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Agenda 2021 09-07NEW 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 SEPTEMBER 7, 2021 4:00 PM PLEASE NOTE: According to New Hanover County's Administrative Policy for Face Coverings on County Property, individuals from the public who participate in indoor meetings of the Board of Commissioners, Planning Board, Health and Human Services Board, Board of Elections, or any other county board or committee are required to wear face coverings, and exemptions will not be recognized. I ndividuals who attend without a face covering will be offered a face covering. If they refuse to wear a face covering, they will not be allowed to attend the meeting in person but will be able to view/listen to the meeting remotely. The live meeting will be available on NHCTV.com and NHCTV's cable stations: Spectrum channel 13 and Charter channel 5. Meeting videos are also available after the meeting on demand on NHCTV.com. For public hearing or non -agenda public comments: For the upcoming New Hanover County Board of Commissioners meeting, individuals can submit public comments in advance to comments@nhcgov.com (noting the board name in the subject line) by September 6, 2021 at 12 pm. Written comments will be provided to the board and the board chair will acknowledge receipt during the public hearing and submit comments into the record during the public hearing and/or public comment period. MEETI NG CALLED TO ORDER (Chair Julia Olson-Boseman) I NVOCATI ON (Reverend Shawn Blackwelder, St. Paul's United Methodist Church) PLEDGE OF ALLEGIANCE (Vice -Chair Deb Hays) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Constitution Week Proclamation 3. Adoption of Hispanic Heritage Month Proclamation 4. Adoption of Budget Amendments ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 5. Presentation of New Hanover County's First Employee Stellar Award for Equity 10 6. American Rescue Plan Act Framework Update Board of Commissioners - September 7, 2021 10 7. Public Hearing and Consideration of Assessment Resolution and Budget Amendment for William Louis Drive Road I mprovement Project 40 8. Public Hearing Rezoning Request (Z21-10) - Request by Design Solutions, Applicant on Behalf of the Property Owners, Sanjeev B. & H ita S. Badhiwala to Rezone Approximately 1.50 Acres of Land Located at 7578 Carolina Beach Road from R- 15, Residential Districtto (CZD) RMF-M, Conditional Residential Multi -Family Moderate Density District, in Order to Develop a 16-Unit Townhome Development PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 9. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Professionalism - Equity- Integrity - Innovation - Stewardship - Accountability Board of Commissioners - September 7, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/7/2021 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: Agenda Review held on August 19, 2021 Regular Meeting held on August 23, 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 - September 7, 2021 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/7/2021 Consent DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Mary Busbee, Stamp Defiance Chapter, NSDAR SUBJECT: Adoption of Constitution Week Proclamation BRIEF SUMMARY. Mary Busbee from the Stamp Defiance Chapter of the National Society Daughters of the American Revolution has requested the board recognize September 17-23, 2021 as Constitution Week in New Hanover County. If adopted, the proclamation will be mailed to Ms. Busbee. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Constitution Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - September 7, 2021 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSTITUTION WEEK 2021 PROCLAMATION WHEREAS, September 17, 2021 marks the two hundred and thirty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention, and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 17 through 23, 2021 be recognized as "Constitution Week" in New Hanover County and that citizens are asked to reaffirm the ideals the Framers of the Constitution had in 1787. ADOPTED this the 7t" day of September, 2021. NEW HANOVER COUNTY Julia Olson-Boseman, Chair I_TV11:1.111 Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 7, 2021 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/7/2021 Consent DEPARTMENT: Diversity & PRESENTER(S): Marimer McKenzie, Diversity & Equity Coordinator and a Member Equity of Latino Alliance CONTACT(S): Linda Thompson, Chief Diversity & Equity Officer SUBJECT: Adoption of Hispanic Heritage Month Proclamation BRIEF SUMMARY: The Latino Alliance submitted a proclamation to recognize September 15 - October 15, 2021 as Hispanic Heritage Month in New Hanover County to honor and celebrate the many ways Hispanic Americans contribute to our community, state and nation. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Proclamation in English Proclamation in Spanish COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - September 7, 2021 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS HISPANIC HERITAGE MONTH PROCLAMATION WHEREAS, Hispanic Heritage Month is a time to honor and celebrate the many ways Hispanic Americans contribute to the success of our nation, our state and New Hanover County; and WHEREAS, Hispanics are justly proud of their rich and diverse cultural heritage, having made positive contributions to the social, artistic, linguistic, and intellectual aspects of our community; and WHEREAS, generations of proud, hardworking, enterprising Hispanic Americans have contributed to and have strengthened New Hanover County, with countless achievements, and their abiding values in the home and family; and WHEREAS, Hispanics increasingly impact the political, economic, and social growth of our community and state; and WHEREAS, as we observe Hispanic Heritage Month, the county encourages all members of our community to recognize the accomplishments and contributions of our Latinx community and the importance of social justice and fair representation for the Latinx community in all aspects of county life and experience. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 15 — October 15, 2021 will be recognized as "Hispanic Heritage Month" in New Hanover County. Residents are encouraged to honor the rich diversity of the Hispanic community and celebrate the many ways they contribute to our nation and society. ADOPTED this the 71h day of September, 2021. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 7, 2021 ITEM: 3 - 1 - 1 JUNTA DE COMISIONADOS DEL CONDADO DE NEW HANOVER PROCLAMACION DEL MES DE LA HERENCIA HISPANA CONSIDERANDO, que el Mes de la Herencia Hispana es un momento para honrar y celebrar las muchas formas en que los hispanoamericanos contribuyen al exito de nuestra nacion, nuestro estado y el condado de New Hanover; y CONSIDERANDO, que los hispanos estan justamente orgullosos de su rica y diversa herencia cultural, habiendo hecho contribuciones positivas a los aspectos sociales, artisticos, linguisticos e intelectuales de nuestra comunidad; y CONSIDERANDO, que generaciones de hispanoamericanos orgullosos, trabajadores y emprendedores han contribuido y han fortalecido el Condado de New Hanover, con innumerables logros, y sus valores permanentes en el hogar y la familia; y CONSIDERANDO, que los hispanos impactan cada vez mas el crecimiento politico, economico y social de nuestra comunidad y estado; y CONSIDERANDO, que, al observar el Mes de la Herencia Hispana, la comunidad alienta a todos los miembros de nuestra comunidad a reconocer los logros y contribuciones de nuestra comunidad Latina y la importancia de la justicia social y la representacion justa para la comunidad Latina en todos los aspectos de la vida y experiencia. AHORA, POR LO TANTO, SEA PROCLAMADO por la Junta de Comisionados del Condado de New Hanover que del 15 de septiembre al 15 de octubre del 2021 sera reconocido como el "Mes de la Herencia Hispana" en el Condado de New Hanover. Se alienta a los residentes a honrar la rica diversidad de la comunidad hispana y celebrar las muchas formas en que contribuyen a nuestra nacion y sociedad. ADOPTADO este dia 7de septiembre de 2021. CONDADO DE NEW HANOVER Julia Olson-Boseman, Silla ATESTIGUAR: Kymberleigh G. Crowell, secretaria de la Junta Board of Commissioners - September 7, 2021 ITEM: 3 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/7/2021 Consent DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2022: Environmental Management 22-005 Social Services 22-004 STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: 22-005 22-004 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - September 7, 2021 ITEM: 4 AGENDA: September 7, 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): Continuous focus on the customer experience Fund: Landfill Northern Property Closure Department: Environmental Management Expenditure: Decrease Increase Total BA 22-005 Capital Project Expense $ 207,461 $ 207,461 BA 22-005 Capital Project Expense $ 296,908 $ 296,908 Total $ $ 504,369 JIS 504,369 Revenue: Decrease Increase Total BA 22-005 Transfer In from Capital Project $ 273,570 $ 273,570 BA 22-005 Interest on Investments I $ 230,799 JIS 230,799 Total $ $ 504,369 11 $ 504,369 Fund: Landfill Leachate Treatment Department: Environmental Management E enditure: I Decrease Increase 11 Total BA 22-005 Transfer to Capital Project Funds I $ 77,405 $ 77,405 Total 1 $ $ 77,405 $ 77,405 Revenue: Decrease Increase 11 Total BA 22-005 Interest on Investments $ 77,405 11 $ 77,405 Total $ $ 77,405 $ 77,405 Fund: Landfill Southern Property Construction Department: Environmental Management Expenditure: Decrease I Increase 11 Total BA 22-005 Transfer to Capital Project I $ 196,16511S 196,165 Total $ $ 196,165 $ 196,165 Revenue: Decrease Increase Total BA 22-005 Interest on Investments $ 196,165 $ 196,165 Total $ $ 196,165 Is 1969165 Prior to Total if Actions Taken Actions Toda Departmental Budget $ 29,171,667 $ 29,171,667 Section 2: Explanation BA 22-005 is to utilize interest revenues from three funds to increase the expenditures in the Landfill Northern Property Closure Fund as required for a contract change order to allow stormwater control and leachate piping modifications needed for the final closure project currently under way on the landfill's northern property. 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) 22-005 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 7th day of September, 2021. