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Agenda 2015 04-06AGENDA APRIL 6, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC JONATHAN BARFIELD, JR., CHAIRMAN - BETH DAWSON, VICE - CHAIRMAN SKIP WATKINS, COMMISSIONER - WOODY WHITE, COMMISSIONER - ROB ZAPPLE, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER - WANDA COPLEY, COUNTY ATTORNEY - TERESA ELMORE, CLERK TO THE BOARD 4:00 PM MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Chairman Jonathan Barfield, Jr.) PLEDGE OF ALLEGIANCE (Commissioner Woody White) NEW HANOVER COMMEMORATIVE PARTNER RECOGNITION FOR THE 50TH ANNIVERSARY OF THE VIETNAM WAR (Carey Disney Ricks) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of a Resolution Recognizing Rebecca Troutman for Twenty - Five Years of Service to North Carolina Counties 3. Ratification of Issuance of Special Use Permit 5 as Directed by Judge Gary Parsons 4. Second Reading Approval of Solid Waste Franchise for C. Todd's Recycling, LLC 5. Ratification of Application to the MacArthur Foundation for the Safety and Justice Challenge Grant 6. Approval of an Application for the Waiver of Landfill Tipping Fees for the 2015 North Carolina Azalea Festival 7. Approval of an Amendment to the Interlocal Agreement for the Flemington Force Main 8. Adoption of Child Abuse Prevention Month Proclamation 9. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 5 10. Consideration of Sexual Assault Activism Month Proclamation 5 11. Adoption of County Day of Recognition for National Service Proclamation 12. Presentation of Distinguished Budget Presentation Award for the Fiscal Year Beginning July 1, 2014 40 13. Public Hearing Board of Commissioners - April 6, 2015 Special Use Permit Request (S -625, 3/15) - Request by Keresa Anderson -Young to Operate a Child Care Center at Her Residence at 7245 Savanna Run Loop 40 14. Public Hearing Special Use Permit Request (S -626, 3/15) - Request by Darek Huckbody on behalf of New Hanover County to Operate an Indoor Recreation Use at 1817 Hall Drive PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 15. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 16. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - April 6, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Teresa P. Elmore, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Meeting held on March 16, 2015 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 CONSENT DEPARTMENT: Budget PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Chris Coudriet SUBJECT: Approval of a Resolution Recognizing Rebecca Troutman for Twenty -Five Years of Service to North Carolina Counties BRIEF SUMMARY: Rebecca Troutman, Intergovernmental Relations Director for the North Carolina Association of County Commissioners, will be retiring after 25 years of outstanding service. New Hanover County would like to recognize the significant contributions Rebecca has made to all North Carolina counties, especially New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION RECOGNIZING REBECCA TROUTMAN FOR TWENTY -FIVE YEARS OF SERVICE TO NORTH CAROLINA COUNTIES WHEREAS, Rebecca Troutman, Intergovernmental Relations Director for the North Carolina Association of County Commissioners (NCACC), will be retiring after twenty -five years of outstanding service; and WHEREAS, in addition to serving as the Intergovernmental Relations Director for NCACC, Rebecca represents county interests on several issues as a registered lobbyist with the North Carolina General Assembly; and WHEREAS, Rebecca obtained her Master of Public Administration from North Carolina State University; and WHEREAS, Rebecca began her career as a Budget Analyst with Wake County; and WHEREAS, Rebecca designed and managed the implementation of the N.C. Local Government Debt Setoff Clearinghouse. This program enables all counties and cities to submit delinquent debts for repayment through personal income tax refund setoffs. Since its inception in 2001, it has returned over $223 million to counties and cities; and WHEREAS, Rebecca coordinates and oversees the Association's research efforts, working to create the Center for County Research to expand and focus county- centered research and data analysis; and WHEREAS, Rebecca's incredible knowledge of government and legislative issues, and assistance with challenges many North Carolina counties face, has been very beneficial to New Hanover County. In addition, the NCACC's "Fearless Forecast ", has assisted with budget developments during times of frequent shifts in the revenue picture in North Carolina. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby congratulates Rebecca Troutman on her impending retirement, and takes great pleasure in recognizing the significant contributions Rebecca has made to all North Carolina counties, especially New Hanover County. ADOPTED this the 6th day of April, 2015. Beth Dawson, Vice - Chairman Skip Watkins, Commissioner Jonathan Barfield, Jr., Chairman Woody White, Commissioner Rob Zapple, Commissioner ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - April 6, 2015 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 CONSENT DEPARTMENT: County Attorney PRESENTER(S): Sharon Huffman, Deputy County Attorney CONTACT(S): Sharon Huffman SUBJECT: Ratification of Issuance of Special Use Permit 5 as Directed by Judge Gary Parsons BRIEF SUMMARY: The Board of Commissioners held a hearing June 2, 2014 to consider an application for a special use permit filed by ACI Pine Ridge, LLC. This resulted in a 2 -2 vote which Judge Gary Parsons found to be a denial of the special use permit request. He further found that it was an error of law to not have approved the request and ordered the issuance of the special use permit. The attached Order granting the special use permit was signed by Chairman Barfield on March 19, 2015. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify the issuance of the attached Order. ATTACHMENTS: Order COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Ratified 5 -0. Board of Commissioners - April 6, 2015 ITEM: 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Mixed Use Development on a 37.9 acre parcel located at the 100 block of Porters Neck Road S -617 (1114) The County Commissioners' held a public hearing on June 2, 2014 to consider application number S -617 submitted by ACI -Pine Ridge, LLC to develop a mixed use development at the 100 block of Porters Neck Road. Based upon the Board of County Commissioners hearing held on June 2, 2014 and the Order of Superior Court Judge W. Douglas Parsons dated February 26, 2015, the Board hereby grants the applicant's request for a special use permit. In doing so the Board makes the following FINDINGS OF FACT and renders the following CONCLUSIONS: The Board finds pursuant to Judge Parsons' Order that the proposed use does satisfy the first general requirement of the Ordinance namely the requirement that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. Judge Parsons' determined that the Board of Commissioners' finding of fact regarding this requirement of the Board was not based upon competent,material or substantial evidence in the record. 2. The Board finds pursuant to Judge Parsons' Order that the proposed use does satisfy the second general requirement of the Ordinance; namely that the use meets all required conditions and specifications. Judge Parsons' determined that the Board of County Commissioners' finding of fact regarding this requirement was not based upon competent, material and substantial evidence in the record. The Board finds that the proposed use does satisfy the third general requirement of the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property. 4. The Board finds that the proposed use does satisfy the fourth general requirement of the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development in New Hanover County. 5. Therefore, pursuant to these findings the Board of County Commissioners conclude that the specific and general requirements necessary for the issuance of a special use permit Board of Commissioners - April 6, 2015 ITEM: 3 - 1 - 1 have been satisfied and it is HEREBY ORDERED that the application for the special use permit be GRANTED and it is hereby issued. Ordered this the / '? Xk day of March, 2015. Jona an Barfie , Ch an Attest: Teresa Elmore, Clerk to the Board Date Board of Commissioners - April 6, 2015 ITEM: 3 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 CONSENT DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau SUBJECT: Second Reading Approval of Solid Waste Franchise for C. Todd's Recycling, LLC BRIEF SUMMARY: New Hanover County requires a County issued franchise to collect solid waste. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The initial franchise period would run for seven years. County Legal, Finance, and Environmental Management have reviewed and approved the franchise request. The franchise request was unanimously approved by the Board of Commissioners at their meeting on March 16, 2015. This is the second reading. A second approval is required for final franchise award. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the County, and to haul all waste to a County designated facility. ATTACHMENTS: C. Todd Recycling LLC COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 4 To The New Hanover County Managers Office The New Hanover County Board of County Commisioner The New Hanover County Attorney's office The New Hanover County Financial office From C. Todd's Recycling LLC (CTR) Charles Dorman (Chuckie D.) 113 Redwood Court Wilmington North Carolina 28412 RE. The following application is in accordance with " Sec 44 -55, Franchise required for soild waste collection section (a)(b)(c) part - 1,2,3,4,5," Applicants requirements for soild waste collection "Sec 44 -55 part (c) 1,2,3,4,5" are as follows (1) C.Todd's Recycling LLC (CTR) Charles Dorman (Chuckie D.) owner 113 Redwood Court Wilmington North Carolina 28412 (2) C.Tood'd Recycling(CTR) at this time has two(2) collection vehicles and Four Hundred(400) ninty five gallon(95) roll carts. One verical bailer. At this time CTR has enough equipment to start servicing 100 trash customers and will obtain new roll carts, a new collection vehicle and a new Vertical bailer as the trash customers demand increases. (3) CTR has two(2) employees at this time and will be hiring four(4) more employees as customer demand increases. 1 Truck Driver and 3 material handlers. (4) C.Todd's Recycling LLC (CTR) was established in February 1, 2007 cleaning up and recycling C &D from new home construction sites, recycling wood, sheet rock, bricks and blocks in New Hanover County. In January of 2008 C.Todds Recycling was awarded an ABC Recycling grant from RBAC and the state of North Carolina. At that time, we stopped with the C &D collections and started collecting glass, cardboard, plastic, tin,and aluminum from bar and restaurants only. CTR presently has 187 New Hanover County ABC permitted customers keeping them in accordance with North Carolina House Bill 1518. 124 ABC permitted customers in Brunswick, Onslow, Dulin and Columbus County. CTR collects about 35 to 60 tons of alcohol related glass, 6,000 lbs of cardboard, 1,000lbs of aluminum, 1,200lbs of plastic and 200ibs of tin each week and depending on the time of the year. CTR provides all customers with approved containers, 95 gallon roll carts, at their location to assist in the collecting of their recyclable materials. CTR stores all recyclable materials at their storage yard. At CTR facility all recyclables are cleaned, bailed, and distributed back into the mainstream economy. Some of the materials that we collected just can't be recycled and it goes to the New Hanover County Land Fill. (5) Enclosed you will find CTR's 2013 tax returns prepared by my certified public accountant. Board of Commissioners - April 6, 2015 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 1416]0169 OWN Y DEPARTMENT: Sheriff PRESENTER(S): Sheriff McMahon CONTACT(S): Fonda Price, Administrative Support Specialist SUBJECT: Ratification of Application to the MacArthur Foundation for the Safety and Justice Challenge Grant BRIEF SUMMARY: The Sheriff wished to apply for a grant from The MacArthur Foundation for the Safety and Justice Challenge Grant. The Foundation supports a nationwide network of selected local jurisdictions committed to finding ways to safely reduce jail incarceration, with focus on addressing disproportionate impact on low- income individuals and communities of color. Phase 1 is Planning. Up to twenty selected sites will receive a $150,000 grant to support a six -month planning process. If awarded, we would proceed to Phase 2, which is implementation. The strategy is to bring together the stakeholders of our local judicial system in a partnership to reduce the jail population as well as reform our local criminal justice system in order to reduce the amount of unnecessary incarcerations. Due to the time constraint of the application, the application has already been submitted. If awarded, a budget amendment will be presented to the Board for approval. The grant allows it to be spent on salaries, software, etc. No County matching funds are required. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify the submission of the application to The MacArthur Foundation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 CONSENT DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Approval of an Application for the Waiver of Landfill Tipping Fees for the 2015 North Carolina Azalea Festival BRIEF SUMMARY: The Environmental Management Department has received an application from the 2015 North Carolina Azalea Festival for the waiver of landfill tipping fees. The event will be held April 8 -12, 2015, and is estimated to generate 10 -11 tons of waste, resulting in the waiver of approximately $594 in tipping fee revenues. The waste will be transported by Coastal Ladies Carting (Pink Trash). The landfill has waived a total of $126,363 in tipping fees (2,514 tons) fiscal year to date, from all sources. The Environmental Management Director recommends approval of the waiver request, with a maximum cap of twelve (12) tons eligible for the fee waiver for the duration of the event. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the application to waive landfill tipping fees for up to twelve (12) tons of waste generated within New Hanover County for the duration of the 2015 North Carolina Azalea Festival event. ATTACHMENTS: Application for Tipping Fee Waiver - 2015 NC Azalea Festival COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 6 03/1912015 23 38 9107814124 RENT -A' -JOHN #2221 P.0021003 APPLICATION FOR WAIVER OF TIPPING FEES This form should be completed and submitted to the Director of Environmental Management for consideration waiver o esta E 1i Lees. The Director will pt a- of b*1110*& review the application audou-Ae a r1eew afibit-tothe lrazof County Commissioners. Submit the c9=' pletia f 4. jmisuleymaD 40� i!Director, E nm Management 3002 US Highway wihningtoix, NC OX,A, A 111011 kA'NZ'k 10 De compie 1 .40 wamq� -, I" I ej k yganizadon .. ... .... P0 =maim— A Wff Owl --0 .4 F. S LA 12 ta: qn ct '117 40no • Emil Addre4.- 2A IN f . ... i is mission Axon0') 1& ..... ..... . X 2.) What type -d. doe o I 'on prov-&-to Ore residents of New Hanover Co 3.) Outline the necessity of this request and its impact on your organization: 4f-4r ... ........ Boa._.... _....... . ....- .,,,, rd of Commissioners - pri , 2 015 -------------- ITEM: 6 - 1 - 1 03/19/2015 23:38 8107814124 RENT-A-JOHN t2221 P-003/003 i 4.) Have tipping fees been waived in the past for this organization (circle over Y YE NO 5.) Please attach a PY. -.doui�qrga oz's iffiqft IRS status my, 406.um6ftgon 4f % 1P, ll�- cmanil e t*ft? &) mmy s-oK Zobic yards) of expeeW waste Whattis 19ke esthnawd amount ount (in6j. Tons OR c#0 that the info tep and that I o., w- d,,'b oast .1 also MR y my organk�tk� tha d4oms or is my orgmiwion b r4ums or Pr0*4 WV114be dbposed of. Cc: NHC Landfill Mgr. Clerk to the Board Board of -CUR - April ITEM: 6 - 1 - 2 r-oved -+6 r iL ale qn04 Date: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 CONSENT DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Finance Director CONTACT(S): Lisa Wurtzbacher and Tim Burgess, Assistant County Manager SUBJECT: Approval of an Amendment to the Interlocal Agreement for the Flemington Force Main BRIEF SUMMARY: In November 2014, the Board of County Commissioners approved an interlocal agreement between New Hanover County, Cape Fear Public Utility Authority, and the City of Wilmington to fund the construction of a 12 -inch force main beneath the Northeast Cape Fear River near the Sweeney Water Treatment Plant as the first step to bring sewer service to the U.S. 421 corridor. The project cost is estimated at $1.2M with the County and the Cape Fear Public Utility Authority contributing $600,000 each towards funding the project. The City would contribute to the project by a reimbursement of cost to the County and the Authority if property was annexed into the City that would contribute to the flow through the force main. This reimbursement provision expires after ten years. The Authority has received bids for the project as one 12 -inch force main and as two 8 -inch force mains. Both of these designs are within the $1.2M budget. The bid for the two 8 -inch force mains was $32,000 more than the one 12 -inch force main, however, the two 8 -inch force main design will allow the Authority to manage flows better. The attached amendment has been prepared by the Authority to consider this change. The County Manager's Office made this Interlocal Agreement ask known to the Board of Commissioners in a memo March 13, 2015. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the amendment to the interlocal agreement. ATTACHMENTS: Amendment to Interlocal Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - April 6, 2015 ITEM: 7 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 7 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER INTERLOCAL AGREEMENT AMONG CAPE FEAR PUBLIC UTILITY AUTHORITY, NEW HANOVER COUNTY AND CITY OF WILMINGTON REGARDING INFRASTRUCTURE IMPROVEMENTS THIS INTERLOCAL AGREEMENT (hereinafter, "Agreement ") is made and entered into this the day of , 2015, by and among CAPE FEAR PUBLIC UTILITY AUTHORITY, a body politic and corporate of the State of North Carolina (hereinafter, "Authority'), NEW HANOVER COUNTY, a body politic and corporate of the State of North Carolina (hereinafter, "County") and CITY OF WILMINGTON, a North Carolina municipal corporation (hereinafter, "City"). WITNESSETH: WHEREAS, the Authority, the County and the City entered into an agreement on January 20, 2015 that established cost reimbursement provisions to the Authority by the City and County; and WHEREAS, the Authority has designed both a 12 -inch force main and dual 8 -inch force mains to be constructed beneath the Cape Fear River near the western terminus of Cowan Street in the City, near the Authority's Pump Station 12; and WHEREAS, it is beneficial for the Authority to construct two eight -inch force mains instead of one 12 -inch force main as provided for in the original agreement which will allow for flexibility in operation and maintenance of the force main system; and WHEREAS, either the installation of a combination of two 8 -inch force mains or one 12- inch force main is consistent with the Authority's master plan to serve the area. NOW, THEREFORE, in consideration for the mutual covenants contained herein, the parties agree as follows: 1. The Agreement entered into on January 20, 2015, shall be amended to allow the Authority to construct two eight -inch force mains instead of one 12 -inch force main. 2. The County and City agree to reimburse the Authority for the construction of the two -eight inch force mains according to the terms in the original contract. 3. All other portions of the original agreement remain in full force and effect. Board of Commissioners - April 6, 2015 ITEM: 7 - 1 - 1 This, the day 12015. (SEAL) ATTEST: James G. Brumit, Secretary CAPE FEAR PUBLIC UTILITY AUTHORITY 0 Patricia O. Kusek, Chairman This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act this the day of 12015. Authority Finance Officer STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public of the State and County aforesaid, certify that James G. Brumit personally appeared before me this day and acknowledged that he is the Secretary of the CAPE FEAR PUBLIC UTILITY AUTHORITY, a North Carolina body politic and corporate, and that by authority duly given and as the act of the Authority, the foregoing instrument was signed in its name by its Chairman Patricia O. Kusek, sealed with its corporate seal and attested by him as Secretary. WITNESS my hand and notarial seal, this Notary Public My Commission Expires: (Seal) day of 12015. Board of Commissioners - April 6, 2015 ITEM: 7 - 1 - 2 (COUNTY SEAL) ATTEST: Teresa P. Elmore, Clerk to the Board NEW HANOVER COUNTY By: Jonathan Barfield, Jr., Chairman This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act this the day of 12015. Lisa Wurtzbacher, County Finance Officer STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public of the State and County aforesaid, certify that Teresa P. Elmore personally appeared before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman Jonathan Barfield, Jr., sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and notarial seal, this day of 12015. Notary Public My Commission Expires: (Seal) Board of Commissioners - April 6, 2015 ITEM: 7 - 1 - 3 CITY OF WILMINGTON Bill Saffo, Mayor ATTEST: Penelope Spicer - Sidbury, City Clerk [CITY SEAL] Approved as to form: William E. Wolak, City Attorney STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public of County, North Carolina, certify that Penelope Spicer - Sidbury personally came before me this day and acknowledged that she is City Clerk of the City of Wilmington, and that by authority duly given and as the act of the Council, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by herself as its City Clerk. WITNESS my hand and official seal, this day of 12015. Notary Public My commission expires: CERTIFICATION This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act. This _ day of 12015. Debra H. Mack, City Finance Officer Project Number: Account Number: Amount of Contract: $ Federal ID Number: (if applicable) Board of Commissioners - April 6, 2015 ITEM: 7 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 CONSENT DEPARTMENT: DSS PRESENTER(S): Wanda Marino, Social Services Assistant Director CONTACT(S): Wanda Marino SUBJECT: Adoption of Child Abuse Prevention Month Proclamation BRIEF SUMMARY: April is Child Abuse Prevention Month in North Carolina. The New Hanover County Department of Social Services is submitting a proclamation to recognize April as Child Abuse Prevention Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CHILD ABUSE PREVENTION MONTH PROCLAMATION APRIL 2015 WHEREAS, children are vital to our state's future success, prosperity and quality of life as well as being our most vulnerable assets; and WHEREAS, all children deserve to have safe, stable, nurturing and healthy homes and communities that foster their well- being; and WHEREAS, child abuse and neglect is a public responsibility affecting both the current and future quality of life of a state; and WHEREAS, parents need support and resources to help cope with stress and nurture their children to grow to their full potential; and WHEREAS, effective child abuse prevention strategies succeed because of partnerships created among citizens, human service agencies, schools, faith communities, health care providers, civic organizations, law enforcement agencies, and the business community; and WHEREAS, New Hanover County is committed to preventing child abuse and calls upon the citizens from all walks of life to increase their participation in efforts to support families, and thereby prevent child abuse and strengthen communities. NOW, THREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of April 2015 be recognized as "Child Abuse Prevention Month" in New Hanover County. The Board calls upon all citizens, community agencies, father groups, medical facilities, elected leaders and businesses to increase their participation in our efforts to support families, thereby preventing child abuse and strengthening the community in which we live. ADOPTED this the 6th day of April, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - April 6, 2015 ITEM: 8 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 CONSENT DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual ordinance for the fiscal year ending June 30, 2015: 15 -053 Department of Social Services 15 -054 Health Department 15 -056 Library 15 -057 Department of Social Services STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: B/A 15 -053 B/A 15 -054 B/A 15 -056 B/A 15 -057 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 9 AGENDA: April 6, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET BY BUDGET AMENDMENT 15 - 053 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 15 -053 be made to the annual budget ordinance for the fiscal year ending June 30, 2015. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Fund Department: Social Services Expenditure: Decrease Increase Department of Social Services $11,624 Total $0 $11,624 Revenue: Decrease Increase Adoption Assistance Funds $11,624 Total $0 $11,624 Section 2: Explanation This budget amendment reflects the Adoption Assistance funds of $11,624 received as reimbursement for eligible children for the months of September 1, 2014 through October 31, 2014. These funds are put back into the daycare account. The Department of Social Services (DSS) estimates how many children they can enroll in daycare. DSS makes an assumption that there will be a certain amount of turnover. Turnover to date has been less than anticipated. Therefore, the waiting list will not be affected by this budget amendment. 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 15 -053, amending the annual budget ordinance for the fiscal year ending June 30, 2015, is adopted. Adopted, this 6th day of April, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - April 6, 2015 ITEM: 9 - 1 - 1 AGENDA: April 6, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET BY BUDGET AMENDMENT 15 - 054 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 15 -054 be made to the annual budget ordinance for the fiscal year ending June 30, 2015. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Department: Health Expenditure: Decrease Increase Health $4,038 Total $0 $4,038 Revenue: Decrease Increase NC Health & Human Services grant $4,038 Total $0 $4,038 Section 2: Explanation The Health Department has been notified by the NC Department of Health & Human Services /Division of Public Health/Women's & Children's Health Division of additional funding available to New Hanover County in the amount of $4,038. Specifically this funding supports pregnancy care management services for uninsured pregnant and postpartum women who are ineligible for Medicaid, do not have Medicaid Presumptive Eligibility coverage or who have completed their Medicaid Presumptive Eligibility period, and have no other coverage for these services. This increase is in reinstatement of funding initially reduced in October 2014, and is based on grant funding the State received. 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 15 -054, amending the annual budget ordinance for the fiscal year ending June 30, 2015, is adopted. Adopted, this 6th day of April, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - April 6, 2015 ITEM: 9 - 2 - 1 AGENDA: April 6, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET BY BUDGET AMENDMENT 15 - 056 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 15 -056 be made to the annual budget ordinance for the fiscal year ending June 30, 2015. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Support programs to improve educational performance Fund: General Department: Library Expenditure: Decrease Increase Library $5,350 Total $0 $5,350 Revenue: Decrease Increase Smart Start of New Hanover County grant $5,350 Total $0 $5,350 Section 2: Explanation The Library has been awarded a grant from Smart Start of New Hanover County for the Reach Out and Read program. The program is dedicated to pre -k students and prepares them to be successful in a 21St century world. The grant was included in the FY14 -15 budget in the estimated amount of $5,000. The actual award is $10,350, therefore this budget amendment will increase the grant revenue and expense by $5,350. There is no County cash match required for this grant funding. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 15 -056, amending the annual budget ordinance for the fiscal year ending June 30, 2015, is adopted. Adopted, this 6th day of April, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Ehnore, Clerk to the Board Board of Commissioners - April 6, 2015 ITEM: 9 - 3 - 1 AGENDA: April 6, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET BY BUDGET AMENDMENT 15 - 057 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 15 -057 be made to the annual budget ordinance for the fiscal year ending June 30, 2015. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage the budget Fund: General Department: Social Services Expenditure: Decrease Increase Department of Social Services $14,217 Total $0 $14,217 Revenue: Decrease Increase Incentive Payments $14,217 Total $0 $14,217 Section 2: Explanation Additional monies received through DSS incentive payments will be used to administer the Family Support Program. This program works to expand the ability to assist fathers to become better parents and support their children financially. It works with non - custodial parents referred from Child Support Court and the New Hanover County Child Support Office and is 100% funded through child support enforcement incentive payments. North Carolina earns incentive payments based on the Child Support Program performance as compared to the other states in the nation. 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 15 -057, amending the annual budget ordinance for the fiscal year ending June 30, 2015, is adopted. Adopted, this 6th day of April, 2015. (SEAL) Jonathan Barfield, Jr., Chairman Teresa P. Elmore, Clerk to the Board Board of Commissioners - April 6, 2015 ITEM: 9 - 4 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 REGULAR DEPARTMENT: County Manager PRESENTER(S): Meredith Staley, The Rape Crisis Center Advocate /Educator, Coastal Horizons Center, Inc. CONTACT(S): Jessica Green, The Rape Crisis Center Supervisor and Emmy Gibson, The Rape Crisis Center Volunteer Coordinator / Office Manager SUBJECT: Consideration of Sexual Assault Activism Month Proclamation BRIEF SUMMARY: Emmy Gibson, The Rape Crisis Center Volunteer Coordinator /Office Manager of Coastal Horizons Center, Inc., submitted the attached proclamation for the Board's consideration. Meredith Staley, The Rape Crisis Center Advocate /Educator, will be present to receive the proclamation. In addition to the proclamation, New Hanover County provides $10,000 in funding to the Rape Crisis Center. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Sexual Assault Activism Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISIONERS SEXUAL ASSAULT ACTIVISM MONTH PROCLAMATION APRIL 2015 WHEREAS, Sexual Assault Activism Month is intended to draw attention to the fact that sexual violence is widespread and has public health implications for every community member of New Hanover County; and WHEREAS, The Rape Crisis Center staff and DEDICATED volunteers served more than 450 new sexual violence victims and their loved ones in the past year providing free and confidential support, advocacy, and counseling 24 hours a day, 7 days a week and 365 days a year; and WHEREAS, with leadership, dedication, and encouragement, there is compelling evidence that we can be successful in reducing sexual violence in New Hanover County through prevention education, increased awareness, and holding perpetrators who commit acts of violence responsible for their actions. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of April 2015 be recognized as "Sexual Assault Awareness Month" in New Hanover County; and BE IT FURTHER PROCLAIMED that the Board of Commissioners pledges themselves and asks our citizens, professional and volunteer, to TAKE ACTION NOW to assist The Rape Crisis Center's UNTIRING efforts to eliminate sexual violence from our families, our neighborhoods, and our community. The Board of Commissioners also pledges and asks our local businesses and citizens to participate in Sexual Assault Activism Month campaigns and events in order to spread awareness and take action. ADOPTED this the 6th day of April, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - April 6, 2015 ITEM: 10-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 REGULAR DEPARTMENT: Aging PRESENTER(S): Tracy Ash, Program Manager, Retired and Senior Volunteer Program CONTACT(S): Tracy Ash SUBJECT: Adoption of County Day of Recognition for National Service Proclamation BRIEF SUMMARY: New Hanover County sponsors two Senior Corps Programs: the Retired and Senior Volunteer Program, and the Foster Grandparent Program. Both programs engage seniors 55 years of age and older to volunteer in the community in which they live at non - profit agencies. In New Hanover County we have over 900 volunteers serving New Hanover County Schools, Home Delivered Meals, Assisting other seniors with Medicare Supplemental Plans and Prescription Drug Assistance, Volunteer Income Tax Assistance, Historical and Cultural Attractions, Disaster Preparedness, Literacy and Computer Training, Local Food Banks, Hospitals and Hospices in New Hanover County and assisting our local Veterans. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: County Day of Recognition for National Service Logo County Day of Recognition for National Service Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 6, 2015 ITEM: 11 e4 r%T T 1ILT rP IF T"% 7T IF of Recognition for National Service Board of Commissioners - April 6, 2015 ITEM: 11-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS COUNTY DAY OF RECOGNITION FOR NATIONAL SERVICE PROCLAMATION WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and WHEREAS, the nation's counties are increasingly turning to national service and volunteerism as a cost - effective strategy to meet county needs; and WHEREAS, participants in Senior Corps address the most pressing challenges facing our cities and nation, from educating students for jobs in the twenty -first century and supporting veterans and military families, to providing health services and helping communities recover from natural disasters; and WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and WHEREAS, Senior Corps participants serve in more than 60,000 locations across the country, currently in New Hanover County there are approximately 900 Senior Corps volunteers at over 70 non - profits, bolstering the civic, neighborhood, and faith -based organizations that are so vital to our county's economic and social well - being; and WHEREAS, more than 900 national service participants 55 years of age and older serve in New Hanover County, providing vital support to county residents and improving the quality of life in our county; and WHEREAS, national service participants increase the impact of the organizations they serve, both through their direct service and by managing millions of additional volunteers; and WHEREAS, national service represents a unique public - private partnership that invests in community solutions and leverages non - federal resources to strengthen community impact and increase the return on taxpayer dollars; and WHEREAS, national service participants demonstrate commitment, dedication and patriotism by making an intensive commitment to service, a commitment that remains with them for life; and WHEREAS, the Corporation for National and Community Service shares a priority with county executives nationwide to engage citizens, improve lives, and strengthen communities; and is joining the National Association of Counties and county executives across the country for the County Day of Recognition for National Service on April 7, 2015. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 7, 2015 be recognized as "County Day of Recognition for National Service" in New Hanover County and that residents are encouraged to recognize the positive impact of national service in our county and thank those who serve and to find ways to give back to their communities. ADOPTED this the 6th day of April, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - April 6, 2015 ITEM: 11- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 REGULAR DEPARTMENT: Budget PRESENTER(S): Chairman Barfield CONTACT(S): Chris Coudriet, County Manager SUBJECT: Presentation of Distinguished Budget Presentation Award for the Fiscal Year Beginning July 1, 2014 BRIEF SUMMARY: Notification has been received from the Government Finance Officers Association of the United States and Canada that New Hanover County has qualified to receive the Distinguished Budget Presentation Award for the 24th consecutive year. The award is for New Hanover County's budget submitted for the fiscal year beginning July 1, 2014. The award is the highest form of recognition in governmental budgeting. The budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the effectiveness of the budget as a policy document, a financial plan, an operations guide, and a communication device. Award - winning documents must be rated "proficient" in all four categories. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend that the Distinguished Budget Presentation Award be presented to the New Hanover County Budget Department. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present award. COMMISSIONERS' ACTIONS: Presented award. Board of Commissioners - April 6, 2015 ITEM: 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Tamara Murphy) CONTACT(S): Brad Schuler and Ben Andrea, Current Planning /Zoning Supervisor SUBJECT: Public Hearing Special Use Permit Request (S -625, 3115) - Request by Keresa Anderson -Young to Operate a Child Care Center at Her Residence at 7245 Savanna Run Loop BRIEF SUMMARY: At their March 5, 2015 meeting, the Planning Board voted 7 -0 to recommend approval of the special use permit with the following condition: 1. Hours of operation shall be limited to 7:00 am to 6:00 pm. Two people spoke in opposition to the request, expressing concerns about noise, traffic, and potential conflicts with the subdivision's restrictive covenants. The property is classified as Wetland Resource Protection according to the 2006 CAMA Land Use Plan. The property is zoned R -10, Residential. The zoning ordinance requires child care centers to obtain a Special Use Permit when located within the R -10 zoning district. A child care center is an arrangement where, at any one time, there are three or more preschool -age children or nine or more school -age children receiving care. The applicant is seeking to provide care for up to 10 preschool -age children. In addition to obtaining a Special Use Permit, the North Carolina Department of Health and Human Services also regulates these facilities and imposes additional standards that address a variety of safety and health related issues. The zoning ordinance was amended in late 2013 to make the county's regulations on these facilities more consistent with the state's regulations. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED (Choose one): Board of Commissioners - April 6, 2015 ITEM: 13 1. Motion to Approve (with or without conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the four categories in the Findings of Fact, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff suggests the following motion: Motion for Approval of the Special Use Permit with the following condition: 1. Hours of operation shall be limited to 7:00 am to 6:00 pm. ATTACHMENTS: Script for BOC S -625 S -625 Petition Summary S -625 Staff Analysis BOC S -625 Neighbor Properties Map S -625 Zoning - Aerial Map S -625 CAMA Map S -625 Water -Sewer Map Application Materials Cover S -625 Application Proposed Site Plan Cover S -625 Proposed Site Plan S -625 NCDHHS Building Info Community Comments Cover S -625 Letters of Support Opposition Comments Cover S -625 Neighbor Opposition Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with the suggested condition. COMMISSIONERS' ACTIONS: Continued to the May 1 meeting at the request of the petitioner 5 -0. Board of Commissioners - April 6, 2015 ITEM: 13 SCRIPT FOR Special Use Permit (S -625, 03/15) Request by Keresa Anderson -Young to operate a child care center at her residence at 7245 Savanna Run Loop. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board of Commissioners discussion 5. A Special Use Permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Planning Director. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 7. Vote on the special use permit. ❑ Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ❑ Motion to deny the permit because the Board cannot find: ❑ a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: Board of Commissioners - April 6, 2015 ITEM: 13- 1 - 1 ❑ b. That the use meets all required condition and specifications: c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: Board of Commissioners - April 6, 2015 ITEM: 13- 1 - 2 Case S -625, (3/15) Special Use Permit request to operate a child care center in a R -10 zoning district Petition Summary Data Parcel Location & Acreage: 7245 Savanna Run Loop, 0.21 acres Petitioner /Owner: Keresa Anderson -Young Delton Yong Existing Land Use: Single - Family Dwelling Zoning History: Initially zoned R -15 via Area 813 (July 7, 1972) Area rezoned to R -10 on June 5, 1995 (Z -535). Land Classification: Wetland Resource Protection Water Type: Public Sewer Type: Public Recreation Area: Ogden Park Access: Access provided by Savanna Run Loop, which connects into Putnam Drive Fire District: Watershed & Water Qualit, Classification: Conservation /Historic/ Archaeological Resources: Soils and Septic Suitability: Schools: New Hanover County North C Smith Creek (C;Sw) None Murville Fine Sand (Mu) — Severe: Wetness /Flooding Castle Hayne Elementary, Trask Middle, Laney High S-625,3/15 Page 1 of 1 Board of Commissioners - April 6, 2015 ITEM: 13- 2 - 1 SPECIAL USE PERMIT 5 -625: Request for a Special Use Permit to operate a child care center in a R -10 zoning district. Request By: Keresa Anderson -Young Location: 7254 Savanna Run Loop PID: R04400- 001 - 390 -000 PLANNING BOARD ACTION: At their March 5, 2015 meeting, the Planning Board unanimously (7 -0) passed a motion to recommend approval of the application with the following condition: 1. The hours of operation shall be limited to 7:00 am to 6:00 pm. Summary of Request The applicant, Keresa Anderson - Young, is requesting a Special Use Permit to operate a child care center at her residence at 7254 Savanna Run Loop. The site is zoned R -10, Residential District. A child care center is an arrangement where, at any one time, there are three or more preschool -age children or nine or more school -age children receiving child care. The applicant is seeking to provide care for up to 10 preschool -age children. The zoning ordinance was amended in late 2013 to modify how child care facilities are regulated. The purpose of the text amendment was to make the county's regulations more consistent with the state's regulations. As a result, two uses were created: child care centers and family care homes. The main differences between the two uses are the number of children allowed to be cared for, and typically where they are located. A family care home may care for up to eight children (maximum of two preschool -age children) and are located within a residence; while a child care center may care for more children and are generally a more commercially- oriented facility, though they can also locate within a residence provided they do not care for more than 12 children (per state requirements). The North Carolina Department of Health and Human Services (NC DHHS) regulates these facilities and imposes additional standards that address a variety of safety and health related issues. In addition to obtaining the SUP, the applicant must also obtain approval from NC DHHS prior to operating a child care center. Please note that the NC DHHS may further limit the S -625 Board of Commissioners - April 6, 2015 ITEM: 13- 3 - 1 Pagel of 5 number of children allowed to be cared for, depending on the design of the residence. Included in the packet is information on the building standards required by NC DHHS. For more information on the state's child care standards, please visit: http: / /ncchildcare.nc.gov /providers /pv sn2 rcc.asp Another item addressed in the 2013 text amendment was required parking improvements for these facilities. Previously, the same parking improvements for commercial businesses were required for these facilities. However, the text amendment reduced those required improvements after the county received consistent concern from the adjacent and neighboring property owners. While the neighbors generally supported the business, they did not support the parking improvements, which can transform the character of a residential property to more commercially natured. Since the amendment, staff has allowed the required parking to be located within the driveway of the subject property. �r htinomum Pokq Spo<e 6lmcecloe® 8.5' x I B' ; A ewoY Dn—y WIdr; Acpm 18' S4V4Myq'RUN— In this application, the applicant is required to i _n = sa fe. have four parking spaces. Two spaces are I a o- required are the single - family dwelling, and two spaces are required for the child care center. Two spaces are generally a sufficient amount as the parking is very short term and staggered during the pick -up and drop -off times. The applicant has provided pictures, and staff prepared a site plan in conjunction with the applicant illustrating that four parking spaces are available within the existing driveway. The parcels immediately surrounding the site contain predominately single - family residential with many subdivisions within the area. The property is located within Park Ridge at Westbay Estates subdivision, and to the north are Putnam Run at Westbay Estates and Alamosa subdivisions. South of the property is Ogden Park. S -625 Board of Commissioners - April 6, 2015 ITEM: 13- 3 - 2 Page 2 of 5 Preliminary Staff Findings of Fact (In Accordance with Section 71 of the New Hanover County Zoning Ordinance) Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The use is subject to additional health and safety standards imposed by the North Carolina Department of Health and Human Services. B. The subject property is located in the New Hanover County North Fire Service District. C. The property can accommodate the required amount of off street parking, which is two spaces for the single - family dwelling, and two spaces for the child care center. D. The subject site does not host any known cultural or archaeological resources. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Child care centers are allowed by Special Use Permit in the R -10 zoning district. B. The property complies with the off street parking requirements of Article VIII of the zoning ordinance. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. S -625 Board of Commissioners - April 6, 2015 ITEM: 13- 3 - 3 Page 3 of 5 Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The subject property is zoned R -10. B. Child Care Centers are permitted by Special Use Permit in the R -10 zoning district. C. The subject site is completely surrounded by residential uses; outdoor improvements for the Child Care Center will be limited to demarcating to existing off - street parking spaces and the installation of a fence, in harmony with the residential community. D. The North Carolina Department of Health and Human Services limits the number of children that can be cared for at a Child Care Center located in a residential dwelling to 12 children. E. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. Finding 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Wilmington -New Hanover County CAMA Land Use Plan classifies the property as Wetland Resource Protection, and the proposal is not in conflict with the intent of the Wetland Resource Protection land use classification, and additionally, not in conflict with any other policy of the 2006 CAMA Land Use Plan. B. The use will comply with Policy 4.3 of the 2006 CAMA Land Use Plan which calls for having commercial uses in close proximity to the markets they serve and to ensure that such commercial uses do not diminish the quality of life in residential areas. Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity with the plan of development for New Hanover County. SUMMARY Staff concludes that the applicant has demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the information submitted, the applicant has demonstrated that the proposal is not in conflict with the management strategy for the Wetland Resource Protection land use classification, and not in conflict with any other policies of the CAMA Land Use Plan. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. S -625 Board of Commissioners - April 6, 2015 ITEM: 13- 3 - 4 Page 4 of 5 ACTION NEEDED (Choose one): 1. Motion to Approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff suggests the following motion: Motion for Approval of the Special Use Permit with the following condition: 1. Hours of operation shall be limited to 7:00 am to 6:00 pm. S -625 Board of Commissioners - April 6, 2015 ITEM: 13- 3 - 5 Page 5 of 5 «�\ N± \ § .. 