBERS) AND INTERNAL CIRCUIT BREAKERS (CIRCUIT ID NUMBERS) SHALL BE CLEARLY LABELED WITH ENGRAVED LAMACOID PLASTIC LABELS. 9. ALL TIE WRAPS SHALL BE CUT FLUSH WITH APPROVED CUTTING TOOL TO REMOVE SHARP EDGES. 10.POWER, CONTROL, AND EQUIPMENT GROUND WIRING IN TUBING OR CONDUIT SHALL BE SINGLE CONDUCTOR (# 14 AWG OR LARGER), 600 V, OIL RESISTANT THHN OR THWN-2, CLASS B STRANDED COPPER CABLE RATED FOR 90 °C (WET AND DRY) OPERATION; LISTED OR LABELED FOR THE LOCATION AND RACEWAY SYSTEM USED, UNLESS OTHERWISE SPECIFIED. 11.SUPPLEMENTAL EQUIPMENT GROUND WIRING LOCATED INDOORS SHALL BE SINGLE CONDUCTOR (#6 AWG OR LARGER), 600 V, OIL RESISTANT THHN OR THWN-2 GREEN INSULATION, CLASS B STRANDED COPPER CABLE RATED FOR 90 °C (WET AND DRY) OPERATION; LISTED OR LABELED FOR THE LOCATION AND RACEWAY SYSTEM USED, UNLESS OTHERWISE SPECIFIED. 12.POWER AND CONTROL WIRING, NOT IN TUBING OR CONDUIT, SHALL BE MULTI -CONDUCTOR, TYPE TC CABLE (#14 AWG OR LARGER), 600 V, OIL RESISTANT THHN OR THWN-2, CLASS B STRANDED COPPER CABLE RATED FOR 90 °C (WET AND DRY) OPERATION; WITH OUTER JACKET; LISTED OR LABELED FOR THE LOCATION USED, UNLESS OTHERWISE SPECIFIED. 13.ALL POWER AND POWER GROUNDING CONNECTIONS SHALL BE CRIMP -STYLE, COMPRESSION WIRE LUGS AND WIRENUTS BY THOMAS AND BETTS (OR EQUAL). LUGS AND WIRENUTS SHALL BE RATED FOR OPERATION AT NO LESS THAN 75°C (90°C IF AVAILABLE). 14. RACEWAY AND CABLE TRAY SHALL BE LISTED OR LABELED FOR ELECTRICAL USE IN ACCORDANCE WITH NEMA, UL, ANSI/IEEE, AND NEC. 15. ELECTRICAL METALLIC TUBING (EMT) OR RIGID NONMETALLIC CONDUIT (I.E., RIGID PVC SCHEDULE 40, OR RIGID PVC SCHEDULE 80 FOR LOCATIONS SUBJECT TO PHYSICAL DAMAGE) SHALL BE USED FOR EXPOSED INDOOR LOCATIONS. 16. ELECTRICAL METALLIC TUBING (EMT), ELECTRICAL NONMETALLIC TUBING (ENT), OR RIGID NONMETALLIC CONDUIT (RIGID PVC, SCHEDULE 40) SHALL BE USED FOR CONCEALED INDOOR LOCATIONS. 17. GALVANIZED STEEL INTERMEDIATE METALLIC CONDUIT (IMC) SHALL BE USED FOR OUTDOOR LOCATIONS ABOVE GRADfgoard of Commission ELECTRICAL INSTALLATION NOTES CONT. 18.RIGID NONMETALLIC CONDUIT (I.E., RIGID PVC SCHEDULE 40 OR RIGID PVC SCHEDULE 80) SHALL BE USED UNDERGROUND; DIRECT BURIED, IN AREAS OF OCCASIONAL LIGHT VEHICLE TRAFFIC OR ENCASED IN REINFORCED CONCRETE IN AREAS OF HEAVY VEHICLE TRAFFIC. 19.LIQUID-TIGHT FLEXIBLE METALLIC CONDUIT (LIQUID-TITE FLEX) SHALL BE USED INDOORS AND OUTDOORS, WHERE VIBRATION OCCURS OR FLEXIBILITY IS NEEDED. 20.CONDUIT AND TUBING FITTINGS SHALL BE THREADED OR COMPRESSION -TYPE AND APPROVED FOR THE LOCATION USED. SETSCREW FITTINGS ARE NOT ACCEPTABLE. 21.CABINETS, BOXES, AND WIREWAYS SHALL BE LISTED OR LABELED FOR ELECTRICAL USE IN ACCORDANCE WITH NEMA, UL, ANSI/IEEE, AND N EC. 22.WIREWAYS SHALL BE EPDXY -COATED (GRAY) AND INCLUDE A HINGED COVER, DESIGNED TO SWING OPEN DOWNWARD; SHALL BE PANDUIT TYPE E (OR EQUAL); AND RATED NEMA 1 (OR BETTER) INDOORS, OR NEMA 3R (OR BETTER) OUTDOORS. 23.EQUIPMENT CABINETS, TERMINAL BOXES, JUNCTION BOXES, AND PULL BOXES SHALL BE GALVANIZED OR EPDXY -COATED SHEET STEEL, SHALL MEET OR EXCEED UL 50, AND RATED NEMA 1 (OR BETTER) INDOORS, OR NEMA 3R (OR BETTER) OUTDOORS 24.METAL RECEPTACLE, SWITCH, AND DEVICE BOXES SHALL BE GALVANIZED, EPDXY -COATED, OR NON -CORRODING; SHALL MEET OR EXCEED UL 514A AND NEMA OS 1; AND RATED NEMA 1 (OR BETTER) INDOORS, OR WEATHER PROTECTED (WP OR BETTER) OUTDOORS. 25.NONMETALLIC RECEPTACLE, SWITCH, AND DEVICE BOXES SHALL MEET OR EXCEED NEMA OS 2; AND RATED NEMA 1 (OR BETTER) INDOORS, OR WEATHER PROTECTED (WP OR BETTER) OUTDOORS. 26.THE SUBCONTRACTOR SHALL NOTIFY AND OBTAIN NECESSARY AUTHORIZATION FROM THE CONTRACTOR BEFORE COMMENCING WORK ON THE AC POWER DISTRIBUTION PANELS. 27.THE SUBCONTRACTOR SHALL PROVIDE NECESSARY TAGGING ON THE BREAKERS, CABLES AND DISTRIBUTION PANELS IN ACCORDANCE WITH THE APPLICABLE CODES AND STANDARDS TO SAFEGUARD AGAINST LIFE AND PROPERTY. 2.2021 -GROUNDING GENERAL NOTES A. ALL GROUND ELECTRODE SYSTEMS (INCLUDING TELECOMMUNICATION, RADIO, LIGHTNING PROTECTION, AND AC POWER GES'S) SHALL BE BONDED TOGETHER, AT OR BELOW GRADE, BY TWO OR MORE COPPER BONDING CONDUCTORS IN ACCORDANCE WITH THE NEC AND AT&T N D-00071. B. THE SUBCONTRACTOR IS RESPONSIBLE FOR PROPERLY SEQUENCING GROUNDING AND UNDERGROUND CONDUIT INSTALLATION AS TO PREVENT ANY LOSS OF CONTINUITY IN THE GROUNDING SYSTEM OR DAMAGE TO THE CONDUIT. C. METAL RACEWAY SHALL NOT BE USED AS THE NEC REQUIRED EQUIPMEN" GROUND CONDUCTOR. STRANDED COPPER CONDUCTORS WITH GREEN INSULATION, SIZED IN ACCORDANCE WITH THE NEC, SHALL BE FURNISHED AND INSTALLED WITH THE POWER CIRCUITS. D. CONNECTIONS TO THE GROUND BUS SHALL NOT BE DOUBLED UP OR STACKED. BACK-TO-BACK CONNECTIONS ON OPPOSITE SIDES OF THE GROUND BUS ARE PERMITTED. E. ALUMINUM CONDUCTOR OR COPPER CLAD STEEL CONDUCTOR SHALL NOT BE USED FOR GROUNDING CONNECTIONS. F. USE OF 90' BENDS IN THE PROTECTION GROUNDING CONDUCTORS SHALL BE AVOIDED WHEN 45' BENDS CAN BE ADEQUATELY SUPPORTED. IN ALL CASES, BENDS SHALL BE MADE WITH A MINIMUM BEND RADIUS OF 8 INCHES. G. ALL EXTERIOR GROUND CONDUCTORS BETWEEN EQUIPMENT/GROUND BARS AND THE GROUND RING, SHALL BE #2 AWG SOLID TIN-PLATED COPPER UNLESS OTHERWISE INDICATED. H. EXOTHERMIC WELDS SHALL BE USED FOR ALL GROUNDING CONNECTIONS BELOW GRADE. CONNECTIONS TO ABOVE GRADE EXTERIOR UNITS SHALL BE MADE WITH EXOTHERMIC WELDS WHERE PRACTICAL OR WITH 2 HOLE MECHANICAL TYPE BRASS CONNECTORS WITH STAINLESS STEEL HARDWARE, INCLUDING SET SCREWS. I. EXOTHERMIC WELDS SHALL BE PERMITTED ON TOWERS ONLY WITH THE EXPRESS APPROVAL OF THE TOWER MANUFACTURER OR THE CONTRACTORS STRUCTURAL ENGINEER. J. ALL WIRE TO WIRE GROUND CONNECTIONS TO THE INTERIOR GROUND RING SHALL BE FORMED USING HIGH PRESS CRIMPS OR SPLIT BOLT CONNECTORS WHERE INDICATED IN THE DETAILS. K. APPROVED ANTIOXIDANT COATINGS (I.E., CONDUCTIVE GEL OR PASTE) SHALL BE USED ON ALL COMPRESSION AND BOLTED GROUND CONNECTIONS. L. ALL EXTERIOR GROUND CONNECTIONS SHALL BE COATED WITH A CORROSION RESISTANT MATERIAL. M. MISCELLANEOUS ELECTRICAL AND NON -ELECTRICAL METAL BOXES, FRAMES AND SUPPORTS SHALL BE BONDED TO THE GROUND RING, IN ACCORDANCE WITH THE NEC. N. BOND ALL METALLIC OBJECTS WITHIN 6 FT OF THE BURIED GROUND RING WITH # 2 SOLID AWG TIN-PLATED COPPER GROUND CONDUCTOR. O. GROUND CONDUCTORS USED IN THE FACILITY GROUND AND LIGHTNING PROTECTION SYSTEMS SHALL NOT BE ROUTED THROUGH METALLIC OBJECTS THAT FORM A RING AROUND THE CONDUCTOR, SUCH AS METALLIC CONDUITS, METAL SUPPORT CLIPS OR SLEEVES THROUGH WALLS OR FLOORS. WHEN IT IS REQUIRED TO BE HOUSED IN CONDUIT TO MEET CODE REQUIREMENTS OR LOCAL CONDITIONS, NON-METALLIC MATERIAL SUCH AS PVC PLASTIC CONDUIT SHALL BE USED. WHERE USE OF METAL CONDUIT IS UNAVOIDABLE (E.G., STEEL CONDUIT PROHIBITED BY LOCAL CODE) THE GROUND CONDUCTOR SHALL BE BONDED TO EACH END OF THE METAL CONDUIT WITH LISTED BONDING FITTINGS. CMG P LOCATION: 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD. CTG-NC 0010081 A 15/12/211 FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 ELECTRICAL NOTES E-1 FROM LOCAL UTILITY STEP DOWN TRANSFORMER BY LOCAL UTILITY 120/208V, SINGLE PHASE, 3 WIRE, 60 HZ. VERIFY LOCATION WITH SERVICE PROVIDER. MOUNTED ON POLE OVERHEAD. 