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 7, 2021 ITEM: 4 - 1 - 1 AGENDA: September 7, 2021 NEW HANOVER COUNTY BOARD OF C 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: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Social Services Ex enditure: Decrease Increase Total BA 22-004 CARES Act Funding, Public Law 116-136 $ 34,112 $ 34,112 Total S $ 34,112 $ 34,112 Revenue: Decrease Increase Total BA 22-004 CARES Act Funding, Public Law 116-136 $ 34,112 $ 34,112 Total S $ 34,112 $ 34,112 Prior to Total if Actions Actions Toda Taken Departmental Budget $ 42 895 247 $ 42,9 359 Section 2: Explanation BA 22-004 The Department of Social Services was awarded $34,112 on August 9, 2021. The Coronavirus Aid, Relief and Economic Security (CARES) Act provides emergency funding to respond to COVID-19. It is designed to support child welfare agencies in the prevention, preparation and response to the needs of children and families impacted by the child welfare system and the coronavirus pandemic. North Carolina was awarded these supplemental funds by Administration for Children and Families (ACF). Each county social services agency was awarded a portion of this supplemental funding based on the population of children in foster care. These funds must be used to ensure the safety, permanency, and wellbeing of children and families involved in child welfare during the coronavirus pandemic. New Hanover County Department of Health and Human Services will focus purchasing efforts to: enhance agency telecommunications hardware, software and service infrastructure to support telework and remote participation by agency employees in caseworker visits, child and family meetings, court hearings and access to other needed services; purchase Personal Protective Equipment (PPE) for child welfare workers in efforts to minimize exposure when conducting visits; provide assistance to families (purchasing food or arranging for food delivery, obtaining household supplies, or paying utilities and rent) when a family is unable to access other pandemic -related assistance. The agency will ensure that assistance is not duplicative of any other aid provided by the CARES Actor other COVID-19 legislation; and identify, secure, staff and monitor emergency placements for children in foster care who have been exposed to the coronavirus. Funds can be used to replace county only expenditures not claimed for reimbursement to prevent, prepare for, and respond to COVID-19 prior to the effective date of the award, beginning January20, 2020. The use of county allocated funds must be for expenses obligated or paid by September 30, 2021. There is no county match. 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) 22-004 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 7th day of September, 2021. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 7, 2021 ITEM: 4 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/7/2021 Regular DEPARTMENT: Strategy PRESENTER(S): Vice -Chair Deb Hays CONTACT(S): Jennifer Rigby, Chief Strategy Officer and Bo Dean, Sr. Human Resources Analyst SUBJECT: Presentation of New Hanover County's First Employee Stellar Award for Equity BRIEF SUMMARY: In late April, a New Hanover County employee suggested at a regularly scheduled Town Hall that principles of diversity and equity be intentionally included in the New Hanover County Strategic Plan. The Office of Strategy worked closely with the Office of Diversity and Equity to provide recommended updates to the New Hanover County Strategic Plan. These updates were adopted by the Board of County Commissioners in June 2021. These updates included elements focused on internal business practices and organizational capacity, and an additional shared value, equity. New Hanover County recognition efforts are closely aligned with our shared values and so a New Hanover County Stellar Award has been created for the shared value of equity. Vice -Chair Deb Hays has nominated our first Stellar Award for equity and will present this to the receiving employee. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Present and recognize employee. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present award and recognize employee. COMMISSIONERS' ACTIONS: Presented award and recognized employee. Board of Commissioners - September 7, 2021 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/7/2021 Regular DEPARTMENT: Finance PRESENTER(S): Tim Buckland, Intergovernmental Affairs Manager CONTACT(S): Tim Buckland and Lisa Wurtzbacher, Chief Financial Officer SUBJECT: American Rescue Plan Act Framework Update BRIEF SUMMARY: New Hanover County was awarded $45,543,632 and received the first half of its American Rescue Plan Act (ARPA) funding, or $22,771,816, in May 2021. On June 22, 2021, staff presented an updated framework for the ARPA funding to the Board of County Commissioners (board) and the board approved a budget amendment to appropriate the funds to the ARPA programs. Since that time, staff have continued to refine the plan based on needs that have arrived and further guidance and clarification of the US Department of Treasury (Treasury) Interim Final Guidance. The 60-day comment period on the Interim Final Guidance has closed and the final guidance is still being developed by the Treasury. In keeping with the Interim Final Guidance, the current framework of the ARPA funds is as follows: • Broadband Connectivity - $5,760,000 • Business and Employment Assistance - $4,100,000 • Housing- $3,800,800 • Physical and Mental Health & Education - $6,799,506 • Infrastructure & Emergency Management - $11,336,567 • Essential County Employees - $7,040,040 • Reserve for Program Administration and Future Projects - $6,706,719 Several changes have occurred to the framework presented to the Board on June 22, 2021. Those include 1) addition of a COVI D-19 testing program for county employees to ensure the continuity of county government operations and in line with the county's vaccine policy and 2) the addition of a housing specialist and an emergency rental assistance program manager to assist in the housing needs of the community. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Deliver quality service at the right time RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear the presentation and endorse the updated framework. Board of Commissioners - September 7, 2021 ITEM: 6 ATTACHMENTS: ARPA Framework COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear the presentation and endorse the updated framework. COMMISSIONERS' ACTIONS: Heard the presentation and endorsed the updated framework 5-0. Board of Commissioners - September 7, 2021 ITEM: 6 American Rescue Plan Overview New Hanover County will receive $45,543,632 from the American Rescue Plan, which was signed into law by President Biden on March 11. The funds must be obligated by Dec. 31, 2024, and New Hanover County has developed a draft framework to utilize these funds over the next three years to strengthen our community. The Board of Commissioners approved the initial framework at its April 5 board meeting. This framework reflects an updated staff recommendation following the May 11 release of Treasury's Rules and Guidance for the funds. Broadband Connectivity - $5,760,000 The Congressional language permits using the funds for broadband purposes, so the county proposes the following: Broadband Access: A program to connect around 8,000 homes to broadband, focusing on households with children who qualify for Medicaid or Food and Nutrition benefits, for two years in order to increase access and affordability to reliable high-speed internet for students and families. ($5,760,000) Business and Employment Assistance - $4,100,000 The legislation allows for assistance to businesses and nonprofits. New Hanover County's leisure and hospitality sectors were particularly hard hit during the pandemic and the county proposes using funds for the following: Business Assistance: Business grants, scaled in size based on a business' number of employees, focused on the retail, service, leisure and hospitality sectors and child care facilities. ($2,500,000) Nonprofit Assistance: Grants to nonprofits that have been negatively impacted and were not able to continue operations at some point during the pandemic. ($700,000) Job Training: Two jobs programs, to be administered in partnership with Step Up Wilmington, to include a six -week paid job training and placement program for up to 200 people with a particular focus on the local film industry, and a six-month paid internship and job placement for an additional 10 to 20 people to develop long-term skills and employment. Includes administrative expenses equaling 5 percent of the programs' cost. ($900,000) Housing - $3,800,800 The legislation allows assistance to households who have been impacted by the COVID-19 pandemic, so the county proposes to use funds for the following: Mortgage Assistance: Provide assistance to homeowners who are in arrears on mortgages because of impacts from COVID-19. This would be in addition to the $7 million Emergency Rental Assistance Program that is currently underway through the county. ($3,000,000) Workforce Rental Housing Assistance: A pilot project to provide residents who qualify under workforce housing guidelines — 60 percent to 120 percent of area median income — by providing direct payments to landlords. ($600,000) Board of Commissioners - September 7, 2021 Updated Aug. 27, 2021 ITEM: 6 - 1 - 1 Housing Specialist (NEW): A position at the Department of Social Services to provide counseling around housing. ($100,800) Emergency Rental Assistance Program Manager (NEW): A position at the Department of Social Services to manage the ERAP program. ($100,000) Physical and Mental Health - $6,799,506 The well-being and mental health of children, students and seniors suffered during the pandemic and the legislation allows local governments to use funds to mitigate the public health impact of the pandemic. The county proposes to use funds as outlined below to help address these issues and provide long-term positive impacts. With the exception of the infant and toddler initiatives, the intention is to fold the services into the county's continuation budget beginning in Fiscal Year 2023-24. Mental Health in Schools: Ensure access at each public school to mental health counselors through the county's Health and Human Services Department. ($3,156,039) Mental Health for Seniors: Establish mental health counselors and a mobile health outreach team based at the Senior Resource Center to serve our county's older adults. ($332,215) Virtual Outreach Position: Based at the Senior Resource Center, the position develops and maintains virtual programs for the SRC, which allows broader reach and service delivery. ($86,406) School Nurses: Reclassify two school nurses into school nurse leads and provide one school nurse supervisor through the county's Health and Human Services Department, in addition to the school nurses that the county already provides at each school. ($211,892) Afterschool Transportation: Providing New Hanover County Schools students with transportation needs for afterschool and tutoring programs ($1,200,000) Health Educator: A health educator position. ($136,670) Senior Resource Center: A congregate site in southern New Hanover County for the Senior Resource Center for meal distribution and social interaction. It also provides for enhanced meal distribution at the SRC's existing sites. ($436,790) Senior Resource Center: To cover the costs of providing transportation to seniors for two years. ($247,500) Infant and Toddler Mental Health: Provide two years of recovery -related mental health services for families with infants and toddlers through five county staff positions at Health and Human Services. ($891,994) Mental Health Scholarships: Provide 10 scholarships for students to receive degrees or certifications in childhood mental health, with the program administered by Smart Start. ($100,000) Infrastructure and Emergency Management - $11,336,567 Congressional language explicitly allows the American Rescue Plan allocations for water and sewer projects. Given Emergency Management's role in the pandemic, it appears eligible for funding as well. The county proposes to use funds in the following