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Agenda 2018 06-04AGENDA JUNE 4, 2018 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC WOODY WHITE, CHAIRMAN - SKIP WATKINS, VICE- CHAIRMAN JONATHAN BARFIELD, JR., COMMISSIONER - PATRICIAKUSEK, COMMSSIONER- ROB ZAPPLE, COMMSSIONER ;HRIS COUDRIET, COUNTY MANAGER- WANDACOPLEY, COUNTYATTORNEY- KYMCROWELL, CLERK TO THE BOARD 4:00 PM MEETING CALLED TO ORDER (Chairman Woody White) I NVOCATION (Pastor Mark Gaskins, Temple Baptist Church) PLEDGE OF ALLEGIANCE (Vice- Chairman Skip Watkins) APPROVAL OF CONSENTAGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Sale of County -Owned Property at 217 S. Water Street (PIN: R05308- 008 - 010 -000) 3. Approval of Request from Coastal Horizons for the County to Serve as Applicant Agency for a Grant with the U.S. Department of Justice 4. Approval of the Award of a Bid for the Purchase and Installation of a Scale at the New Hanover County Landfill 5. Approval of Seven Donations for Accession into the Museum's Permanent Collection 6. Approval of Modification to the Airlie Gardens Foundation Bylaws 7. Approval of April 2018 Tax Collection Reports 8. Adoption of BudgetAmendment ESTIMATED REGULARAGENDA ITEMS OF BUSINESS MI NUTES 10 9. Public Hearing Economic Development and Economic Incentives Appropriations (limit three minutes) 30 10. Public Hearing on the FY2018 -2019 Recommended Budget (limit three minutes) 40 11. Public Hearing Text Amendment Request (TA18 -01) — Request by Harper Capital, LLC, to Amend the Table of Permitted Uses, Article VI and Article VI I of the Zoning Ordinance Regarding the Location and Access Requirements of High Density Developments Board of Commissioners - June 4. 2018 40 12. Public Hearing Text Amendment Request (TA18 -02) — Request by The Dog Club of Wilmington to Amend Article V of the Zoning Ordinance to Permit Kennels in the 1 -2, Heavy Industrial, Zoning District PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MI NUTES 13. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 14. 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. M ission 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 - June 4. 2018 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 .K DEPARTMFNE Governing Body PRESENIFR(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUNMJARY: Approve minutes from the following meetings: Agenda Review Meeting held on May 17, 2018 Regular Meeting held on May 21, 2018 STRATEGIC PLANALIGNMENR Superior Public Health, Safety and Education • Keep the public informed on important information RECONAWN DED MOTION AND REQUEST® ACTIONS: Approve minutes. COUNTY MANAGIR'S COAM9EVIS AND RFJCONAWI DATIONS: (only Manager) CONMSSIONURS' ACTIONS: Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 . K DEPARTIVIFNR County Manager PRESEVMgS): Tim Burgess, Assistant County Manager CONrACT(S): Tim Burgess SUBJECT: Approval of Sale of County -Owned Property at 217 S. Water Street (PIN: R05308- 008 - 010 -000) BRIEF SUNP ARY: On October 19, 2017, New Hanover County, through the foreclosure process for unpaid taxes, obtained fee simple title to the property located at 217 S. Water Street (PIN: R05308- 008 - 010 -000). The property is approximately .055 acres and is encumbered by three known easements and a Notice of Residual Petroleum has been placed on the property by the North Carolina Division of Environmental Quality. There are no structures on the property. The property is primarily used by Tanyard Parish for access to the condominiums /parking deck and for parking by Port City Properties. New Hanover County Tax Department has estimated the value of the property at $4,800. The size of the property and the existing easements probably make the property unbuildable. New Hanover County does not have a use for the property and staff would propose that the property be sold. Mr. Sam Simmons, owner of Port City Properties, has offered to purchase the property for $4,800, subject to the easements, Notice of Residual Petroleum, and the upset bid process. Mr. Simmons' offer was accompanied by the required 5% deposit in the amount of $240.00. STRATEGIC PLAN AUGNINIWE Effective County Management • Deliver value for taxpayer money I:79:KI1uluIyi11D 71l -III 1r11►/ _10117:79:11119:y11D17mm1r/1►o 1. Accept Mr. Simmons' offer in the amount of $4,800, subject to the upset bid process. 2. Authorize staff to initiate and complete the upset bid process in accordance with NC Genera] Statutes. 3. Authorize the county manager and the county attorney to prepare and execute all necessary paperwork to transfer ownership to the highest bidder, at a minimum amount of $4,800, subject to all easements, encumbrances and Notice of Residual Petroleum. AT1rACBN1 N S: Map Board of Commissioners - June 4, 2018 ITEM: 2 COUNIY MANAG S COMM NB AND RECONDNISDATIONS: (only Manager) Recommend approval. CON M[SSIONFRS' ACTIONS: Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 2 s 4 Ww w (i I Mia Jnend .99 1 I ? s.Nif„NT -a no -s 32 qW rcy >2 02 2Q �_ZOF R2 w t e� �o j II I O W WOQ 4UJW N'4 -I CAPE FEAR ROVER y W IIjWAjII ill i� d ay 3 °0 � hZ w 3 � U 2 mp C 1�. b J O O` (� (i I Mia Jnend .99 1 I j� �m m- 0 W. a j M' ° mI W j II I O `I 0. y sh ay 3 °0 4 pWA99a>zz o;� ¢� OJWJ�� 22 Q. g ��pyQ �Bfti�KN tit 42�� § �u F1'LO/ 3.1B0.9Z.bg N (� 9NI>_51�(3 9Lf 30dd '62BZ NOO9 Ydla 331 3l99VW 66 30Vd 'O � NOOB dVW d -I LO'I I Mia Jnend .99 1 I j� �m m- 0 W. a j M' ° Iry�l j II I LL `I 0. 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WaWLU I u ' Q'ulumAt� U ,, o'titi g2 0 Board of Commissioners - June 4, 2018 ITEM: 2 - 1 - 1 41 N h tiOQ ¢00`W 3ahti j Wti 2 F j ti��2� LL 020 0�¢0 � 2 °�'0 2� WtiTOO Al x 0 Wop Q2 oaQ�o O�Wa W ootio oti � ax 3�WO .' a ? 1'OOp O�Ix -OO FZ �Q42o hU�l� ° h. h uhQti m�hm x2 u� OW W Fit 'cii0 2xJ 2 W W�O�. 22eQ WO hW J vaiCtiW2 3�3¢ Om¢ It � 0Wti Q0�4 RW f,,¢2¢ -2 H0 22y�p W ¢ °o WmtiF W tiWO�' Liu �� ¢ W3mo WaWLU u ' ti= W o'titi g2 0 o Q iOQ2�\ °pJ��P 4k Q t� lu Board of Commissioners - June 4, 2018 ITEM: 2 - 1 - 1 41 N NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 .K DEPARTMFNR Finance PRESEVMt(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Dale Willetts, Directorof NC TASC Training Institute of Coastal Horizons Center SUBJECT- Approval of Request from Coastal Horizons for the County to Serve as Applicant Agency for a Grant with the U.S. Department of Justice BRIEF SUMMARY: New Hanover County is eligible to apply for a grant from the U.S. Department of Justice titled Improving Reentry for Adults with Co- occurring Substance Abuse and Mental Illness. Coastal Horizons Center, Inc. is requesting the County serve as the applicant agency for the application. Coastal Horizons will act as the implementing agency for the proposed initiative and the County will be responsible for fiscal oversight. New Hanover County has served in this capacity as the applicant agency for various entities in the past, including Coastal Horizons. The purpose of the grant is to support re -entry programs to reduce recidivism and combat violence by facilitating the successful reintegration of offenders with co- occurring substance abuse and mental illness from the NHC Detention Center. Community partners will provide post - release services such as intensive case management, therapeutic services, employment training, education services and transitional housing. The grant application is for $750,000 and the term is three years. There is no County match required, and this grant is consistent with the Board's strategic plan. STRATEGIC PLAN ALWSAI NE Superior Public Health, Safety and Education • Increase public safety and crime prevention RECONIN MED MOTION AND REQUESTED ACTIOM: Request Board approval for submission of the grant application to the U.S. Department of Justice on behalf of Coastal Horizons. ATIACTINI TON: Coastal Horizons letter COUNTY NIANAGHUS CONIlNENIS AND RECONINIFT'DA'IIONS: (only Manager) Recommend approval. Board of Commissioners - June 4, 2018 ITEM: 3 CONMSSiONERS' ACTIONS: Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 3 �r Coastal j� Horizons Margaret Weller - Stargell, President and CEO Corporate Headquarters CHC will partner with the New Hanover County Sheriff's Office to provide pre - release Willie Stargell Office Park May 17, 2018 615 Shipyard Blvd. screenings for individuals entering the NHC Detention Center, clinical assessments as Wilmington, NC 28412 indicated, and collaborative and comprehensive case plans to ensure a successful transition (910) 202 -0840 New Hanover County Board of Commissioners Administration 230 Government Center Drive, Suite 175 910.790.0187 910.790.0189 Fax Wilmington, NC 28403 Open House Youth Shelter (910)39Z-6936 Dear NHC Commissioners, Rape Crisis Center (910) 392 -7185 New Hanover The U.S. Department of Justice (DOJ) has funding available as part of the Second (910) 754-7949 Brunswick Chance Act of 2007, for state and local government agencies to support re -entry programs Outpatient Treatment (800) 672 -2903 to promote reduce recidivism and combat violence by facilitating the successful (910) 343 -0145 New Hanover reintegration of offenders with co- occurring substance abuse and mental illness returning (910) 754-4515 Brunswick (910) 259-0668 Pender from incarceration. Community Based FanlilyServices New Hanover County is eligible to apply for Second Chance Act, Improving (910) 202 -3155 Reentry for Adults with Co- Occurring Substance Abuse and Mental Illness (CFDA16.812) Horizons Health under the FY2018 Competitive Grant Announcement. Coastal Horizons Center, Inc. is Primary Care (910) 202 -3860 requesting that NHC agree to serve as the applicant for this solicitation. CHC will act as the WHAT implementing agency for the proposed initiative and NHC will function as the fiscal entity. (910)790 -9949 ITEM: 3 - 1 - 1 CHC will partner with the New Hanover County Sheriff's Office to provide pre - release Continuum ofCare (910) 216 -6080 screenings for individuals entering the NHC Detention Center, clinical assessments as Prevention Services indicated, and collaborative and comprehensive case plans to ensure a successful transition (910) 202 -0840 to the community upon release. Post - release services will include intensive case Outdoor Adventure management, therapeutic services, employment training, education services and transitional (910) 392 -7306 housing. CHC will partner with such agencies as Leading into New Communities (LILAC) TASC and other local housing agencies to provide appropriate housing services. (910) 762 -5333 New Hanover TASC RCE The County will apply for $750,000 of funding for 3 years to offer pre- and post - release (252) 638 -39o9 Region i (910) 321 -6793 Region z services to improve the reentry process. There is no match required. NC TASC Training Sincerely, Institute (910) 202 -5500 Our Children's Place (919) 904-4286 • , 11'' , Recidivism Reduction Services (910) 202-5125 Margaret Weller - Stargell RESET President and CEO (910)762 -5333 ��a Exc,� �n `.ar * CARF - International Accreditation for Quality www.coastalhorizons.org * CABHA - Critical Access Behavioral Health Agency Board of Commissioners - June 4, 2018 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 13CINXI-K-11 DEPARTIVIFNE Environmental Management PRESEWMS): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SLBJECT: Approval of the Award of a Bid for the Purchase and Installation of a Scale at the New Hanover County Landfill 1:1:71 y Will►I lU M A Request for Bids (RFB) was initiated for the purchase and installation of an inbound self - service scale for the New Hanover County Landfill. After due advertisement, one (1) bid was received from Toledo Carolina, Incorporated. Environmental Management Department staff evaluated the bid, taking into consideration the minimum bid requirements, price, warranty, references, experience, training and support, along with actual positive experience with the company, product, installation and service performed by this company for three (3) previously installed and currently operational scales at two sites within the department. The turnkey bid price for purchase and installation is $132,641. This project was scheduled for FYI and funds for this purchase are available in the fiscal year 2018 adopted budget for the Environmental Management Enterprise Fund. Staff recommends the award of the bid to Toledo Carolina, Incorporated. STRATEGIC PLANALIGNINIEW: Effective County Management • Increase efficiency and quality of key business processes 1►V a111 [17►`/_ g 17:1 9:/11190110 17_[011 [col Recommend the adoption of a resolution granting approval for the award of the bid for the purchase and installation of a scale to Toledo Carolina, Incorporated, and authorization for the County to execute a contract, the form of which shall be approved by the County Attorney. ATTAClFA1I ';5: Resolution COUNTY MANA�S CONAIWIS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - June 4, 2018 ITEM: 4 Recommend approval. COAMSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING A CONTRACT FOR THE PURCHASE AND INSTALLATION OF A SCALE AT THE NEW HANOVER COUNTY LANDFILL WHEREAS, after due advertisement, one (1) bid was received and recorded by the Environmental Management Department at 2:00 p.m. on the 10th day of May, 2018, at the New Hanover County Environmental Management Department administrative offices, 3002 U.S. Highway 421 N., Wilmington, North Carolina; and WHEREAS, the bid tabulation shown for the one (1) bidder includes the cost of the equipment and installation determined by staff to meet the needs of the department to maximize productivity; and Bidder Bid Amount Toledo Carolina, Incorporated $132,641 WHEREAS, a bid evaluation was completed by the Environmental Management Department staff for this bidder, taking into consideration the minimum bid requirements, price, warranty, references, experience, training and support, along with actual positive experience with the company, product, installation and service performed by this company for three (3) previously installed and currently operational scales at two sites within the New Hanover County Environmental Management Department; and WHEREAS, funds for this project are available in the fiscal year 2018 adopted budget for the Environmental Management Enterprise Fund. NOW, THEREFORE, BE IT RESOLVED, the New Hanover County Board of Commissioners hereby authorizes the award of a contract for the purchase and installation of a scale to Toledo Carolina, Inc., and that the County is hereby authorized and directed to negotiate and execute a contract, the form of which shall be approved by the County Attorney. ADOPTED this the 4th day of June, 2018. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 4, 2018 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 . 9u DEPARTMFNR Museum PRESFNIMS): Heather Yenco, Museum Curator CONI'ACT(S): Heather Yenco SUBJECT: Approval of Seven Donations for Accession into the Museum's Permanent Collection BRIEF SUMMIARY: The Museum collects objects pertaining to the history, science, and cultures of the Lower Cape Fear region. Submitted for approval are seven donations to be added to the Museum's permanent collection. Donations are carefully documented. The Curator reviews each item's provenance, condition, relevance to the collection, potential for exhibition, and room required for storage. Areport on each object is reviewed carefully by the Director and Collections Committee. The objects presented have passed this scrutiny and were approved by the Museum Advisory Board at the meeting on May 16, 2018. Silver serving tray, 1920s Freaker beverage insulators, 2009 -2016 Dollhouse and furniture, dolls, and roller skates, 1950s -1980s Brownie plaque and handkerchiefs, 1960 Scrapbook, journal, and Bible, 1860s -1900s Williston reunion t- shirt, 1986 School desk, 1950s Each item offered has a special story to preserve and they help to document 300 years of the region's history. �11,7_741 roll [N�1F.W 0 M[0101111DO Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities REC0NAW9 DED MOTION AND REQUESTED ACTION: Accept seven donations of regional artifacts into the Cape Fear Museum's Permanent Collection. ATTACHMEVIS: Board of Commissioners - June 4, 2018 ITEM: 5 Acquistions Chart COUNIY MANAGER'S CONr4ENTS AND UCONWENDATIONS: (only Manager) Recommend approval. CONMSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 5 NHC Commissioners Acquisition Proposals June 4, 2018 Meeting OBJ. OBJECTS PROVENANCE / MISSION DATE 1920s Silver serving tray Artifact is a family heirloom of the Rehders, a local family, that was last given as a wedding gift in 1989. 2009- Freaker beverage insulators and sticker 2016 MI-mm- Artifacts show the progression of Freaker designs, from a prototype to a recent model, designed and produced by a Wilmington company. 1 Board of Commissioners - June 4, 2018 ITEM: 5 - 1 - 1 1. NHC Commissioners Acquisition Proposals June 4, 2018 Meeting 1950s, Dollhouse and furniture, dolls, and roller Artifacts are childhood toys of a local resident and her daughter. 1960s, skates 1980s - - 1960 Brownie plaque and handkerchiefs Artifacts belonged to a local resident, who won the items for selling the most Girl Scout cookies in the Cape Fear region. -11iEBROWMESODUT- PROMISE .. � A PaoaFilE ro do x LEST arE 1 ro E ca xo xrx T4 xEV ETIFI PEOPIE FYFIY Dar. - .,.&F-A4 16 ' xr 6- 2 Board of Commissioners - June 4, 2018 ITEM: 5 - 1 - 2 NHC Commissioners Acquisition Proposals June 4, 2018 Meeting 1860s- Scrapbook, journal, and Bible Artifacts belonged to a local resident and document the work of Charles Bolles during the Civil War 1900s and his daughter Hannah Bolles as a member of the Colonial Dames. 1986 T -shirt Artifact belonged to a local resident and was created for the Williston High School Class of 1956 reunion. L 1950s School desk Artifact belonged to a local resident and will be used in the Museum's Demonstration Collection. i 3 Board of Commissioners - June 4, 2018 ITEM: 5 - 1 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 .K DEPARTIMFNr- Airlie Gardens PRESINIFR(S): Tara Duckworth, Parks & Gardens Director CONUCT(S): Tara Duckworth SUBJECT: Approval of Modification to the Airlie Gardens Foundation Bylaws BRIEF SUNP ARY: The Airlie Gardens Foundation would like to request that the board's governing bylaws be modified to hold election of officers biennially in May, not January. Article IV — Officers Section 2: Method of Election. Vacancies. The Board President shall appoint an election committee that will present a slate of officers for consideration and election at the May meeting of the Board. Other candidates may be solicited from the floor at this meeting. The officers shall be elected by a majority of the Board members present at the May Board meeting. They shall hold office two years (one term) following their election or until successors are elected. STRATRAC PLANALIGSAIINI: Effective County Management • Increase efficiency and quality of key business processes RECONPAE DED MOTION AND REQUESTED ACTIONS: Approval of modification in Airlie Gardens Foundation bylaws to reflect officer elections be held biennially in May. ATTACOV NIS: Airlie Gardens Bylaws COUNTY N14M WS COMNffiNIlS AND RECOMMENDATIONS: (only Manager) Recommend approval. CONINUSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 6 �0 (lre g?_0 GARDENS BY -LAWS OF THE AIRLIE GARDENS FOUNDATION BOARD OF DIRECTORS, INC. Article I - Purpose Section 1: Mission Statement: To ensure and help preserve Airlie Gardens as an outstanding, historic public garden with cultural and environmental programs developed to serve New Hanover County residents and other visitors far and near. . Section 2: The general purposes of the Airlie Gardens Foundation Board of Directors (hereinafter referred to as the Board) are as follows: To ensure an outstanding visitor experience utilizing educational workshops, onsite lectures and events that will further the mission of the Gardens. To establish a business model that will promote the goal of total sustainability through a mixture of ticket sales, foundation grants, sponsorships, workshops and annual events. To establish an endowment and receive and distribute monies for prospective funding of capital improvements at Airlie Gardens. To encourage the dissemination of knowledge of the history and natural heritage of Southeastern North Carolina. To arrange for such meetings of the Board or other interested individuals, as may be legally necessary or considered desirable in the furtherance of the aims and purposes of Airlie Gardens. To encourage and arrange for gifts, grants, bequests, and devises to the Foundation for its work in the furtherance of the objectives for which it is organized, and to provide for the proper expenditure, use, and conservation of all gifts, grants, bequests, and devises so received. To serve in an advisory capacity to the gardens staff & County Commissioners including providing advice for operations, policy, capital improvements and program development. To provide oversight to all internal groups including but not limited to: Volunteers, special event committees and the Airlie Gardens Guild. To foster relationships with other related organizations. To serve as ambassadors for the Gardens to the community. To participate in and support Airlie Gardens events and programs. Board of Commissioners - June 4, 2018 ITEM: 6 - 1 - 1 ,�lir�ie g� GARDENS Article II - Membership Section 1: The Corporation will not have members for governance purposes, however the Board may solicit members for the promotion and furtherance of the Airlie mission. Article III — Directors Section 1: Composition of the Board. The Board shall consist of Eleven (11) members, all of which shall be appointed by the New Hanover County Commissioners as follows: One (1) County Commissioner Nine (9) At large members appointed by the County Commissioners The following Board member shall serve by virtue of their position, as indicated: One (1) Member of the Corbett family or its descendant appointed by the New Hanover County Commissioners Section 2: Honorary Directors. In recognition of significant service to the Foundation or contributions of other nature, the Board of Directors may also appoint honorary or emeritus directors. Such directors shall be considered ex officio members of the Board but shall not have the power to vote at Board meetings. Section 3: Elections, Terms, and Vacancies. Terms of directors will be for three (3) years and will begin on July 1 of the year following their appointment and expire on June 30 of the last year of their terms. Directors, appointed or ratified by the New Hanover County Board of Commissioners may serve a maximum of two consecutive terms (six years); they will again be eligible for appointment to the Board after one year off the Board. Section 4: Ex Officio Members (non- voting): Ex- Officio members may be appointed by the Board at their discretion for an initial term of one year. Section 5: Quorum. A simple majority of all duly appointed members of the Board (11) with the power to vote shall constitute a quorum at any meeting of the Board (6 necessary). Section 6: Function. The Board of Directors shall be the governing body of the Foundation. Board of Commissioners - June 4, 2018 ITEM: 6 - 1 - 2 zli0 r�ie g� GARDENS Section 7: Attendance and Participation Requirements — All board members shall serve on at least one standing committee of the Board and shall not miss more than 25% of the meetings of the Foundation and their assigned committee without prior notice of absence and excuse at the discretion of the Board President. Section 8: Upon being appointed a Board member will sign a "Commitment to Serve ", "A Code of Ethics" and "A Conflict of Interest" Document. Therefore, at each Board meeting, any Board member having a known conflict with any action to be taken at that particular meeting, will immediately notify the Board of that conflict. Article IV — Officers Section 1: Officers. The officers of the Board shall be a President, a Vice - President a Secretary, a Treasurer, and such other officers or agents as the Board deems necessary. The Officers of the Board shall be hereinafter referred to as the Executive Committee. Section 2: Method of Election. Vacancies. The Board President shall appoint an election committee that will present a slate of officers for consideration and election at the May meeting of the Board. Other candidates maybe solicited from the floor at this meeting. The officers shall be elected by a majority of the Board members present at the May Board meeting. They shall hold office two years (one term) following their election or until successors are elected. Officers may serve a maximum of four years (2 terms). They will again be eligible for election as officers one year after the completion of a second consecutive term. A candidate for a vacancy in any office shall be presented to the Board by the Executive Committee for its approval for the unexpired term of the official whose term is not completed. Section 3: Duties of Officers. President. The President shall be responsible for carrying out the policies adopted by the Board. He or she shall preside at all of the Board meetings and all meetings of the Executive Committee. He or she shall execute all deeds, contracts, agreements, transfers, and such other instruments as may be ordered by the Board. Vice - Presidents. The Vice - President shall perform such duties as may be prescribed by the Board, the Executive Committee, or the President. The Vice - President may, in case of the absence or disability of the President, be assigned by the Board or Executive Committee to perform any or all of the duties