2 SETS OF (3)#350KCMIL IN 2" CONDUIT PARALLEL RUNS CONDUCTORS SIZED PER UTILITY COMPANY REQUIREMENTS AND LENGTH OF FINAL RUN TO SOURCE OF SERVICE. THE CONTRACTOR SHALL SUPPLY AND INSTALL THE WEATHER -HEAD IF REQUIRED. PROVIDE SERVICE ENTRANCE GROUND ROD �T WITH INSPECTION WELL IN ACCORDANCE WITH / NEC 250 AND LOCAL UTILITY REQUIREMENTS * INSTALL NAME PLATE WITH 3/8" MINIMUM "CARRIER HEIGHT LETTERS ON METER SOCKET "CARRIER" "CARRIER" 600AMP 3-GANG METER PANEL INSTALLED BY CONTRACTOR. COORDINATE WITH UTILITY COMPANY FOR MANUFACTURER AND MODEL. SEE MULTI -GANG METER NOTES FOR SPECIFICATION (OR EQ./SIMILAR) TO CARRIER LEASE AREA ONE -LINE DIAGRAM SCALE: NTS -GENERAL NOTES 1. ELECTRICAL CONTRACTOR SHALL CONTACT POWER CO. & FIBER CO. AND VERIFY EXACT ROUTING, SIZING AND CONDITIONS BEFORE TRENCHING. 2. INSTALL ALL CONDUITS & EQUIPMENT AS SPECIFIED BY POWER CO. & FIBER CO. 3. VERIFY ALL EXISTING UNDERGROUND UTILITIES BEFORE TRENCHING. 4. PROVIDE NYLON PULL STRINGS ON ALL EMPTY CONDUITS. CONDUIT & RISER DIAGRAM NOTE ALL RISER POLE CONDUIT SHALL BE SUPPLIED BY THE OWNER/DEVELOPER AND MUST BE ON THE JOB SITE. THE OWNER/DEVELOPER SHALL INSTALL THE BOTTOM JOINT OF GALVANIZED RIGID STEEL CONDUIT AND POWER COMPANY WILL INSTALL THE TOP TWO (2) JOINTS. THE BOTTOM JOINT OF CONDUIT AND 90 DEGREE ELBOW SHALL BE INSTALLED BY THE CONTRACTOR AFTER POWER CO. INSTALLS THE RISER POLE. THE CONTRACTOR MUST ALSO SUPPLY SIX (6) TWO HOLE RIGID STEEL STRAPS (2 STRAPS PER 10 FT JOINT) GROUND CLAMP WILL BE PROVIDED AND INSTALLED BY POWER CO. MULTI -GANG METER NOTES: EATON MODEL # 1 MP6206RRLBC A. THE SERVICE BOX SHALL BE LOCKABLE WITH PROVISIONS TO ACCEPT THE UTILITY LOCKS. B. COVERS SHALL BE FASTENED WITH MACHINE SCREWS OR BOLTS. HINGED COVERS SHALL NOT BE PERMITTED. C. COVERS SHALL HAVE TWO HANDLES FOR REMOVAL. D. THE SERVICE CABLE TAP BOX SHALL BE IN COMPLIANCE WITH UTILITY SERVICE STANDARDS. omwuw SE c1c p =W6&,� 14 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD.I CTG-NC 0010081 A l5/12/21I FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 ELECTRICAL ONE -LINE Board of Commissioners - August 2, 2021 E-2 X_ X X_ k X_ -KEYED NOTES 1. #2 AWG BARE TINNED SOLID COPPER EQUIPMENT GROUND RING BURIED 30" BELOW GRADE OR 6" BELOW FROST LINE(WHICHEVER IS GREATER, TYP.) ALL GROUND LEADS CONNECTED TO RING SHALL BE c1c #2 AWG BARE TINNED SOLID COPPER. 2. BOND EACH TOWER BASE PLATE TO TOWER GROUND RING PER TOWER MANUFACTURERS RECOMMENDATIONS (TYP.-3) 3. PROPOSED 5/8" X 10'-0 LONG COPPER CLAD STEEL GROUND RODS (TYP) 4. PROPOSED INSPECTION WELL (TYP.) AM 5. BOND H-FRAME TO GROUND RING WITH CADWELD CONNECTION (TYP. 2) 6. PROVIDE A #2/ 0 AWG SOLID BARE TINNED COPPER CONDUCTOR FROM GROUNDING LUG IN PROPOSED UTILITY METER AND BOND TO SERVICE ENTRANCE GROUND ROD AT A POINT CLOSE AS POSSIBLE. LOCATION: 7. GROUND SERVICE TO SERVICE GROUND ROD. 34.072992 ,-77.901794 8. BOND CHAINLINK FENCE TO CLOSEST GROUND RING WITH CADWELD CONNECTIONS (TYP.). NEAREST ADDRESS: 9. BOND FENCE & GATE POSTS TO GROUND RING WITH CADWELD 902 THE CAPE BLVD, CONNECTIONS (TYP.). WILMINGTON, NC 28412 10. BOND EVERY OTHER METALLIC POST TO CLOSEST GROUND RING WITH CADWELD CONNECTIONS (TYP.). THE CAPE BLVD. CTG-NC 0010081 GRAPHIC LEGEN ■ EXOTHERMIC WELD MECHANICAL CONNECTION ® 5/8" X 10' COPPER CLAD GROUND ELECTRODE ❑D 5/8" X 10' COPPER CLAD GROUND ELECTRODE W/ INSPECTION WELL GRAPHIC SCALE 20' 00, 20' SCALE: 1" = 20' rNORTH ARROW ,o° p 'FESS16. /,''% w PM E SEAL a 0241 S' • I N E ..•••c� ,. A l5/12/21I FINAL 1 PROJECT: SITE DEVELOPMENT DESIGNER: INS CHECKED: JTM JOB #: 20KCG NNC-0017 GROUNDING PLAN Board of Commissioners - August 2, 2021 E-3 x X REMOVABLE COVER #2 AWG BARE TINNED SOLID X X X A A cTc; FINISH GRADE COPPER WIRE TEST LOOP. FINISH GRADE CADWELD TO GROUND RING N (TYP.) GRADE GRADE N SCH. 40 PVC 8" DIAMETER N� O Z O U_ U_ o CADWELD ROD GROUND o CADWELD EXOTHERMIC CONNECTION TO GROUND RING 30 WELD CONNECTION M m ? LU 1" WIDE SLOT CUT SMOOTH LU m Z CONTINUOUS GROUND CADWELD CONNECTION \ G BARE o J FOR GROUND RING. EXTEND `o J TIN TINNED SOLID COPPER G T NOTCH 2" ABOVE G �'r FENCE AWG BCW CONDUCTOR 7WIRE FENCE POST LEAD LOCATION: CONTINUOUS GROUND \ RING #2 AWG BARE TINNED SOLID COPPER WIRE 4" -6" LOOSE CRUSHED GRAVEL BELOW WELD. WELD SHALL REMAIN VISIBLE. COPPER CLAD STEEL GROUND ROD 5/8"x 10'-0" LONG NOTES 1. ONE TEST WELL SHALL BE PROVIDED BETWEEN THE TOWER GROUND LOOP AND THE EQUIPMENT GROUND LOOP GROUND ROD INSPECTION WELL SCALE: NTS FINISH GRADE/SURFACE GRADELu > \ (V w D!f J Z_ 3ww C3 0`ZN i\ O N O \ A \ \� 6" UTILITY WARNING TAPE. BURIED 12" BELOW GRADE UNDISTURBED SOIL COMPACTED BACKFILL. (FREE OF DEBRIS) UNDERGROUND CONDUIT. SEE PLAN FOR QUANTITY SAND BED -NOTES 1. PROVIDE PVC CONDUIT BELOW GRADE EXCEPT AS NOTED. 2. PROVIDE RGS CONDUIT BELOW PARKING LOTS & ROADWAYS. 3. 4" TYP. SEPARATION BETWEEN CONDUIT IN SHARED TRENCH. VERIFY FINAL REQUIREMENTS WITH LOCAL UTILITY COMPANY. UNDERGROUND CONDUIT TRENCH SCALE: NTS COPPER CLAD STEEL GROUND ROD 5/8"x 10'-0" LONG ANGLED ROD ACCEPTABLE, ONLY 30° IF, ROD CAN NOT BE DRIVEN VERTICAL DUE TO OBSTRUCTIONS OR BEDROCK IS ENCOUNTERED. BURIED, NOT DRIVEN. REPRESENTS THE MAX. TILT ANGLE OF GROUND ROD. GROUND ROD DETAIL SCALE: NTS RIGID NON-METALLIC CONDUIT Z COUPLING, AS APPICABLE. 12 *CAP IF NOT IN USE TO MAKE 'O WATER TIGHT W/ CONDUIT MALE SCREW COVER WITH TOP OF PAD TEFLON LUBRICANT fV FINISH GRADE ✓ a a CADWELD CONNECTION CONTINUOUS GROUND RING #2 AWG BCW FENCE GROUNDING SCALE: NTS 34.072992 ,-77.901794 NEAREST ADDRESS: 902 THE CAPE BLVD, WILMINGTON, NC 28412 THE CAPE BLVD.I CTG-NC 0010081 A 15/12/211 FINAL 1 LU Z RIGID NON-METALLIC Z CONDUIT. PROVIDE SCH. "' 80 PVC OR EQUAL. PROJECT: A SITE DEVELOPMENT 10 `1) O DESIGNER: INS m CHECKED: JTM ......... JOB #: 20KCG_NNC-0017 PVC ADAPTOR PVC SCH. 40 SIZE AS SHOWN ON LAYOUT rNOTES l . PROVIDE RGS CONDUIT AND ELBOWS AT STUB -UP LOCATIONS II UNDERGROUND CONDUIT STUB -UP ELECTRICAL DETAILS E-4 Board of Commissioners - August 2, 2021 SCALE: NTS ITFM- 15- 11.1 - 9.11 OPPOSITION MATERIALS Board of Commissioners - August 2, 2021 ITEM: 15- 14 - 1 MARSHALL, WILLIAMS & GORHAM, LLP Attorneys at Law Wilmington, North Carolina ALAN A. MARSHALL (1908 - 1979) LONNIE B. WILLIAMS (1928-2018) A. DUMAY GORHAM, JR. (Retired) WILLIAM ROBERT CHERRY, JR. CHARLES D. MEIER JOHN L. COBLE * ELLEN P. WORTMAN SAMUEL H. HELTON * NCDRC Certified Superior Court Mediator July 19, 2021 Mr. Marty Little Long Range Planner New Hanover County Planning & Land Use 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Via email: mlittle@nhcgov.com OFFICE 430 EASTWOOD RD. STE. 200 WILMINGTON, NC 28403-1851 TELEPHONE (910) 763-9891; Ext. 214 FACSIMILE (910) 343-8604 www.rnw-law.com E-mail: cdm@mwglaw.com Re: Special Use Permit Request (S21-03) for a cell tower in an R-15 zoning district Applicant: Southeastern Enterprises, Inc. My clients: Telfair Summit HOA, Inc.ITelfair Forest Homeowners Association, Inc. Dear Mr. Little: I represent Telfair Suminit HOA, Inc. ("Telfair Summit") and Telfair Forest Homeowners Association, Inc. ("Telfair Forest"), both N.C. non-profit corporations (collectively "HOAs"). The HOAs object to Special Use Permit Request (S21-03). Please include this submission in the Agenda