ways: Board of Commissioners - September 7, 2021 Updated Aug. 27, 2021 ITEM: 6 - 1 - 2 Stormwater Services: Cover and pay for stormwater utility costs, not including debt and reserve funds, in the unincorporated county for fiscal year 2021-22. The county anticipates assessing full fees beginning in fiscal year 2022-23. ($3,017,567) Water & Sewer: • Future water and sewer extensions to aid in responsible growth and support the creation of affordable housing in New Hanover County. The intention is to lower development costs to provide affordable housing. ($3,535,000) • Bill assistance program ($500,000) • Blue Clay Business Park water and sewer infrastructure to increase economic development opportunities in this area. ($3,600,000) • To extend water and sewer to Eden Village, which is being established to address chronic homelessness in the community. ($250,000) Homeless Sheltering: Reimburse nonprofits that provided non -congregate sheltering during the pandemic and were denied reimbursements from FEMA. ($370,000) Personal Protective Equipment: Replenish the county's PPE stock to ensure adequate supplies for any future needs. ($64,000) Essential County Employees - $7,040,040 The American Rescue Plan allows for "premium pay" for public employees who provided essential government services and for testing of the coronavirus, so the county is proposing to use funds in the following ways: Employee Pay: • Provide employee premium pay in fixed dollar amounts based on an employee's length of service during the pandemic and full- or part-time status. This is in recognition of county staff who have remained on the frontlines, continued important public services, and ensured residents received the help they needed at a time when it was critical. ($5,253,023) • Provide additional premium pay for employees working directly in the vaccine response to compensate them for their dedication, long hours and constant work in vaccinating our community and saving lives. ($331,017) Testing (NEW): • To provide weekly tests for unvaccinated employees ($1,456,000) Reserve and Administration - $6,706,719 The legislation appears to allow the county to set aside funds as a reserve for potential future allowable expenses as well as funds to administer and provide reports as needed on the use of the funds. The county proposes the following reserve funds for this purpose: • A reserve fund for future needs. ($4,436,719) • A reserve fund for administration and reporting, established at 5 percent of the total amount received. ($2,270,000) Board of Commissioners - September 7, 2021 Updated Aug. 27, 2021 ITEM: 6 - 1 - 3 Total Amount of Funding Outlined in the County's Plan: $45,543,632 Board of Commissioners - September 7, 2021 Updated Aug. 27, 2021 ITEM: 6 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/7/2021 Regular DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Deputy County Manager CONTACT(S): Tim Burgess and Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Public Hearing and Consideration of Assessment Resolution and Budget Amendment for William Louis Drive Road Improvement Project BRIEF SUMMARY: Property owners of property located on William Louis Drive have petitioned the Board of County Commissioners ("Board") to undertake a project to improve a section of William Louis Drive, from Cheryl Lane to Brandy Court, using the assessment process allowed in North Carolina General Statute Chapter 153A, Article 9 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. The petition satisfies the statutory requirement that it must be "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." At its August 2, 2021 meeting, the Board adopted a preliminary resolution for the special assessment. The preliminary assessment resolution called for 100% of the cost of the project to be assessed to the property owners with the basis for making the assessment being the number of residences and vacant buildable parcels with road frontage and addresses on William Louis Drive at an equal rate per parcel and allowing for an option of paying the assessment in five equal annual installments bearing an interest rate that approximates all costs to administer the installment loans, which equates to 4%. The cost of the improvements is estimated at $47,816. The preliminary resolution called for a public hearing on September 7, 2021 on matters related to this special assessment. Proper public notice has been filed and copies of the preliminary resolution for the special assessment have been mailed to the affected property owners as called for in NCGS 153A, Article 9. A final assessment resolution and budget amendment must be adopted after the public hearing to allow the project and special assessment to move forward. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing and adopt the assessment resolution and budget amendment. ATTACHMENTS: Script Board of Commissioners - September 7, 2021 ITEM: 7 Assessment Resolution Assessment Resolution Attachment A Budget Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing and adopt the assessment resolution and budget amendment. COMMISSIONERS' ACTIONS: Conducted public hearing and adopted the assessment resolution and budget amendment 5-0. Board of Commissioners - September 7, 2021 ITEM: 7 SCRIPT FOR WILLIAM LOTUS DRIVE ASSESSMENT AGENDA ITEM SEPTEMBER 7, 2021 Chair Olsen-Boseman: We will open the public hearing on the William Louis Drive Improvement Assessment. Staff will present information on the Assessment Resolution. Is there a motion to open the public hearing? MOTION: SECOND: VOTE: Staff will now present information on the Assessment Resolution. [Receive Public Comments] Is there a motion to close the public hearing? MOTION: SECOND: VOTE: Is there a motion to approve the Assessment Resolution and the associated budget amendment? MOTION: SECOND: VOTE: Board of Commissioners - September 7, 2021 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ASSESSMENT RESOLUTION WILLIAM LOUIS DRIVE WHEREAS, the owners of property on William Louis Drive have petitioned the Board of Commissioners of the County of New Hanover to undertake a project to improve the residential street William Louis Drive to bring the street up to the standards of the North Carolina Department of Transportation (NC DOT) so that it may become a part of the state maintained system; and WHEREAS, as provided in North Carolina General Statute (NCGS) 153A-205(b) a county may finance the local share of the improvements made under the supervision of Department of Transportation to bring the street up to the standards of Department of Transportation; and WHEREAS, NC DOT 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 the road of William Louis Drive, the section of William Louis Drive located from Cheryl Lane to Brandy Court, as more specifically set forth in Attachment A. 2. One hundred percent (100%) of project costs are to be assessed to the benefited property owners. 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 NCGS 153A-186(a). 4. The assessment herein provided for shall be payable in cash, or if any property owner shall so elect, he shall have the option of paying the assessment in five (5) equal annual installments, said installments to bear interest at a rate of four percent (4%) which approximates all the costs, including opportunity costs, to administer the installment loans and does not exceed the limits imposed by NCGS 153A-200(a). ADOPTED this the 7th day of September, 2021. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 7, 2021 ITEM: 7 - 2 - 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 - September 7, 2021 ITEM: 7 - 3 - 1 'b co 6A) 1p O by cn hfi Cheryl Ln chery) Ln che"i j Board of Commissioners - September 7, 2021 ITEM: 7 - 3 - 2 AGENDA: September 7, 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: Engineering Expenditure: Decrease Increase Total BA 22-006 Engineering $ 50,000 $ 50,000 Total $ - $ 50,000 $ 50,000 Revenue: Decrease Increase Total BA 22-006 Appropriated Fund Balance $ 50,000 $ 50,000 Total $ - $ 50,000 $ 50,000 Prior to Total if Actions Actions To ay Taken Departmental Budget $ 12,413,779 $ 12,463,779 Appropriated Fund Balance $ - $ 50,000 Section 2: Explanation BA 22-006 will allocate $50,000 for road improvements to William Louis Drive. Appropriated Fund Balance will be increased to fund the project however, the assessment process allowed by North Carolina General Statute Chapter 153A, Article 9, will be used to assess property owners for the total cost of the project. The adoption of this budget amendment will increase the General Fund Appropriated Fund Balance by $50,000. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 22-006 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 7th day of September, 2021. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 7, 2021 ITEM: 7 - 4 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/7/2021 Regular DEPARTMENT: Planning PRESENTER(S): Nicole Smith, Senior Planner CONTACT(S): Nicole Smith, Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z21-10) - Request by Design Solutions, Applicant on Behalf of the Property Owners, Sanjeev B. & Hita S. Badhiwala to Rezone Approximately 1.50 Acres of Land Located at 7578 Carolina Beach Road from R-15, Residential District to (CZD) RMF-M, Conditional Residential Multi -Family Moderate Density District, in Order to Develop a 16-Unit Townhome Development BRIEF SUMMARY: The applicant is seeking to rezone 1.5 acres of land located at 7578 Carolina Beach Road from R-15 to (CZD) RMF-M (Conditional Residential Multifamily Moderate Density). The rezoning will allow for construction of four townhome buildings, for a total of 16 units. Primary access will be provided on Carolina Beach Road. The proposal would include about 0.34 acres of open space. The RMF-M, Residential Multifamily Moderate Density District provides for lands that accommodate moderate density single-family and multi -family development. The intent of the RMF-M district is to function as a transitional district between intensive nonresidential development and higher -density residential areas. The district is intended to provide a reasonable range of choice, type, and location of housing units. As currently zoned the subject site would be permitted up to 4 dwelling units at 2.5 du/ac under the performance residential standards. A development of this scale is estimated to generate fewer than 10 trips during the peak hours (8 AM/5 PM). The proposed 16- unit development equates to an overall density of 10.7 du/ac and is estimated to generate about 10 trips during the peak hours (8 AM/12 PM), for an increase of about 7 trips in the PM peak hour. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis. Based on the current general student generation rate, staff would estimate that the increase in homes would result in approximately 3 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. 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 (CZD) RMF-M 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. While the area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a Board of Commissioners - September 7, 2021 ITEM: 8 mixture of commercial uses and residential densities ranging from 8 to 15 dwelling units per acre. The subject property is one of several undeveloped tracts along Carolina Beach Road, a major road corridor where low density single family residential projects are less likely. The property is located between low density residential development and vacant property, prime for moderate to high residential density and mixed use projects. The project also takes direct access off Carolina Beach Road, a principal arterial roadway. 