0 §E \ E ) � 0 j ®o .. 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I $ 19 m j\ �) CL m ) . n )/ ¥ [ 0 9 » �Ra Z0 §({0 «\ _ § � LO � ) r- 1110 z y w � IONYH Board e Commissioners -Apri m m, ITEM ss, Board of Commissioners - April 6, 2015 ITEM: 13-7-1 APPLICANT MATERIALS Board of Commissioners - April 6, 2015 ITEM: 13- 8 - 1 uC NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for SPECIAL USE PERMIT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 -798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Keresa Andersen -Young Delton Young 7245 Savanna Run Loop Company Owner Name 2 Parcel ID(s) Keresa Anderson -Young Address Address Area 7245 Savanna Run Loop 7245 Savanna Run Loop 0.21 acres City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28411 Wilmington, NC 28411 R -15 Residential Phone Phone Proposed Use (910) 4709993 (910) 470 -9993 Child Care Center Email Email Land Classification Keresa28471 @yahoo,com 10 -1 Fam Res Application Tracking Information (Staf Only) Case Number Date/Time received: Received by: APPLICATION OVERVIEW In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to Special Use Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to Special Use Permits: • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses • Section 111: Petitions Applications for Special Use Permits (with the exception of single family dwellings on individual lots) must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Board of Commissioners - April 6, 2015 ITEM: 13- 9 - 1 APPLICATION REQUIREMENTS In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. Applications for single - family dwellings, including mobile homes, on individual lots do not require Planning Board review and must be submitted to Planning Staff twenty (20) working days before the Commissioners meeting. For High Density Residential projects, a High Density Residential application and High Density Checklist must also accompany this application. The New Hanover County Technical Review Committee (TRC) must also review a High Density Residential project prior to submitting this application. For all proposals, in addition to this application, the following supplemental information and materials are required.: Required. Information Applicant Staff Initial Initial Narrative of Proposed Use Traffic Impact Worksheet Traffic Impact Analysis (if applicable) Site Plan (8 -2406 copies for Planning Board; 8- 24x.36 copies for Commissioners) KA • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right- of-way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) Authority for Appointment of Agent Form if applicable) Fee - $500; $250 if application pertains to a residential use (i.e. mobile home, KA duplex family child care home Board of ComWsatel& 24- April 6, 2015 ITEM: 13- 9 - 2 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: 1. The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." -7245 Savanna Run Loop is serviced by county water and sewer service. -The facility will be required to be inspected by and meet expectations of the county Santation Department and County Fire Inspectors. -7245 Savanna Run Loop is 1.5 miles of the New Hanover County Fire Department on Market street (7375) - Traffic on Savanna Run Loop is very light and the facility traffic will be minimal_ 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. -7245 Savanna Run Loop is zoned R -15 residential. -No on- premise signs will be placed outside. -Two off- street parking spaces for drop -off and pick -up will be provided as required per section 81 of the zoning ordinance. The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." -The improvements that will be made at 7245 Savanna Run Loop will be interior with No change to the outside structure. -A fence is installed to provide a safe outdoor play are. The fence is similar to surrounding houses in neighborhood. - Similar in -home family child care centers exist in residential districts in New Hanover County. -No knowledge or evidence that this proposal to have a center would decrease the value of residents that live nearby. 4. The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." -There will be NO new structure on the property for the Child Care. The chapter will be preserved along with the quality of living for the neighborhood. -Odgers Park is less than a mile from 7245 Savanna Run Loop, which encourages the Harmony of family within the area. -The proposal is consistent with policy 5.7 of the county's land use plan, which states, "preserve the character of the area's existing residential neighbors and quality of life". - We chose this neighborhood because it was a very nice and was a friendly environment. The people in the neighborhood is nice and it has a lot of families with children who would love a home Child Care environment. Board of CommRissionW - April 6, 2015 ITEM: 13- 9 - 3 Section 72 of the Zoning Ordinance provides additional requirements for the following Special Use Permits. Please supplement your application with all necessary material to meet any additional requirements if your use is any of the following: • Cemetery • Convenience Food Store • Hospital or Nursing and Personal Care Facilities • Private Club or Lodge and Fraternal and Social Organizations • Sanitary Landfill • Travel Trailer Park • Family Child Care Home • Kennel • Mobile Home • Non - Residential Off - Street Parking • Commercial Marina • Septage and Sludge Disposal • Outdoor Shooting Ranges • Adult Entertainment Establishment • Indoor /Outdoor Recreation Establishments • Community Boating Facility • Residential Uses within Commercial Districts • Bed and Breakfast Inn • Electronic Gaming Operation • Farmers Market or Produce Stands in Residential Zoning Districts • Mining • High Density Development Senior Living Options 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. In granting a Special Use Permit, conditions may be designated to assure that the use in its proposed location is harmonious with the spirit of the Zoning Ordinance, CAMA Land Use Plan and any other adopted plans that are applicable. All conditions become part of the special use permit and run with the land. A Special Use Permit shall become null and void if construction or occupancy of the proposed use as specified and approved is not commenced within 24 months of the date of issuance. By my signature below, I certify that this application is complete and that all of the information p ,esented in this application is accurate to the best of my knowledge, information, and belief. i. ..�. •2� 'i VL Signature of Petitioner and/or Prop ty Owner Print Name Pope of Board of Commissioners - April 6, 2015 ITEM: 13- 9 - 4 Narrative of Proposed Use I, Keresa Anderson would like to obtain a Child Care Center in a Residence for up to 10 Pre - School age children at 7245 Savanna Run Loop, Wilmington NC. The area that I will be using has a square footage of 520 sq. feet. For 10 children, 250 sq. feet total is required for indoor space (25 sq. feet per child). I have 1050 sq. feet of outdoor space and only 750 sq. feet is required for 10 children. My ratio of required staff per child will also be more than required. One staff member and myself will start the daycare full -time. I have my Bachelor's degree in Early Childhood Education and my staff has all required trainings and classes they need. I am a parent of 2 and I have been working with children for 12 years at my previous location. I have never had any issues with traffic or neighbors. No one ever knew I had a Child Care in my home unless I told him or her. There will be no signs or any changes to the outside of home it will maintain harmony in the neighborhood. There has been a big need for in -home Child Care in my area and I'm hoping to become an in -home Licensed Child Care Center with licensing up to 10 children. Board of Commissioners - April 6, 2015 ITEM: 13- 9 - 5 7245 Savanna Run Loop, Wilmington NC 28411 Reflectors on both sides indicating parking spaces Fenced in backyard Reflectors on both sides indicating parking spaces Board of Commissioners - April 6, 2015 ITEM: 13- 9 - 6 Fenced in backyard Lines indicate parking areas for drop off and pick up Board of Commissioners - April 6, 2015 ITEM: 13- 9 - 7 I y, b F w oa aL6 W m u c L Y Y F f z F. z0 Dm 0 U6 u d Y N F Y z cW ic i i V Z O W U � y Z0 z ii o F u u � E x = s !3 u • F nco N W �Y1 IL u ` . J L W O R c"i V � I- z D 0 u u u Y W z r z V w i F N O d Z ❑ z o 0 F W uw q y 0 HD Z z d w ¢ J F E Z 2 I r� Z 0 f + a z 0 a W ll 1 4/3 H z D O a' J, a 0 H V j� i I mi it � 2 O cr LL a W W U LLI 2015 cc ITEM: 13- 9 - 8 R cc 0 LL W ^m V T---E LU ^ m J W w ,� a h o < h ut a c U ut to 7 = 3 J U 1 W 2 J J h F h El F— z U W W z z ® m 0 y A W 2 < z m s w LLI > 0 z Q 2 W u U h W W z PROPOSED SITE PLAN Board of Commissioners - April 6, 2015 ITEM: 13- 10 - 1 �r r Feet fP�7niss�ohe#�SetApril 6, 2015 0 10 20 40 Board o ITEM: 13- 11 - 1 T R a Minimum Parking Space Dimensions: 8.5' x 18' -- y �+ Driveway Length: Approx. 37 -46' Driveway Width: Approx. 18' - SAVANNA RUN Feet fP�7niss�ohe#�SetApril 6, 2015 0 10 20 40 Board o ITEM: 13- 11 - 1 BASIC INFORMATION FOR POTENTIAL PROVIDERS Building • At least 25 square feet of indoor space per child is required. • At least 75square feet of fenced outdoor play space per child is required. • The building must meet current building, sanitation, and fire code requirements and be located in an area free of hazards. • Centers may use domestic kitchen equipment if it meets heating, cooling, and storing requirements as determined by the Division of Environment and Natural Resources. • Plans and specifications for new construction or modifications to any existing or proposed child care centers must be submitted to the local health department and building inspector for review and approval prior to beginning construction. A floor plan must also be submitted to the Division of Child Development and Early Education child care consultant. • The outdoor play area must be free of equipment, litter, animals or other objects that may be hazardous to the children. • Playground equipment must meet all applicable requirements. Equipment and Furnishings An adequate supply of diapers, clean linens, and an individual bed, cot or mat for each child must be provided. Child -size furnishings must be provided and kept in good repair. The practice of specific safety precautions is required in the center. Hazardous items, materials, and equipment may be used by children only under adult supervision. Firearms and other weapons on the premises must be secured so that they are inaccessible to the children. There must be a working telephone on the premises, which is always accessible to caregiving staff. Nutrition ♦ Nutritious meals and snacks which contain the food groups outlined in the Meal Patterns for Children in Child Care must be provided. ♦ The number and size of servings must be appropriate for the age and developmental level of the child. ♦ Arrangements must be made for special diets. ♦ Menus must be planned a week in advance and posted. ♦ Individual written feeding schedules must be followed for children under 15 months of age. 2011 Board of Commissi0 ers - April 6, 2015 Attachment ITEMM- 12 - 1 NC DHHS Building Requirements COMMUNITY COMMENTS Board of Commissioners - April 6, 2015 ITEM: 13- 13 - 1 This page intentionally left blank. Board of Commissioners - April 6, 2015 ITEM: 13- 13 - 2 7258 Savanna Run Loop Wilmington, NC 28411 860 -752 -2158 March 15, 2015 To whom it may concern: I live a few houses away from Keresa Anderson- Young, just across the street. I did not even know she had a day care in her home until I received the notification letter from New Hanover County with her request to expand. Her service does not in any way impact the neighborhood. Her day care has not created any traffic or noise issues whatsoever. She is a great and responsible neighbor who respects all of us. I support her in this on every level. Very sincerely, Marsha dart Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 1 Kelsie Michelle Parham 7225 Savanna Run Loop Wilmington, NC 28411 March 13, 2015 County Commissioner New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Dear County Commissioner: I am writing