Package for the County Commissioners for the Quasi -Judicial Public Hearing scheduled for August 2, 2021, NOW COMES Telfair Summit and Telfair Forest, and object to the Special Use Permit Request (S21-03) of the applicant Southeastern Enterprises, Inc., for a 134' tall monopole cell tower to be located on a 5.95-acre parcel of land currently zoned R-15, NHC Tax Parcel ID: R08500-002-070-000. Board of Commissioners - August 2, 2021 ITEM: 15- 15 - 1 Special Use Permit Request (S21-03) July 19, 2021 Page 2 STANDING The HOAs have standing to object to the application and present evidence under N.C.G.S. § 160D-406(d) and N.C.G.S. § 16013-1402(c)(3). Each are incorporated associations to which owners or Iessees of property in a designated area belong by virtue of their owning or leasing property in that area, so Iong as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the associations were not created in response to the particular development or issue that is the subject of the appeal. Telfair Summit was incorporated on February 10, 1998, and Telfair Forest was incorporated on July 28, 1995. Telfair Summit, which consists of 40 duplex townhomes, is located approximately 700 feet west of the proposed cell tower, and Telfair Forest, which consists of 37 single family homes, is approximately 400 feet east of the proposed cell tower (MPB Real Estate, LLC Impact Study dated June 13, 2021, hereinafter "Impact Study"). Multiple owners in each HOA received notice of the Special Use Permit Request as adjoining landowners as required by ordinance. Each of the owners in these HOAs would have standing to object to the application and present evidence, and owners in these HOAs are expected to testify at the hearing. In addition, access to the cell tower site is limited to one privately maintained road, Valley Brook Road. The portion of the private road located within Telfair Forest is maintained by both HOAs in accordance with an "Agreement to Maintain Roadway and Entrance" recorded in Book 2311, Page 0719, New Hanover County Registry (Exhibit 1). The portion of the road that extends beyond Telfair Forest to Telfair Summit, and where the cell tower and easement to it will be located, is maintained by Telfair Summit. The applicant, Southeastern Enterprises, Inc. (if you assume it has any right to use any portion of the road), has never contributed to its maintenance, repair, or replacement, and has consistently refused to do so. The law is clear that the owner of property that accepts the benefits of a privately maintained road is required to contribute pro rate to its upkeep, repair, and maintenance. Miles v. Carolina Forest Assn, 1.67 N.C.App. 28, 37, 604 S.E.2d 327, 333-34 (2004); Lake Toxaway Cmty. Assn v. RYF Enters., 226 N.C. App. 483, 491-92, 742 S.E.2d 555, 561-62 (2013). Finally, according to the Impact Study: "The subject is a parcel of land that appears to be open space for the Telfair Forest subdivision." (Page 1) From a title standpoint that is incorrect; Board of Commissioners - August 2, 2021 ITEM: 15- 15 - 2 Special Use Permit Request (S21-03) July 19, 2021 Page 3 the subject is owned by Southeastern Enterprises, Inc. However, what is and what is not an open space, common area or conservation area, and who owns it, is very relevant to the application. Telfair Forest was developed first in 1994 by Gulfstream Developers, Inc. A map of Telfair Forest was recorded in Map Book 34, Page 359, New Hanover County Registry (Exhibit 2). It does not show any common areas. Telfair Summit was developed in 1998 by Telfair Summit, LLC. Matt Murphy signed the Articles of Organization for Telfair Summit, LLC, was a principal of Telfair Summit and made multiple material representations to purchasers regarding the use of the subject parcel, in particular that it would be a "nature reserve". Beginning in 1996 and continuing until its dissolution in 2008, the Annual Reports of Telfair Summit, LLC show that the member/manager was Southeastern Enterprises, Inc., and were signed by Matt Murphy. The property where Telfair Summit was built was zoned R-15. However, to develop it as duplexes with much higher density, Telfair Summit was required by New Hanover County to set aside land as common areas and/or conservation areas. It did so as shown by a neap recorded in Map Book 37, Page 317, New Hanover County Registry (Exhibit 3). The following disclosure was on the map: CERTIFICATE OF OtVNERSHIP. DEDICATION AND JURISDICTION: f (WE) HEREBY CERTIFY THAT 1 (WE) n'RE THE OWNERS OF THE PROPERTY SHOWN AND DESCRIBED HEREON AND THAT I (44'E) HEREBY ADOPT THIS PLAN OF SUBDIVISION WITH MY (OUR) FREE CONSENT ESTABLISH THE MINI.AUM BUILDING LIVES AND DEDICATION CF ALL . STREE-S. ♦iLL_-'S. V44LK5 PARKS. CONSERVATION SPACE AND OTIEP AREAS TO PUBLIC OR PPfVhTE USE AS NOTED. ALL ROADS AND DRAINAGE EASEMENTS ARE D,DiCATED FOR ;=' PUBLIC UTILITY PURPOSES. FORTHEP. I (::'E) CERT FY THE LAND AS SHOL1N HEREOF! IS LOCATED WITHIN THE SUBDIVISION JUR1S6rCTION OF NEW HANOVER COUNTY. DACE GI INERS j`, The map identified the common areas and conservation areas: Board of Commissioners - August 2, 2021 ITEM: 15- 15 - 3 Special Use Permit Request (521-03) July 19, 2021 Page 4 a _;- runa.ccmcr erm oK.. tr�ian.. _--- .o� C'GT�4fij — 1 n � rG rWn The subject property is shown as "FUTURE DEVELOPMENT". But everything across Valley Brook Drive is shown as either COMMON AREA or CONSERVATION AREA for Telfair Forest. According to the Impact Study: "The surrounding land uses are contributing factors in the development of the conclusion regarding the potential impact of the tower" (Page 1). By deed recorded November 16, 2006, Telfair Summit, LLC deeded a portion of the area that was shown and dedicated as common areas/conservation areas to Telfair Sununit, Book 5106, Page 24, New Hanover County Registry (Exhibit 4). Thus, Telfair Summit is also an adjacent property owner and has standing in its own right to object to the application and present evidence. However, the very same day, Telfair Summit, LLC deeded the subject property AND the common area/conservation area nearest Telfair Forest, and immediately across from the proposed location of the cell tower, approximately 2.97 acres, for zero consideration, to Southeastern Enterprises, Inc., taking away from Telfair Summit the promised common area/conservation area, and likely in violation of the approved county plan for Telfair Summit (Book 5106, Page 20, New Hanover County Registry, NHC Tax Parcel ID: R08500-002-114-000, Exhibit 5). This was the left-hand conveying property to the right-hand, as the principal of each was the same, Matt Murphy. Telfair Summit was not aware of this until the Special Use Permit Request. Mr. Murphy had erected a sign on this parcel, "Telfair Summit Nature Reserve", that is still there today. The very premise of the Impact Study as to surrounding land uses is wrong. A large parcel directly across the private Board of Commissioners - August 2, 2021 ITEM: 15- 15 - 4 Special Use Permit Request (S21-03) July 19, 2021 Page 5 street, approximately 2.97 acres, is in fact not a corm -non area/conservation area owned by Telfair Summit, but is a tract of land owned by Southeastern Enterprises, Inc., zoned R-15. ARGUMENT Though the burden of proof is upon the applicant to establish that the application meets all 4 prongs of the four-part test, the HOAs will only focus on parts 3 and 4 for purposes of this response. 