of the President. Board of Commissioners - June 4, 2018 ITEM: 6 - 1 - 3 zli0 r�ie g� GARDENS Secretary. The Secretary shall preserve in the books of the Board true records and minutes of all meetings of the Board, and Executive Committee. The Board shall operate under an annual budget as recommended by the Director and the Treasurer and as amended and adopted by the Board or by the Executive Committee acting for the Board. Treasurer. The Treasurer shall review and authorize disbursement of funds according to the budget and transfer funds among bank and investment accounts, shall periodically review the status of the budget, interim financial statements, and the transactions and books of the Board: shall monitor investment accounts and performance and shall recommend changes to the Executive Committee and the Board. The Treasurer shall review the annual independent audit and recommend and monitor corrective action, and shall render to the Executive Committee and the Board accounts of all fiscal transactions and of the financial condition of the Foundation. Article V — Executive Committee Section 1: Composition. The Executive Committee shall consist of the: President of the Foundation Vice President of the Foundation Secretary of the Foundation Treasurer of the Foundation Director of Airlie Gardens (Non- Voting Member) The President shall serve as Chairman of the Executive Committee Section 2: Function. The Executive Committee shall act between the meetings of the Board and shall possess all the powers of the Board in regard to the conduct of the business of the Board provided, however, that the Executive Committee shall have no power to alter or amend the By -laws of the Foundation. The Executive Committee shall oversee the solicitation, receipt, and disbursement of Foundation funds within the approved annual budget and in accordance with the budgeting procedures established by the Board. The Executive Committee shall also disburse to the Garden funds or grants raised or donated for specific Garden purposes. Members of the Board will be charged with seeking qualified applicants for the at -large positions on the Airlie Gardens Board and encouraging them to apply to the New Hanover County Board of Commissioners. Section 3: Procedure. Executive Committee action may be taken on simple majority vote by mail, email or other recorded devices if a meeting is not practical. Section 4: Quorum. Three (3) members of the Executive Committee shall constitute a quorum at any meeting of the Committee. Board of Commissioners - June 4, 2018 ITEM: 6 - 1 - 4 ,�lir�ie g� GARDENS Article VI — Committees Section 1: Committees. The Board may, by resolution, provide for any and all committees necessary for the proper conduct of the affairs of the Board. Committees may also be established by the President along with the approval of the Executive Committee as is deemed necessary. The duties and responsibilities of each committee, not inconsistent with the By -laws, shall be determined by the Board or the Executive Committee. The President and the Director of Airlie Gardens shall be members ex officio of each committee and shall have the power to vote in committee meetings. All other members shall be appointed for certain terms by the Board or by the Executive Committee acting for the Board. Vacancies shall be filled by appointment of the President for unexpired terms. Section 2: Standing Committees (as needed): The standing committees of the Board are: Finance — Reviews the annual budget, performs a monthly review of the financial records, prepares a monthly report to the Board and ensures financial transactions are conducted in accordance with documented fiscal and investment policies of the Board. Also reviews Endowment Fund investment strategies with Financial Advisors. Buildings & Grounds -Works with Airlie Gardens Staff and Director to review buildings and grounds upgrade recommendations. Reports to the Board recommendations to the Buildings and grounds that will require a capital expenditure outside of the normal yearly maintenance. Development — Subcommittees — Capital Campaign, Endowment, Annual Fund/Membership -Works with the sponsorship committee and Donor Relations Director to grow sponsors and memberships. Marketing and Outreach — Subcommittees — Events, Education, Volunteers and Marketing -works with Airlie Gardens staff to promote Airlie Gardens events, grow Airlie visibility both in New Hanover County and outside the community; review marketing strategy to ensure efficient advertising spending. Non -Board members may serve on the standing committees of the Board. The committee chair must be a member of the Airlie Gardens Foundation. Board of Commissioners - June 4, 2018 ITEM: 6 - 1 - 5 zli0 r�ie g� GARDENS Article VII — Meetings of the Foundation Section 1: Regular Meetings. There shall be an annual meeting of the Board of Directors of the Foundation, to be held in August in Wilmington, North Carolina, together with such additional meetings as the Board of Directors may schedule. Section 2: Emergency Meetings. In the event, emergency meetings of the Board are required outside of the normal meeting schedule, these maybe called by the President or a majority of the Executive Committee. If voting is required by the Board on an action to be taken, this action may be taken on a simple majority by mail, email or recorded devices if a face to face meeting is not practical. Section 3: Notice. Notice of regular meetings shall be communicated to the Board at least five (5) days prior to the scheduled date set for the regular meeting of the Board. This notice may be communicated by email, regular mail or phone. Notice of emergency meetings will be communicated to the Board members by mail, email or recorded devices as soon as practical. Article VIII — Fiscal Year Section 1: Duration. The fiscal year of the Foundation shall be from July 1 through June 30 inclusive. The Airlie Garden Board shall adopt an operating budget (1) month after the New County Government has approved and adopted their budget respectively or as soon as practical thereafter. Article IX — Amendments Section 1: Method. These By -laws may be amended, altered, or repealed by a recommendation of the Board at any regular meeting or at any special meeting (provided notice of the proposed change or amendment is given in the notice of such special meeting), with final approval by the New Hanover County Board of Commissioners. . Board Approval of Amendments: May 21, 2018 Board of Commissioners - June 4, 2018 ITEM: 6 - 1 - 6 NEW HANOVER COUNTY BOARD OF COMMSSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 .K DEPARMMENI: Tax PRESEVMgS): Trina Lewis, Collections Supervisor CONrACT(S): Trina Lewis SUBJECT: Approval of April 2018 Tax Collection Reports BRIEF SUNP ARY: Although the overall collections for April 2018 is ahead of collections from April 2017, New Hanover County Real Property collections is a little behind from last year due to increased refunds from appeals. The report for April 2018 in comparison to April 2017 is as follows: New Hanover County April 2018 April 2017 Real Property 99.04% 99.08% Personal Property 95.61% 94.34% Motor Vehicle 100.00% 100.00% Overall Collection Rate 98.82% 98.75% Total Collected YTD $167,359,141.99 $167,201,970.77 New Hanover County Debt Service April 2018 April 2017 Real Property 99.03% 98.98% Personal Property 95.50% 94.25% Motor Vehicle 100.00% 100.00% Overall Collection Rate 98.80% 98.63% Total Collected YTD $21,430,369.78 $20,443,686.21 Grand Total Collected YTD $188,789,511.77 $187,645,656.98 New Hanover County Fire District Apri12018 April 2017 Real Property 99.09% 98.98% Personal Property 96.25% 95.14% Motor Vehicle 100.00% 100.00% Overall Collection Rate 98.88% 98.70% Total Collected YTD $9,905,063.16 $8,081,933.01 STRATEGIC PLAN ALICNNI - Superior Public Health, Safety and Education Board of Commissioners - June 4, 2018 ITEM: 7 • Keep the public informed on important information RECONr*PMED MOBON AND REQUESTED ACHOM: Approve the reports. ATTACIIIQVIS: New Hanover County Monthly Collection Report for April 2018 New Hanover County Debt Service Monthly Collection Report for April 2018 New Hanover County Fire District Monthly Collection Report for April 2018 COUNTY NIANAC"S CONNENIS AND RECONI VOSMATIONS: (only Manager) Recommend approval. W11 1T Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 7 New Hanover County Monthly Collection Report for April 2018 Current Year 2017 -2018 Total 2017 Collections YTD 167,359,141.99 Prior Years 2007 -2016 Real Estate Personal Property Motor Vehicles Combined Scroll /Billed $ 147,193,052.92 $ 14,064,841.10 $ 9,092,318.94 $ 170,350,212.96 Abatements $ (930,705.05) $ (377,041.61) $ 635,008.55 $ (1,307,746.66) Adjustments $ 12,934.22 $ 35,096.01 $ (122.43) $ 48,030.23 Total Taxes Charged $ 146,275,282.09 $ 13,722,895.50 $ 9,092,318.94 $ 169,090,496.53 Collections to Date $ 146,116,618.41 $ 13,172,594.71 $ 9,092,318.94 $ 168,381,532.06 *Refunds $ 1,238,917.10 $ 53,110.86 $ 16,527.48 $ 1,292,027.96 Write -off $ (321.26) $ (1,274.93) $ 7,266.84 $ (1,596.19) Outstanding Balance $ 1,397,259.52 $ 602,136.72 $ - $ 1,999,396.24 Collection Percentage $ 99.04 $ 95.61 $ 100.00 $ 98.82 YTD Interest Collected $ 192,799.04 $ 13,332.43 $ 63,506.42 $ 269,637.89 Total 2017 Collections YTD 167,359,141.99 Prior Years 2007 -2016 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,633,147.62 $ 3,628,433.39 $ 635,008.55 $ 5,896,589.56 Abatements $ (20,809.48) $ (184,466.81) $ (122.43) $ (205,398.72) Adjustments $ 522.70 $ 41.52 $ 564.22 Total Levy $ 1,612,860.84 $ 3,444,008.10 $ 634,886.12 $ 5,691,755.06 Collections to Date $ 537,942.95 $ 94,565.80 $ 16,527.48 $ 649,036.23 *Refunds $ 46,880.29 $ 42,592.04 $ 7,266.84 $ 96,739.17 Write -off $ (109.69) $ (288.43) $ (76.47) $ (474.59) Outstanding Balance $ 1,121,688.49 $ 3,391,745.91 $ 625,549.01 $ 5,138,983.41 YTD Interest Collected $ 64,817.58 $ 18,876.68 $ 5,304.04 $ 88,998.30 Total Prior Year Collections YTD 641,295.36 Grand Total All Collections YTD $ 168,000,437.35 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - June 4, 2018 ITEM: 7 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for April 2018 Current Year 2017 -2018 Total 2017 Collections YTD $ 21,430,369.78 Prior Years 2007 -2016 Real Estate Personal Property Motor Vehicles Combined Scroll /Billed $ 18,835,888.83 $ 1,806,926.19 $ 1,154,972.48 $ 21,797,787.50 Abatements $ (119,169.90) $ (49,750.99) $ $ $ (168,920.89) Adjustments $ 1,656.09 $ 4,493.76 $ 65.10 $ 6,149.85 Total Taxes Charged $ 18,718,375.02 $ 1,761,668.96 $ 1,154,972.48 $ 21,635,016.46 Collections to Date $ 18,560,610.94 $ 1,682,745.41 $ 1,154,972.48 $ 21,398,328.83 *Refunds $ 23,746.36 $ 460.43 891.36 $ $ 24,206.79 Write -off $ (56.71) $ (169.73) $ $ $ (226.44) Outstanding Balance $ 181,453.73 $ 79,214.25 $ - $ 260,667.98 Collection Percentage $ 99.03 $ 95.50 4,089.21 100.00 98.80 YTD Interest Collected $ 22,629.09 $ 1,729.61 $ 7,682.25 $ 32,040.95 Total 2017 Collections YTD $ 21,430,369.78 Prior Years 2007 -2016 Real Estate Personal Property Motor Vehicles Combined $ 95,984.27 $ 87,277.38 $ $ 183,261.65 Scroll Abatements $ (950.90) $ (8,456.07) $ $ (9,406.97) Adjustments $ 65.10 $ 5.17 $ $ 70.27 Total Levy $ 95,098.47 $ 78,826.48 $ $ 173,924.95 Collections to Date $ 46,246.35 $ 3,820.03 $ $ 50,066.38 *Refunds $ 690.77 $ 891.36 $ $ 1,582.13 Write -off $ (23.26) $ (41.77) $ $ (65.03) Outstanding Balance $ 49,519.63 $ 75,856.04 $ $ 125,375.67 YTD Interest Collected $ 3,499.63 $ 589.58 $ $ 4,089.21 Total Prior Year Collections YTD 54,155.59 Grand Total All Collections YTD $ 21,484,525.37 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - June 4, 2018 ITEM: 7 - 2 - 1 New Hanover County Fire District Monthly Collection Report for April 2018 Current Year 2017 -2018 Total 2017 Collections YTD 9,905,063.16 Prior Years 2007 -2016 Real Estate Personal Property Motor Vehicles Combined Scroll /Billed $ 8,451,812.96 $ 972,929.49 $ 637,047.15 $ 10,061,789.60 Abatements $ (40,760.30) $ (36,182.58) $ 35,337.25 $ (76,942.88) Adjustments $ 6,698.05 $ 5,182.22 $ (17.46) $ 11,880.27 Total Taxes Charged $ 8,417,750.71 $ 941,929.13 $ 637,047.15 $ 9,996,726.99 Collections to Date $ 8,345,475.93 $ 906,732.22 $ 637,047.15 $ 9,889,255.30 *Refunds $ 4,593.20 $ 226.91 $ 380.32 $ 4,820.11 Write -off $ (39.11) $ (121.85) $ (160.96) Outstanding Balance $ 76,828.87 $ 35,301.97 $ - $ 112,130.84 Collection Percentage $ 99.09 $ 96.25 $ 100.00 $ 98.88 YTD Interest Collected $ 10,813.04 $ 931.76 $ 4,063.06 $ 15,807.86 Total 2017 Collections YTD 9,905,063.16 Prior Years 2007 -2016 Real Estate Personal Property Motor Vehicles Combined Scroll $ 89,336.26 $ 186,352.94 $ 35,337.25 $ 311,026.45 Abatements $ (2,684.26) $ (7,200.44) $ (17.46) $ (9,902.16) Adjustments $ - $ - Total Levy $ 86,652.00 $ 179,152.50 $ 35,319.79 $ 301,124.29 Collections to Date $ 27,692.67 $ 3,321.65 $ 380.32 $ 31,394.64 *Refunds $ 1,401.12 $ 702.73 $ 2,103.85 Write -off $ (11.07) $ (23.36) $ (5.52) $ (39.95) Outstanding Balance $ 60,349.38 $ 176,510.22 $ 34,933.95 $ 271,793.55 YTD Interest Collected $ 3,441.50 $ 899.07 $ 245.10 $ 4,585.67 Total Prior Year Collections YTD 35,980.31 Grand Total All Collections YTD $ 9,941,043.47 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - June 4, 2018 ITEM: 7 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 CONSENT DEPARMMENIc Strategy & Budget PRESENTER(S): Elizabeth M. Schrader, Chief Strategy and Budget Officer CONI'ACT(S): Elizabeth M. Schrader SUBJECT: Adoption of Budget Amendment BRIEF SUMMARY: The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30, 2018: Room Occupancy Tax 18 -064 STRATEGIC PLAN ALIGMIENT- Strong Financial Performance • Control costs and manage to the budget I: 79: K/Ju11%Iy►`I17y1711:/711[�)►`/_ \►117;79 " /1119:�1y17_[N1[/J►lli Adopt the ordinance for the budget amendment listed. ATTACEINIHNIS: 18 -064 COUNTY N14M +R'S CONIVIENIS AND RECONIVIENDATIONS: (only Manager) Recommend approval. CONMSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 8 AGENDA: June 4, 2018 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2018 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2018. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Attract / retain new and expanding businesses Enhance / add recreational, cultural and enrichment amenities Fund: Room Occupancy Tax (ROT) Department: Finance Expenditure: Decrease Increase Total BA 18 -064 Economic & Physical Development $ 378,763 $ 378,763 Total $ - $ 378,763 $ 378,763 Revenue: Decrease Increase Total BA 18 -064 Room Occupancy Tax $ 378,763 $ 378,763 Total $ - $ 378,763 $ 378,763 Prior to Actions Total if Actions Todav Taken Departmental Budget $ 13 349,621 $ 13,728,384 Section 2: Explanation BA -18 -064 The County distributes a portion of its Room Occupancy Tax, based on where the Room Occupancy Tax is collected and as dictated by General Statute, to the County's Tourism Development Authority. Due to the overall increases seen in the Room Occupancy Tax collections, the County expects to distribute more to the Tourism Development Authority than originally budgeted. The Room Occupancy Tax and the distribution to the Tourism Development Authority are being increased by $378,763 to cover the anticipated increase in expenditure. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 18 -064 amending the annual budget ordinance for the fiscal year ending June 30, 2018, is adopted. Adopted, this 4th day of June, 2018. (SEAL) Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 4, 2018 ITEM: 8 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMSSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 REGULAR DEPARMMENr- Strategy & Budget PRESINIMS): Elizabeth M. Schrader, Chief Strategy & Budget Officer CONI'ACT(S): Elizabeth Schrader and Kemp Burpeau, Deputy County Attorney SUBJEC.'T: Public Hearing Economic Development and Economic Incentives Appropriations (limit three minutes) BRIEF SUMMARY: Consistent with General Statute 158 -7.1, the Board of County Commissioners is required to notify the public at least 10 days prior to conducting a public hearing for every appropriation or expenditures related to economic development. In addition to the procedural requirements, elected boards are also required to make a specific finding prior to approving any appropriation or expenditure for economic development that the appropriation or expenditure will "increase the population, taxable property, agricultural industries, employment, industrial output or business prospects of the city or county." The following economic development expenditures have been recommended for appropriation in the FYI 8- 19 budget and are under consideration for adoption. If, after conducting the public hearing, the Board finds that the appropriations / expenditures identified below will increase the population, taxable property, agricultural industries, employment, industrial output or business prospects for New Hanover County, and the Board appropriates the items identified below as part of the FY2018 -2019 Adopted Budget, then no additional Board action will be required to expend the funds. New incentives, appropriations or expenditures or subsequent increases, will require public notice and another public hearing. Economic Development Agencies / Organizations These appropriations will be funded from General Fund revenues of the County. Organization Amount Paid Description of Activities/Expense Over Arts Council of Support arts -driven economic development activities to Wilmington $10,000 1 payment increase attendance and encourage increased spending in the local economy Support seasonal staff for The Cucalorus Festival Cucalorus Film $16000 1 payment ((Film, Stage, Connect) events which encourage , Foundation visitor /tourist attendance and encourage increased spending in the local economy Foreign Trade Promotion $2,000 1 payment Support job creation and sustainable growth through Board of Commissioners - June 4, 2018 ITEM: 9 Council expanding global trade by North Carolina companies Friends of Fort Support educational programs to increase visitor /tourist Fisher $3,000 1 payment attendance and encourage increased spending in the local economy Friends of the Support hull repairs and educational programs to Battleship $10,000 1 payment support visitor /tourist attraction and encourage increased spending in the local economy Southeastern Economic Assist with project development necessary for the Development $18,240 1 payment solicitation of grant funding from the Economic Commission Development Administration (EDA) The Southeastern $20,000 1 payment Provide regional and targeted industry specific Partnership, Inc. marketing and conduct familiarization events Wilmington Business $199,749 4 payments Provide recruitment/assistance for business expansion Development $15,000 1 payment and /or relocation efforts Wilmington $25,000 1 payment Provide activities to increase the number of businesses, Downtown Inc. jobs and tax base in Wilmington's Urban Core Wilmington Promote /assist TV & film production activities to drive Regional Film $126,231 4 payments local entertainment business growth, support local Commission production infrastructure & businesses Benchmark $20,000 2 payments Phase II: Request for Proposal (RFP) Preparation and Planning, Inc. $100,000 1 payment Selection for Project Grace SM &E Engineering $35,000 2 payments Hazardous Materials Study and Phase II Environmental Services Assessment study for the Project Grace site Bateman Civil Engineering $10,000 1 payment Alta- Survey for the Project Grace site JC Morgan Co. $15,000 1 payment Commercial Appraisal for the Project Grace site First Tryon Bank $85,000 2 payments Financial Analysis of development proposals for Project Grace Vines Space allocation and concept design for existing Cape Architecture, Inc. $49,000 2 payments Fear Museum site to be converted into a collections and research center Wilmington Provide project management for and procure Business $100,000 1 payment geotechnical, flood study, survey, environmental and Development traffic engineering services for county -owned land located on Blue Clay Road Previously Approved Contractual Incentive Payments The following are incentive payments that were previously Board approved as outlined in incentive agreement contracts to be paid upon the company meeting specified investment / job requirements: Fortron, up to $100,000, 1 payment. In addition, the County will carry over two incentive payments budgeted in FYI 7-18 to the FYI 8-19 budget for payment in FYI 8-19 for Castle Branch, up to $50,000, 1 payment; and Live Oak Bank, up to $65,000, 1 payment. These appropriations will be funded from General Fund revenues of the County. Infrastructure Investments Board of Commissioners - June 4, 2018 ITEM: 9 A capital project investment of $525,000 the second of three annual contributions to CFPUA, to provide fire flow to the water system being constructed along Highway 421, and $250,000 for the Town of Wrightsville Beach, the first of two annual payments, for infrastructure improvements. These appropriations will be funded from General Fund revenues of the County. Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Build and maintain infrastructure • Implement plans for land use, economic development, infrastructure and environmental programs RECONIVIENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing. ATTACINUVIS: Script for Economic Development Public Hearing Economic Development Public Hearing Notice COUNTY MANA( S C011ARNIS AND RECONrVI DDATIONS: (only Manager) Conduct public hearing. CONMSSIONERS' ACTIONS: Conducted public hearing. Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 9 SCRIPT FOR AGENDA ITEM JUNE 4, 2018 CHAIRMAN WHITE: I will now open a public hearing to receive comments on appropriations and expenditures for economic development. The source of funding for these appropriations and expenditures will be from the General Fund. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. The economic development expenditures that follow have been recommended for appropriation in the FY18 -19 budget and are under consideration for adoption on June 4, 2018. The public is invited to comment on the following: Economic Development Agencies /Organizations Organization Amount Arts Council of Wilmington $10,000 Cucalorus Film Foundation $16,000 Foreign Trade Promotion Council $2,000 Friends of Fort Fisher $3,000 Friends of the Battleship $10,000 Southeastern Economic Development Commission $18,240 The Southeastern Partnership, Inc. $20,000 Wilmington Business Development $199,749 Wilmington Downtown Inc. $25,000 Benchmark Planning, Inc. $20,000 SM &E Engineering Services $35,000 Bateman Civil Engineering $10,000 JC Morgan Co. $15,000 First Tryon Bank $85,000 Vines Architecture, Inc. $49,000 Wilmington Regional Film Commission $126,231 Wilmington Business Development Blue Clay Road property $100,000 Board of Commissioners - June 4, 2018 ITEM: 9 - 1 - 1 SCRIPT FOR AGENDA ITEM JUNE 4, 2018 Previously Approved Contractual Incentive Payments: Organization Amount Fortron Up to $100,000 Castle Branch Up to $50,000 Live Oak Bank Up to $65,000 Infrastructure Investment Finally, the following appropriations /expenditures are related to infrastructure and /or capital investments: CFPUA, $525,000, 1 payment, the second of three annual contributions to provide fire flow to the water system being constructed along Highway 421; and $250,000 for the Town of Wrightsville Beach for infrastructure improvements. The Board will now hear public comments. Hear comments, if any. I will now close the public hearing. Is there a motion to approve the economic development appropriations and expenditures based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County? Motion: Second: Staff is directed to do any and all things necessary to finalize the economic incentive appropriations. Board of Commissioners - June 4, 2018 ITEM: 9 - 1 - 2 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE THAT THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL HOLD A PUBLIC HEARING ON MONDAY, JUNE 4, 2018 AT 4:00 P.M., OR THEREAFTER, IN THE ASSEMBLY ROOM OF THE NEW HANOVER COUNTY HISTORIC COURTHOUSE, 24 NORTH THIRD STREET, ROOM 301, WILMINGTON, NORTH CAROLINA FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON APPROPRIATIONS AND EXPENDITURES FOR ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENTS. THE PURPOSES OF ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENTS ARE TO INCREASE THE POPULATION, TAXABLE PROPERTY, AGRICULTURAL INDUSTRIES, EMPLOYMENT, INDUSTRIAL OUTPUT OR BUSINESS PROSPECTS FOR NEW HANOVER COUNTY. FOR FISCAL YEAR 2018 -2019, THE COUNTY IS CONSIDERING APPROPRIATING THE FOLLOWING ECONOMIC DEVELOPMENT /INCENTIVE EXPENDITURES AS PART OF THE FY18- 19 BUDGET: Arts Council of Wilmington, $10,000, 1 payment, Support arts- driven economic development activities to increase attendance and encourage increased spending in the local economy; Cucalorus Film Foundation, $16,000, 1 payment, Support seasonal staff for The Cucalorus Festival (Film, Stage, Connect) events which encourage visitor /tourist attendance and encourage increased spending in the local economy; Foreign Trade Promotion Council, $2,000, 1 payment, Support job creation and sustainable growth through expanding global trade by North Carolina companies; Friends of Fort Fisher, $3,000,1 payment, Support educational programs to increase visitor /tourist attendance and encourage increased spending in the local economy; Friends of the Battleship, $10,000,1 payment, Support hull repairs and educational programs to support visitor /tourist attraction and encourage increased spending in the