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HomeMy WebLinkAboutAgenda 05-05-2025NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175, Wilmington, INC 28403 P: (910) 798-7149 1 F: (910) 798-7145 1 NHCgov.com Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair Dane Scalise, Commissioner I Stephanie A.C. Walker, Commissioner I Rob Zapple, Commissioner MAY 5, 2025 4:00 PM LOCATION (NHC Historic Courthouse, 24 North 3rd Street, Room 301) CALL TO ORDER (Chair Bill Rivenbark) I NVOCATI ON (Reverend David Haley, Associate Pastor, Wrightsville United Methodist Church) PLEDGE OF ALLEGIANCE (Commissioner Stephanie A.C. Walker) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Bicycle Awareness Month Proclamation 3. Adoption of Elder Abuse Awareness Month Proclamation 4. Adoption of Foster Care Awareness Month Proclamation 5. Adoption of Mental Health Awareness Month Proclamation 6. Adoption of Women's Health Month Proclamation 7. Ratification of Resolution Recognizing Dr. Steven Errante for Thirty -Nine Years of Service to New Hanover County and the Cape Fear Region 8. Second Reading: Approval of Solid Waste Franchise Agreement for Forever Clean Portable Toilets, Inc. 9. First Reading: Approval of Solid Waste Franchise Agreement for Auteri Holding LLC Mobiledumps Wilmington ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10. Second Reading: Amendments to Chapter 5 — Animals (Articles I & I I ) and Updates to the NH C Sheriff's Office Animal Services Unit Fee Schedule; Approved on the Regular Agenda at the First Reading on April 21, 2025 * Please Note: This item is being added to the Regular Agenda as a formality. There will be no presentation at this meeting. The item will return for consideration at the next regularly scheduled meeting on May 19, 2025 5 11. Consideration of the Novant STEM Partnership Sponsorship of Cape Fear Museum's Science Matters Gallery Board of Commissioners - May 5, 2025 5 12. Consideration of Greater Wilmington Sports Hall of Fame Week Proclamation 5 13. Consideration of Safe Boating Week Proclamation 10 14. Consideration of Approval of the Purchase of the Flossie Bryan Property 45 15. Public Hearing Rezoning Request (Z25-04) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Terry Dean, Rita English, Justin Slack, and Martin Pollack, property owners, to rezone two parcels totaling approximately 1.94 acres located at 1609 and 1617 Middle Sound Loop Road from the R-20S, Residential district to a general use R-20, Residential district. 45 16. Public Hearing Text Amendment Request (TA25-01) - Request by Tammi Pitts, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, Inc., property owner, to amend Section 4.4.4 Standards for Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as permitted accessory uses to Lodges, Fraternal, & Social Organizations with restrictions 45 17. Quasi -Judicial Hearing Special Use Permit - S25-01 Request by Carillon Assisted Living, LLC, applicant, on behalf of Sylvia and Michael Lewis and Karen and Charles Cobb, property owners, for a special use permit for a Senior Living: Assisted Living Facility in a R-15, Residential district on approximately 10.61 acres located at the 7200 block of Plantation Road. PUBLIC COMMENTS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 18. Additional Items County Commissioners County Manager Clerk to the Board County Attorney 19. 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 providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations to come. Shared Values Professionalism - Equity - Integrity - Innovation - Stewardship - Accountability Board of Commissioners - May 5, 2025 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review held on April 17, 2025 Regular Meeting held on April 21, 2025 Budget Work Session held on April 21, 2025 STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approve minutes. COMMISSIONERS' ACTIONS: Approved 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Consent DEPARTMENT: Parks PRESENTER(S): Jim Chisum, NHC Parks & Gardens Trail & Easement Acquisition Coordinator CONTACT(S): Jim Chisum, Tara Duckworth, NHC Parks & Gardens Director SUBJECT: Adoption of Bicycle Awareness Month Proclamation BRIEF SUMMARY: The Bicycle Awareness Month Proclamation, submitted at the request of the Wilmington Urban Area Metropolitan Planning Organization (WMPO), emphasizes cycling as a safe, healthy, and sustainable mode of transportation in New Hanover County. It aims to raise awareness about bicycle safety, recognize the contributions of cyclists to the community, and encourage cooperation among cyclists, motorists, and pedestrians. It highlights the County's ongoing investments in bike -friendly infrastructure, including the Middle Sound Loop Market Street Connector and the North and South College Road Multi -Use Paths. It also supports educational efforts such as the "See, Share, and Be Aware" campaign, which promotes safe and responsible practices on shared roadways. In recognizing the month of May as Bicycle Awareness Month, New Hanover County reaffirms its commitment to improving connectivity, advancing sustainability, and fostering a more bike -friendly community for residents of all ages and skill levels. This initiative aligns with the County's Strategic Plan by promoting healthier lifestyles, reducing traffic congestion and emissions, and enhancing transportation choices that support long-term environmental stewardship and community safety and well-being. STRATEGIC PLAN ALIGNMENT: Sustainable Land Use & Environmental Stewardship o Natural areas and critical environmental features are enhanced and protected. ■ Ensure development compliments natural features. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Bicycle Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BICYCLE AWARENESS MONTH PROCLAMATION WHEREAS, the New Hanover County Board of Commissioners is committed to promoting safe and convenient bicycling for both transportation and recreation; and WHEREAS, New Hanover County continues to invest in bicycle and pedestrian infrastructure to improve connectivity and accessibility through projects such as the Middle Sound Loop, Market Street Connector, the North College Road Multi -Use Path, and the South College Road Multi -Use Path, among other ongoing initiatives; and WHEREAS, education about bicycles, traffic rules, safety, and maintenance encourages cyclists and motorists to operate their vehicles safely on all shared -access facilities through efforts such as the See, Share, and Be Aware safety campaign; and WHEREAS, the New Hanover County Board of Commissioners is committed to alleviating traffic congestion and ensuring a clean and healthy environment for its citizens by promoting alternative transportation options, including bicycling; and WHEREAS, these efforts align with the New Hanover County Strategic Plan, which prioritizes environmental stewardship, resilient infrastructure, and a community that fosters health and safety; and WHEREAS, New Hanover County is committed to: 1. Bicycle paths and trails: Paved and unpaved routes that accommodate cyclists of all skill levels, providing safe and comfortable travel options; and 2. Safety -conscious bicyclists: Educated and responsible riders of all ages who understand and obey traffic regulations; and 3. Safety -conscious motorists: Drivers who remain alert to cyclists and safely share the road; and 4. Well -planned communities: Neighborhoods that integrate bicycle -friendly infrastructure, promote connectivity between homes, schools, businesses, parks, and other destinations, and implement traffic regulations that support safe cycling. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of May 2025 be recognized as "Bicycle Awareness Month" in New Hanover County, reaffirming our commitment to fostering a bike -friendly community and expanding safe cycling opportunities for all residents throughout the year. ADOPTED this 5th day of May, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Renee Hope, HHS Social Work Supervisor CONTACT(S): Tonya Jackson, HHS Social Services Director SUBJECT: Adoption of Elder Abuse Awareness Month Proclamation BRIEF SUMMARY: As part of New Hanover County's Community Safety and Well-being Strategic Plan, Elder Abuse Awareness Month, recognized annually from Mother's Day to Father's Day in May and June, serves as a vital reminder of our collective responsibility to protect older adults. It provides an opportunity for the County, communities, professionals, and individuals to come together to recognize, prevent, and address the abuse, neglect, and exploitation of older adults. The proclamation brings attention to the often -overlooked issue of elder abuse, which affects millions of older individuals each year and is frequently unreported. By raising awareness and encouraging action, Elder Abuse Awareness Month reinforces New Hanover County's ongoing commitment to the safety, dignity, and well-being of all residents. STRATEGIC PLAN ALIGNMENT: • Community Safety & Well-being o Every resident has access to services that support their physical health and mental well-being. ■ Connect residents to individualized services at the right time with a variety of service providers o The community supports a life that mitigates health and safety risks ■ Effectively and efficiently respond to public health and safety demands. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: 2025 Elder Abuse Awareness Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted 4-0; Vice Chair Pierce was excused due to a scheduting conflict. Board of Commissioners - May 5, 2025 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ELDER ABUSE AWARENESS MONTH PROCLAMATION WHERAS, in Fiscal Year 2023-2024 New Hanover County received 1,589 Adult Protective Services reports, with 1,148 of those reports being accepted for investigation; and WHEREAS, in Fiscal Year 2023-2024 in New Hanover County, 515 Adult Protective Services reports resulted in confirmation of the maltreatment allegations; and WHEREAS, protecting North Carolina's vulnerable and older adults is a community responsibility, and all citizens are charged under state law to report suspected abuse, neglect, or exploitation to their local county Department of Social Services; and WHEREAS, North Carolina's vulnerable and older adults of all social, economic, racial, and ethnic backgrounds may be targets of abuse, neglect, or exploitation, which can occur in families, long-term care settings, and communities; and WHEREAS, national and international research shows that abuse, neglect, and exploitation of vulnerable and older adults is grossly underreported; and WHEREAS, the State of North Carolina enacted the nation's first elder abuse law, and recognizes the need for a comprehensive system of protection for vulnerable and older adults; and WHEREAS, Mother's and Father's Days are national holidays intended to honor, respect, and promote the dignity and well-being of older adults. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners, that May 11, 2025 (Mother's Day) through June 15, 2024 (Father's Day) be recognized as ELDER ABUSE AWARENESS MONTH in New Hanover County. ADOPTED the 51" day of May, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Alice Moore, HHS Social Work Supervisor CONTACT(S): Tonya Jackson, HHS Social Services Director SU BJ ECT: Adoption of Foster Care Awareness Month Proclamation BRIEF SUMMARY: As part of New Hanover County's Community Safety and Well-being Strategic Plan, Foster Care Awareness Month, observed each May, is a time to honor the strength and resilience of children in foster care and to recognize the dedication of the families, social workers, and advocates who support them. This month raises awareness about the urgent need for safe, nurturing homes and underscores the importance of stability, love, and belonging in every child's life. The proclamation shines a light on the power of foster care to change lives and encourages the community to support and uplift those involved in the foster care system. By working together, we can help ensure that every child has the opportunity to thrive in a safe, supportive environment and build a brighter future for all. STRATEGIC PLAN ALIGNMENT: Community Safety & Well-being o The community supports a life that mitigates health and safety risks ■ Effectively and efficiently respond to public health and safety demands. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: 2025 Foster Care Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOSTER CARE AWARENESS MONTH PROCLAMATION WHEREAS, the youth of North Carolina are our most precious resource and hope for the future, and all children deserve a safe, loving, and nurturing place to call home; and WHEREAS, in New Hanover County there are approximately 200 children of all ages in the custody of the Department of Social Services, most of these children reside in foster homes or with relatives; and WHEREAS, the primary goal of foster care is to provide safe, secure, and stable homes through the compassion and nurturing of a foster family or kinship family; and WHEREAS, foster families and kinship families open their homes and hearts to children whose families are in crisis, and play a vital role helping children and families heal and reunify, while helping children launch into successful adulthood; and WHEREAS, dedicated foster families and kinship families sometimes adopt foster children, resulting in a greater need for more foster families; and WHEREAS, through the partnerships of numerous individuals, communities, and public and private organizations, there is a collaborative effort to raise public awareness of the needs of children both in foster care and exiting foster care, and of the enduring and valuable contributions made by foster and kinship families; and WHEREAS, Foster Care Month is an opportunity to recognize foster families, child welfare professionals, and advocates working to ensure children's safety, well-being, and permanence, and to spread awareness on behalf of the hundreds of children in foster care in New Hanover County. NOW THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners, that May 2025, is hereby recognized as "FOSTER CARE AWARENESS MONTH" in New Hanover County. ADOPTED the 5t" day of May, 2025 NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Consent DEPARTMENT: Health and Human PRESENTER(S): Leslie Wilder, HHS Licensed Clinical Therapy Services Supervisor CONTACT(S): Leslie Wilder, Jon Campbell, HHS Health Director SU BJ ECT: Adoption of Mental Health Awareness Month Proclamation BRIEF SUMMARY: As part of New Hanover County's Community Safety and Well-being Strategic Plan, this proclamation recognizes May 2025 as Mental Health Awareness Month. It emphasizes that mental health is essential to overall well-being and calls for continued efforts to reduce stigma, increase awareness of available resources, and improve access to effective treatment. The proclamation reaffirms the County's commitment to providing education, support, and accessible services that foster recovery and long-term wellness for all residents. By raising awareness and encouraging open conversations, Mental Health Awareness Month supports a healthier, more resilient community. STRATEGIC PLAN ALIGNMENT: • Community Safety & Well-being o Every resident has access to services that support their physical health and mental well-being. ■ Connect