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. The subject parcel is Community Mixed Use. The proposed (CZD) RMF-M, Conditional Residential Multifamily Moderate 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 mixture of uses recommended in the Community Mixed Use place type, the townhomes will provide a transition between a major corridor and exiting low density housing, and because the proposal will increase the range of housing types in the area. The Planning Board considered this application at their August 5, 2021 meeting. At their meeting, two residents spoke in opposition to the request, citing concerns regarding drainage, density, and traffic. The Planning Board recommended approval of the application (5-0), 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 townhomes will provide a transition between a major corridor and existing low density housing, and because the proposal will increase the range of housing types in the area. The Planning Board also found APPROVAL of the request is reasonable and in the public interest because the proposal supports the County's goals of providing for a range of housing types and opportunities for households of different sizes and income levels. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) RMF-M 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 townhomes will provide a transition between a major corridor and exiting low density housing, and because the proposal will increase the range of housing types in the Board of Commissioners - September 7, 2021 ITEM: 8 area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports the county's goals of providing for a range of housing types and opportunities for households of different sizes and income levels. (Optional) Note any conditions to be added to the district. I move to DENY the proposed rezoning to a (CZD) RMF- M 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 an appropriate transition between a major road corridor and existing low density housing, 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: Z21-10 BOC Script Z21-10 Staff Report BOC Z21-10 Zoning Map Z21-10 Future Land Use Map Z21-10 Neighboring Properties Z21-10Applicant Materials CS Z21-10Application Package Z21-10 Concept Plan CS Z21-10 Proposed Concept Plan Z21-10 Eaton Letter of Support COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - September 7, 2021 ITEM: 8 SCRIPT for Zoning Map Amendment Application (Z21-10) Request by Design Solutions, applicant on behalf of the property owners, Sanjeev B. & Hita S. Badhiwala, to rezone approximately 1.50 acres of land located at 7578 Carolina Beach Road from R- 15, Residential District to (CZD) RMF-M, Conditional Residential Multifamily Moderate Density District, in order to develop a 16-unit townhome development. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (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-M district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses and density recommended in the Community Mixed Use place type, the townhomes will provide a transition between a major corridor and existing low - density housing, and because the proposal will increase the range of housing in the area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports the County's goals of providing for a range of housing types and opportunities for households of different sizes and income levels. [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-M district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type, the residential densities are in -line with those recommended for the property, and the project will provide an appropriate transition between a major corridor and existing low -density housing. 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 - September 7, 2021 ITEM: 8 - 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - September 7, 2021 ITEM: 8 4 - 2 STAFF REPORT FOR Z21-10 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z21-10 Request: Rezoning to a (CZD) RMF-M, Conditional Residential Multifamily Moderate Density District Applicant: Property Owner(s): Cindee Wolf with Design Solutions Sanjeev B. & Hita Badhiwala Location: Acreage: 7578 Carolina Beach Road 1.5 PID: Comp Plan Place Type: R08500-002-022-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Townhome development Current Zoning: Proposed Zoning: R-15, Residential (CZD) RMF-M SURROUNDING AREA LAND USE ZONING North Undeveloped R-15 East Single -Family Residential R-15 South Undeveloped R-15 West Single -Family Residential R-15 Z21-10 Staff Report BOC 9.7.2021 Page 1 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 1 COMMUNITY SERVICES Water/Sewer water and sewer services are not available through CFPUA. The site is expected to be served by AQUA America when developed. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Carolina Beach Elementary, Murray Middle, and Ashley High School Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z21-10 Staff Report BOC 9.7.2021 Page 2 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN Capeside Village IrmMpaw"M ", FRIWxlmrl2w,! CalieSid-e.Dri�r ._..:. - c e�,�„�� zo,� � ASMW Townhamea • The applicant is proposing to rezonel.5acres to (CZD) RMF-M, Conditional Residential Multifamily Moderate Density District. • The applicant is proposing to construct a 16-unit townhome development. The units will be located in four buildings containing four units each. • Primary access to the development will be provided on Carolina Beach Road, a principal arterial roadway. • The proposal would include about 0.34 acres of open space, which exceeds the County's requirement of providing 20% open space. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. The purpose of the R-15 district is to provide lands that accommodate very low to low density residential development that can serve as a transition between very low -density residential development patterns and smaller lot, more dense residential areas of the County. • Under the County's performance residential standards, the subject parcel would be permitted up to 4 dwelling units at a density of 2.5 du/cc. The proposed 16 units equate to an overall density of 10.7 du/ac. • The purpose of the RMF-M, Residential Multifamily Moderate Density District is to provide lands that accommodate moderate density single-family and multi -family development. The intent of the RMF-M district is to function as a transitional district between intensive nonresidential development and higher -density residential areas. The districts is intended to provide a reasonable range of choice, type, and location of housing units. Z21-10 Staff Report BOC 9.7.2021 Page 3 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 3 • The site is situated between low -density residential to the west, a principal arterial roadway to the east, and undeveloped property to the north and south. • The proposal provides the required transitional buffer to the adjacent single-family zoning north, south, and west of the request. AREA SUBDIVISIONS UNDER DEVELOPMENT Z21-10 Staff Report BOC 9.7.2021 Page 4 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 4 TRANSPORTATION Caveside Dr Carolina Beach Rd Primary Access T-7/ Secondary Access • Primary access to the development will be from Carolina Beach Road, an NCDOT maintained principal arterial. • As currently zoned the subject site would be permitted up to 4 dwelling units at 2.5 du/ac under the performance residential standards. A development of this scale is estimated to generate fewer than 10 trips during the peak hours (8 AM/5 PM). The proposed development is estimated to generate about 10 trips during the peak hours (8 AM/1 2 PM), for an increase of about 7 trips in the PM peak hour. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis. • Traffic improvements may be evaluated during the driveway permit application. A driveway permit will be required to be obtained from NCDOT prior to the issuance of any building permits. Z21-10 Staff Report BOC 9.7.2021 Page 5 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 5 Comparison of Potential Trip Generation Scenarios Intensity Approx. Peak Hour Trips Existing Zoning (R-15) 4 single family units 8 / 5 (AM / PM) Proposed Development (CZD)RMF-M) 16 townhome units 8 / 12 (AM / PM) Net Change N/A 0 / 7 (AM / PM) Because a TIA is not required to analyze transportation impacts, staff has provided the volume to capacity ratio for the adjacent roadway. While the 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 (ADT) -2019 Road Location Volume Capacity V/C Carolina Beach Road 7578 Carolina Beach Road 35,500 AADT 41,368 .86 Z21-10 Staff Report BOC 9.7.2021 Page 6 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 6 Nearby Planned Transportation Improvements and Traffic Impact Analyses A ppraved Ma n r© Golf Club Development Tracts 1 & 5 �, TIA ,Approved _ Subject "+` 0 0.25 0.5 s 1 Mile Radius Z21-10 Staff Report BOC 9.7.2021 Page 7 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 7 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 Land Use/Intensity TIA Status Development Masonboro Golf Club • Tract 1: 82 single- • TIA approved August 2008 Development family detached • Full build 2020 housing units • Tract 2: 59 single- family detached housing units The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: Provide a southbound, left -turn lane on River Road with 50-feet of storage, 50 feet of full -width deceleration and appropriate taper at SR 1576 (River Road) and The Cape Boulevard. Nearby Proposed Developments included within the TIA: No approved developments were considered in this analysis. Development Status: Complete ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Telfairs 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). However, the site is expected to be served by AQUA America when developed. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Carolina Beach Elementary, Murray Middle, and Ashley High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • Under the current zoning, 3 dwelling units would be permitted by right. A maximum of 16 units could be developed under the proposed rezoning. • Based on the current general student generation rate*, the increase in homes would result in approximately 3 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 Z21-10 Staff Report BOC 9.7.2021 Page 8 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 8 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 ** Approximate Total: 1 under Current R-15 3 residential units (0 elementary, 0 middle, 0 high) Zoning Proposed (CZD) RMF-M 16 residential units Approximate**Total: 4 Zoning (1 elementary, 1 middle, 1 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. Z21-10 Staff Report BOC 9.7.2021 Page 9 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 9 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 Capacity School School w/ School Upgrades Portables Carolina Elementary 95% Beach 401 373 108% None Middle 108% Murray 853 848 101 % None High 100% Ashley 1,990 1,896 105% 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. • 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 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed RMF-M CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 80%. Under the proposed RMF-M district the site would allow for single family attached (townhomes) and increase housing type diversity by reducing the percentage of single family detached (80% to 79%) and increasing the percentage of single family attached residences (9.5% to 10.5%). • The subject property is located in the Snows Cut community area, where 37% of residents currently live within one -mile of a community facility (public park, school, library etc.). The proposed RMF-M district would increase the number of residences within one -mile of a community facility (36.5% to 37%). Z21-10 Staff Report BOC 9.7.2021 Page 10 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 10 REPRESENTATIVE DEVELOPMENTS Representative Developments of R-15 Cottage Grove Clay Crossing Z21-10 Staff Report BOC 9.7.2021 Page 11 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 11 Representative Developments of RMF-M Woodlands at Echo Farms Jumpin Run 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 one of several undeveloped tracts along Carolina Beach Road, a major road corridor. The property is located between low density residential development and vacant property, prime for moderate to high residential density and mixed use Z21-10 Staff Report BOC 9.7.2021 Page 12 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 12 projects. The project also takes direct access off Carolina Beach Road, a principal arterial roadway. 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. Subject Pro rt Comrnu ity Mixed Use r General Residential Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. Z21-10 Staff Report BOC 9.7.2021 Page 13 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 13 The proposed (CZD) RMF-M development is located between low -density residential, a principal arterial roadway, and undeveloped property. In general, the Comprehensive Plan designates areas along roadways for higher residential densities and a mix of uses. The proposed (CZD) RMF-M zoning would provide a transition in density and intensity between future Community Mixed Use development along Carolina Beach Road and the established single-family neighborhood, west Analysis of the 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 proposal is also in line with the preferred density range for the Community Mixed Use place type. The Community Mixed Use place type envisions moderate density residential development up to 15 dwelling units per acre. The applicant is proposing 16 units, for an overall density of 10.7 units per acre. The proposed (CZD) RMF-M, Conditional Residential Multifamily Moderate Density District rezoning is generally CONSISTENT with the intent of the 2016 Comprehensive Plan because this zoning district is intended to provide Consistency alternative housing types to single-family detached development, the Recommendation project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the townhomes will provide a transition between a major corridor and exiting low density housing, and because the proposal will increase the range of housing types in the area. PLANNING BOARD RECOMMENDATION The Planning Board considered this application at their August 5, 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 (5-0). • 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, the townhomes will provide a transition between a major corridor and exiting low density housing, and because the proposal will increase the range of housing types in the area. • The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports the County's goals of providing for a range of housing types and opportunities for households of different sizes and income levels. Z21-10 Staff Report BOC 9.7.2021 Page 14 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 14 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-M 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 townhomes will provide a transition between a major corridor and exiting low density housing, and because the proposal will increase the range of housing types in the area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports the County's goals of providing for a range of housing types and opportunities for households of different sizes and income levels. (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-M 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 an appropriate transition between a major road corridor and existing low density housing, 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. Z21-10 Staff Report BOC 9.7.2021 Page 15 of 15 Board of Commissioners - September 7, 2021 ITEM: 8 - 2 - 15 r-mr_qp_qp-qm Site Address: Z21-10 7500 block Carolina Beach Rd r 440 Feet Existing Zoning/Use: R-15/Undeveloped Subject Site one �e/ Proposed Zoning/Use: CZD RMF-M/ Townhomes Dr Zoning Districts B-1 R-5 EDZD CB R-7 PD B-2 PRA R-10 RMF-X CS R-15 RMFU SC R-20 UMXZ O&I0 imilli R-20S ® Indicates Conditional Zoning District (CZD) COD See Section 5.7 of the UDO ❑ Incorporated Areas` SHOD r.... Z21-10 ..E Site Address: 7500 block Carolina Beach Rd Trevis 6, Existing Zoning/Use: R-15/Undeveloped Subject Siteca o� Capeside-Dr \�Grand-Banks-Dir ' r1 -:)coke-Dr Feet oners\ 5gxemper q, Community Mixed Use Proposed Zoning/Use: CZD RMF-M/ Townhomes 'General/ Residential Tarpon- �< Place Types ■ COMMERCE ZONE Sear EMPLOYMENT CENTER e e2eRd GENERAL RESIDENTIAL ■ URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: 7500 block Carolina Beach Rd Existing Zoning/Use: R-15/Undeveloped Ln 624 • • 628 / 63 . Proposed Zoning/Use: CZD RMF-M/ Townhomes N / 7532 • 7523 7542 • 803 805 801 • • • 1 Subject Site 80z 7562 7552 • cr, 7545 m • 420 416 7504 7500 m • • / 7578 rp 412 7507503 • 9 421 419 408 • l I • U 547 • • 0 04 7512 07 7511 637 701 705 • 7588 • • • • 7515 :01 644 700 704 • 809 815 • • • Capeside-Dr • • 71 i :23I 727 731 735 739 741 747 Grand -Banks Dri • • • • • 726 730 734-738 744 7601 733 ❑ Neighboring Parcels • Ocracoke Dr 440 Feet B and f Co mis ioners - S em er , 2 IT - 1 13 W Site J Q v O p B-2 �R-10 ffR-15 FF APPLICANT MATERIALS Board of Commissioners - September 7, 2021 ITEM: 8 - 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 Sanjeev B. & Hita S. Badhiwala Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 5424 Aventuras Drive City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28409 Phone Phone 910-620-2374 910-742-1112 (Contact: Matt Ward) Email Email cwolf@lobodemar.biz matt@woodseng.com Board of Commissioners - September 7, 2021 Page 1 of 6 ITEM: 8 - 7-C2onditional Zoning District Application — Updated 1 2-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) 7578 Carolina Beach Road 313110.37.6263/ R08500-002-022-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 1.50 ac+/- R-15 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: CZD / RMF-M I Total Acreage of Proposed District: 1.50 ac+/- Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The proposed project is to develop sixteen (16) attached / single-family residences in four (4) -unit buildings. They will be constructed for individual ownership. Utility service will be provided by AQUA America water & sanitary sewer mains. Access is directly from Carolina Beach Road, a major thoroughfare. Stormwater management be facilitated by a pond. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. Reference the Concept Plan for site layout and improvements. If approved, proposed project will go through detailed design and permitting by all County departments and State agencies prior to construction authorization. Board of Commissioners - September 7, 2021 Page 2 of 6 ITEM: 8 - 7-donditional 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: Residential Townhouse (230) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) per Dwelling Unit @ 16 1 AM Peak Hour Trips: 7 I PM Peak Hour Trips: 8 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 - September 7, 2021 Page 3 of 6 ITEM: 8 - 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 Comprehansive Land Use Plan as a "Community Mixed -Use" place -type. The plan suggests higher densities. The proposed project is an acceptable transition use along the busier Carolina Beach Road, and the single-family / "age -restricted" residential community of Capeside Village to the West. 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? Carolina Beach Road is a major thoroughfare, and has become extremely busy over the years. These undeveloped tracts along the highway are no longer attractive for the classic single-family home. Attached housing is a reasonable transitional use. Increased density allows for more affordability. Board of Commissioners - September 7, 2021 Page 4 of 6 ITEM: 8 - 7 -conditional 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) N/A ❑ 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 - September 7, 2021 Page 5 of 6 ITEM: 8 - 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 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. Schleev -- d)A WL Sanjeev B. Badhiwala Signature of Property Owner(s) Print Name(s) Gy 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 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 - September 7, 2021 Page 6 of 6 ITEM: 8 - 7-6onditional Zoning District Application — Updated 1 2-2020 Legal Description for Conditional Zoning District over 7578 Carolina Beach Road Beginning at a point in the western boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way; said point also being at the southeastern corner of "Lot 1— Mary Freeman Ford Division," a plat recorded among the land records of the New Hanover County Registry in Map Book 32, at Page 121; and running thence with the Carolina Beach Road right-of-way: South 13157'12" West, 208.72 feet to a point; thence, South 89110'51" West, 322.90 feet to a point; thence North 13057'12" East, 208.72 feet to a point; thence North 89010'51" East, 322.90 feet to the point and place of beginning, containing 65,270 square feet, or 1.50 acres, more or less. Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 8 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: ASMW Townhomes / 7578 Carolina Beach Road Proposed Zoning: R-15 to (CZD) RMF-M The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on June 14, 2021 . A copy of that written notice and a list of recipients are attached. Subsequently, one of the recipients objected to the venue and offered the community clubhouse as an alternative. Another mailing was made for the updated location. It is also attached. The meeting was held at the following time and place: Monday, June 28, 2021 6:00 a.m.: at the Caaeside Villaae Clubhouse. 