local economy; Southeastern Economic Development Commission, $18,240, 1 payment, Assist with project development necessary for the solicitation of grant funding from the Economic Development Administration (EDA); The Southeastern Partnership, Inc., $20,000, 1 payment, Provide regional and targeted industry specific marketing and conduct familiarization events; Wilmington Business Development, $199,749, 4 payments, Provide recruitment /assistance for business expansion and /or relocation efforts; Wilmington Downtown Inc., $25,000, 1 payment, Provide activities to increase the number of businesses, jobs and tax base in Wilmington's Urban Core; Wilmington Regional Film Commission, $126,231, 4 payments, Promote /assist TV & film production activities to drive local entertainment business growth, support local production infrastructure & businesses; Benchmark Planning, Inc., $20,000, 2 payments, Phase II: Request for Proposal (RFP) Preparation and Selection for Project Grace; SM &E Engineering Services, $35,000, 2 payments, Hazardous Materials Study and Phase II Environmental Assessment study for the Project Grace site; Bateman Civil Engineering, $10,000, 1 payment, Alta- Survey for the Project Grace site; JC Morgan Co., $15,000, 1 payment, Commercial Appraisal for the Project Grace site; First Tryon Bank, $85,000, 2 payments, Financial Analysis of development proposals for Project Grace; Vines Architecture, Inc., $49,000, 2 payments, Space allocation and concept design for existing Cape Fear Museum site to be converted into a collections and research center; Wilmington Business Development, $100,000, 1 payment, Provide project management for and procure geotechnical, flood study, survey, environmental and traffic engineering services for county -owned land located on Blue Clay Road The source of funding for these appropriations and expenditures will be from the General Fund of the County. Board of Commissioners - June 4, 2018 ITEM: 9 - 2 - 1 The following are incentive payments that were previously board approved as outlined in incentive agreement contracts to be paid upon the company meeting specified investment /job requirements: Fortron, up to $100,000, 1 payment. In addition, the county will carry over two incentive payments budgeted in FY17 -18 to the FY18 -19 budget for payment in FY18 -19 for Castle Branch, up to $50,000, 1 payment; and Live Oak Bank, up to $65,000, 1 payment. The source of funding for these incentive payment appropriations and expenditures will be from the General Fund of the county. Finally, the following appropriations /expenditures are related to infrastructure and /or capital investments: CFPUA, $525,000, 1 payment, the second of three annual contributions to provide fire flow to the water system being constructed along Highway 421; and $250,000 for the Town of Wrightsville Beach for infrastructure improvements. THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL RECEIVE PUBLIC COMMENT ON THESE AGREEMENTS AT THE ABOVE STATED TIME AND PLACE. Kymberleigh G. Crowell, Clerk to the Board of County Commissioners New Hanover County, North Carolina Board of Commissioners - June 4, 2018 ITEM: 9 - 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 DEPARMMENIc Strategy & Budget PRESFNIFR(S): Chris Coudriet, County Manager CONIACT(S): Elizabeth Schrader, Chief Strategy & Budget Officer SUBJECT: Public Hearing on the FY2018 -2019 Recommended Budget (limit three minutes) BRIEF SUMA ARY: Pursuant to General Statute 159- 12(b), before adopting the budget ordinance, the Board shall hold a public hearing at which time persons who wish to be heard on the budget may appear. This public hearing on the FY2018 -2019 Recommended Budget meets the requirements. Estimated Minutes Agency 3 minutes New Hanover County Schools 3 minutes Cape Fear Community College 3 minutes each Other Agencies / Individuals STRATEGIC PLANALIC71aKM- Strong Financial Performance • Control costs and manage to the budget MOTION AND REQUESTED ACTION: Conduct public hearing. ATrACYAMNIS: Script Hearing Notice COUNTY MANAGER'S COMVIENIS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. COMMISSIONERS' ACTIONS: Conducted public hearing. Adopted the FY2018 -2019 Recommended Budget with updates presented and Board of Commissioners - June 4, 2018 ITEM: 10 discussed 5 -0. Board of Commissioners - June 4, 2018 ITEM: 10 SCRIPT FOR AGENDA ITEM June 4, 2018 Chairman White: Pursuant to General Statute 159- 12(b), before adopting the budget ordinance, the board shall hold a public hearing at which time any persons who wish to be heard on the budget may appear. This public hearing on the FY2018 -2019 Recommended Budget meets these requirements. The Board will now hear public comments. Please limit your three (3) minute comments to the budget. Hear comments, if any. I will now close the public hearing. Board of Commissioners - June 4, 2018 ITEM: 10-1 -1 PUBLIC NOTICE THE NEW HANOVER COUNTY RECOMMENDED BUDGET FOR FISCAL YEAR 2018 -2019 HAS BEEN SUBMITTED TO THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS. THE BOARD WILL HOLD A PUBLIC HEARING ON THE BUDGET ON MONDAY, JUNE 4, 2018 AT 4:00 P.M., OR THEREAFTER, IN THE ASSEMBLY ROOM OF THE NEW HANOVER COUNTY COURTHOUSE, 24 NORTH THIRD STREET, ROOM 301, WILMINGTON NORTH CAROLINA. A COPY OF THE RECOMMENDED BUDGET IS AVAILABLE FOR PUBLIC INSPECTION IN THE COUNTY COMMISSIONER'S OFFICE AT THE NEW HANOVER COUNTY GOVERNMENT CENTER, ALL BRANCHES OF THE PUBLIC LIBRARY, AND ON THE NEW HANOVER COUNTY WEBSITE: www.nhcgov.com /Budget. Kymberleigh G. Crowell Clerk to the Board of County Commissioners Board of Commissioners - June 4, 2018 ITEM: 10- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 DEPARMVI NR Planning PRESEVMgS): Brad Schuler, Current Planner (Planning Board Rep: David Weaver) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning Manager; and Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA18 -01) — Request by Harper Capital, LLC, to Amend the Table of Permitted Uses, Article VI and Article VII of the Zoning Ordinance Regarding the Location and Access Requirements of High Density Developments 1:1:71yOF t05luM.�'A The applicant is seeking to amend location and access regulations for high density residential developments. These standards tie high density developments to certain land use classifications (place types) of the Comprehensive Plan and require direct access to a major or minor arterial street. While high density developments have been historically required to locate within certain land use classifications of the effective CAMA land use plan,the adoption of the 2016 Comprehensive Plan and its companion "bridging" text amendment (A -424) resulted in an unintended consequence in which many properties lost the ability to apply for a high density development permit. This text amendment would provide flexibility to the eligibility requirements for these types of developments. Specifically, it would allow for property owners with land near the boundaries of the required place types (Urban Mixed Use, Community Mixed Use, and Employment Center) to apply for a high density development permit. The proposed amendment will also allow high density developments to access an arterial street via a private street or from a variety of public streets. Because high density developments are required to be rezoned to a Planned Developmentor obtain a Special Use Permit, the Planning Board and Board of Commissioners will have the opportunity to review any application for high density development that might become eligible as a result of the proposed amendment. The proposed amendment does not permit any specific high density developments, but only allows for applications to be submitted in areas in close proximity to the subject place types. Staff concludes that the proposed text amendment is generally CONSISTENT with the Comprehensive Plan because it aligns with the objective of having a non - legally binding Future Use Map that is not interpreted as a zoning map. The Planning Board considered this application at their May 3, 2018 meeting. At the meeting the Board discussed how the proposed amendment aligns with the drafting of the Unified Development Ordinance, the possibility of removing the place type requirement, and the potential impacts of modifying the access requirements. No one from the public spoke in favor of, or in opposition to, the application. The Board recommended approval of the application (4 -1), concluding that it is: Board of Commissioners - June 4, 2018 ITEM: 11 I . Consistent with the purposes and intent of the 2016 Comprehensive Plan because it aligns with the objective of having a non - legally binding Future Land Use Map that is not interpreted as a zoning map. 2. Reasonable and in the public interest because the proposal updates requirements that may hinder mixed use development patterns; which promote business success, maximize the efficient use of land, and support alternative modes of transportation, thereby reducing the dependency on the automobile. In addition, the proposal does not permit specific high density developments, but it only allows for applications for a Special Use Permit or Planned Development to be considered. STRATEGIC PLAN ALIGNI EM- Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs MOTION AND REQDESTID ACTIONS: Staff concurs with the Planning Board's action and and suggest the following the motion: Motion to approve, affirming the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Example Motion for Approval: Motion to approve, as the Board finds that this request for a zoning ordinance amendment is: Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, applicable plans, or balancing benefits and detriments]. Example Motion for Denial: Motion to deny, as the Board finds that this request for a zoning ordinance amendment is: 1. Not Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, applicable plans, or balancing benefits and detriments]. ATTACENI NTS: Script for BOC TA18 -01 Staff Summary BOC Applicant Materials Cover Sheet TA18 -01 Application COUNTY MANAGER'S COMMENTS AND RWOMME\DATIONS: (only Manager) Recommend approval as presented by staff. Board of Commissioners - June 4, 2018 ITEM: 11 COAMSSIONERS' ACIIONS: Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 11 SCRIPT FOR Zoning Ordinance Text Amendment JAI 8-01) Request by Harper Capital, LLC, to amend the Table of Permitted Uses, Article VI and Article VII of the Zoning Ordinance regarding the location and access requirements of high density developments. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed up to 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct He a. b. C. d. e. paring, as follows: Staff presentation Applicant' s presentation (up to 15 minutes) Opponent's presentation (up to 15 minutes) Applicant's rebuttal (up to 5 minutes) Opponent's rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board Discussion 5. Vote on amending the Zoning Ordinance. The motion should include a statement saying how the amendment is or is not consistent with the land use plan and why it is or is not reasonable and in the public interest. Options for Motions: • Motion to approve the text amendments as presented in the staff summary or a modified version of the text amendments; • Motion to "table" the item in order to receive more information; or • Motion to deny the amendment proposal based on specific reasons, such as the proposal is not consistent with the land use plan and /or the proposal is not reasonable and /or the proposal is not in the public interest. Staff Suggested Motion: Motion to approve, affirming the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Alternative Motion for Approval /Denial: Motion to [Approve /Deny], as the Board finds that this application as described is: 1. [Consistent /Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because (Describe elements of controlling land use plans and how the amendment is or is not consistentl. 