3 & 4. THE USE WILL SUBSTANTIALLY INJURE THE VALUE OF THE ADJOINING AND ABUTTING PROPERTIES, THERE IS NO EVIDENCE THAT THE USE IS A PUBLIC NECESSITY, AND THE LOCATION AND CHARACTER OF THE USE IF DEVELOPED ACCORDING TO THE PLAN SUBMITTED WILL NOT BE IN HARMONY WITH THE AREA IN WHICH IT IS TO BE LOCATED AND IS NOT IN GENERAL CONFORMITY WITH THE COMPREHENSIVE LAND USE PLAN FOR NEW HANOVER COUNTY. It should first be noted that the subject property, by the applicant's own evidence, is encumbered by a floodplain and designated wetlands. (Impact Study, Page 1). In particular, the Overall Site Plan, Item 4-11-8, contained in the applicant's package dated July 8, 2021, shows that almost the entire parcel seeking a Special Use Permit, and the entire portion of the proposed site for the cell tower and access easement, are wetlands (Exhibit 6). This parcel has a tax value of $1,500, or $252 per acre. Compare that to Telfair Forest and Telfair Summit. According to the New Hanover County Tax records, the improved lots in Telfair Forest have tax values that average about $308,000 and the townhomes in Telfair Summit have tax values that average about $247,000. The notion that property that had value only as a buffer, nature preserve, wetland and conservation area for the two subdivisions, as reflected in its tax value, will somehow not affect the value of those properties with the addition of a 134-foot cell tower that will be visible to the many of the homes in each HOA, is ludicrous. Multiple owners in each HOA will offer testimony that the 134-foot cell tower will substantially injure the value of their properties. Board of Commissioners - August 2, 2021 ITEM: 15- 15 - 5 Special Use Permit Request (521-03) July 19, 2021 Page 6 "[L]ay opinions as to the value of the property are admissible if the witness can show that he has knowledge of the property and some basis for his opinion." Finney v. Finney, 225 N.C.App. 13, 16, 736 S.E.2d 639, 642 (2013) (internal quotation marks omitted). "Unless it affirmatively appears that the owner does not know the market value of his property, it is generally held that he is competent to testify as to its value." Goodson v. Goodson, 145 N.C.App. 356, 361, 551 S.E.2d 200, 204 (2001) (internal quotation marks omitted). "[T]here is no requirement that an owner be familiar with nearby land values in order to testify to the fair market value of his own property." Id. at 361, 551 S.E.2d at 205. "Rather, an owner is deemed to have sufficient knowledge of the price paid [for his land], the rents or other income received, and the possibilities of the land for use, [and] to have a reasonably good idea of what [the land] is worth." Id. (alterations in original) (internal quotation marks omitted). Multiple scholarly journals and publications have found that cell towers substantially injure property values (Exhibit 7). In addition, the use of Valley Brook Road, and particularly the construction of the tower, will substantially injure the road, which both HOAs are required to maintain, without contribution from the applicant. The Impact Study itself states: 1. "[R]esidential properties to the east and the west [Telfair Summit and Telfair Forest] potentially have an adverse visual impact from the tower." (Page 12). 2. "To the south are two parcels identified as open space for the subdivision. The presence of land identified as open space including the subject is a factor of the analysis" (Page 12). As explained above, only one of the parcels south of the subject is owned by the HOAs, the other, though identified as common area/conservation area, is owned by Southeastern Enterprises, Inc. (NHC Tax Parcel ID: R08500-002-114-000). 3 "The elevations of the improved area are higher than the proposed development. A portion of the tower will certainly be visible from some of the properties in this cluster [Telfair Summit]." (Page 16). 4. "The adjacent properties to the east [Telfair Forest] may have a partial view of the tower depending upon the individual tree cover on the respective sites." (Page 16). Board of Commissioners - August 2, 2021 ITEM: 15- 15 - 6 Special Use Permit Request (521-03) July 19, 2021 Page 7 5. "For the residential properties, the visual impact of the tower will be limited to the portion visible above the respective vegetative buffers." (Page 18). 6. "We acknowledge that the proposed 130-foot tower will have a visual impact on the surrounding properties." (Page 19). 7. "Some of the residential properties in the area will have a partial view of the tower, while others will be totally obscured from the tower because of existing vegetation." (Page 19). A resident of Telfair Summit, Ed Pierce, a professional photographer, has taken photos within the two HOAs and superimposed the proposed cell tower in them, similar to the Impact Study, Page 17. (Exhibit 8). These photos show a far more significant visual impact of the proposed cell tower. In addition, it should be noted that all the photos were taken during the summer with the vegetation in full foliage, whereas the visual impact during the winter will be much more significant. The hnpact Study concluded, based upon "Market Research" that cell towers do not substantially injure the value of adjacent and adjoining properties. First, under N.C. law; "You should consider the opinion of an expert witness, but you are not bound by it. In other words, you are not required to accept an expert witness's opinion to the exclusion of the facts and circumstances disclosed by other testimony." N.C.P.I. Civil 101.25 Testimony of Expert Witness. (North Carolina Pattern Jury Instructions for Civil Cases, 2020 Edition). It should be noted that MPB Real Estate, LLC is in Concord, N.C. It was hired by Tom H. Johnson, Jr., the attorney for the applicant. The appraiser and author of the study was Michael P. Berkowitz. He did visit the site according to his report, though how much time he spent in New Hanover County is unknown. He was certainly compensated for his study. You can be assured that if he reached a different conclusion, that it would not have been submitted in support of the application. What is significant is that the study admits what should be common knowledge in New Hanover County: "During our research we observed several towers in and around Wilmington. Most of the towers found were in commercial or industrial areas." (Impact Study, Page 19). Wily? Because they are not in harmony within residential areas and are not allowed in these areas, except through a Special Use Permit. Through research, he identified 16 "comparable towers studied in the area". (Page 20). Of those, only one has a location that is comparable to Telfair ForestlTelfair Summit, identified as `Behind Cypress Village Road". It is the only Board of Commissioners - August 2, 2021 ITEM: 15- 15 - 7 Special Use Permit Request (S21-03) July 19, 2021 Page 8 location