on behalf of my neighbor, Keresa Anderson- Young. I live just down the street from her. I wanted to let you know that I have never seen any negative aspects to her having an in home daycare. There has never been any traffic problems, or noise issues. As a mother of three children, I know the importance of finding and keeping a trusted person to watch your children, and believe that it would be good thing if Keresa could continue taking care of children. I hope this helps in your decision making and if you have any questions or concerns you would like to address, please don't hesitate to contact me at (434) 851 -3092. Sincerely, K'� Kelsie Michelle Parham Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 2 March 13, 2015 To whom it may concern, There has never been an issue in our neighborhood with traffic. I have never been concerned nor heard anyone complain about traffic in our neighborhood before Keresa Anderson -Young informed us about her home daycare. You cannot tell by the appearance of her house that she hosts a home daycare during the week. I believe it would be a great addition to Park Ridge to have her home daycare be in place for the current residents who have children living here. If you have any questions concerning this issue please feel free to give me a call at 910 -233 -1722. Thank you for your time. Sincerely, Kristi Goodson Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 3 To Whom This May Concern, My name is Christian Stallings, and I am writing on behalf of my neighbor Keresa Anderson - Young. I also live in Park Ridge on the backside of Savanna Run Loop. I believe that her in -home childcare is a great option for our neighborhood. We have many growing families within Park Ridge. Being a mother myself, I know how important it is to have someone you trust taking care of your children. I have heard nothing but great, positive feedback regarding the way Keresa runs her business. Until speaking with fellow neighbors, I was unaware we had someone in the neighborhood providing childcare. Keresa has been nothing but respectful of this neighborhood, and I have never seen a problem due to noise, traffic. I think she is serving a great purpose to our community, and I would love to see her be able to expand to meet the family's needs. Sincere i Christian Stallings 7150 Savanna Run Loop Wilmington, NC 28411 Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 4 3/11/15 To whom it may concern, My name is Sheena Cannady and I am writing on the behalf of my neighbor, Keresa Anderson. I also live in Park Ridge approximately 450 feet away from her residence. I believe that her in -home child care is a great thing for our neighborhood. I have never seen any problems with traffic, loitering, or noise. Until I spoke with a friend in our neighborhood whose child attends her daycare, 1 was unaware that she had an in- home child care. This is because she is so respectful of everyone around her and her home always seems quiet. I think she is serving a great purpose to our community. Sincerely, Sheena Cannady 7205 Savanna Run Loop Wilmington, NC 28411 (828 )216 -4929 Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 5 To Whom It May Concern: My name is April Marable. I live at 7212 Savanna Run Loop, Wilmington, INC 28411. 1 am writing this letter on behalf of Keresa Anderson. I have known Mrs. Anderson for almost a year and have recently enrolled my child in her childcare center. We have been very pleased with Mrs. Anderson's professionalism and kindness shown towards our family. My daughter is always happy to attend Care Bears and appears to enjoy interacting with the staff and other children. As neighbors, we have never had a problem with traffic or congestion due to the childcare center. We would and have recommended Care Bears Childcare to others. We really enjoy having the childcare center in the neighborhood and are excited to see it expand. Thank you for your time. Sincerely, �p Ad J - 1+w, " April Marable Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 6 March 15, 2015 To Whom It May Concern, This letter is in support of Mrs. Keresa Anderson -Young expanding her child care for her Care Bears at home day care. My husband and I have known her just shy of 6 years. I was referred to her by a former co- worker, whose child at that time was at Keresa's daycare. After visiting Keresa and meeting her face -to -face for the first time, both my husband and I felt comfortable with her home /facility and were very impressed at how clean and well maintained everything was. To this day, I am still amazed at how clean her house stays and how she keeps organized while taking care of multiple small children. This is nothing less than a talent of hers! Keresa has cared for both of my sons, and both of them love Keresa and other members of her family. My oldest, Jacob, is 5 years old and in Kindergarten and Ethan is 2 years old. Keresa took care of Jacob from the time he was 6 weeks old until he started Preschool at age 4. During his time there, she cared for him almost as if he was her own child, which I cannot thank her enough for! There were many activities that she had the children take part in, such as going to the Children's Museum of Wilmington, visiting Santa at the Mall, the water park, movie day at the theater, the library reading program and the "Library Lady" coming to her house to read to the kids. Jacob always was excited about the Library Lady coming. Keresa's youngest daughter Makiah and Jacob are about 6 weeks apart and literally have known each other all of their lives. To this day, they get so excited about seeing each other, they run to give each other a big hug and then run off to play. An example of her going above and beyond was when I went into labor. My closest relative is 2 hours away, so we called Keresa to watch our oldest son. She happily opened her doors in the early morning hours and Jacob, slightly alarmed by the events, was happy to go to a familiar place with a smiling face, which was Keresa's. I really do not know if many other child care providers would have her same willingness to do that. Mrs. Anderson -Young is currently caring for Ethan, my youngest son. He has become accustomed to the routine of putting away his shoes when he arrives, and has also developed the habit of putting toys away. These habits can be credited to Keresa, as she no doubt assisted in the structure of this behavior. Ethan also is happy when he arrives since he knows he has access to an awesome developmental playroom and also knows where the food pantry is located. Everyday, Keresa serves and cooks meals and snacks for the kids. Ethan also loves to eat, which she and her mom, Alice (our family knows her as "Grandma Alice ") always let me know when he especially enjoys something! While he loves Keresa, Ethan has developed a fondness and connection with Keresa's daughter Nesha and cousin Shell. I love that Keresa, and her family, love my children too. My husband and I do consider her and her family part of our extended family. She has transformed her home into a child- friendly, sensory developing and welcoming atmosphere that I have recommended to other parents who were seeking child care. I know that if there is something I need to know about my child, she will not hesitate to contact me and let me know. She makes meals every day for multiple hungry mouths and keeps up with feeding schedules that small infants have. She is a trustworthy individual who genuinely has my child's wellbeing and any child in her Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 7 care, as her main priority. I have seen how composed and collected she remains if there are upset children, and how she is able to calm them with gentle words or a big hug. Keresa attends meetings and educational functions to support her business and to maintain her credentials. She participates in the food program and applies for additional programs that will benefit the children, such as the library reading program/" Library Lady." I have no doubt in my mind that Keresa will be able to maintain the level of care she currently provides to snore children. Her home is a place that i know my child will be safe. Please consider her for an expansion for the number of children she is allowed to have at her daycare. Our community will only benefit. I am not aware of any traffic or noise issues that have been associated with her business in all the time I have known her. I wish there were more people in our area like her, one that a parent can trust to take loving care of their child. Please feel free to contact me if you have further questions Sincerely, Correne ( "Corrie ") Whitley 4016 Brinkman Drive Wilmington, NC 28405 252 - 327 -1933 Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 8 March 22nd, 2015 To: County Commissioner Re: Keresa Anderson -Young (Day Care) To Whom This May Concern, Coming from someone who not only works from home, but is a :full time stay at home mother, who lives a few houses down from Keresa, I am always worried about noise in the neighborhood, causing the dogs to get riled up, or the kids to wake up from a nap, but I find that there has been no additonal noise or interruptions in the neighborhood because of the program that Keresa is running from her home. I have actually recommended her services to a mother to be who lives in the area. There is no need for concern regarding traffic or disruptions on the neighborhood, at least coming from my end of the neighborhood! I have personally only had the pleasure of meeting Keresa and her daughter once, but they were super sweet and I wish her the best of luck! Sincerely, Lisa M. Filipe 7229 Savanna Run Loop Wilmington, NC 28411 Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 9 (2, Y 3 ?,06 --rb Whom Copcie1w A , 'A � /' NOT t�- S6JNrC'-( �Oe6 ,) " 71iG M E7z7-e4 b CD0\0CA , v� y 5_,��Ly Board of Commissioners - April 6, 2015 ITEM: 13- 14 - 10 OPPOSITION COMMENTS Board of Commissioners - April 6, 2015 ITEM: 13- 15 - 1 Smith GC, LLC 336 - 887 -3570 p,1 SMITI 107 Northeast Drive Op High Point, ItiC 27263 GC, LL Phone: 336 - 431 -7418 - Fax: 336431 -4402 �s �o Feb. 26, 2015 Brad Schuler New Hanover Planning and Inspections Dept. Wilmington, NC RE: March 5"' Public Hearing- Item 1- Special use permit request (S -625, 3/15) Brad, I tried calling and leaving a message twice this morning concerning the request to operate a day care center in a resideAce at 7245 Savanna Run Loop, My Bride and I own 427 Putnam, live in Jamestown, NC full time and is a get away location for us. We will not be able to attend a hearing to speak out, so I hope this will serve as our`voice in the matter. We oppose this request. Putnam is already a main road that the neighborhood, and feel this would only add that much more traffic in this area. Should YOU need to reach one, my number.is 336 -382 -2247. Many thanks, Tim and Cheryl Smith a The most important thing we build is your trust Board of Commissioners - April 6, 2015 ITEM: 13- 16 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 6, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Tamara Muphy) CONTACT(S): Brad Schuler and Ben Andrea, Current Planning /Zoning Supervisor SUBJECT: Public Hearing Special Use Permit Request (S -626, 3115) - Request by Darek Huckbody on behalf of New Hanover County to Operate an Indoor Recreation Use at 1817 Hall Drive BRIEF SUMMARY: At their March 5, 2015 meeting, the Planning Board voted 7 -0 to recommend approval of the special use permit with the below condition. No one from the public spoke in support or in opposition of the request. The property is classified as Transition according to the 2006 CAMA Land Use Plan. The applicant is proposing to operate a laser tag business in a portion of an existing building located on the 1,338 acre parcel where the Wilmington International Airport is located. The property is zoned Al, Airport Industrial, and indoor recreation uses are permitted by Special Use Permit within the district. A condition has been added per the applicant's request that the SUP application include the entire building so that future business expansion or a new indoor recreation use in the subject building could be accommodated through an administrative zoning review and not a major modification to the SUP. Condition: 1. Prior to any initiation or expansion of an indoor recreation use, a zoning review must be conducted to ensure compliance with any applicable regulations in existence at that time. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Enhance and add recreational, cultural and enrichment amenities • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED (Choose one): Board of Commissioners - April 6, 2015 ITEM: 14 Motion to Approve (with or without conditions). Motion to table the item in order to receive additional information or documentation (Specify). Motion to Deny based on specific findings in any of the four categories in the Findings of Fact, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff suggests the following motion: Motion to Approve the Special Use Permit application with the following condition: 1. Prior to any initiation or expansion of an indoor recreation use, a zoning review must be conducted to ensure compliance with any applicable regulations in existence at that time. ATTACHMENTS: Script for BOC S -626 S -626 Staff Analysis BOC S -626 Petition Summary S -626 Neighbor Properties Map S -626 Zoning - Aerial Map S -626 CAMA Map S =626 Water -Sewer Map S -626 Applicant Materials Cover S -626 Application Site Plan Cover S -626 Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with the condition suggested by staff. COMMISSIONERS' ACTIONS: Approved 5 -0 with the condition suggested by staff. Board of Commissioners - April 6, 2015 ITEM: 14 SCRIPT FOR Special Use Permit (S -626, 03/15) Request by Darek Huckbody on behalf of New Hanover County to operate an indoor recreation use at 1817 Hall Drive. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board of Commissioners discussion 5. A Special Use Permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Planning Director. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 7. Vote on the special use permit. ❑ Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ❑ Motion to deny the permit because the Board cannot find: ❑ a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: Board of Commissioners - April 6, 2015 ITEM: 14- 1 - 1 ❑ b. That the use meets all required condition and specifications: c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: Board of Commissioners - April 6, 2015 ITEM: 14- 1 - 2 SPECIAL USE PERMIT 5 -626: Request for a Special Use Permit to operate an indoor recreation use in an Al zoning district. Request By: Darek Huckbody on behalf of New Hanover County Location: 1817 Hall Drive PID: R04200- 001 - 025 -000 PLANNING BOARD ACTION: At their March 2, 2015 meeting, the Planning Board unanimously (7 -0) passed a motion to recommend approval of the application with the following condition: 1. Prior to any initiation or expansion of an indoor recreation use, a zoning review must be conducted to ensure compliance with any applicable regulations in existence at that time. Summary of Request The applicant, Darek Huckbody, is requesting a Special Use Permit to operate an indoor recreation use at 1817 Hall Drive. The site is zoned Al, Airport Industrial, and is located on the same parcel as the Wilmington International Airport. The New Hanover County Airport Authority has a long term lease with New Hanover County of all airport property. This includes the subject property and the building where the proposed business would be located. The indoor recreation use being proposed is a laser tag business. Specifically, the applicant states that the business is "an indoor, climate controlled, gaming facility that offers a sophisticated form of entertainment and exercise." The proposed use will occupy 10,263 square feet of a 20,600 square foot building. It will consist of approximately 8,880 square feet for recreation purposes and 1,500 square feet for administrative purposes. The business plans on using a maximum of around 40 parking spaces to accommodate both staff and customers. S -626 Board of Commissioners - April 6, 2015 ITEM: 14- 2 - 1 Pagel of 5 I� �I I a Proposed Interior Layout While the current proposal is seeking to use just a portion of the building, the applicant has requested that the SUP application include the entire building so that the business may expand into the remaining portions of the building without having to modify the SUP. Please note that as SUPs run with the land and not with the applicant, if this application is approved any indoor recreation use would be allowed to occupy the building. Staff is recommending a condition be placed on the permit that clarifies any initiation or expansion of an indoor recreation use must still undergo an official review to verify compliance with the applicable standards of the zoning ordinance. Site Layout The site is located on a 1,338 parcel where the Wilmington International Airport in located. That parcel and the surrounding area are zoned Al, Airport Industrial. The closest residential S -626 Board of Commissioners - April 6, 2015 ITEM: 14- 2 - 2 Page 2 of 5 T-- - -- -, i u4 Existing Building: a�..,w — -- �k • l- _ 20,600 sf la A r Remaining Portion Propased Use of Building for V� _I .Arec: 10,263 sr: Possible Expansion I� " _ P „: l I � L, i1ahb� 7. � HALL DRIVE �- \ Site Layout The site is located on a 1,338 parcel where the Wilmington International Airport in located. That parcel and the surrounding area are zoned Al, Airport Industrial. The closest residential S -626 Board of Commissioners - April 6, 2015 ITEM: 14- 2 - 2 Page 2 of 5 property is approximately 1,750 feet from the proposed location of the indoor recreation use. The site is accessed from both Hall Drive (SR 1386) and Trask Drive (SR 1312). Hall Drive connects directly into Blue Clay Road, approximately one half mile north of 23rd Street. Preliminary Staff Findings of Fact (In Accordance with Section 71 of the New Hanover County Zoning Ordinance) Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The subject property is located in the New Hanover County North Fire Service District. B. The subject site does not host any known cultural or archaeological resources. C. The use will comply with the use restrictions stated in the Wilmington International Airport Height Restriction Ordinance; specifically it should not endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Indoor recreation uses are allowed by Special Use Permit in the Al zoning district. B. Section 72 -36(1) requires indoor recreation uses have adequate buffers provided which screen adjoining residential uses from the effects of light and noise generated on the site. The closest residential property is approximately 1,750 feet away from the proposed use. The proposed use is also indoors and will not increase the amount of light or noise generated on the site. C. Section 72 -36(2) requires indoor recreation uses have all buildings set back from the right -of -way at least 50 feet and 100 feet if the site is in the Special Highway Overlay District. The existing building is set back 50 feet from the Hall Drive right -of -way and 79 S -626 Board of Commissioners - April 6, 2015 ITEM: 14- 2 - 3 Page 3 of 5 feet from the Trask Drive right -of -way. The site is not in the Special Highway Overlay District. D. Section 72 -36(3) requires indoor recreation uses be limited to one ground sign not to exceed 32 square feet and be setback from the right -of -way at least 25 feet. Any proposed signage must obtain a sign permit and comply with this standard. E. Section 72 -36(4) requires indoor recreation uses to access a US or NC numbered road or to a collector road as designated on the New Hanover Thoroughfare Classification Plan. Hall Drive (SR 1386) and Trask Drive (SR 1312) are NC numbered roads and provide access to the site. F. Section 72 -36(5) requires indoor recreation uses to comply with other conditions deemed by the Commissioners necessary to promote the health, safety and welfare of the community. G. Section 80 -7 allows for the off - street parking requirements for indoor recreation uses be interpreted by the administrator of the Zoning Ordinance upon the recommendation of the Planning and Inspections Department, based upon requirements for similar uses, if any. The applicant has provided documentation that the existing parking is sufficient to support the 10,263 square feet of indoor recreation. Any other initiation or expansion of indoor recreation uses will be reviewed for compliance with the parking standards of the zoning ordinance. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed indoor recreation use is within an area zoned for industrial uses and airport operations. B. The closest residential property is approximately 1,750 feet away from the proposed indoor recreation use. C. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. Finding 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Wilmington -New Hanover County CAMA Land Use Plan classifies the property as Transition, and the proposal is not in conflict with the intent of the Transition land S -626 Board of Commissioners - April 6, 2015 ITEM: 14- 2 - 4 Page 4 of 5 use classification, and additionally, not in conflict with any other policy of the 2006 CAMA Land Use Plan. B. The use will comply with the use restrictions stated in the Wilmington International Airport Height Restriction Ordinance; specifically it should not endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity with the plan of development for New Hanover County. SUMMARY Staff concludes that the applicant has demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the information submitted, the applicant has demonstrated that the proposal is not in conflict with the management strategy for the Transition land use classification, and not in conflict with any other policies of the CAMA Land Use Plan. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED (Choose one): 1. Motion to Approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff suggests the following motion: Motion to Approve the Special Use Permit application with the following conditions: 1. Prior to any initiation or expansion of an indoor recreation use, a zoning review must be conducted to ensure compliance with any applicable regulations in existence at that time. S -626 Board of Commissioners - April 6, 2015 ITEM: 14- 2 - 5 Page 5 of 5 Case S -626, (3/15) Special Use Permit request to operate an indoor recreation use in an A -1 zoning district Petition Summary Data Parcel Location & Acreage: 1817 Hall Drive, 1338 acres; use will occupy 10,264 square feet of an S-626,3/15 Page 1 of 1 Board of Commissioners - April 6, 2015 ITEM: 14- 3 - 1 existing, approximately 20,000 square foot building Petitioner /Owner: Darek Huckbody Existing Land Use: Office Building Zoning History: Initially zoned A -1 via Area Airport (October 4, 1976) Land Classification: Transition Water Type: Public Sewer Type: Public Recreation Area: Optimist Park Access: Access provided by Hall Drive, which connects into Blue Clay Road Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek (C;Sw) Conservation /Historic/ Archaeological Resources: None Soils and Septic Suitability: Pantego Loam (Pn) — Severe: Wetness Leon Sand (Le) — Severe: Wetness Schools: Wrightsboro Elementary, Holly Shelter Middle, New Hanover High S-626,3/15 Page 1 of 1 Board of Commissioners - April 6, 2015 ITEM: 14- 3 - 1 Board of Commissioners - April 6, 2015 ITEM: 14-4-1 c c ° c o o ° o tw 4- 4- bA bA c c o Z = c E E Ln cw Ln hf Nsv41 & of F chi a rl rl rl yo I I o . 1 fV toy i b� mE 0 a � v� N p C4 y o w c:) Z N ° F • N G N x C tft w a` in v O v A � � N U m • f Q O ? y N o E LL m o O 3 as -NSVal :n z U y v E a v (L N d D N U N 0 Q N _ (D v N v U) o p) N o w 89 u O it O y 7= R O _ O p Y �, Q U d N + O IO 00 � m H O O O p C p t 1n a 3 @ 1 w �CA£,.