residents to individualized services at the right time with a variety of service providers RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Mental Health Awareness Month COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS MENTAL HEALTH AWARENESS MONTH PROCLAMATION WHEREAS, Mental Health Awareness Month is part of a nationwide effort to raise awareness of mental health conditions, reduce stigma, eliminate barriers to care, and increase understanding of tools and resources that support prevention and promote recovery; and WHEREAS, during the COVID-19 pandemic, individuals already living with mental health conditions experienced worsening symptoms, and many others faced mental health challenges for the first time; and WHEREAS, mental health is an essential part of overall health and supports an individual's thought processes, relationships, productivity, and ability to adapt to change or face adversity; yet, it is often viewed differently than other health conditions; and WHEREAS, like other diseases that affect physical health, mental health conditions impact an individual's well-being, productivity, relationships, and community engagement, and should be treated with the same care, urgency, and significance; and WHEREAS, while mental health treatment is often effective, approximately 60 percent of adults nationwide do not receive the care they need; and WHEREAS, New Hanover County recognizes the significant impact of mental health and substance use disorders in our community and, through its Community Safety and Well-being Strategic Plan, has prioritized increasing education and ensuring access to services that support recovery and sustainable wellness. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2025 is recognized as Mental Health Awareness Month in New Hanover County. ADOPTED this 5th day of May 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair r_r1111111*111 Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Michelle McGrath, HHS Assistant Health Director CONTACT(S): Michelle McGrath, Jon Campbell, HHS Health Director SU BJ ECT: Adoption of Women's Health Month Proclamation BRIEF SUMMARY: As part of New Hanover County's Community Safety and Well-being Strategic Plan, this proclamation recognizes May 2025 as Women's Health Month. It highlights the importance of supporting women's physical, mental, emotional, and social well-being, and emphasizes the need to prioritize preventive care, including regular check-ups and healthy lifestyle choices. The proclamation promotes awareness of chronic diseases affecting women and aligns with the County's strategic goal of ensuring that all residents have access to essential health services. By raising awareness and encouraging action, Women's Health Month affirms New Hanover County's commitment to advancing equitable, whole -person care for every stage of a woman's life. STRATEGIC PLAN ALIGNMENT: • Community Safety & Well-being o Every resident has access to services that support their physical health and mental well-being. ■ Connect residents to individualized services at the right time with a variety of service providers RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Women's Health Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 6 MNTA:/_\il,19171J34L0111011V :167_1:ue]914191►TiI►TiI&Mls]►t431 WOMEN'S HEALTH MONTH PROCLAMATION WHEREAS, National Women's Health Month is recognized every May and celebrated by the U.S. Department of Health and Human Services' Office on Women's Health to encourage all women to make their health a priority; and WHEREAS, recognizing that overall health encompasses physical, mental, emotional, and social well- being is vital, and acknowledging that women, who make 80 percent of health care decisions in the United States, significantly influence family health outcomes; and WHEREAS, after age 65, more than half of North Carolina women are living with two or more chronic conditions, and 65 percent are overweight or obese, resulting in negative impacts on physical, mental, and financial well-being; and WHEREAS, New Hanover County's Community Safety and Well-being Strategic Plan outlines a goal for all residents to have access to services that support their physical and mental health, with physical activity, self -care, and regular medical check-ups as key components in achieving these outcomes; and WHEREAS, Women's Health Month highlights a broad range of women's health issues, including heart disease, diabetes, cancer, respiratory disease, and mental health, in order to empower women to take charge of their health, understand their options, and connect with available resources, thereby promoting equitable access to care. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2025 is recognized as Women's Health Month. The Board encourages all women to prioritize their health through healthy lifestyle choices, regular exercise, and consistent medical check-ups. ADOPTED this 5th day of May 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Consent DEPARTMENT: Governing PRESENTER(S): Commissioner Rob Zapple and Liz Scanlon, Wilmington Symphony Body Orchestra Executive Director CONTACT(S): Commissioner Zapple SU BJ ECT: Ratification of Resolution Recognizing Dr. Steven Errante for Thirty -Nine Years of Service to New Hanover County and the Cape Fear Region BRIEF SUMMARY: On April 25, 2025, the Board, approved a resolution recognizing Dr. Steven Errante for thirty-nine years of service to New Hanover County and the Cape Fear region. Requested by Wilmington Symphony Orchestra Executive Director Liz Scanlon, the resolution will be presented on May 3, 2025, during Dr. Errante's final concert as conductor, and being placed for ratification at the May 5 Board meeting. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify the resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION RECOGNIZING DR. STEVEN ERRANTE FOR THIRTY-NINE YEARS OF SERVICE TO NEW HANOVER COUNTY AND THE CAPE FEAR REGION WHEREAS, Dr. Steven Errante is an accomplished music educator, conductor, and composer who has made significant contributions to the advancement of music education and the performing arts in New Hanover County and the Cape Fear region; and WHEREAS, Dr. Errante, who grew up in the Detroit, Michigan area, was mentored early on by music educators who encouraged his interest in arranging and composing; and by high school, his orchestral works were being performed by local ensembles. He later earned degrees in composition and orchestral conducting from the University of Michigan and The Juilliard School, studying under Leslie Bassett, Vincent Persichetti, and Uri Mayer; and WHEREAS, during his tenure with the Wilmington Symphony Orchestra, Dr. Errante made numerous contributions to the community, including, but not limited to: • Establishing the Wilmington Symphony Youth Orchestra and serving as its conductor for 20 years, in addition to his long-standing commitment to the Wilmington Symphony; • Co-founding the Girls' Choir of Wilmington with his wife, Sandy; • Composing works such as A Celebration Symphony and the Battleship North Carolina March, both of which have been performed by major orchestras; • Composing the score for The Boar's Head Festival, a piece performed annually in Detroit since 1972; and WHEREAS, Dr. Errante retired in 2021 from college teaching after a 45-year career, 35 of which were spent as a tenured professor at UNCW for 35 years; and WHEREAS, Dr. Errante is retiring after having served as the conductor of the Wilmington Symphony Orchestra (WSO) for 39 years; and WHEREAS, Dr. Steven Errante exemplifies the principle of service beyond self and has built an enduring legacy through his contributions to the arts. His leadership has helped establish New Hanover County and the Cape Fear Region as a hub for classical music and music education, enriching the community and enhancing its cultural vibrancy. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby recognizes Dr. Steven Errante upon his retirement, extends its sincere gratitude for his thirty-nine years of dedicated service to New Hanover County and the Cape Fear region, and offers best wishes for success in his future endeavors. PRESENTED the 3RD day of May, 2025 and ADOPTED by ratification the 51" day of May, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Senior Deputy County Attorney and Joe Suleyman, Attorney Recycling & Solid Waste Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: Second Reading: Approval of Solid Waste Franchise Agreement for Forever Clean Portable Toilets, Inc. BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about business organization, equipment, personnel, and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The franchise period would be for seven years. The county currently has 27 active franchise agreements. All franchise agreements shall now include the following requirements: If the franchisee provides curbside collection services, they must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the County Code of Ordinances. Prospective customers must independently determine the suitability of the provider and services. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree not to bring outside waste into the county, and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Franchise Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 8 New Hanover County Contract # 25-0433 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2025, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and FOREVER CLEAN PORTABLE TOILETS, INC., a North Carolina Corporation, with its principal mailing address 116 West Academy Street, Fuquay-Varina, NC 27526, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of A reement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - May 5, 2025 ITEM: 8 - 1 - 1 New Hanover County Contract # 25-0433 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Operations, Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment and operate to comply with any applicable regulations and laws, including but not limited to the New Hanover County Code Chapter 44, Solid Waste and Chapter 23, Environment, Article II Noise. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. C_ommercial General Liability. Franchise shall maintain Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit. 11. Business Auto Liability. Operator shall maintain applicable Business Auto Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 12. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 13. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, Board of Commissioners - May 5, 2025 ITEM: 8 - 1 - 2 New Hanover County Contract # 25-0433 "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17, E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. ATTEST: Secretary FOREVER CLEAN PORTABLE TOILETS, INC. President (SEAL) Board of Commissioners - May 5, 2025 ITEM: 8 - 1 - 3 New Hanover County Contract # 25-0433 STATE OF COUNTY I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is President of FOREVER CLEAN PORTABLE TOILETS, INC., a North Carolina Corporation, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its President. WITNESS my hand and official seal, this day of Notary Public [SEAL] , 2025. My Commission Expires New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - May 5, 2025 ITEM: 8 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, N HC Senior Deputy County Attorney and Joe Attorney Suleyman, Recycling & Solid Waste Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise Agreement for Auteri Holding LLC Mobiledumps Wilmington BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about business organization, equipment, personnel and fiscal responsibility. The Recycling & Solid Waste Director has no objections to the franchise request. The franchise period would be for seven years. The county currently has 27 active franchise agreements. All franchise agreements shall now include the following requirements: If the franchisee provides curbside collection services, they must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the County Code. Prospective customers must independently determine the suitability of the provider and services. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the first reading of the franchise award. This matter will then be placed on the next agenda for the second approval required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree not to bring outside waste into the county, and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Solid Waste Franchise Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved to be placed on the next agenda for the second reading, 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 9 New Hanover County Contract # 25-0442 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2025, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and Auteri Holding LLC d/b/a Mobiledumps Wilmington, a North Carolina Limited Liability Company, with its principal mailing address 29 Tilloo Cut Way, Hampstead, NC 28443, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling_ Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. Board of Commissioners - May 5, 2025 ITEM: 9 - 1 - 1 New Hanover County Contract # 25-0442 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Operation, Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment and operate to comply with any applicable regulations and laws, including but not limited to the New Hanover County Code Chapter 44, Solid Waste and Chapter 23, Environment, Article I I Noise. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. Commercial General Liability. Franchise shall maintain Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit. 11. Business Auto Liability. Operator shall maintain applicable Business Auto Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 12. Assignment, Contracting. The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. Board of Commissioners - May 5, 2025 ITEM: 9 - 1 - 2 New Hanover County Contract # 25-0442 13. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. ATTEST: Secretary Auteri Holding LLC d/b/a Mobiledumps Wilmington President (SEAL) Board of Commissioners - May 5, 2025 ITEM: 9 - 1 - 3 New Hanover County Contract # 25-0442 STATE OF COUNTY I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is President of Auteri Holding LLC d/b/a Mobiledumps Wilmington, a North Carolina Limited Liability Company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its President. WITNESS my hand and official seal, this day of , 2025. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - May 5, 2025 ITEM: 9 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Regular DEPARTMENT: Strategy PRESENTER(S): Jennifer Rigby, NHC Chief Strategy Officer CONTACT(S): Jennifer Rigby, Karen Richards, NHC Deputy County Attorney and Major Christopher Smith, NHC Sheriff's Office SU BJ ECT: Second Reading: Amendments to Chapter 5— Animals (Articles 1 & 11) and Updates to the NHC Sheriff's Office Animal Services Unit Fee Schedule; Approved on the Regular Agenda at the First Reading on April 21, 2025 * Please Note: This item is being added to the Regular Agenda as a formality. There will be no presentation at this meeting. The item will return for consideration at the next regularly scheduled meeting on May 19, 2025 BRIEF SUMMARY: Staff prepared the attached amendments to the ordinance and fee schedule to provide clarification and ensure consistency with federal and state laws and regulations. To encourage owners to spay and neuter dogs and cats, promote responsible pet ownership, and clarify provisions related to definitions and policy, staff made the following changes: • Enhanced definitions to improve clarity and align with State Animal Welfare statutes. • Resolved conflicting provisions and definitions. • Provided a clearer version of procedures and the applicability of the ordinances to the appropriate individuals. • Updated the Animal Services Unit fee schedule to reflect current County activities and further promote responsible pet ownership. The updates to the fee schedule aim to: 1. Promote responsible breeders by increasing the Breeder Permit fee from $20 to $150. 