704 Caaeside Drive. The persons in attendance at the meeting were: Reference attached sign -in List. The following issues were discussed at the meeting: A presentation was given on the proposed project, how it relates to the Comp Plan and the particulars about Conditional Zoning Districts. A representative from the community gave a presentation and provided a Petition of signatures outlining the various points their opposition (See Attached). Subsequent conversation revolved around mistrust in the stormwater regulations to protect them and the ever-increasing traffic on Carolina Beach Road. Some opponents simply did not want anything to be developed on the site, and others made a request that the developers consider age -restricting the proposed development as would be similar to their community. As a result of the meeting, the following changes were made to the petition: No changes were made to the concept layout of sixteen (16) units, but the developers are pro -actively reviewing the soils and preliminary stormwater management design. Date: June 29, 2021 Applicant: Design Solutions By: Cindee Wolf Boara ot Commissioners - Septemoer 1, 2021 ITEM: 8 - 7 - 9 Community Information 7578 Carolina Beach Road Date: June 28, 2021 Name Address Email (Optional) Cynthia Terry 412 Capeside Dr clt1552@hotmail.com Geor e Lichtenfels g 7503 Player Way Y Y S� i�hRP one Coi�jntact Z �� Gerald (cellos?) Phone Contact Dee Pearce Appraiser deepearce@gmail.com Pitt0L C� �— 13 � 5 �� )ec 6 /-u-) �P 466. cG 4ar, i�Z)r Azo'V �. c`J 1 hat ,e r 5 D -q 3 46 r' ,A Gznb -P� s V V� k�o-Llak v � • c 7g� Matt Ward Developer matt@woodseng.com Cindee Wolf Project Planner cwoif@lobodemar.biz L Lep )1K Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 10 Community Information 7578 Carolina Beach Road Townhomes Date: June 28, 2021 Name Address Email (Optional) Cc`rz.� r7,( r rc4C r! . C�vn cC�CG K� �'l 0� � Gr Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 11 to to to + to m tr L) LiJ r J re�- R:. What LUC CA r t' sa ttr'i� N Lu N r1 di. LL -V sali't� U wok_ lu k- _j 1-. dra - LL to - redto r I #lf � , f l rJ V N r > f( r'3 r..^ ua" :: N W l? — Q _ tq tla `r t7 "=' 1 1 U Ln to H N �= F-f r J e X Z t7 } NJ � tY = • i 11 00 ] Ln Z U O �n O)r ra bIa D l� r-I t-+tt J � J L M a_� O 1 QZ w w LSc Ln LF) Q U�ur Et � � 5 H U t�H, o L*! p � n o O V) O 3 3 Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 12 Overview Introduction My Name is Frank Ebbinghouser my wife Joan and I own and reside at 7500 Player Way, for the past 25 years. I was appointed to speak for the residents of the community to you regarding our concerns. We thank you for changing the location of the meeting to our clubhouse accommodating the residents to be more comfortable. I hope you took the opportunity to drive around our community to see what 30 years of independent seniors can accomplish. We take great pride in our community and are ready, willing, and able to fight using all legal means to protect our homes, health and rights. Description of Capeside Capeside Village was established in 1993 as one of the first over 55 retirement communities in the state of North Carolina. Its current make up is 61 single family -nr i..ri •eri�c cm�ll ., -, I .n?I ,.1. i6e1�r4, .ecfn.r +I. rv�l,:rir+� e,r� n€ t4--� •. .,.... ..Y Y1. .. JYYYVYL V�....Y u ..tY Y'Y.,aY +yVVY VYYV \r 1'4Y YyYYV Yw ...d YVy v. Y`.. ♦..lvYVJY�a. VM4 V. bYYV residents. It sits on 14 acres 11 are developed and 3 acres are protected wetlands. Our controlling documents are supplemented by 24 CFR part 100 Housing for Older Persons Act of 1955. The current populaticm consists of approximately 97 senjor citizens: 20 homes are occupied by a single individual. 38 homes are occupied by 2 or more residents. And 3 are currently vacant and for sale. The average age of the community is 74 years. (These numbers are subject to change). Historical water problems The west end of the community sits directly adjacent to the wetlands which empties into the Cape Fear River. The lowest elevations of these homes are in the c �•-.nt �-,..rr� we�-iAi++ er �re�1 +.. +�� ilr-itr:� terl,•� TI�o��-pro � h••.�ny� r� ••t•, r .J + to the wetlands. The east end of the community is in the 11 to 14 foot elevation range, some of this land is adjacent to the lot in which the rezoning request is being made. There are 2 storm water drainage ditches, one on the North side of the co -in muni to the other on the �au.th- side of the community. Both, intersect Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 13 Carolina Beach Road and direct the storm water flow through the backyards into the wetlands. The north ditch flows through the yards of 16 homes. The south ditch flows through the yards of 13 homes clubhouse and pool. The ditches distance from the home foundations in some instances is as close as 10 feet. According to the latest flood zone maps 36 homes are all or partially in flood zone AE requiring flood insurance. This is a heavy burden placed on seniors who are mostly on a fixed income.. Because of the grade being higher at Carolina Beach Road to lower at the west end of the community terminating in the wetlands all water not contained in the storm water ditches flows through the streets ponding at the lower elevations and the lower end of the driveways. I am not an engineer or claim to have any special education in water flow but I am a homeowner and when I dig a hole in my yard under normal rainfall the water table is less than one foot down. During heavy weather my grass is covered sometime by inches of water that seep slowly into the ground and it takes hours to go away. Decision of board to form committee Immediately after receiving Ms. Wolfs letter the President called an emergency meeting where the community voted to form a petition committee in opposition to the project and research hiring an attorney specializing in land use and zoning issues. Our understanding of the code requires you as the developer and its representative to file all objections that have been raised at this meeting with the appropriate government officials. In order to insure fair compliance I personally will be filing copies of the document with tom. Objections Our primary objections are the addition of approximately % acre or more of hard scape, eliminating the natural absorption of the rainwater into the forest, causing all this water to flow downstream into our community, The addition of a infiltration pond at the north west corner of the project directly over our north drainage ditch will add to the burden of an overwhelmed system causing, Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 14 additional water flow, and possible flooding if the pond is not properly maintained. (see attached WECT article) The removal of the trees and bushes that act as a natural barrier win open up our homes to storm winds with the potential of catastrophic damage. There are other serious concerns described in the document. Petition and results I hereby present you with a documented petition containing 91 signatures or email authorizations protesting your attempt to rezone the property commonly known as 7578 Carolina Beach Road, from R15 to "A Performance Residential Town Home Development." In the text we describe 10 objections the community has to your project and how it will impact our lives and health. We ask you carefully review this document and cease your attempt at rezoning. Future actions that will be taken If your decision is adverse to the welfare of the community we will proceed with hiring an attorney to represent us at any and all future meetings and respond to any and all legal issues that come up. We respectfully submit this 15 page document to you and hope that common sense will prevail. Ask yourselves if we were your grandparents or great grandparents would you subject them to this indignity and disregard their health, and needs. Thank you for your time. Frank Ebbinghouser 6.28.21 Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 15 Capeside Village Owners' Association Inc. 704 Capeside Drive, Wilmington NC 28412 .dune 28,2021. Cindee Wolf Design Solutions PO Box 7223 Wilmington NC 28406 CC. New 1-4a11VVe1 'CourILY LJepal Li l lel It LI r1Q1111111r, C111U L011U LSC. Re: 7578 Carolina Beach Road rezoning request. Dear Ms. Wolf, Unnamed Developer, Rebekah Roth CZO and Nicole Smith CZO. We, as the closest and most immediately impacted community by the proposed rezoning of the parcel 7578 Carolina Beach Road. From R15 to "A Performance Residential District" strongly Protest this change in zoning. Background Capeside Village was established in 1993 as one of the first over 55 retirement communities in the state of North Carolina. Its current make up is 61 single family residences, a small pool and clubhouse for the exclusive use of the residents. It sits on 14 acres 11 are developed and 3 acres are protected wetlands. Our controlling documents are supplemented by 24 CFR part 100 Housing for Older Persons Act of 1955. The current population consists of approximately 97 senior citizens, 20 homes are occupied by a single individual. 38 homes are occupied by 2 or more residents. And 3 are currently vacant and for sale. The average age of the community is 74 years. (These numbers are subject to change). Character of the Neighborhood -rL.. i J t iL, •b. _ 'i._ J:.__ _a.l,� _J:,....�._i i_ �.L�, aJ_r_la. .La,L i.:�� a_ iL I Ile west ei-w VI Me CiD 1111IdrI1Ly JILJ uI1eL l-V adjace11L Lu he weLia dud VV111i 11 C1mptles II ILL LIIC Cape Fear River. The lowest elevations of these homes are in the 5 foot range which is equal to the high tide. There are 5 homes directly adjacent" to the wetlands. The east end of the community is in the 11 to 14 foot elevation range, some of this land is adjacent to the lot in ►Arhir•h tha rc»nnina rarrl Pact is ha1na m�3ria Thera nrn') ctnrm %Al�tPr r4ralnaasa rlitrhac nna nn the North side of the community the other on the South side of the community. Both intersect Carolina Beach Road and direct the storm water flow through the backyards into the wetlands. The north ditch flows through the yards of 16 homes. The south ditch flows through the yards Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 16 of 13 homes clubhouse and pool. The ditches distance from the home foundations in some instances is as close as 10 feet. According to the latest flood zone maps 36 homes are all or partially in a flood zone requiring flood insurance. This is a heavy burden placed on seniors who are mostly on a fixed income. Because of the grade being higher at Carolina Beach Road to lower at the west end of the community terminating in the wetlands all water not contained in the storm water ditches flows through the streets ponding at the lower elevations and the lower end of the driveways. I am not an engineer or claim to have any special education in water flow but I am a homeowner and when I dig a hole in my yard under normal rainfall the water table is less than foot- down. . ,.. During heavy +� A + .,, l- • L- t +„ 4, a r one oo- down. During heavy weather illy grass) is Ci�V�reu somiieiii�ie uy In Ile vi wcNLci Lh L seep slowly into the ground and it takes hours to go away. Objections: (l) Since the property in question is upstream from our community we are concerned with increased watershed run off that will impact our ditches causing additional flooding during storms and at some point may require more of us to purchase flood insurance. (2) The addition of an infiltration pond discharging into the north ditch will increase the water flow through the north ditch contributing to additional backups and draining problems. This ditch experiences numerous backups and overflow on a regular basis. It is a known fact that retention or infiltration ponds require regular maintenance, they need to be cleaned regularly to remove sediment, the berms need to be maintained, they need to be kept free of vegetation which can cause blockages and overflow. They breed mosquitoes; attract unwanted animals such as water snakes, and alligators. What guarantee do we have that such a small HOA of 16 homes can afford to properly maintain this pond? It is a known fact that unmaintained ponds negatively affect property values. Putting an infiltration pond adjacent to a neighbor's property that has NO authority to maintain it without regard for their welfare or property values is irresponsible. (3) The addition of approximately one half acre of hard scape impeding the natural absorption of rain water into the ground may contribute to flooding of our streets and ditches by this water flowing off the hardscape into our community. Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 17 (4) The removal of trees, bushes and brush will impede the absorption of water into the ground and will take away the natural protections the community has from storm and hurricane winds which are blocked by the trees. (5) The possible additional runoff from this project may contribute to a higher water table possibly causing crawl spaces to become wet and promote mold growth. (6)We are further concerned about the noise and safety of our residents should this proposal go through. Our community is frail and many of our residents require assistance, so they need to be protected. (7)We are concerned with the sewage discharged from this new community if it is pumped into our present system which is already at its maximum we will have more instances of sewerage flowing in the streets as we have had in the past when there are power outages or the pump fails. (8)Exiting Capeside drive onto Carolina Beach Road is hazardous in the best of times, due to the proximity of the traffic light at the River Road intersection. There are constant backups and it is very difficult to enter into the flow of traffic. Adding additional vehicles will make exiting the community even more difficult. The latest traffic study shows in excess of 33,000 cars a day pass our community. (9)The loss of wildlife habitat is a concern for the residents, there is currently 8 acres of vacant land adjacent to the community with a rich diversion of wildlife, from a small deer herd, to possums, raccoons fox, rabbit, squirrels and even a few alligators and a myriad of birds all adding to the quality of life for the residents. (10)Capeside Village is a quality community desired by many people looking to retire gracefully in a beautiful, safe corner of our state. We are concerned that the addition of an out of place development will adversely affect our property values and degrade the quality of life our residents have worked so hard to create. Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 18 Conclusion The residents of Capeside Village wish to be good neighbors and have been so for almost 30 years. We wish no ill will to any neighbor nor do we wish to infringe on anyone's rights. When our homes, rights, health, community and lifestyle are threatened by whatever means we do not take it lightly or sit by without protest or response. Therefore we respectfully request Design Solutions `'Cease and Desist" its plans to rezone the property known as 7578 Carolina Beach Road because we see this type of a development as a detriment to our lives. We 4...T..�I + +L.., knowledge +L...++4,,, .J:.........+ +,. stir purchased our homes 11ViLh he secure that his adjacent property was zonedFRIS and had fully expected that if developed it would be the same kind that we currently enjoy. Changing the game after we Invested our hopes and expectations is abusive, immoral, unkind and unjust. At a meeting of the community regarding this issue on June 21, 2021 the community was almost in full agreement we take the following actions. We respectfully present to -you a petition signed by 91 of our residents protesting the unfair changing of the game by a rezoning request. We will file this petition with all governmental agencies required so our voices may be heard. The community also agreed at this meeting to hire an Attorney to protect our rights if necessary. I he search has begun and we are interviewing Attorneys at this time to represent the community before any appropriate governmental agency to protect our rights.. An ideal solution to this situation is for all this land abutting Capeside Village be purchased by _ i i_,�_,._.. r_.. +.. I__ r..,.r_r +_ r..._�..•.J Village Owners' n.._.._•..+:��. ice_ +,.. r<..,. Ivew nanovei ,-ounty or be deeded o L.apeside Village Owner � Association inn. o be preserved as greenspace in perpetuity. This will solve a myriad of problems. Capeside retirement community lifestyle would be preserved. Water shed problems reduced. Wildlife could live in peace. There would be no added pollution, no increased traffic congestion. And no arirlitinnai hiirr#an to the �n,iihlir cer»irac of New Hanover County, Thank yn�i fnr yniir attention to this matter. Respectf-ally subm Frank Ebbinghouser e. Attachments: Petition Exhibits #1 thru #9 Article from WEC: f 6.25.2.1 "Retention pond flooded Independence Blvd." Design Solutions Site Plan of propli &cc6PT rsioners - September 7, 2021 ITEM: 8 - 7 - 19 PETITION Exhibit n 06/28/2021 /Z TO DEiSGN SOLUTIONS WHEREAS the undersigned object to the Rezoning of 7578 Carolina Beach Road, Wilmington, NC to a Performance Residential Town Home Development of sixteen (16) units on said property. WE the undersigned petition Design Solutions from refraining from rezoning 7578 Carolina Beach Road, Wilmington, NC to erect 16 town homes on the property: Printed Name Address (printed) Sig i el �,AA f11�"vi r Naa st 1 at2ll�)JILLataa t 2 Cz eiA e o�lr ly, e }rZ - — — y- _T' :, 67 - C), LIIL, L" , Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 20 PETITION TO DEISGN SOLUTIONS Exhibit #2 06/28/2021 WHEREAS the undersigned object to the Rezoning of 7578 Carolina Beach Road, Wilmington, NC to a Performance Residential Town [-tome Development of sixteen (16) units on said property. WE the undersigned petition Design Solutions from refraining from rezoning 7578 Carolina Beach Road, Wilmington, NC to erect 16 town homes on the property: Printed Name Address (printed) Signature C ,N ::>1y, i+ ty�►c� 0 kVA1'W k-ns (414 e 752,5-- 81:duev- 11,14 V ht)ll 11 A 4 Ad. -7k `t `/ CT V i� �� ,mil I✓iF/ /�/'L i • - �! :' 10 Z P'.- (C-Q Qq/ Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 21 Exhibit #3 &/ C-) yl�l / / PETITION TO DEISGN SOLUTIONS WHEREAS the undersigned object to the Rezoning of 7578 Carolina Beach Road, Wilmington, NC to a Performance Residential Town Home Development of sixteen (16) units on said property. WE the undersigned petition Design Solutions from refraining from rezoning 7578 Carolina Beach Road, Wilmington, NC to erect 16 town homes on the property: Printed Name Address (printed) Signature a 'h e 7 iG r Ll.—cty c o pjo, c .� .� ni XGA 1 7 i dJ P4 G if a k C 4 ' # ' Y iL Aw- AJ--A VA Z d1 + - ✓1c Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 22 IMMIZ TO DEISGN SOLUTIONS Exhibit #4 06/28/2021 / y WHEREAS the undersigned object to the Rezoning of 7578 Carolina Beach Road, Wilmington, NC to a Performance Residential Town Home Development of sixteen (16) units on said property. WE the undersigned petition Design Solutions from refraining from rezoning 7578 Carolina Beach Road, Wilmington, NC to erect 16 town homes on the property: Printed Name Address (printed) Signature gzvhard vat4i eL Se Je� Q/ ! -Z k 8A Ca. 1I h lr 'cf fi Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 23 i PETITION TO DEISGN SOLUTIONS Exhibit #5 06/28/2021 f � WHEREAS the undersigned object to the Rezoning of 7578 Carolina Beach Road, Wilmington, NC to a Performance Residential Town Home Development of sixteen (16) units on said property. WE the undersigned petition Design Solutions from refraining from rezoning 7578 Carolina Beach Road, Wilmington, NC to erect 16 town homes on the property: Printed Name Address (printed) Signature Ct �cc [ 1 5C) EL Wcuo ' 0,L) J fib.. eL Y 2, 5) 7 , r StJk �U ' NWrlll Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 24 Exhibit #6 PETITION TO DEISGN SOLUTIONS 06/28/2021 WHEREAS the undersigned object to the Rezoning of 7578 Carolina Beach Road, Wilmington, NC to a Performance Residential Town Home Development of sixteen (16) units on said property. WE the undersigned petition Design Solutions from refraining from rezoning 7578 Carolina Beach Road, Wilmington, NC to erect 16 town homes on the property: Printed Name Address (printed) Signature de Dr Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 25 PETITION TO DEISGN SOLUTIONS Exhibit #7 0+6/28/2021 WHEREAS the undersigned object to the Rezoning of 7578 Carolina Beach Road, Wilmington, NC to a Performance Residential Town Home Development of sixteen (16) units on said property. WE the undersigned petition Design Solutions from refraining from rezoning 7578 Carolina Beach Road, Wilmington, NC to erect 16 town homes on the property: Printed !Name Address (printed) Signature Csry �.�r C£011) s J %,' r 1CJ4, -z t S 6MA � Q Sy $7 Aq,- *17,,4c, 4o J d� itl j y fJ .♦ice ' l'_�/( ) / -apt �2vsc. u',a T/'tc/ r / Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 26 Exhibit #S PETITION TO DEISGN SOLUTIONS 06/28/2021 WHEREAS the undersigned object to the Rezoning of 7578 Carolina Beach Road, Wilmington, NC to a Performance Residential Town Home Development of sixteen (16) units on said property. WE the undersigned petition Design Solutions from refraining from rezoning 7578 Carolina Beach Road, Wilmington, NC to erect 16 town homes on the property: Printed Name Address (printed) Signature 2c CWSrCU I,)r, F r Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 27 PETITION TO DEISGN SOLUTIONS Exhibit #9 06/28/2021 8 WHEREAS the undersigned object to the Rezoning of 7578 Carolina Beach Road, Wilmington, NC to a Performance Residential Town Home Development of sixteen (16) units on said property. WE the undersigned petition Design Solutions from refraining from rezoning 7578 Carolina Beach Road, Wilmington, NC to erect 16 town homes on the property; Printed Name Address (printed) Signat4re lWa j� c �' jj; U % C • Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 28 ❑ 7532 .7523 7531 13 7542 805 13 .80 .. V, 0• 8071 B FJ LN goo i� f 80i 13 7552 0 i ■ 7562 7558 1 �4 28 13 13 , L:soo, 24 4416/ 13 70 504 J_ 412 DR— 1" 13 [3 7508 1i '__7547 m 425 41 0408 1�1, 13 130 1\ 7512, 7P97 XF 13 13 ;25 3 637 1�05 62 9 .6 m m 7 .632— 636 6" —700 7pq ___ Qpq 7605 7 �Q'43 c&7 7151 923 1�271 1�31 [3735. —GRAND 13ANKS DRF— 722 26- _7_3MO 7609. 