shown as purely "Residential" on the chart on Page 19. Three other towers he considered, but rejected, were located on commercial/institutional properties, and two other properties, though near residential areas, were not visible from them. (Page 21) Again, this is evidence that cell towers in New Hanover County are in commercial, industrial, and institutional areas, or if located near residential areas, are not visible from them. Mr. Berkowitz, who I am certain looked long and hard for any examples of cell towers located within and visible from R- 15 subdivisions, found only one, Cypress Village. To the north of Cypress Village is the Immaculate Conception Church. To the south is a mobile home park. The cell tower in question is located behind Cypress Grove on a parcel of land owned by Neverenough, Inc., NHC Tax Parcel ID: R08200-001-031-000, which is zoned I-24NDUSTRIAL DISTRICT. The land use code is "Construction Services and Supplies". (Exhibit 9). The Impact Study admits that "data for the subdivision is limited as only six homes have been sold." (Page 22). There are currently only three tax listings for improved lots in Cypress Village, with an average tax value of $151,200, substantially less than the improved lot values in Telfair Forest and Telfair Summit. (Exhibit 10) Cypress Village is hardly comparable to Telfair Forest/Telfair Summit. First, the cell tower was there in 1999. The first comparable improved lot was sold in March 2021. It is just as likely that the value of all the lots and houses in Cypress Village have been substantially injured as the result of the pre-existing cell tower. The cell tower is located not within what Mr. Berkowitz describes as "open space" between two existing subdivisions, zoned R-15, but rather on a separate parcel of property zoned I-2-INDUSTRIAL DISTRICT. Cypress Village is bordered not by a golf course to the north and an R-15 single family residential subdivision to the south (Sedgley Abbey), but an institutional use to the north, a mobile home park to the south, and an I-2-INDUSTRIAL DISTRICT to the west. What the study lacks is the impact of the value of existing properties in an R-15 subdivision after a cell tower is erected within it. As to the other "comparables", none are within 200 miles of New Hanover County. There is insufficient information to determine whether the cell towers in question were built before or after the subdivision. There is nothing to indicate there are any similarities to the facts before the Commissioners. Board of Commissioners - August 2, 2021 ITEM: 15- 15 - 8 Special Use Permit Request (S21-03) July 19, 2021 Page 9 There is also no evidence that the use is a public necessity. No owners in Telfair Forest or Telfair Summit are complaining about their cell phone, 5G or broadband service. There is no evidence from law enforcement, fire departments or other emergency services of lack of communication in these neighborhoods. CONCLUSION Cell towers in New Hanover County are not located within established neighborhoods zoned R-15, at least where they are visible. Allowing a Special Use Permit for this site will set a dangerous precedent for other established neighborhoods in New Hanover County. This cell tower will substantially injure the value of the properties within these HOAs, is not a public necessity in this area and is not in harmony within the area in which it is to be located. For the foregoing reasons, the HOAs respectfully request the New Hanover County Commissioners deny the Special Use Permit Request. Sincerely, MARSHALL, WILLIAMS & GORHAM, LLP 4 �� 'A � �, Charles D. Meier Enclosures cc. Thomas H. Johnson, Jr. Telfair Summit HOA, Inc. Telfair Forest Homeowners Association, Inc. Board of Commissioners - August 2, 2021 ITEM: 15- 15 - 9 EXHIBIT I Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 1 f BOOK FAut 2 D719 '96 F�� 16 Ff7 3 0� RE,OORr_O & VC?IFIEQ STATE OF NORTH CAROLINA HARY;UEC•' S COUNTY OF NEW HANOVER W u00IL30 AGREEMENT HTA N THIS ROAD AND ENTRANCE MAINTENANCE AGREEMENT entered into this .23 day of aanuary, 1999 by and between TELFAIR SUMMIT BOA, INC. a North Carolina Non -Profit Corporation, TELFAIR SUMMIT, L.L.C., a North Carolina Limited Liability Company and TELFAIR FOREST HOMEOWNER'S ASSOCIATION, INC. a North Carolina Non -Profit Corporation, their successors or assigns: WHEREAS, Telfair Summit BOA, Inc. is the owners association relative to that residential devel ent known Telfair Summit as reflected in Map Book , page Qf,�X of the New Hanover County Registry; and WHEREAS, Telfair Forest Homeowners Association, Inc. is the owners association relative to that residential development known as Telfair Forest as reflected in Map Book 34, Page 359 of the New Hanover County Registry; and WHEREAS, it is the desire and intent of Telfair Summit BOA, Inc., (and any other Homeowner's Association formed from remaining acreage of the Wachovia purchase) and the Telfair Forest Homeowners Association, Inc. for their mutual benefit to maintain that road known as Valley Brook Road from Carolina Beach Road up to but not including the bridgeway over Telfair Creek and entrance as recorded in the above referenced map book and page. NOW, THEREFORE, the parties agree as follows: I. Telfair summit HOA, Inc. and Telfair Forest Homeowner's Association, Inc. shall jointly be liable for the upkeep and maintenance of that private roadway known as Valley Brook Road (as defined); and the entrance way to Telfair Forest. This shall include that common property which benefits both associations, such as landscaped area, walls, entrance gate, water and watering facilities, lighting and electricity for same, curbing, bushes, plants, shrubs, grass and insurance (general and liability). Until such time Telfair Summit HOA (and any future HoA's) assume control, Telfair Summit LLC will be the jointly liable entity. ftLTUri,1 TOO NED ie.. i3ALNES IVL 50,76 Board of Commissioners - August 2, 2021 BOCK PAGE 3 11 0720 2. 'rhe Board o'f Directors for Telfair Summit HOA, Inc. and Telfair Forest Homeowners Association, Inc. shall conduct a joint annual meeting beginning with the calendar year 1998 to establish an annual budget for the upkeep and maintenance of Valley Brook Road to include the entrance way to Telfair Forest and to d e t ermine the pro rats share to be paid by the respective assoc_- i,ations for the upkeep and maintenance of Valley Brook Road (as defined). This road maintenance assessment shal 1 constitute a lien on the collective members of Telfair Summ l t HOA. Inc. and Telfair Forest Homeowner's Association, Inc _ until paid in full. Payments shall be made at such ti m e s the Boards jointly agree. 3. The easement reserved in the deed of dedication for the common areas for- Telfair Forest is to be used only to serve the land that re --mains from the original deed from Wachovia Bank to Southea *E�. tern Enterprises, Inc. (DB 1759 Page 440) Pius the land a c quired from Thomas Wright, October 24. 1996_ No other land sl-ia ll ever be permitted to use the easement across valley B r o ok Road, whether owned or acquired by Telfair Summit L-L C, Southeastern Enterprises, Inc. or any other party. 