2. 1 ncentivize spaying and neutering of dogs and cats by increasing pet registration fees for unaltered animals from $20 to $60. 3. Encourage pet ownership by increasing the Redemption Fee for owners with multiple offenses and raising the Euthanasia Fee from $20 to $40. Redemption Fee Structure: Offense Current Fee Proposed Fee First Offense $20 $60 Second Offense $60 $100 Third Offense $100 $150 Fourth Offense $150 $200 Fifth Offense $250 $300 Since this update includes criminal penalties, the Board is required to hold two readings of the matter. The first reading Board of Commissioners - May 5, 2025 ITEM: 10 was held on April 21, 2025. This is the second reading before proceeding to adoption. STRATEGIC PLAN ALIGNMENT: • Good Governance Effective County Management ■ Deliver quality service at the right time RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the amended ordinance and approve the updated fee schedule. ATTACHMENTS: Amended New Hanover County Code Chapter 5 Animals - Ordinance Redline Updates - New Hanover County Code Chapter 5 Animals - Ordinance COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: * This item is being added to the Regular Agenda as a formality. There will be no presentation at this meeting. The item will return for consideration at the next regularly scheduled meeting on May 19, 2025. Board of Commissioners - May 5, 2025 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE AMENDING NEW HANOVER COUNTY CODE CHAPTER 5 ANIMALS The Board of Commissioners of New Hanover County, North Carolina does hereby enact and ordain the New Hanover County Code, Chapter 5, Animals, Article I, In General and Article II, Dangerous Dog/Potentially Dangerous Dog be amended as follows: A. Chapter 5, Animals, Article I, In General: 1. Section 5-1— "Animal Services Unit created" is hereby amended by deleting the existing section to be replaced as follows: Section. 5-1. Animal Services Unit created. (a) There is created the Animal Services Unit of the Sheriff's Office of the County, which shall be composed of the Sheriff Support Services Division Commander and such employees as shall be determined by the Sheriff and funded by the Board of County Commissioners. The Support Services Division Commander and employees shall be appointed and compensated in accordance with the personnel policies of the New Hanover County Sheriff's Office. (b) The Animal Services Unit shall designate employees or agents enforcing this Chapter as Animal Services Officers. In the performance of their duties, Animal Services Officers shall have all the powers, authority, and immunity granted under this Chapter and by the general laws of this State to enforce the provisions of this Chapter, and the General Statutes as they relate to the care, treatment, control, or impounding of animals. Should any Animal Services Officer also be a Deputy Sheriff, they shall also have all the power, authority, and immunity granted by sworn law enforcement officers under general laws of this State. (c) Except as may be otherwise provided by statutes, local laws, or ordinances, no officer, agent, or employee of the County charged with the duty of enforcing the provisions of this Chapter or other applicable laws shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties unless they act with actual malice. (d) It shall be unlawful for any person to interfere with, hinder, or molest any Animal Services Officer, law enforcement officer, veterinarian, or other duly appointed agent while in the performance of any duty authorized by this Chapter or to seek to release any animal in the custody of such agent, except in the manner as herein provided. Each Animal Service Officer while performing his respective duties shall wear an identification insignia of size and design to be determined by the Sheriff. (e) Animal Service Officers, if not sworn law enforcement, shall not be authorized to carry on their person any firearms of any kind unless otherwise authorized by the Sheriff. Animal Services officers may store at the animal shelter or carry in departmental vehicles firearms approved for use and use such firearms when necessary to enforce sections of this Chapter or under applicable laws for the control of wild, dangerous, vicious, or diseased animals. State law reference(s)—Appointment of Animal Services Officers authorized, G.S. 67-30 et seq. 2. Section 5-2 — "Advisory committee" is hereby amended by the deleting the existing section to be replaced as follows: Section 5-2 — Reserved. 3. Section 5-3 — "Duties of Animal Services Unit" is hereby amended by deleting the existing section to be replaced as follows: Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 1 Section 5-3. Duties of Animal Services Unit. (a) The Animal Services Unit shall be charged with the responsibility of: (1) Enforcing all State laws, County ordinances, health regulations, and resolutions relating to the care, custody, and control of domestic animals, especially with regard to vaccination of dogs, cats, and ferrets against rabies, and the secure confinement or leashing and muzzling of dangerous or potentially dangerous animals within the County. Notwithstanding the foregoing, reference is particularly made to G.S. 67-1 et seq. and G.S. 130A-184 et seq. (2) Investigating cruelty, animal abuse, or neglect with regard to dogs, cats, and other domestic animals. (3) Making such canvasses of the County, including homes in the County, as deemed necessary for the purpose of ascertaining that all dogs, cats, and ferrets are duly and properly listed for registration purposes and that all dogs, cats, and ferrets are vaccinated against rabies. (4) Operating the County animal shelter pursuant to regulations adopted by the Board of Health and guidelines established by the North Carolina Department of Agriculture and Consumer Services. (5) Listing for registration for dogs, cats, and ferrets and maintaining a reference file in connection with the list, all in accordance with the provisions of this Chapter. (6) Issuing to the owner a citation for rabies vaccination at the time of redemption for any unvaccinated dog, cat, or ferret four months of age or older. The animal shall be vaccinated by a licensed veterinarian, a registered veterinary technician under the direct supervision of a licensed veterinarian, or a licensed rabies vaccinator and proof returned to the Animal Services Unit by the owner of the dog, cat, or ferret within three business days. If the rabies vaccination is administrated within 72 hours, the citation shall be void. Individuals who fail to vaccinate their pet within 72 hours may be issued additional citations. (7) The Support Services Division Commander and all Animal Services officers are empowered to issue citations to any person if there is probable cause to believe that such person has violated any of the provisions of this Chapter. Citations so issued may be served in person upon the violator by any Animal Services