2. [Reasonable /Not Reasonable] and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detrimentsl. STAFF SUMMARY OF TAI 8-01 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TAI 8-01 Request: To amend the location and access requirements for high density residential developments. Applicant: Subject Ordinance: Stephen C. Pritchard, Esq. Zoning Ordinance Harper Capital, LLC Subject Article(s) and Section(s): • Article V: District Regulation o Table of Permitted Uses • Article VI: Supplementary District Regulations o Section 61.3: Thoroughfare Requirements • Article VII: Provisions for Uses Allowed as Special Uses o Section 72 -43: High Density Development BACKGROUND Summary: The applicant is seeking to amend location and access regulations for high density residential developments. These standards tie high density developments to certain land use classifications (place types) of the Comprehensive Plan and require direct access to a major or minor arterial street. While high density developments have been historically required to locate within certain land use classifications of the effective CAMA land use plan, the adoption of the 2016 Comprehensive Plan and its companion "bridging" text amendment (A -424) resulted in many properties losing the ability to apply for a high density development permit. This text amendment would provide additional flexibility to the eligibility requirements for these types of developments. Staff has also identified that these specific standards are likely to be modified in the new Unified Development Ordinance (UDO), however this section will not be addressed until a later phase of the project. The applicant prefers not to wait for the UDO to be adopted. Additional Information: A high density development is a residential development that exceeds the density limits of the applicable zoning district. These developments are permitted in the R -10, R -15, R -20, and 0&1 zoning districts with a Special Use Permit (SUP), and in the PD zoning district by- right. High density developments may consist of any housing type (single - family, duplex, townhome, condos, multi- family, etc.) and may be made up of a variety of densities and overall number of dwelling units. In order to ensure high density developments are located in appropriate areas, where higher density may be appropriate and adequate infrastructure is available, the Zoning Ordinance contains specific regulations for the use. These regulations include location and access standards. Specifically, high density developments are only permitted in the Urban Mixed Use, Community TA18 -01 Staff Summary BOC 6.4.2018 Board of Commissioners - June 4, 2018 ITEM: 11- 2 - 1 Page 1 of 7 Mixed Use, and Employment Center place types and must have access to a major or minor arterial street. The County has historically limited high density developments to certain land use classifications listed in the effective CAMA land use plan, specifically Urban and Transition areas. Those land use classifications were tied to existing development patterns and intensities, the availability of infrastructure, and desired future density levels. In 2016, the County adopted the 2016 New Hanover County Comprehensive Plan, Plan NHC. This plan included a new Future Land Use Map, which established new land use classifications (place types). These place types, however, are not defined by the current availability of infrastructure, but instead establish a long -term vision of the County's development through the year 2040. The plan states that the intent of the Future Land Use map is not to be legally binding, but a general representation of the vision for the County's future land use. It further states that place types should not be interpreted as being parcel specific like a zoning district. Because the Zoning Ordinance requirements for high density developments included references to the previous but no longer existing CAMA land use classifications, the Zoning Ordinance needed to be amended. In order to account for the new approach to land classification by place type, a "bridging" text amendment (A -424) was adopted in September 2016 until a more thorough approach could be developed during the UDO process. The intent of that text amendment was to be policy neutral by not making any fundamental changes to the regulatory concepts in the Zoning Ordinance. It sought to replace the former CAMA land use classifications with the most similar place types in terms of intent and recommended levels of density. However, because of the differences between the previous CAMA land use classifications and the new place types, the areas of the county where high density development was possible shifted with that text amendment. Prior to the amendment, property owners could apply for high density development permits in most areas of the county where infrastructure was available. With the "bridging" text amendment, high density developments are allowed within the Urban Mixed Use, Community Mixed Use, and Employment Center place types, regardless of existing availability of infrastructure. They cover areas of the county where utilities are not available and do not cover areas that would have been eligible to apply for high density development permits previously. Below are the current Future Land Use Map and the former CAMA Land Use Map, with only the subject land use classifications shown. Approximately, 15,000 acres of land lost the ability to apply for a high density development permit with the adoption of the 2016 Comprehensive Plan and "bridging" text amendment. TA18 -01 Staff Summary BOC 6.4.2018 Board of Commissioners - June 4, 2018 ITEM: 11-2 -2 Page 2of7 low i 4 Ciiy Oi.wiimingicn4', r S D Urban Transition LAMA. Urban and Transition Areas 2006 CAMA Plan Areas that lost eligibility to apply for a high density development permit (subject to all other ordinance requirements, SUP approval or PD zoning): high Zv 1 U �- Offlprehensive Plan Urban and Transition thot lost TA18 -01 Staff Summary BOC 6.4.2018 Page 3 of 7 Board of Commissioners - June 4, 2018 ITEM: 11- 2 - 3 This application proposes to modify the standard requiring high density developments to be located within the Urban Mixed Use, Community Mixed Use, and Employment Center place types and the access requirements for the use. Specifically, it seeks to allow applicants to apply for a permit for properties near the boundaries of an Urban Mixed Use, Community Mixed Use, and Employment Center place type. It also seeks to allow high density developments to access arterial streets via a private street. Below, staff examines each requirement individually and offers a recommendation on each. Amendment 1 — PLACE TYPE REQUIREMENT Proposed Text Red and Underline /S (e eug — Petitioner's Proposed Additions /Deletions Article V: District Regulations — Table of Permitted Uses Article VII: Provisions for Uses Allowed as Special Uses — Section 72 -43: High Density Development (D) Determination of site capacity The maximum number of dwelling units that may be built may be determined by multiplying the BASE SITE AREA by the appropriate density factor from the table below. (1 /2/90)(10/5/95). DISTRICT DENSITY FACTOR R -10 17 units /acre R -15 O R -20 4.25 units /acre R R R & Permitted Uses PD 20S 15 10 1 High Density Development (3/22/82) Use, Cengfflunity Mixed Use Place er des (2/16/87, 10 /1 1 /95, 9/6/16) P S S S S Article VII: Provisions for Uses Allowed as Special Uses — Section 72 -43: High Density Development (D) Determination of site capacity The maximum number of dwelling units that may be built may be determined by multiplying the BASE SITE AREA by the appropriate density factor from the table below. (1 /2/90)(10/5/95). DISTRICT DENSITY FACTOR R -10 17 units /acre R -15 10.2 units /acre R -20 4.25 units /acre 0&1 10.2 units /acre PD (inside Employment Center /Urban Mixed Use /Community Mixed Use/ General Residential place types) 4.25 units /acre 2. Each high density development shall be located on a parcel of land that is either totally or primarily in, contiguous to or within 250 feet of, the boundary of areas classified Employment Center, Urban Mixed Use, or Community Mixed Use place types. In cases where a high density development includes primarily Employment Center, Urban Mixed Use, or Community Mixed Use and limited Conservation place type or AE or VE special flood hazard areas or units shall not be clustered at a density greater than 2.5 units per BASE SITE acre in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. (10/5/95)(9/6/16). TA1 8 -01 Staff Summary BOC 6.4.201 8 Page 4 of 7 Board of Commissioners - June 4, 2018 ITEM: 11- 2 - 4 Staff Analysis The proposed amendment will remove a use - specific standard from the Table of Permitted Uses and allow for properties located along the mapped boundary of the Community Mixed Use, Urban Mixed Use, and Employment Center place types to be eligible to apply for a high density development SUP. The Future Land Use Map included in the 2016 Comprehensive Plan is not intended to be a parcel - specific, legally binding map like the County's Zoning Map. Because of these generalized borders, parcels located in proximity to the boundaries between place types could be appropriately developed in accordance with either place type. The intent of the general boundaries is to build flexibility into the plan, allowing site- specific features and evolving development patterns in the surrounding area to be considered during land use decisions. However, as the Zoning Ordinance currently requires high density developments to be located within certain place types, it effectively treats the Future Land Use Map as a zoning map for these types of developments, essentially altering the intent of the Comprehensive Plan and Future Land Use Map. The land along the County's main thoroughfares provides an example of this. While these areas are mostly classified for high density mixed use development in the Future Land Use Map, in many cases the classification only extends a few hundred feet from the right -of -way before changing to the General Residential classification. As commercial businesses are typically developed along thoroughfares, a strict interpretation of the place types may hinder an orderly transition of using varying density residential to go from the higher intensity commercial uses to the lower intensity single - family developments. Because high density developments are required to be rezoned to a planned development or obtain an SUP, the Planning Board and Board of Commissioners will have the opportunity to review any application for high density development that might become eligible as a result of the proposed amendment. The proposed amendment does not permit any specific high density developments, but only allows for applications to be submitted in areas in close proximity to the subject place types. Staff recommends approval of this portion of the proposed amendment. The adoption of the 2016 Comprehensive Plan and the "bridging" amendment resulted in many properties losing the ability to apply for a high density development permit due to the Future Land Use Map being treated similar to a zoning map. This amendment is consistent with the intent of having a non - legally binding Future Land Use Map which will allow some of the properties previously eligible to apply for a high density development permit to again be able to apply once again. TA18 -01 Staff Summary BOC 6.4.2018 Board of Commissioners - June 4, 2018 ITEM: 11- 2 - 5 Page 5 of 7 Amendment 2 — ACCESS REQUIREMENT Proposed Text Red and Underline /S#il(e# erg - Petitioner's Proposed Additions /Deletions Article VI: Supplementary District Regulations - Section 61.3: Thoroughfare Requirements These requirements shall apply to Planned Developments and High Density developments: (A) Access to Thoroughfares - The property to be developed must have direct access to and from an existing major or minor arterial roadway, as indicated on the New Hanover County Thoroughfare Classification Plan. The direct access requirement may be satisfied as follows: 1 . One or more property boundary lines is contiguous with and utilizes access to and from said thoroughfare; or 2. The property is _enne_ted •- accesses said thoroughfare by a NCDOT- maintained public street or by a private street designed and constructed in accordance with the County's minimum standards for a collector road. geing te the eleyelepment, eF etheF existing Planned Deyelepments eF High Density . (2/16/87) Staff Analysis Currently, all high density developments must have a direct driveway access to an arterial street or connect to an arterial street by way of a public street built to NCDOT's residential collector road standards. The proposed amendment will add an option for high density developments to access an arterial street through a private street. Staff supports this request as the County currently allows for residential subdivisions of all sizes and commercial developments to be served by private streets, which must be constructed to the County's minimum standards. The proposed amendment will also add flexibility to the access requirements by allowing high density developments to access an arterial street by way of a variety of public streets classifications. Staff supports this request as NCDOT as owner of these facilities, is charged with ensuring the access is adequate for the subject development through the driveway permitting process. Lastly, the proposal removes the standard that restricts the access to the arterial street to only serving the subject development and future residential development. Staff supports the removal of this standard, as it currently restricts interconnectivity with adjacent commercial