7 h e original deed contained 50.74 acres, minus approximately 1 S acres for Telfair Forest. The deed from Thomas Wright c ci ntained 3.01 acres. Also incorporated herein are the r r ovisions of Article V. Section 1, and Article vl, Sect i on 1 of the Declaration of Covenants, Conditions, and Restrictions for Telfair Forest that relate to the type of c1e velopment that is provided for. 4_ The Boards w ill discuss the following year's budget, (per #2) prior t o November of the preceding year. The President of Telfair Forest Homeowner's Association, Inc. will chair the meeting. Any deadlock in voting by the above referenced collective Board of Directors shall be resolved by submitting t hie matter to arbitration in accordance with the Uniform Arb i tration Act as set forth in North Carolina General Statute, Section 1-567.1, et sew,. 5_ This agreem a nt is joined in by Southeastern Enterprises, Inc_, the original grantee in the Wachovia and Wright deeds, to express SoutFie astern Enterprises, Inc.'s commitment to abide by the ter ms herein. This Agreement i s entered into this -;2_3 day of January, 1998_ TELFAIR FOREST HOMEOWNERS ASSOCIAT3QN, INC. r- S c r e t a r y CORACTRATE IM SEAL �V��,� ` `'•o't'Fru�s� aT' Board of Commissioners - August 2, 2021 Boar PAGE STATE OF NORTH CAROLINA 1 0 7 2 2 COUNTY OF NEW HANOVER I, V. A • "t AA k 'Y- "&1--i , a Notary Public in and for tState and County aforesaid, hereby certify that hAlvt.0 C. La sa.. personally appeared before me this day and acknowledged that S/he is Secretary of Telfair Forest Homeowners Association, Inc., a North Carolina Non -Profit Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her/him as its Secretary - WITNESS my hand and notarial stamp or seal, this the _i day of January, 1998 - P'-�. Yuiry Public My Commission Expires ' J f j�,OiAF s* B0 ;, STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Y. 4 _^3i 4�r•i - 1�� 1_ a Notary Public in and for the State and County aforesaid, hereby certify that Bertram/ _hurphy personally appeared before me this day and acknowledged that he is Secretary of Southeastern Enterprises, Inc., a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him as its Secretary. WITNESS my hand and notarial stamp or seal, this the 7A_ day of January, 1998. - Notary Public My Commission Expires_ 'PI '!�l91 I Board of Commissioners - August 2, 2021 gQPAGBOO, ryry 11 pZ 23 STATE OF NORTH C ALINA COMITY OF NEW HANOVER I, V . A . Ckvj- , a Notary Public in and for the State and County aforesaid, hereby certify that Lora Morningstar personally appeared before me this day and acknowledged that s/he is Assistant Secretary of Telfair Summit HOA, Inc., a North Carolina Non -Profit Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her as its Assistant Secretary. WITNESS my hand and notarial stamp or seal, this the Z-Z day of January, 1998. Notary Public My Commission Expires „*•,,,. STATE OF NORTH CAROLINA F COUNTY OF NEW HANOVER I, Y • - -C%AF`7- 0L1^J a Natary Public in and fnr the State and County aforesaid, hereby certify that Matthew T. Murphy personally appeared before me this day and acknowledged he is a Manager of Telfair Summit L.L.C., a North Carolina Limited Liability Company and that by authority duly given and as the act of Telfair Summit, L.L.C. executed the foregoing instrument as its Manager. WITNESS my hand and notarial stamp or seal, this the ZL day of January, 1998. Notary Public My Commission Expires: s-! STATE OF N.ORTIi CAROLINA $s' New Ilanoi'cr Counts f � The Fmcgomgl Annacd C'uhrwa,rasl or - a \nary tholar,cs! Public is/ arc sca,Gcd to be cunttl �// 'This t`r. •�..-.. . J. C.. wr 1� aay or [ 5[ �om, rr 1 tlrnl by Ucpu[y Board of Commissioners - August 2, 2021 EXHIBIT 2 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 7 I "ilill q" [PROIj 5 OR " IK I Nt " , ! I nr 2 z B r K3- in 0 210 W LL D cf >i 3 A' LL uu a Q 0 i _j LIJ P 4 r " M'. I n! ypq MI Board of Commissioners - August 2,:2021 EXHIBIT 3 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 9 ;1 z,,-;_ Y /v /til (mil I } z 1 4 11lY �?\ d sH 11 g�g3�6sy'd� •� �¢8 "2# iAl. oa.&9 Ufa gg �J Ei zS blb'3A 9ii91'00 MH 31t1V 6] �Hv C 1 r C� Y� � 9 'AIA �oBoard of Gommi _ 9 �gqd�Ta. n 6 �a n g ee .� � �= d�➢j�Xq -2�r 0 a o � �� • i r �' ¢�i �F f Y POOR y g Ir t EXHIBIT 4 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 11 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER REVENUE STAMPS: $NONE Pt. of R08500-002-027-000 Grantee's Mailing Address DRAWN BY: CALDER S CALDER, Brief Description: 5.G1 Acres ��wm��ma�uMAui)63661 FOR REGISTRA N REGIFER OF DEEDS NEW NRWVER COUNTY, MC . 2006 NOV 16 10,16:54 AM B'K:5106 PG:24-27 FEE:E20.00 IN51PUBT # 2MR66i Telfair Summit HOA 1202 N. Lake Park Blvd., Suite A Carolina Beach, NC 28428 703 Saint Joseph Street, Unit 301, Carolina Beach, NC 28428 otr rh''s deed, made and entered into this, the � day of 2006, by and between Telfair Summit, LLC, a North Carolina Limited Liability Company, the GRANTOR herein; and, Telfair Summit HOA, Inc., the GRANTEE herein. W I T N E S S E T H: That the Grantor, for and in the consideration of the sum of One Dollar and other valuable consideration, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell and convey unto the Grantees in fee simple, that real estate located in the County of New Hanover, State of NORTH CAROLINA, more particularly described as follows: THAT TRACT bordering on valley Brooke Road shown as "COMMON AREA" and "Phase 7 Telfair Summit Townhouses 5.61 acres +/-" on that plat recorded in Map Book 45 at Page 182 in the New Hanover County Registry, and as generally shown as a crosshatched area on that copy of the said plat attached hereto as Exhibit A. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantee in fee simple. 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 the title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2006 ad valorem taxes; and all applicable restrictive covenants and utility easements of record. RETURN TO: CALDER & CALBoRI'gL"l(ONR9issioneRAWALWg#)g-,DAV# CA1DEFi. ATTORNEYS ITEM: 15- 16 - 12 The undersigned warranty and covenant that they hold the position so stated, and have the power, right and authority to execute this conveyance for the Grantor herein. In witness whereof, the Grantor has caused this document to be executed with all due authority by its duly empowered Partner this the day and year first above written. Tel£air Summit, LLC By: SOUTHEASTERN ENTERPRISES, INC., Member/Manger By: �.F 4 Its: Member/Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ' e� a-mkE I, a Notary Public of the County and State aforesaid, certify that Matthew T. Murphy, President of Southeastern Enterprises, Inc. Member/Manager of Telfair Summit, LLC personally appeared before me this day, having been identified by a driver's license or other photographic identification, and acknowledged the voluntary execution of the foregoing instrument for the purposes contained therein and in the capacity indicated. Witness my hand and official stamp or seal, this the fb day of^=.ebe=, 2006. Mowa�+.