�LInrA LO R a �? �a)m. z -1CNYH v Z a Board of Commissioners - April 6, 2015 ITEM: 14-4-1 Board of Commissioners - April 6, 2015 ITEM: 14-5-1 Board of Commissioners - April 6, 2015 ITEM: 14-6-1 Board of Commissioners - April 6, 2015 ITEM: 14-7-1 APPLICANT MATERIALS Board of Commissioners - April 6, 2015 ITEM: 14- 8 - 1 NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & WSpECTIONS Wilmington, NC 28403 910 -798 -7165 phone 910 -798 -7053 fax Application for www.nhcgov.com SPECIAL USE PERMIT Petitioner Informaation Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Darek Huckbody New Hanover Cnty Airport Authority 1817 Hall Dr. Company Owner Name 2 Parcel ID(s) Battle House Jim Morton R04200- 001- 025 -000 Address Address Area 525 Tanbridge l=id 1740 Airport Blvd. 20,600 City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28405 Wilmington, NC 28405 Al Phone Phone Proposed Use 910 - 516 -5852 910 -264 -1538 Indoor & Outdoor Gaming Email Email Land Classification d.huckb@gmail.com jmorton @flyilm.com Application Tracking Information (Staff Only) Case Number Date/Time received: Received by: APPLICATION OVERVIEW In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to Special Use Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to Special Use Permits: • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses • Section 111: Petitions Applications for Special Use Permits (with the exception of single family dwellings on individual lots) must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. I I IIJJI VI IGI J !l 114Q� 1 04/14 APPLICATION REQUIREMENTS In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. Applications for single - family dwellings, including mobile homes, on individual lots do not require Planning Board review and must be submitted to Planning Staff twenty (20) working days before the Commissioners meeting. For High Density Residential projects, a High Density Residential application and High Density Checklist must also accompany this application. The New Hanover County Technical Review Committee (TRC) must also review a High Density Residential project prior to submitting this application. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Narrative of Proposed Use DER Traffic Impact Worksheet ULH Traffic Impact Analysis (if applicable)_ �} Site Plan (8 -24x36 copies for Planning Board; 8-24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) Authority for Appointment of Agent Form (if applicable) Fee - $500; $250 if application pertains to a residential use (i.e. mobile home, DLH duplex family child care home Board of Commissioners - April 6, 2015 IfLatw 44494- 2 04/14 CRI_T_ERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: 1. The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." Battle House laser tag will not endanger the public health or safety in any way. All gaming will take place indoors so there would be no inference with any of the airport flight operations in anyway. The laser tag guns do not use an actual laser, they work off of infrared light signal, which is the same type used in 90% of the TV remotes on the market. So the equipment is actually safer than a squirt gun. Link to the equipment manufactures website for additional information: http :l /www.adventuresportshq.com /laser- tag - guns /faq /. Traffic impact would be minimal, as we will allow for about 25 players during one session, and gaming sessions will be about two hours each. Additionally we anticipate that most gamers would carpool. 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. The parking required for Indoor & Outdoor games of this size is 50 spaces. 1817 Hall Drive has 78 parking spaces total. 64 of which are located on the west side of the building in which Battle House will occupy. Additionally there is the _ potential for employees and overflow parking in the rear of the building in unmarked spaces. With about 25 players per two hour session, the maximum number of space used should be 50 parking space. However, most players will likely carpool and so out of the 25 players would potentially use 14 parking spaces. 1817 Hall Drive is located on State Road number 1386. 3. The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." The additional of Battle House to the airport location will not hinder the property values of use of the any of the surrounding businesses. 1817 Hall Drive has no residential neighbors within 1,500 feet. Additionally, the Airport Authority supports the business plan at this location. 4. The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." The additional of this business to the airport location is not is conflict in any way with the New Hanover County classification of Transition for this area. Board of Commissioners - April 6, 2015 Ili $4413 04114 Section 72 of the Zoning Ordinance provides additional requirements for the following Special Use Permits. Please supplement your application with all necessary material to meet any additional requirements if your use is any of the following: • Cemetery • Convenience Food Store • Hospital or Nursing and Personal Care Facilities • Private Club or Lodge and Fraternal and Social Organizations • Sanitary Landfill • Travel Trailer Park • Family Child Care Horne • Kennel • Mobile Home • Non - Residential Off - Street Parking • Commercial Marina • Septage and Sludge Disposal • Outdoor Shooting Ranges • Adult Entertainment Establishment • Indoor /Outdoor Recreation Establishments • Community Boating Facility • Residential Uses within Commercial Districts • Bed and Breakfast Inn • Electronic Gaming Operation • Farmers Market or Produce Stands in Residential Zoning Districts • Mining • High Density Development • Senior Living Options 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. In granting a Special Use Permit, conditions may be designated to assure that the use in its proposed location is harmonious with the spirit of the Zoning Ordinance, CAMA Land Use Plan and any other adopted plans that are applicable. All conditions become part of the special use permit and run with the land. A Special Use Permit shall become null and void if construction or occupancy of the proposed use as specified and approved is not commenced within 24 months of the date of issuance. By my signature below, I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. Darek L. Huckbody Signature of Petitioner and/or Property Owner Print Name Board of Comllrr}�ssior� 4pril 6, 2015 04114 NEVI HANOVER COUNTY PLANNING & INSPECTIONS A UTHORITYPOR •' APPOINTMENT OF A GENT 230 Government Conler Drive suite 110 Wilmington, NC 28403 910-798-7165 phone 910- 79$=7053 fax www.nhcpv.com Please note that for quasi-judicial proceedings, either the laud owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent descn'bcd herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, arWor an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public; meetings to give representation and commitments an behalf of the property owner 3. Act on the property owners behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Informadan 1Preperty owaex[a) Subject Prop" I Name owner Nhme Address POL rP od e t r• �� Co eny Owner Name 2 N8w f( r tcu ,q t~ vthar•' Cie,•, Slate, zip 104 It,, : n a�Go? Address ! -Lk T^ im Addes1 /Y Ile / Pared 10 ty, Stara zip Cie,-. State, Zip 1P U114 Z±41-11da2lld $bane Phonne/ r r� ati r k MR,c l+ a oeh Etnat -3—MP Y'7Fr�W fi y4 we�7rt'1 r PutP =N.Im6er Pelwflce DoWnme received: Received by: This docurnent was willfully executed an theE tZ day of Fg,� , 20 /j- 01K New 4"44f COWAN Signature 09114 Board of Commissioners - April 6, 2015 ITEM: 14- 9 - 5 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME Battle House PROJECT ADDRESS 1811 Hall Dr. Wilmington NC 28405 DEVELOPER/OWNER New Hanover County Airport Authority EXISTING ZONING AI GROSS FLOOR AREA 10,200 NEAREST INTERSECTION 200 ft. BEFORE PROPOSED PROJECT ,sq. ft. Average Daily Traffic (Date) Hewlett Dr, 264, 2011 LEVEL OF SERVICE (LOS) ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR. TRIPS 3Z PM PEAK HOUR TRIPS (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) DtG'� a Person Providing Estimate( ignature 1, 4 , g4 Peak Hour estimate confirmed by Planning & Zoning on (Date) Board of Commissioners - April 6, 2015 ITEM: 14- 9 - 6 Narrative - Battle House "Battle House " — Tactical Laser Tag is an expansion of my father's start -up business Battle House located in Lake Burrington, IL. Battle House is an in door, climate controlled, gaming facility that offers a sophisticated form of entertainment and exercise. Battle House will be modeled after IL location, but on a smaller scale, and will offer its customers an in intense form of recreation and team building that utilizes the latest generation in tactical laser equipment with weapons that are modeled after and use technology developed and adapted from military combat training. Mission based laser tag is heart- pounding, adrenaline - pumping game, in which strategy, team work and luck are critical to your team's success. Our Facility plan is to use the 10,300 sf as approximately 1,500 sf for administrative area and approximately 8,800 sf as gaming area. THe administrative area will provide a comfortable lounge and viewing area to rest, enjoy refreshments, relax and share the experiences of the day. Large screen TVs will play / re -play videos of the customers gaming experience. A conference room and party room, available for corporate and other team building discussions, or birthday parties and catering can be arranged by our staff. The gaming area will provide for multiple mission scenarios, and include the existing rooms along with a plan to add three, two story buildings to give the games a three dimensional aspect. Hours of Operation provide year round access to a complex, multi - dimensional mission scenario. A new game will begin every hour and 45 minutes and will consist of a 15 minute safety /equipment briefing and 1 hour and 30 minutes of game play. Customers should arrive 15 minutes prior to their desired start time for registration. Private Events are available between on a scheduled basis every day of the week. Hours listed below are planned open times. This will be expanded as customer volumes increase. Our Capacity is moderate with only one mission scenario that can accommodate 10 to 35 players at one time. Start times will be every hour and 45 minutes. Employees during a normal day we will have approximately four to seven employees working at the facility at one time. Parking. Our business planning estimate for parking is as a maximum parking required of about 40 parking spaces. However, we anticipate less of a parking need than this using about 18 spaces that one time. The majority of our customers will most likely carpool, be dropped off by their parents, or arrive as a group. Based on the parking need we have seen at the IL location which see groups of 55 to 70 people in the facility and only using around 23 spaces, so 3 people per parking space. Our entire business plan is geared towards our customers having fun. We plan to target teens and young adults. High school sports teams, church youth groups, local business, and visitors to our area. Board of Commissioners - April 6, 2015 ITEM: 14- 9 - 7 Summer Schedule Winter Schedule Monday / Tuesday 12:00 p.m. to 9:00 p.m. Private Events Only Wednesday / Thursday 12:00 p.m. to 9:00 p.m. 4:00 p.m. to 9:00 p.m. Friday 10:30 a.m. to 9:00 p.m. 4:00 p.m. to 9:00 p.m. Saturday 10:30 a.m. to 10:00 p.m. 10:30 a.m. to 10:00 p.m. Sunday 11:00 p.m. to 7:30 p.m. 11:00 a.m. to 7:30 p.m. Our Capacity is moderate with only one mission scenario that can accommodate 10 to 35 players at one time. Start times will be every hour and 45 minutes. Employees during a normal day we will have approximately four to seven employees working at the facility at one time. Parking. Our business planning estimate for parking is as a maximum parking required of about 40 parking spaces. However, we anticipate less of a parking need than this using about 18 spaces that one time. The majority of our customers will most likely carpool, be dropped off by their parents, or arrive as a group. Based on the parking need we have seen at the IL location which see groups of 55 to 70 people in the facility and only using around 23 spaces, so 3 people per parking space. Our entire business plan is geared towards our customers having fun. We plan to target teens and young adults. High school sports teams, church youth groups, local business, and visitors to our area. Board of Commissioners - April 6, 2015 ITEM: 14- 9 - 7 CD O 1 t0 r �i V ANNr G] CO N r /r T � N * O N r lPj O AJODUV N O 1 l a N 'O C E O Co J O LO t0 r 1 V ` }1 A G] CO N r O � r lPj O AJODUV O 71 E r��CA00 D F'i r O o 1 t' co 0 N r � Board of i idners - April 6, 2015 TT, l : 14- 9 - 8 l a N 'O C E O Co J O LO w CO V ` }1 A r � N N w 71 r��CA00 C CI? 1 C.."n'T J [U— <R r Q U x <Z w�pa Z: tits -�° Nal La w Q � z 0- LO d a ryry{{ WJ P� _ fF _ TRASK DRIVE SR # 1318 - - -.� ) skit s 4zn E CHZ_ nu_�- 04 1 Ui S Q%w � R ONC177v'd 4»L5IX3 1 i a -L+K \ 4.1 \ 14. 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V z DMWd DMISM 4 LU i ss �v Q tt te 9 9 W1 ` 71FT, CWWd DWWO gn I i i im t12, LL Board of b issiers \-April 6, 2015 Q7T N: 1'4-, 11 -"I\