734 0 1 .738 712T .1 7601 707 el 13 1 7613 7605 E709 •713 •717 .721 .725 7M l 740 6 OCRACOKE DR 73 7611 7615 ■ 20 #94id q7@91�naWonmers - Septem r 7 1 ■ .63 6,738 704 AS '712716 7 �m0 1 m 1 0 ITEM: 8 -7-29 754!5 0 701 825 824 0 7656 m 833 0 �7602 ADJACENT PROPERTIES WITHIN 500' OF 7578 CAROLINA BEACH ROAD: OWNER ADDRESS CITY / STATE / ZIP PROPERTY LOCATION APPLING JULIA R 416 CAPESIDE DR WILMINGTON, NC 28412 416 CAPESIDE DR WILMINGTON BADHIWALA SANJEEV B HITA S 5424 AVENTURAS DR WILMINGTON, NC 28409 7578 CAROLINA BEACH RD WILMINGTON BAILEY DONALD L SR DEBORAH R 7620 ROCK QUARRY RD RALEIGH, NC 27610 735 GRAND BANKS DR WILMINGTON BORTNER CRAIG J VALERIE S 637 CAPESIDE DR WILMINGTON, NC 28412 637 CAPESIDE DR WILMINGTON BOWERS -LEE CYNTHIA L 7532 CAROLINA BEACH RD WILMINGTON, NC 28412 7542 CAROLINA BEACH RD WILMINGTON BOWERS -LEE CYNTHIA L 7532 CAROLINA BEACH RD WILMINGTON, NC 28412 7542 CAROLINA BEACH RD WILMINGTON BOWERS -LEE CYNTHIA L 7532 CAROLINA BEACH RD WILMINGTON, NC 28412 7542 CAROLINA BEACH RD WILMINGTON BOWERS -LEE CYNTHIA L 7532 CAROLINA BEACH RD WILMINGTON, NC 28412 7532 CAROLINA BEACH RD WILMINGTON BOWERS -LEE CYNTHIA L 7532 CAROLINA BEACH RD WILMINGTON, NC 28412 7542 CAROLINA BEACH RD WILMINGTON BRADSHAW RONALD S JR PATTI H ETAL 93 SPARGER SPRINGS LN DURHAM, NC 27705 734 GRAND BANKS DR WILMINGTON CANNON VIRGINIA B JD GORE JR 7503 PLAYER WAY WILMINGTON, NC 28412 7504 PLAYER WAY WILMINGTON CAPESIDE VILLAGE OWNERS ASSOC PO BOX 15207 WILMINGTON, NC 28408 704 CAPESIDE DR WILMINGTON CARROTHERS EDWARD D JR LYNN C 744 OCRACOKE DR WILMINGTON, NC 28412 744 OCRACOKE DR WILMINGTON CATES RICKEY G MARIA L 7508 PLAYER WAY WILMINGTON, NC 28412 7508 PLAYER WAY WILMINGTON DEANES ROBERT F II PATRICIA S 800 TARPON DR WILMINGTON, NC 28409 800 TARPON DR WILMINGTON EATON HUBERTA SR HEIRS 1600 EADS ST S APT406N ARLINGTON, VA 22202 7588 CAROLINA BEACH RD WILMINGTON FORD MARY FREEMAN 1887 DYOUVILLE LN ATLANTA, GA 30341 7552 CAROLINA BEACH RD WILMINGTON FORD MARY FREEMAN 1887 DYOUVILLE LN ATLANTA, GA 30341 7562 CAROLINA BEACH RD WILMINGTON FORD MARY FREEMAN 1887 DYOUVILLE LN ATLANTA, GA 30341 7558 CAROLINA BEACH RD WILMINGTON FORSYTHE CAROLYN ALLEN 7515 PLAYER WAY WILMINGTON, NC 28412 7515 PLAYER WAY WILMINGTON GIACOMELLI ROBERT V LISA D 743 GRAND BANKS DR WILMINGTON, NC 28412 743 GRAND BANKS DR WILMINGTON GORDON BRIAN M COURTNEY T 802 TARPON DR WILMINGTON, NC 28409 802 TARPON DR WILMINGTON HALSTEAD JAMES A 801 TARPON DR WILMINGTON, NC 28409 801 TARPON DR WILMINGTON HARRIS ROBERT C ESTHER M 419 CAPESIDE DR WILMINGTON, NC 28412 419 CAPESIDE DR WILMINGTON HAWKINS PAUL W 4509 OLD LARKIN CT WAKE FOREST, NC 27587 731 GRAND BANKS DR WILMINGTON HOLDEN CHARLES ERNESTINE W 809 SEABREEZE RD N WILMINGTON, NC 28409 815 SEABREEZE RD N WILMINGTON HOLDEN CHARLES H ERNESTINE W 809 SEABREEZE RD N WILMINGTON, NC 28409 809 SEABREEZE RD N WILMINGTON JANIK KATHLEEN 700 CAPESIDE DR WILMINGTON, NC 28412 700 CAPESIDE DR WILMINGTON KAMINSKI EDWARD G ANTONINA V 152 WALKING PATH PLACE HILLSBOROUGH, NC 27278 738 GRAND BANKS DR WILMINGTON KEARNS DONALD RAY DEBRA PARRISH 1528 PALMERS GROVE CHURCH RD HILLSBOROUGH, NC 27278 739 GRAND BANKS DR WILMINGTON KOPS JOAN M 7500 PLAYER WAY WILMINGTON, NC 28412 7500 PLAYER WAY WILMINGTON LICHTENFELS GEORGE R JR SHERRY 554 SEWARD ST SEWARD, PA 15954 7503 PLAYER WAY WILMINGTON LUCIANO MARY S 705 CAPESIDE DR WILMINGTON, NC 28412 705 CAPESIDE DR WILMINGTON MACNEIL JOHN J KAREN R 727 GRAND BANKS DR WILMINGTON, NC 28412 727 GRAND BANKS DR WILMINGTON MAURER WILLIAM L DEBORAH A 723 GRAND BANKS DR WILMINGTON, NC 28412 723 GRAND BANKS DR WILMINGTON MCINTOSH MELANI R 7545 CAROLINA BEACH RD WILMINGTON, NC 28412 7545 CAROLINA BEACH RD WILMINGTON MCLAUGHLIN ERIC R MARGARET B 3 RIVER CHASE CT GREENSBORO, NC 27407 7511 PLAYER WAY WILMINGTON MCLEAN JOANN 408 CAPESIDE DR WILMINGTON, NC 28412 408 CAPESIDE DR WILMINGTON MUSSELWHITE ROY F JANET 0 ETAL 7507 PLAYER WAY WILMINGTON, NC 28412 7507 PLAYER WAY WILMINGTON NICOLAU CHRISTINE ANTONIO 404 CAPESIDE DR WILMINGTON, NC 28412 404 CAPESIDE DR WILMINGTON PEARSON RICHARD DALE ANGELA MARIA CANCIO 4314 PARK AVE WILMINGTON, NC 28403 747 GRAND BANKS DR WILMINGTON PERKINS BRITTANY C ETAL 803 TARPON DR WILMINGTON, NC 28409 803 TARPON DR WILMINGTON SCHLALINE ROBERT F BRENDA F 613 WINDGATE DR WILMINGTON, NC 28412 701 CAPESIDE DR WILMINGTON SOUTH ATLANTIC CONFERENCE ASSN 7859 CAROLINA BEACH RD WILMINGTON, NC 28412 7547 CAROLINA BEACH RD WILMINGTON TERRY CYNTHIA 412 CAPESIDE DR WILMINGTON, NC 28412 412 CAPESIDE DR WILMINGTON THIMMES BARBARA 644 CAPESIDE DR WILMINGTON, NC 28412 644 CAPESIDE DR WILMINGTON WADE ALFRED JR ELAINE DORSEY ETAL 9626 RIVER RD WILMINGTON, NC 28412 801 SEABREEZE RD N WILMINGTON WALKER SONDRA G ETAL 1890RR5��RED TRIANGLE, VA 2n2'172 730 GRAND BANKS DR WILMINGTON WILSON WILLIAM J r��OAK rrL,N,,, 7512`PLAYEffiW pmmissioners - Sej&rja T70�RP28412 7512 PLAYER WAY WILMINGTON ITEM: 8 - 7 - 30 June 22, 2021 To: Adjacent Property Owners Re: Townhome Community at 7578 Carolina Beach Road This message is follow-up to a letter recently sent to you as notice for a project information meeting. Due to concerns about the heat & possibility of inclement weather for an outdoor venue, we have relocated the meeting to: Capeside Village Clubhouse, 704 Capeside Drive, 6:00 p.m., June 28th. Also, please do not hesitate to contact me at: Telephone: 910-620-2374, or Email: cwolf@lobodemar.biz if you cannot attend & have comments or questions. Thank you. Cindee Wolf Oeslgn Soiutlons Transmittal June 14, 2021 To: Adjacent Property Owners From: Cindee Wolf Re: A Performance Residential Townhome Development At 7578 Carolina Beach Road My clients are interested in developing a sixteen (16)-unit 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. A plan of the project layout is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Monday, June 28t", at the Veteran's Park Picnic Shelter #2, 6:00 p.m. The location is off the parking lot north of the tennis courts, 355 Halyburton Memorial Parkway. If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. P.D. 13ox 7221, WilwkiKgtovt, NC 2.8406 * Teeephone: 910-62-0-2374 * Email: cwolf@lobodevvnar.biz Board of Commissioners - September 7, 2021 ITEM: 8 - 7 - 32 "TOO All Infiltration Pond N Open Space o 101;6 V 7 Board of Commissioners - September 7, 2021 ITER 8 —7,z,�,3 a it 1n '9, iiL:=14 r pr Mr. Auld T � PROPOSED SITE PLAN Board of Commissioners - September 7, 2021 ITEM: 8 - 8 - 1 20' Drainage E5mt. n/f Joan Kop5 D.B. 2033-581 Zoning: R-1 5 Land Use: Residential George Sherry Lichtenfel5 D.B. 5850-2442 Zoning: R-1 5 Land Use: Residential n/f Roy * Janet Mu55elwhite etal D.B. G 1 29-89 Zoning: R-1 5 Land Use: Residential n/f Eric * Margaret Mcl-aughlln D.B. 5G45- 1 933 Zoning: R-1 5 Land Use: Residential Tree Preservation Notes: I . Tree Preservation / Removal Permit is required prior to clearing $ land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing is to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Label protective fencing with signs to be placed every 50 linear feet, or at least two (2) per area, in both English � Spanish "Tree Protection Area: Do Not Enter." Legend: - Existing 51gnificant Pines trees to be retained (2) 0J - Existing regulated trees removed for essential site improvements 16 Hardwood 24 Pine - Existing regulated hardwood trees to be retained (5) -Existing significant trees 8" Magnolia " removed for essential 3 - 1 Magnolias I 3- 13" Magnolia site improvements (8) 1 - 22" oak - Existing regulated Pine 1 - 28" Pine trees to be retained (20) Note: Pmes through the tract are Loblolly. No Longleaf Pines were identified. 130 X 2 = 272" - Total Mitigation Req'd P23��1� ine C 3� /Z._ 15 /O Open 1193ce 2 7,980 .f.± / X Pine � / � I I F 0 5tormwater N Pond I _ � I / nl f � ine 0 � c6G fw\jut 2" Pine 17"/ 6 Pin u v Pine E Pine \ o Open Space 12" G,840 s.f.± j W Pine , _ A ne 1,Pm" Site Inventory Notes: 1. 5oil5 Types: Bp (Borrow Pits) Wa (Wakulla fine sand) 2. This property is not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing regulated trees have been located are identified. No speclmen trees were found on the tract. 7. There is no evidence ofjurisdictional wetlands on the site. 8. There is no evidence of endangered species or habitat issues on the site. 9. No portion of this tract is within a 5pecial Flood Hazard Area as evidenced on FIRM Panel 37203 13 100, dated August, 2018. 10. The site drainage flows into the Telfail-s Creek watershed. ine Pine �2 w� 28" ' Fine011 T V /rin ' I 00, 22" Pme / I 20 'Pme 1 D-in 22" Fire, / 19 Fenced Bufferyard 10' Fenced Dufferyard Pme n/f Hubert Eaton, 5r. Heirs D.B. ?? Utility Notes: I . Existing water and sanitary sewer services are - currently available to the site from AQUA America private utility mains. 2. All utility services, such as electric power, CATV, gas * telephone shall be installed underground. 3. 5olid waste disposal will be by individual residence cart pickup by a private contractor / hauler. 5 89' 105 1 " W Zomng: R-1 5 Land Use: Vacant Ca pe5lde Dr. n/f Mary Freeman Ford Zoning: R-1 5 Land Use: D.B. 1 200-1 753 Vacant M.B. 32/ 1 2 1 N 89' 1 0'5 1 " E (501 Private R/W) /o 1 2" Gum 28" Pine Project No.: 2 1-20 1"=20' Date: 07/0 1 /2 1 RCVI5on5: Development Data: Total Tract Area - 1 .50 ac. minus Class IV 5oils - -0- (not applicable) minus Natural water features - -0- (not applicable) Total Development Area - 1.50 ac. Performance Residential Density - 1 .50 ac. @ 17 units/ac. (RMF-M Density) _ Total Units Permitted - 2G ** I G Units Proposed / Density = 10.7 units/ac.) ** Surface Coverage: Rooftops - 14,900 s.f.± Pavement - 8,200 s.f.± Parking Pads * Patios - 7,500 s.f.± Total - 30,G00 s.f.± (4G.9%) Open Space - 1 .50 ac. X 20% = 0.30 ac. required Total Open Space Prov'd. - 14,820 s.f. / 0.34 ac.± Vicinity Map (No Scale) Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State * New Hanover County regulations. General Notes: (� I . New Hanover County Parcel No.: 3 13 1 1 0.37.G2G3 [PID R08500-002-022-0001 2. Tract Area: 1.50 ac.± 3. Zoning District: W Existing - R-1 5 Proposed - (CZD) KW-M 4. Comprehenslve Plan Classification: Community Mixed -Use S Graphic Scale 20 15 10 5 0 10 20 40 E ITEM: 8 - 9 - 1 Carolyn. A. Eaton 1600 S. Eads Street, Apt. 406N Arlington, Virginia 22202 August 19, 2021 New Hanover County Board of Commissioners Attn: Office of the Clerk to the Board 230 Government Center Drive, Suite 175 Wilmington, North Carolina 28403 Re: Rezoning Request Z21-10 7578 Carolina Beach Road September 7, 2021 Hearing Dear County Commissioners: I am writing to provide comment on the above -referenced rezoning request being considered at the September 7th public hearing. My siblings and I own the tract adjacent to the subject tract (7588 Carolina Beach Road). We support the above referenced rezoning request, with the stipulation that if rezoning is approved for the Badhiwala property, my siblings and I will also be applying for rezoning of our property at some point in the near future. This is the second time that rezoning has been requested for this property. The Eatons and the Fonvielles (previous owners of the tract now owned by the Badhiwalas) requested rezoning of these two tracts in 2002 at which time the Capeside Village residents presented a strong opposition and the rezoning did not occur. I have read through their statement in opposition to the current rezoning request and it's clear that their position has not changed. It is unlikely that either of these two tracts would be suitable for single family dwellings under the current R15 zoning. The Capeside Village opposition to rezoning seeks to restrict the use of the Badhiwala (and ultimately the Eaton) tract and would be tantamount to a taking if their opposition is allowed to continue to restrict the use of those two tracts. The Capeside Village Owners Association has had nineteen (19) years to purchase those two tracts if they wanted to legitimately control how that land is ultimately used (or not used.) Please do not allow their continued opposition to dissuade you from granting the rezoning request. I further ask that you please enter this letter into the record on this matter. Sincerely, Carolyn X Eaton Board of Commissioners - September 7, 2021 ITEM: 8 - 10 - 1