�ir MMN SMW liDlveY C I ad Couhr Na ary Public ode or ism,A q ►r�' nt. Sft" c MY°^ Typed or printed name My Commission Expires: to Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 13 i m0� r•�� '•; e�Da Wye4 �WW' c ° FX O y � Z v; ITEM: 15— 16 — 1 EXHIBIT 5 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 15 STATE OF NORT13 CAROLINA COUNTY OF NEW HANOVER REVENUE STAMPS: $NONE 4' Pt. of R08500-002-027-000 Grantee's Mailing Address: DRAWN BY: CALDER & CALDER, Brief Description: 5.94 Acres INNI �� I Ull ill I�4 U�I `I t! � �IEII I�� ltk i��l 2006053660 FOR REGISTRATION REGISTER OF DEEDS REBECCA NEW IWNQ ERPCOUNTYH NC 2006 ilV 16 10: 16:54 AM BK:5106 K:20-23 FEE120.00 INSIREff 1V96369 NON-T APJU 1l'Y DEED Southeastern Enterprises, Inc. 1202 N. Lake Park Blvd., Suite A Carolina Beach, NC 2842E 703 Saint Joseph Street, Unit 301, Carolina Beach, NC 28428 i�o+tit�1�'s deed, made and entered into this, the day of OG-+- `�, 2006, }ay and between Telfair Summit, LLC, a North Carolina Limited Liability Company, the GRANTOR herein; and, Southeastern Enterprises, Inc., the GRANTEE herein. W I T% E S S E T S: That the Grantor, for and in the consideration of the sum of One Dollar and other valuable consideration, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell and convey unto the Grantees in fee simple, that real estate located in the County of New Hanover, State of NORTH CAROLINA, more particularly described as follows: THOSE TRACTS bordering on galley Brooke Road shown as 5.94 acres Future Development and Common Area - Conservation Area on that plat recorded in Map Book 45 at Page 182 in the New Hanover County Registry, and as generally shown as crosshatched are on that copy of the said plat attached hereto as Exhibit A. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantee in fee simple. 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 the title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2006 ad valorem taxes; and all applicable restrictive covenants and utility easements of record. RETURN TO: CALDER & CALDERd&J%"NpnMiSSi XrJr%Y--: AfigIDERA @.®PEER, ATTORNEYS ITEM: 15- 16 - 16 The undersigned warranty and covenant that they hold the position so stated, and have the power, right and authority to execute this conveyance for the Grantor herein. In witness whereof, the Grantor has caused this document to be executed with all due authority by its duly empowered Partner this the day and year first above written. Telf'air Summit, LLC By: E Z�= Matthew T .. Murp � Its: Fj, Lmm V, STATE OF NORTH CAROLINA C9-+i1Z4WA1110)43�1040 I, INa�-la- S1'-'"C.. a Notary Public of the County and State aforesaid, certify that Matthew T. Murphy of Tel:fair Summit, LLC personally appeared before ape this day, having been identified by a driver's license or other photographic identification, and acknowledged the voluntary execution of the foregoing instrument for the purposes contained therein and in the capacity indicated. Witness my clay of "-ales, M1/M IK" Ndmw R61C Per4w County am of"Mm Comm bPk �ns.101t hand and official stamp or seal, this the �+�+ 9nn�; q2�& YX, Notary Public lYLajnLaS Typed or printed name N,y Commission Expires: V�t.�Z+nll Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 17 Y '-� 4 I I � y ��➢1. �w� Cl �`e•,4,. `~� �� til��L L& L MCP-"iikF�� ' r�ifd��i: ,i yg ci ? �p��t` 6'rey� a "i � � ^ s.�i ��•�c�� ; �\�L. rah I CI r� r � a it� jit14 S sm it„Ii fi134�aF `�ig � � � i��1s�4i �'•e�pr'�� S ��5 • � �r �$.�3X ` r � r" I 2ga�7F7�j�e S I tIra a 1, &1 � i OA I e 4E, qq v g O Y 'y r) e 5� - rM k �-1 I I Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 18 EXHIBIT 6 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 19 h oR y _ 0 $ o a wz m o Mz z J Z wa u� o �- Ed d< o UO Q z ° a o LU w U Z Q z C, u.l h , O c*I N ~ Oa w Z/? O © c �v a— W C7w x p z _ pQ ar ui2 m0 z a 0 U INIINIINNYNlNN� zz Q w 4 a � r"i — w o =CJiu9 W Z. D$zrc wR.. FQrco c zy:vO p U z x V it '• c� CC4 Wg a w'2< . U rj p "nmINnlln.0 Q Q q Urc CS 11 a d m � V Ka _ wz J a U o U .++ Q o Z y a 22 ZL Q i i + 2 + + a r a 755E u � a " U0 a�a 0 r a + i 1 # 2 U W a O a 0LE r l 1 m + + T a+ + Z Z U 0 4 U� i Ol ♦�+ is # i �° 4 a �a wif � w iU Q5 ac >a 0�� V =� 0 OO= UD C1Ed Z j = O t 1 00 V Uo Ux z Amz rcs li# i# i p• a Oz V d o# i 0g �wy < M1 ♦ w� K pUu� .i w7 a �>"' V U 5 a a� 0 #W ZQ$ d2 ,��„ + Z IM1s arcRq + a x! 2 m +� U Z U J%J W 0 ?wZ; .♦ w, U aQ p i i ♦ # ;N.4.a 20 5® w z + # +♦ + zLL 00 to ..i 2 N LL Z lu \a \� L53a 1�t O�+ p0"—' 3 z aw O to � � � z z U Z D O 4 gQ U =p W W a Q r � �n o V W — z O 6 6 Z p 1 0 awZ �m U 0 Z N W n0 c v o +00 Z B d of Commissioners - August 21 :g2fr LL ITEM: 15- 16 - 20 co N . O N i f6 O m QI C c m _ CL EXHIBIT 7 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 21 Fact Sheet: Cell Towers Create Significant Decline in Property Value STUDIES HAVE DOCUMENTED THE DETRIMENTAL EFFECTS OF CELL TOWERS ON PROPERTY VALUES: 1. A survey study by the National Institute for Science, Law {& Public Policy, June 2014, "Neighborhood Cell Towers & Antennas -Do They Impact a Property's Desirability?" found that: • 94% of home buyers and renters are less interested and would pay less for a property located near a cell tower or antenna 79% said that under no circumstances would they ever purchase or rent a property within a few blocks of a cell tower or antennas 90% said they were concerned about the increasing number of cell towers and antennas in residential neighborhoods. • Betsy Lehrfeld, an attorney and Executive Director of NISLAPP says: "The proliferation of this irradiating infrastructure throughout our country would never have occurred in the first place had Section 704 of the Telecommunications Act of 1996 not prohibited state and local governments from regulating the placement of wireless facilities on health or environmental grounds. The federal preemption leaves us in a situation today where Americans are clearly concerned about risks from antennas and towers, some face cognitive and physical health consequences, yet they and their families increasingly have no choice but to endure these exposures, while watching their real property valuations decline." 2. The Appraisal Institute, the largest global professional membership organization for appraisers with 91 chapters throughout the world, has focused on the issue of cell towers and the fair market value of a home and educated its members that a cell tower should, in fact, cause a decrease in home value. The definitive work on this subject was done by Dr. Sandy Bond, who concluded that "media attention to the potential health hazards of [cellular phone towers and antennas] has spread concerns among the public, resulting in increased resistance" to sites near those towers. Percentage decreases mentioned in the study range from 2 to 20% with the percentage moving toward the higher range the closer the property. 