properties. Multi- family developments are generally an appropriate transition from higher intensity commercial uses to single - family neighborhoods, and shared accessways between the uses are encouraged. TA18 -01 Staff Summary BOC 6.4.2018 Board of Commissioners - June 4, 2018 ITEM: 11- 2 - 6 Page 6 of 7 PLANNING BOARD ACTION The Planning Board considered this application at their May 3, 2018 meeting. At the meeting the Board discussed how the proposed amendment aligns with the drafting of the Unified Development Ordinance, the possibility of removing the place type requirement, and the potential impacts of modifying the access requirements. No one from the public spoke in favor of, or in opposition to, the application. The Board recommended approval of the application (4 -1 ), concluding that it is: 1 . Consistent with the purposes and intent of the 2016 Comprehensive Plan because it aligns with the objective of having a non - legally binding Future Land Use Map that is not interpreted as a zoning map. 2. Reasonable and in the public interest because the proposal updates requirements that may hinder mixed use development patterns; which promote business success, maximize the efficient use of land, and support alternative modes of transportation, thereby reducing the dependency on the automobile. In addition, the proposal does not permit specific high density developments, but it only allows for applications for a Special Use Permit or Planned Development to be considered. STAFF RECOMMENDATION Staff recommends approval of the application as stated in the Planning's Board action. Staff concurs with the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. TA18 -01 Staff Summary BOC 6.4.2018 Board of Commissioners - June 4, 2018 ITEM: 11- 2 - 7 Page 7 of 7 APPLICANT MATERIALS Board of Commissioners - June 4, 2018 ITEM: 11- 3 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcgov.com TEXT AMENDMENT Application Applicant Information Name Stephen C. Pritchard, Esq. Company Harper Capital, LLC, a North Carolina limited liability company Address 804 Green Valley, Suite 200 City, State, Zip Greensboro, NC 27408 Phone 336.609.5139 Email spritchard @iislaw.com Only) ;-Application Tracking Information (Staff Case Number Date /Time received: Received by: -FA 19- o 1 zl s z - "� W!�> Subject Text Subject Ordinance (Zoning, Subdivision, etc.): Zoning Chapter and Section(s): Permitted Uses Table, Section 61.3 and Section 72 -43 Board of Commissioners - June 4, 2018 ITEM: 11- 4 - 1 Page 3 of 5 Text Amendment - Updated 12/2016 Proposed Text Amendment Please provide the proposed amendment to the stated ordinance and section(s) (please provide additional pages if needed): See attached APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial ". Applications determined to be incomplete must be corrected in order to be processed for further review. Required Information Applicant Staff Initial Initial 1 Complete Text Amendment application. 1?5 2 Application fee — $400 ($600 for Land Use Plan amendments). 5 3 1 hard copy of ALL documents. Additional hard copies may be required by staff �S depending on the size of the document. 4 1 PDF digital copy of ALL documents on a Compact Disk (CD). Page 4 of 5 Text Amendment — Updated 1 2/201 6 Board of Commissioners - June 4, 2018 ITEM: 11-4 -2 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the text amendment for which I am applying. I understand that I have the burden of proving why this requested change is reasonable and in the public interest, and is consistent with the County's Policies for Growth and Development. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. Signature of Applicant Stephen C. Pritchard, Esq. Print Name 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. Application Comments i1NTY Board of Commissioners - June 4, 2018 ITEM: 11- 4 - 3 Page 5 of 5 Text Amendment — Updated 12/2016 Text Amendment Background: The applicant is seeking to amend certain regulations related to the location and access requirements for high density developments. Location: The future land use plan provides for the following with respect to the location of place types: "The intent of the Future Land Use Map is not to be legally binding, but to be a general representation of the vision for New Hanover County's future land use, developed by the citizens and community leaders that participated in the Plan NHC process. The goals of the Future Land Use Map place types are to identify overall areas of applicability for each. However, the individual place type locations should not be interpreted as being parcel specific like a zoning classification would be. Instead, place type locations are interpretations of future development opportunities within the areas that help create a community. This map will serve as a tool for planners to help reach the goals set by the citizens through future development. This map will also be an important tool when developing the new zoning map and the county's new unified development ordinance." As noted above, the Future Land Use Map is not intended to be legally binding in the same way a zoning map would be however, with respect to High Density Developments, the "Bridging Ordinance" (A -424, 7/16) as applied, provides that they are only permitted in areas classified Employment Center, Urban Mixed Use, or Community Mixed Use place types and the practical effect of Bridging Ordinance is (i) that the Future Land Use Map is now being treated as "legally binding" or legally enforceable and (ii) land owners located in areas, contiguous to or within a close proximity of areas classified as Employment Center, Urban Mixed Use; or Community Mixed Use place types, whose desire their project to be consider for a special use permit for high density development are precluded from applying for the same. Access: The thoroughfare direct access requirements for high density projects provide that such projects must either be contiguous to an approved thoroughfare or be connected through a public collector street, built to DOT standards to an approved thoroughfare. The amendment, as proposed, would provide that high density projects may also be connected through private streets built to either DOT or County standards which would provide for more flexibility in development of high density projects that will not be located contiguous to an approved thoroughfare but are designed to be integrated into future or existing projects which are already contiguous to an approved thoroughfare. Board of Commissioners - June 4, 2018 ITEM: 11-4 -4 Article V: District Regulations — Table of Permitted Uses Permitted Uses High Density Development (3/22/82) Permitted only within, Employment P'....ter, Urban Mixed Use, or Community Mixed U, ova Types (2/16/87, 10/11/95,9/6/16) Article VII: Provisions for Uses Allowed as Special Uses — Section 72 -43• High Density Development (D) Determination of site capacity 2. Each high density development shall be located on a parcel of land that is either totally or primarily in, contiguous to or within 250 feet of the boundary of areas classified Employment Center, Urban Mixed Use, or Community Mixed Use place types. In cases where a high density development includes primarily Employment Center, Urban Mixed Use, or Community Mixed Use and limited Conservation place type or AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern, the residential units shall not be clustered at a density greater than 2.5 units per BASE SITE acre in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. (10/5/95)(9/6/16). Article VI: Supplementary District Regulations — Section 61.3: Thoroughfare Requirements (A) Access to Thoroughfares — The property to be developed must have direct access to and from an existing major or minor arterial roadway, as indicated on the New Hanover County Thoroughfare Classification Plan. The direct access requirement may be satisfied as follows: 2. The property is connected accesses said thoroughfare by a NCDOT- maintained public street or by a private street designed and constructed in accordance with the County's minimum standards for a collector road. This eannecting street shall e designed to serve only traffic originating frern or - i - to the develepffient, or ether existing Planned Deyel rp1ments or High-Density develepments, er any future residential development. (2/16/87) Board of Commissioners - June 4, 2018 ITEM: 11- 4 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2018 DEPARMVIENR Planning PRESINIER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: David Weaver) CONI'ACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA18 -02) — Request by The Dog Club of Wilmington to Amend Article V of the Zoning Ordinance to Permit Kennels in the I -2, Heavy Industrial, Zoning District BRIEF SUNP44,RY: The Dog Club of Wilmington is requesting to amend the New Hanover County Zoning Ordinance to allow Kennels as a use permitted by -right in the I -2, Heavy Industrial zoning district.The applicant is aware of the current effort to update the County's land use regulations with the Unified Development Ordinance; however, their current business situation needs to be addressed before the anticipated UDO adoption in 2019. Currently, Kennels are permitted by -right in PD, B -1, B -2, I -1, and Airport Industrial zoning districts, and by special use permit in the R -20S, R -20, R -15, 0&1, and the Rural Agricultural zoning districts. Kennels are typically a low traffic generator with minor external impacts including noise that are best suited for business and industrial districts and separated from residential uses. When researching other jurisdictions, including the City of Wilmington, staff found that kennels are commonly allowed in industrial zoning districts. Staff concludes that the proposed text amendment is generally CONSISTENT with the Comprehensive Plan because it updates the Zoning Ordinance to encourage businesses in appropriate areas. Most of the I -2 zoning in the County is within the Commerce Zone or Employment Center placetypes. In both of these placetypes, the Comprehensive Plan suggests that a mixture of uses is appropriate, including commercial services. The Planning Board considered this application at their May 3, 2018 meeting. At the meeting, no one from the public spoke in support or in opposition to the request. The Board recommended approval (4 -1) of the application, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it aligns the Zoning Ordinance to encourage businesses in appropriate areas. 2. Reasonable and in the public interest because the proposed amendment would promote business success while not impairing quality of life for existing residential areas. Board of Commissioners - June 4, 2018 ITEM: 12 Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs MOTION AND REQUFSTID ACTIONS: Staff recommends approval of the application and recommends the following motion: Motion to approve, affirming the Planning Board's statements that the amendment is consistent with the Comprehensive Plan and is reasonable and in the public interest. ATTACBNHT IS: TA18 -02 Script TA18 -02 Staff Summary Applicant Materials Cover Page TAI 8 -02 Application Package COUNTY MANAGER'S CONDHNIS AND RECOIIMIE RATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - June 4, 2018 ITEM: 12 SCRIPT FOR Zoning Ordinance Text Amendment JAI 8-02) Request by The Dog Club of Wilmington to amend Article V of the Zoning Ordinance to permit kennels in the 1 -2, Heavy Industrial, zoning district. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed up to 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct He a. b. C. d. e. raring, as follows: Staff presentation Applicant' s presentation (up to 15 minutes) Opponent's presentation (up to 15 minutes) Applicant's rebuttal (up to 5 minutes) Opponent's rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board Discussion 5. Vote on amending Article V. The motion should include a statement saying how the amendment is or is not consistent with the land use plan and why it is or is not reasonable and in the public interest. Options for Motions: • Motion to approve the text amendment as presented in the staff summary or a modified version of the text amendment; • Motion to "table" the item in order to receive more information; or • Motion to deny the amendment proposal based on specific reasons, such as the proposal is not consistent with the land use plan and /or the proposal is not reasonable and /or the proposal is not in the public interest. Staff Suggested Motion: Motion to approve, affirming the Planning Board's statements that the amendment is consistent with the Comprehensive Plan and is reasonable and in the public interest. Alternative Motion for Approval /Denial: Motion to [Approve /Deny], as the Board finds that this request for a text amendment to the Zoning Ordinance as described is: [Consistent /Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because (Describe elements of controllina land use clans and how the amendment is or is not consistent l. 2. [Reasonable /Not Reasonable] and in the public interest because [Briefly explain why. Factors may include public health and safety, applicable plans, or balancing benefits and detrimentsl. STAFF SUMMARY OF TA18 -02 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TAI 8-02 Request: To amend the Table of Permitted Uses in Article V to add Kennels as a use permitted by right in the 1 -2, Heavy Industrial Zoning District Applicant: Subject Ordinance: Dyana Scholz of The Dog Club of Wilmington Zoning Ordinance Subject Article(s) and Section(s): • Article V: Table of Permitted Uses BACKGROUND The applicant is seeking to amend the Table of Permitted Uses in Article V to add Kennels as a use permitted by right in the 1 -2, Heavy Industrial Zoning District. Per the definition in the Zoning Ordinance, "Kennel" includes business such as dog boarding as well as dog day care: Kennel - An establishment wherein any person engages in business or practice, for a fee, of boarding, breeding, grooming, letting for hire, or training of more than three (3) domesticated animals at any one time; or an establishment wherein any person engages in the business or practice, for a fee, of selling more than one (1) litter of domesticated animals at any one time or the selling of any three (3) individual domesticated animals (not defined as litter herein) at any one time. Domesticated animals, for the purpose of this Ordinance, shall be defined as dogs, cats, and other generally acceptable household pets. Litter, for the purpose of this Ordinance, shall be defined as the progeny resulting from the breeding of two domesticated animals. The following shall not constitute the operation of a Kennel as defined above and in no way shall this provision regulate the following: A. The ownership of domesticated animals as household pets; B. The ownership of domesticated animals for hunting or tracking purposes; C. The ownership of domesticated animals for the purpose of exhibiting at shows, obedience or field trials; and D. The ownership of domesticated animals for the purpose of protection or guarding of residences or commercial establishments. (4121 175) (23 -49) Currently, Kennels are permitted by right in PD, B -1, B -2, 1 -1, and Airport Industrial zoning districts, and by special use permit in the R -20S, R -20, R -15, 0&1, and the Rural Agricultural zoning districts. Section 72 -26 has additional requirements for Kennels in the R -15 and R -20 zoning districts, including that the number of animals allowed depends on the lot size, structures must meet a minimum side and rear setback of 50', signs are limited to 2.25 sq. ft., and sanitation control and sewage disposal must be reviewed by Environmental Health. The application proposes to allow Kennels to be a permitted use in the 1 -2 zoning district. Existing development standards for setbacks, landscaping, parking, etc. will apply to any kennel in 1 -2. No additional standards or requirements are proposed in the application. TA18 -02 Staff Summary BOC 6.4.2018 Board of Commissioners - June 4, 2018 ITEM: 12- 2 - 1 Page 1 of 3 PROPOSED AMENDMENT Red and Underline /S (e eug — Petitioner's Proposed Additions /Deletions Article V: Table of Permitted Uses Staff Analysis Currently, the Zoning Ordinance allows Kennels in several residential districts, the business districts, and also the Light Industrial and Airport Industrial zoning districts. Kennels are typically a low traffic generator with minor external impacts including noise that are best suited for business and industrial districts and separated from residential uses. When researching other jurisdictions, including the City of Wilmington, Staff found that kennels are commonly allowed in industrial zoning districts. The 1 -2 district was established to set aside areas of the county for a full range of heavy industrial land uses including manufacturing, warehousing, and distribution uses, and subsequently protect nonindustrial districts situated elsewhere and minimize environmental impacts caused by uses within the district. Although Kennels are not an industrial use, allowing for Kennels to be permitted in 1 -2 zoning would create opportunity to protect existing residential and commercial areas from the impacts from a kennel such as noise. Staff concludes that the proposed text amendment is generally CONSISTENT with the Comprehensive Plan because it updates the Zoning Ordinance to encourage businesses in appropriate areas. Most of the 1 -2 zoning in the county is within the Commerce Zone or Employment Center placetypes. In both of these placetypes, the Comprehensive Plan suggests that a mixture of uses is appropriate, including commercial services. Staff supports the proposed amendment and recommends approval as proposed. PLANNING BOARD ACTION The Planning Board considered this application at their May 3, 2018 meeting. At the meeting, no one from the public spoke in support or in opposition to the request. The Board recommended approval (4 -1 ) of the application, finding that it is: 1 . Consistent with the purposes and intent of the 2016 Comprehensive Plan because it aligns the Zoning Ordinance to encourage businesses in appropriate areas. TA18 -02 Staff Summary BOC 6.4.2018 Board of Commissioners - June 4, 2018 ITEM: 12- 2 - 2 Page 2 of 3 R O F Permitted Uses R R R R R B B I I & A A S R M Supp NAICS PD 20S 20 15 10 7 1 2 1 2 1 R I C A U Regs Agriculture, Forestry, Fishing Kennels P S S S P P P P S P S Staff Analysis Currently, the Zoning Ordinance allows Kennels in several residential districts, the business districts, and also the Light Industrial and Airport Industrial zoning districts. Kennels are typically a low traffic generator with minor external impacts including noise that are best suited for business and industrial districts and separated from residential uses. When researching other jurisdictions, including the City of Wilmington, Staff found that kennels are commonly allowed in industrial zoning districts. The 1 -2 district was established to set aside areas of the county for a full range of heavy industrial land uses including manufacturing, warehousing, and distribution uses, and subsequently protect nonindustrial districts situated elsewhere and minimize environmental impacts caused by uses within the district. Although Kennels are not an industrial use, allowing for Kennels to be permitted in 1 -2 zoning would create opportunity to protect existing residential and commercial areas from the impacts from a kennel such as noise. Staff concludes that the proposed text amendment is generally CONSISTENT with the Comprehensive Plan because it updates the Zoning Ordinance to encourage businesses in appropriate areas. Most of the 1 -2 zoning in the county is within the Commerce Zone or Employment Center placetypes. In both of these placetypes, the Comprehensive Plan suggests that a mixture of uses is appropriate, including commercial services. Staff supports the proposed amendment and recommends approval as proposed. PLANNING BOARD ACTION The Planning Board considered this application at their May 3, 2018 meeting. At the meeting, no one from the public spoke in support or in opposition to the request. The Board recommended approval (4 -1 ) of the application, finding that it is: 1 . Consistent with the purposes and intent of the 2016 Comprehensive Plan because it aligns the Zoning Ordinance to encourage businesses in appropriate areas. TA18 -02 Staff Summary BOC 6.4.2018 Board of Commissioners - June 4, 2018 ITEM: 12- 2 - 2 Page 2 of 3 2. Reasonable and in the public interest because the proposed amendment would promote business success while not impairing quality of life for existing residential areas. STAFF RECOMMENDATION Staff recommends approval of the application as stated in the Planning Board's action. Staff concurs with the Planning Board's statements that the amendment is consistent with the Comprehensive Plan and is reasonable and in the public interest. TA18 -02 Staff Summary BOC 6.4.2018 Board of Commissioners - June 4, 2018 ITEM: 12- 2 - 3 Page 3 of 3 APPLICANT MATERIALS Board of Commissioners - June 4, 2018 ITEM: 12- 3 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite t 10 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 plan ni ngdevelopment.nhcgov.co m TEXT AMENDMENT Application Subject Text Subject Ordinance (Zoning, Subdivision, etc.): f g XT- '4 ME& 1) M EN-7- Chapter and Section(s): j A 13L C Page 3 of 5 Board of Commissioners - June 4, 2018 Text Amendment -Updated 12/2016 ITEM: 12- 4 - 1 Applicant Information Name Company 7ffE b06; Cf✓U d 60L401Jt -7TO V Address zq o -1 15LJA �F_ CL, V j_: City, State, Ziip� 4.A1'T /V�r Phone q10- 232-- f5gro Email U 7� YEA A SC Ft0 L -Z—& C'Lr,G( 4, r L - C,04A Application Trucking Information (Staff Only) %.ase niumber DatejVime received: Received by: 'A- 5 - k'% Subject Text Subject Ordinance (Zoning, Subdivision, etc.): f g XT- '4 ME& 1) M EN-7- Chapter and Section(s): j A 13L C Page 3 of 5 Board of Commissioners - June 4, 2018 Text Amendment -Updated 12/2016 ITEM: 12- 4 - 1 Proposed Text Amendment Please provide the proposed amendment to the stated ordinance and section(s) (please provide additional pages if needed): APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. Applications determined to be incomplete must be corrected in order to be processed for further review. Required Information Applicant Staff Initial Initial 1 Complete Text Amendment application. 2 Application fee — $400 ($600 for Land Use Plan amendments). 3 1 hard copy of ALL documents. Additional hard copies may be required by staff depending on the size of the document. 4 1 PDF digital copy of ALL documents on a Compact Disk (CD). Page 4 of 5 Board of Commissioners - June 4, 2018 Text Amendment —Updated 12/2016 ITEM: 12- 4 - 2 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the text amendment for which I am applying. I understand that i have the burden of proving why this requested change is reasonable and in the public interest, and is consistent with the County's Policies for Growth and Development. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. igna re of App ' ant 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. 0VNTY 4 40 N h 'I .�s'�M Page 5of5 Board of Commissioners - June 4, 2018 Text Amendment — Updated 12/2016 ITEM: 12- 4 - 3 II TEXT AMENDMENT PROPOSAL 1 OBJECTIVE Text Amendment Proposal We would like to add 'P' for Kennels in 1 -2 in the Table of Permitted Uses. The Opportunity • Zoning in and around industrial zoned areas will allow for kennels to be away from residential homes, or businesses where they may prefer a quieter use of business. • Potentially will add more opportunity for business growth to our county • Majority of 1 -2 property is surrounded by like minded property allowing for kennels to operate without interfering with the quiet enjoyment of a private home. The Solution • Allow 1 -2 zoning to permit Kennels Rationale • Currently with in the county, Kennels are permitted in B -1, B -2, 1 -2 and Airport Industrial. With special use allowance in Office & Institution and Rural Agriculture. • Within the county, kennels currently are direct neighbors to residential communities (see Map 1) • Ample 1 -2 zoned land, adding kennels as a permitted use would not obstruct other business growth which currently required 1 -2. Current Uses in 1 -2 Zoning in 1 -2 currently permits a large range of uses. • Livestock sales • Stables • Manufacturing • Demolition / Landscape Landfill • Small /Large Collection and processing of recycling Within current allowed uses, Kennels would not be an abnormal addition. Board of Commissioners - June 4, 2018 ITEM: 12- 4 - 4 Benefits • Business growth without hindering current allowed functions • Putting Kennels where this type of business would be a more appropriate neighbor Where residential is close in proximity, a kennel would be a much better neighbor then many of the already allowed uses. CONCLUSION The Dog Club of Wilmington has been operating in an existing warehouse zones B -2, with a residential neighbor approximately 50' from the property line. As a business we have always been very respectful of our neighbors and only operate within normal waking hours. We believe adding Kennels as Permitted use would ultimately structure this type of business within the confines of areas where noise will not be a factor. However, as a business we do not leave dogs outside unattended for any length of time, and never outside at night. We always try to be good neighbors. Thank you for your consideration, Dyana Scholz The Dog Club of Wilmington 'r: Board of Commissioners - June 4, 2018 ITEM: 12- 4 - 5 I m ITEM: 12- 4 - 6