1 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 22 Fact Sheet: Cell Towers Create Significant Decline in Property Value A. "The Effect of Distance to Cell Phone Towers on House Prices in Florida" 2007. The Appraisal Journal, found that. - In terms of the effect that proximity to a tower has on price, the overall results indicate that this is statistically significant and negative. Generally, the closer a property is to the tower, the greater the decrease in price. The effect of proximity to a tower reduces price by 15% on average. B. "The Impact of Cell Phone Towers on House Prices in Residential Neighborhoods" 2005. The Appraisal Journal, found that: • People generally expect to pay 10% to over 20% less for a home located near a cell tower, and • Actual prices were reduced by 21 % after a cell tower was built in a neighborhood. • "Even buyers who believe that there are no adverse health affects from cell phone base stations, knowing that other potential buyers might think the reverse, will probably seek a price discount for a property located near a cell phone base station." 3. Ermanno Affuso & J. Reid Cummings & Huubinh Le, 2018. "Wireless Towers and Home Values: An Alternative Valuation Approach Using a Spatial ,Econometric Analysis, "The Journal of Real Estate Finance and Economics, Springer, vol. 56(4), pages 653-676, concluded that: • For properties located within 0.72 kilometers (45 miles) of the closest tower, results reveal significant social welfare costs with values declining 2.46% on average, and up to 9.78% for homes within tower visibility range compared to homes outside tower visibility range; in aggregate, properties within the 0.72- kilometer band lose over $24 million dollars. 4. Stephen L. Locke and Glenn C. Blomquist, 2016 "The Cost of Convenience: Estimating the Impact of Communication Antennas on ,Residential Property", Land Economics • February 2016 • 92 (1): 131-147 found that: • The best estimate of the impact is that a property with a visible antenna located 1,000 feet away sells for 1.82% ($3,342) less than a similar property located 4,500 feet away. The aggregate impact is $10.0 million for properties located within 1,000 feet. ►: Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 23 Fact Sheet: Cell Towers Create Significant Decline in Property Value Real Estate Professionals Agree About the Negative Impact of Cell Towers on Property Values Professional Appraisers 1. A paper submitted by the Burgoyne Appraisal Company 2017. "Impact of Communication Towers and Equipment on Nearby Property Values", notes in the Executive Summary: • Aesthetics will have a significant impact on property values. • Therefore, a tower and associated equipment and structures would have a negative impact on property values 2. The Impact Study -Cell Tower, Valley Brook Road, by Michael P. Berkowitz, 2021. In his assessment of the potential impact of a cell tower located between Telfair Forest and Telfair Summit, while concluding that the proposed cell tower is in harmony with the area in which it is to be located and that it will not "substantially" injure the abutting land, notes on page 12: • "... the residential properties to the east (Telfair Summit) and west Telfair Forest) potentially have an adverse visual impact from the tower". [Italics Added} • "The adjacent properties to the east (Telfair Forest) may have a partial view of the tower..." [Italics Added]. "... the subject is encumbered with floodplain and has a significant portion identified as wetlands." Note: The studies cited above are available in electronic form from the author of this review. The Impact Study, cited immediately above, is part of the Special Use Permit Application for the Valley Brook Road Cell Tower. 3 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 24 EXHIBIT 8 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 25 rJ k �r- 1 ,►i, awe �r ��.' ' , d � _. },,, � �� Jul �-�� •, } � �' '�a �" r 1 "i� � • f^ � Ak i `� ' ,�;,, �.� � �: fir;..., .,i , �.- �►� ' , - i � � NO "�+fs � •f .fit � ` Y�-Or 40 and o Commissioners - A ' st 2, 2021 { ` . C, I'PV -a ITEM: 15- 16 - 26 • 4 + s: � bp'7�s+� `• � •-jay, ?Y. . l T~ ��i�"� . r• X� a . } i� l} . 7• Y i T " r ilt,s. p• y i r•r /� � J.\ � S • � •�` KR^lam �� ,. r �• r " ,i• -yR• `r �rS�irS .Qy 4 �., �, 4 J. J^r� T J�. •�d� .* �.7_ •r � •�'(lr ��, 4; !ir ,1: � .{`�•� .• ��.. - r'1'M ;� /r ��fr� •�t••S.f' `• ' �rM:� S N' . ?;`� i" .�a ' i!,r �rµ "`� -- a + t _ P� Z •_ � ^„fir' Y r s ��'.?-'.5�. t w`. • , � as r •e�'r' I'•_r. 'e r.n .r s r• �� 1 e t �r , '' 9v r n,� � . Via•• `� , �ir� r � i. '' ' . 1 � p � t - `�i a. •j e .r !k ° r ffm 4 Zv� Ilk, V, mmissioners - Augj. ITEM: 15- 167-35 I w. - T." JF7 M�Q ��ra r ,' t ram".•.. s � � �4 � onr,p 3` V. IL s„ yet •I . .♦ - CfJf `. 4 �,".��{` i�'`t'�i: ' � `a 1. ,��i Rom. .fir: � •t '`�,��`.�� ' `_� P, I1. 4 zk" A. r a'ht P' `VAL f NM jA 4 elf fIrJ�rrr{r �, J�red�jfd✓ rf1{1• rrrrN trdr !f err i hlr !I•iJ, rl. 'i lf1/ SAM - Bil�r. I r r t� t �'d r• �+�.�' _ i" r' r fr � f ter �' ` . L � {� .. d� � i�) � /•"_� a � _ ,. ��` y, �. •Jib 7� `_ y i7 .t •� 1�Jl�ir ga:: r y. :.M o+ l'tRr' y , 1 , ,'jR �• , it ` � +rr,',. } sI Jew ...k ry�t �l T; \ �, •.�� _7r _,fir i ,•�{, `I i'.:1+�'+��- � c��,,, 4, 1�,,,jf r � 1t-��;� r y�yi'!! � •' ��1� .ry - . 1. EXHIBIT 9 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 43 7/19/2021 New Hanover County PARID; R08200-001-031-000 NEVERENOUGH INC 6736 CAROLINA BEACH RD Parcel Alt ID 313210.36,0057.000 Address 6736 CAROLINA BEACH RD Unit City WILMINGTON Zip Code - Neighborhood CBCB6 Class COM-Commercial Land Use Code 241-Construction Services and Supplies Living Units Acres 4.57 Zoning 1-2-INDUSTRIAL DISTRICT Legal Legal Description PT KEYES Tax District FD Owners (On January1st) Owner NEVERENOUGH INC City WILMINGTON State NC Country Zip 28409 THE DATA IS FROM 2021 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 44 hnnsJletax.nhranv_comlntlDataletsiPrintDatalet_asnx?nin=R08200-001-031-000&asD=PROFILEALL&laxvear-2021&iur=NH&ownsea=0&card=l&roll=___ 111 EXHIBIT 10 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 45 7/19/2021 New Hanover County PARID: R08200-001-375-000 MARTIN DELAIN Values Year Total Land Total Buildings Appraised Total 781 CYPRESS VILLAGE PL 2021 $69,200 $87,700 $156,900 MARKET VALUE SHOWN - EXEMPTIONS TO BE REFLECTED IN AUG BILLS THE DATA IS FROM 2021 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 46 https://elax.nhc.qov.corn/pUDatalets/PriniDatalet.asDx?pin=R08200-001-375-000&qsp=VALU ESALL&taxyear--2021 &jur-NH&ownseq=0&card=l &roll=... 111 7/19/2021 New Hanover County PARID: R08200-001-374-000 SPLICHAL MITCHELL J Values Year Total Land Total Buildings Appraised Total 777 CYPRESS VILLAGE PL 2021 $67,500 $73,800 $141,300 MARKET VALUE SHOWN - EXEMPTIONS TO BE REFLECTED IN AUG BILLS THE DATA IS FROM 2021 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 47 https://etax.nhcgay.com/pt/Datalets/PrintDatalet.aspx?pin=RO8200-001-374-000&gsp=VALU ESALL&taxyear-2021 &jur--N H&ownseq=0&card=1 &roll=... 1/1 7119/2021 New Hanover County PARID: R08200-001-373-000 SEWERT MICHAEL JR ETAL Values Year Total Land Total Buildings Appraised Total 773 CYPRESS VILLAGE PL 2021 $68,600 $86,800 $155,400 MARKET VALUE SHOWN - EXEMPTIONS TO BE REFLECTED IN AUG BILLS THE DATA IS FROM 2021 Board of Commissioners - August 2, 2021 ITEM: 15- 16 - 48 httos:lleiax.nhcaov.comlntlDataletslPrintDatalet.asox?oin=R08200-001-373-000&asn=VALUESALL&taxvaar=2021&iur--NH&ownsao=0&carrl=l&mll ill