Officer or by certified mail. Any citation so served or mailed shall direct the alleged violator to make payment of the fine provided therein to Animal Services on or before a specific day and hour stated on the citation and the period so specified shall not be less than 72 hours after service has been made on the violator. If the violator is served by mail, the violator shall have 20 days from the date of the citation to pay said citation. The citation fines may be recovered by the County in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days after being cited. Any alleged violator may make written appeal of the citation to the Animal Services Unit Support Services Division Commander or his designee within 20 days of the date of the citation. The right to appeal from the Animal Services Unit Support Services Division Commander or his designee is to the New Hanover County Superior Court. (8) In addition to and/or in lieu of the civil citation provided for in Subsection (a)(7) of this Section, the Animal Services Unit Support Services Division Commander may forthwith have a criminal complaint entered against the violator and secure and issue a warrant for his arrest or issue a summons against such person to appear in court. The arrest or summons shall be for the violation of the Section of this Chapter charged in the citation, and, upon conviction, the defendant shall be subject to the penalties prescribed by this Chapter. (9) All records with respect to the citation forms and their disposition shall be maintained so that all such forms shall be capable of an immediate accounting. Records of citations shall be maintained in the Animal Service's Unit database. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 2 (b) The County Finance Officer or his representative shall periodically investigate the records of the Animal Services Unit for the purpose of determining the disposition of the citation forms and shall report the result of such investigation to the County Manager. For the purpose of making this investigation, he shall have access to the records of the Animal Services Unit. State law reference(s) — Dogs G.S. 67-1 et seq.; Public Health G.S. 130A-184 et seq. 4. Section 5-4— "Definitions" is hereby amended by deleting the existing section to be replaced as follows: Section 5-4. Definitions. The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Animal Services means the Animal Services Unit; Animal Services shelter; and, New Hanover County Animal Services. Animal Shelter means any premise or facility which is used to house or contain seized, stray, homeless, quarantined, abandoned, or unwanted animals for the purpose of impounding and caring for all animals running at large or otherwise subject to impoundment in accordance with the provisions of this Chapter and which is under contract with, owned, or maintained by a county, city, town, or other municipality, or by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, rehabilitation, or humane treatment of animals. At large means the state of an animal when it is off the property of its owner and not under the restraint of a competent person. Boarding Kennel means a facility or establishment which regularly offers to the public the service of boarding dogs or cats or both for a fee. Such a facility or establishment may, in addition to providing shelter, food, and water, offer grooming, daycare, or other services for dogs or cats. A boarding kennel must be appropriately licensed by the required authority and be in compliance with the Federal Animal Welfare Act and N.C.G.S. Chapter 19A. Cat means any male or female of the genus Feline. Commercial Breeder means any person who, during any 12-month period, maintains five or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. A commercial breeder must be appropriately licensed by the required authority and be in compliance with the Federal Animal Welfare Act and N.C.G.S. Chapter 19A. Commercial Breeding Operation means the physical location or facility at which a commercial breeder breeds or maintains adult female dogs and the offspring. This does not include those kennels or establishments operated primarily for the purpose of boarding or training hunting, sporting, herding, assistance, or guide dogs. A commercial breeder operation must be appropriately licensed by the required authority and be in compliance with the Federal Animal Welfare Act and NCGS Chapter 19A. Competent person means a person of suitable age and discretion so as to keep the animal under sufficient restraint and control in order to prevent harm to person and property. Dangerous dog means a dog that without provocation has killed or inflicted severe injury on a person or is determined by the person or Board designated by the County authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed under Potentially Dangerous Dog. Dealer means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals to another dealer, pet shop, or research facility; provided, however that an individual who breeds and raises on his own premises no more than the offspring of four canines or felines females per year, unless bred and raised specifically for research, purposes shall not be considered a dealer. A Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 3 dealer must be appropriately licensed through the required authority and be in compliance with the Federal Animal Welfare Act and N.C.G.S. Chapter 19A. Dog means any male or female member of the genus Canis. Dog shelter means an area sufficient in size to contain a constrained dog in a normal sitting, standing, and sleeping position. The area must have sides and a leakproof roof to give protection from the elements. The ground, base, or foundation on which the dog must stand or rest must be well drained and not subject to flooding or continuously wet or muddy conditions. Exposed to rabies means that an animal has been bitten by or otherwise come into contact with any animal known or suspected to have been infected with rabies. Euthanasia means the humane destruction of an animal accomplished by a method that involved rapid unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. Hobby Breeder means any person who, during any 12-month period, has an animal that gives birth to more than one litter of cats or dogs. If a person has no more than four dogs or cats that have not been spayed or neutered, which are more than six months of age, they are considered a hobby breeder. A hobby breeder must be appropriately licensed by the required authority and be in compliance with the Federal Animal Welfare Act and N.C.G.S. Chapter 19A. Neutered male means any male which has been surgically altered to prevent reproduction. Outside enclosure means a pen large enough to provide each dog less than 25 pounds with a kennel of at least eight feet by ten feet in size, and each dog 25 pounds or greater with a kennel of ten feet by ten feet in size. The Animal Services Unit reserves the right to determine if a space is considered suitable for the number and size of dogs housed in an outdoor enclosure. Owner means any person or legal entity that has a possessory property right in an animal. A possessory interest includes but is not limited to owning, keeping, having charge of, sheltering, feeding, harboring, or taking care of any animal. The owner is responsible for the care, actions, and behavior of his animals. Owner's real property means any real property owned or leased by the owner of the animal but does not include any public right-of-way or a common area of a condominium, apartment complex, or town house development. Pet shop means a person or establishment that acquires for purposes of resale animals bred by others where, as owner, agent, or on consignment, and that sells, trades, or offers to sell or trade such animals to the general public at retail or wholesale. A pet shop must be appropriately licensed by the required authority and be in compliance with the Federal Animal Welfare Act and N.C.G.S. Chapter 19A. Potentially dangerous dog means a dog that the person or Board designated by the County authority responsible for animal control determines to have: a) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or b) Killed or inflicted server injury upon a domestic animal when not on the owner's real property; or c) Approached a person when not on the owner's real property in a vicious or terrorizing manner in an apparent attitude of attack. Public nuisance means: (1) A public nuisance is that which annoys and disturbs rights and privileges common to the public or to all the people of the community, rendering their ordinary use or occupation of their property physically uncomfortable to them, or constituting a health hazard to any person. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 4 (2) Nuisance is also defined in Art III, Sec 23-71 of the New Hanover County Code of Ordinances as any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which at, omission, condition or things either (1) injures or endangers the health or safety of others; or (2) in any way renders other persons insecure in life of the use of property, or produces unreasonable, unwarrantable or material annoyance, discomfort or hurt to other persons. (3) Enumerated in this definition, by way of example, and not limited to certain types of animals, are actions involving animals, or conditions maintained or permitted by the animal's owners or possessors which shall constitute prima facie evidence of a public nuisance, whether such animals are located or such acts are committed on or off the owner's or possessors' premises: a. Any animal which is found at large off the premises of its owner and not under the restraint of a competent person. b. Any animal which damages the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers or vegetables. c. Any animal which is a vicious animal. d. Maintaining animals in an environment of unsanitary condition is in violation of Section 5-15. e. Any act which by virtue of number or type and location is offensive or dangerous to the public health, safety, or welfare. f. Any animal which barks, whines, or howls in an excessive, continuous, or untimely manner. g. Any animal which is diseased or dangerous to the public health. h. Any animal which habitually or repeatedly chases, snaps at, attacks, or barks at pedestrians, bicycles, or vehicles, and is not in an enclosure or under restraint. i. Failure to confine a female dog or cat while in heat in such a manner that she will not be in contact with another dog or cat, nor create a nuisance; but this Section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal which is being bred. Rabbit shelter means an area sufficient in size to contain a constrained rabbit in a normal sitting, turning, and stretching position. The shelter must be structurally sound, provide protection from predators and adverse environments, and be easily sanitized. The roof must have enough overhang to protect the rabbit from rain. Restraint means the state of a dog if it is controlled by means of an attended leash or is on, or within, a vehicle being driven or parked, or is within a secure enclosure. Exceptions to restraint include and are limited to: organized and lawful dog functions, dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement training, or in the pursuit of working or competing in those legal endeavors. A dog shall be maintained securely on the property of its owner. Ropes, chains, and the like are prohibited for any purpose under this Chapter. Restraint requirements differ if a dog has been deemed vicious, dangerous, or potentially dangerous and with the applicable requirements set out within the vicious, dangerous, or potentially dangerous dog Sections. Secure enclosure means a padlocked pen, with a concrete bottom and a secured top, a locked home, or locked outbuilding with a concrete bottom. Spayed female means any female which has been surgically altered to prevent conception. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 5 Stray animal means any animal within the County wandering at large, unleashed, or lost and which does not have an owner, or does not bear evidence of the identification of any owner, or any dog or cat within the County whose owner, if determinable, has failed to pay for and procure County license or rabies vaccination tag. Unaltered animal means any unspayed female or unneutered male animal. Vicious animal means any animal that has made an unprovoked attack on a human by biting or in any manner causing injury or the reasonable likelihood of injury or one who habitually or repeatedly attacks farm stock, livestock, domestic, exotic, or other pets. Cross-reference(s) - Art III, Sec 23-71 of the New Hanover County Code of Ordinances State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs G.S. 67-1 et seq.; Public Health G.S. 130A-184 et seq. 5. Section 5-5 — "Rabies vaccination and County pet registration" is hereby amended by deleting the existing section to be replaced as follows: Section 5-5. Rabies vaccination and County pet registration. (a) Every person who is responsible for any puppy, kitten, or ferret shall have such puppy, kitten, or ferret vaccinated against rabies and registered as provided in this Section on or before when the puppy, kitten, or ferret reaches four months of age, but no earlier than three months of age. (b) Every dog, cat, and ferret shall be vaccinated as indicated by the State and the County. No dog, cat, or ferret shall be exempted from this section due to advanced age. (c) The Animal Services Unit Division Commander shall issue numbered rabies tags for distribution to veterinarians to accomplish the vaccination -registration program described in this Chapter. Rabies certificates issued to pet owners in New Hanover County shall note if the pet owner paid a County pet registration for their pet. There also shall be a statement indicating that the County requires all dogs, cats, and ferrets four months or older to pay an annual County registration fee. This information shall either be programmed into the veterinary hospital's computer program or stamped on the certificate by the hospital. Such stamp shall be provided by the Animal Services Unit. (d) The Board of County Commissioners shall establish a preset fee for each combined set comprising a vaccination -registration certificate and a tag. This fee shall be in addition to the amount the veterinarian may charge for their supplies and services in vaccinating a dog, cat, or ferret. (e) No veterinarian practicing in the County shall vaccinate a dog, cat, or ferret without complying with the regulation requirements of this Section. Each veterinarian who agrees to act as an agent of the County to collect the pet registration fees will be provided rabies tags from the Animal Services Unit. Veterinarians who choose not to collect the registration fees shall be responsible for providing their own rabies tags. (f) Each veterinarian shall pay the fee to the Animal Services Unit for each set of certificates and tags as established by the County Board of Health by the tenth day of the following month. (g) When vaccinating any dog, cat, or ferret, a veterinarian shall completely fill out triplicate copies of the rabies certificate with the information required by the Animal Services Unit Division Commander. The veterinarian shall immediately provide one copy to the person responsible for the dog, cat, or ferret and who is presenting the dog, cat, or ferret for vaccination -registering and present another copy to the Animal Services Unit by the tenth day of the following month. The remaining copy of the certificate shall be retained by the veterinarian performing the vaccination. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 6 (h) The copy of the certificate given to a person responsible for the dog, cat, or ferret shall be retained by that person and be available for inspection by the Animal Services Unit division commander, the Sheriff's authorized representative, or any law enforcement officer. (i) At the time of vaccination of any dog, cat, or ferret, the veterinarian shall deliver the tag to the person responsible for the dog, cat, or ferret. It is the responsibility of every person responsible for a dog, cat, or ferret to attach the tag to the collar or harness of the vaccinated dog, cat, or ferret and determine that such collar or harness is worn by that dog, cat, or ferret at all times when the dog, cat, or ferret is outside the residence of a person responsible for the dog, cat, or ferret. Any dog, cat, or ferret found without a tag may be deemed to be not vaccinated under this Chapter. (j) A veterinarian shall be reimbursed and paid the fee for each certificate and tag by the person responsible for the dog, cat, or ferret being vaccinated and registered, and payment may be retained by the veterinarian in addition to the veterinarian's fee for vaccinating the animal. (k) The first vaccination of a dog, cat, or ferret shall be valid for one year from the date of vaccination. The second vaccination for dogs or cats shall be valid for three years from the date of the second vaccination. Ferrets require annual rabies vaccinations. The Animal Services Unit Division Commander shall be responsible for notifying the person responsible for the vaccination of any dog, cat, or ferret that his dog, cat, or ferret needs to be vaccinated again. (1) Dog, cat, or ferret registrations shall be valid for one year from the date of the vaccination and shall be renewed annually during the same month. The Animal Services Unit Division Commander shall mail out a registration renewal notice to each dog, cat, and ferret owner registered with animal the month before their dog, cat, or ferret registration expires. (m) It shall be the responsibility of the person responsible for the dog, cat, or ferret to have the dog, cat, or ferret vaccinated -registered on time. (n) A dog, cat, or ferret brought into the County which has been vaccinated in accordance with the requirements of the State pursuant to N.C.G.S. Chapter 130A, shall be registered in the County within 30 days of initial entry into the County. All other dogs, cats, or ferrets brought into the County shall be vaccinated and registered immediately. This registration shall be accomplished in either of the following ways: (1) A person responsible for the dog, cat, or ferret may have the animal vaccinated under the procedure previously described in this Section. (2) A person responsible for the dog, cat, or ferret may present a valid rabies vaccination certificate from a veterinarian licensed by a state of the United States (regardless of whether that veterinarian has been licensed in this State) to a veterinarian which registers dogs, cats, and ferrets for the County or to the Animal Services Unit Division Commander or his authorized representative at Animal Services. Upon presentation of such a document, the person responsible for the dog, cat, or ferret shall be issued a receipt verifying registration to expire no later than the period the anti -rabies is effective, upon payment of the registration fee established by the Board of County Commissioners. (o) (Reserved) (p) The Animal Services Unit Division Commander or his authorized representative or any law enforcement officer who discovers that a person responsible for a dog, cat, or ferret does not have valid proof of rabies vaccination shall cause the person who owns, redeems, or adopts a dog, cat, or ferret to vaccinate such dog, cat, or ferret within 72 hours. If the rabies vaccination is administered within the 72 hours, the citation shall be void. Individuals who fail to vaccinate their dog, cat, or ferret within the 72 hours shall be issued additional citations. It is the owner's responsibility to notify the Animal Services Unit that the rabies vaccination has been administered or pay the fine. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 7 (q) The Animal Services Unit Division Commander or his authorized representative or any law enforcement officer who discovers that a person responsible for a dog, cat, or ferret does not have valid proof of a current County pet registration shall issue that person a citation for failure to purchase a County pet registration and cause the person who owns, redeems, or adopts a dog, cat, or ferret to purchase such dog, cat, or ferret a County pet registration within 72 hours. Individuals who fail to purchase the County pet registration within 72 hours shall be issued additional citations for failure to purchase the required registration. It is the owner's responsibility to submit to the Animal Services Unit proof of purchase. County pet registration citations shall not be void. No County registration shall be sold without proof of a current rabies vaccination. (r) In addition to all other penalties prescribed by law, a dog, cat, or ferret is subject to impoundment in accordance with the provisions of this Chapter if the dog, cat, or ferret is found not wearing a currently valid dog, cat, or ferret vaccination -registration tag. (s) It shall be unlawful for any person to use for any dog, cat, or ferret a vaccination -registration tag issued to any other dog, cat, or ferret. (t) Any operator of a breeding operation or owner or keeper of a pack of dogs or cats, in lieu of paying the registration fee for individual dogs or cats as provided, may pay the current fee schedule adopted by the County Board of Commissioners for the same. Specialty pet registrations shall be purchased at the Animal Services Unit, and a valid vaccination certificate shall be presented before each animal is registered. State law reference(s) — Public Health G.S. 130A-184 et seq. 6. Section 5-6— "Keeping stray animals" is hereby amended by deleting the existing section to be replaced as follows: Section 5-6. Keeping stray animals. It shall be unlawful for any person in the County to knowingly and intentionally harbor, feed, keep in possession by confinement, or otherwise, any stray animal which does not belong to him, unless he has, within 24 hours from the time such animal came into his possession, notified Animal Services of his intentions to either surrender the stray animal to Animal Services or advertise such stray animal in the local newspaper that has an online or hard copy presence, with the most circulations of five consecutive days. If the individual holding the stray animal selects to advertise the animal and the prior owner does not respond by the tenth day, the individual who has advertised shall be deemed the legal owner. If the advertisement has not started within 72 hours, Animal Services requires that the animal be surrendered to an authorized representative of Animal Services. It shall be unlawful for any person to refuse to surrender any such stray animal. Section 5-7 — "Rabies vaccination and control" is hereby amended by deleting the existing section to be replaced as follows: Section 5-7. Rabies vaccination and control. (a) Vaccination required. Should it be deemed necessary by the County Health Director, the Board of County Commissioners or the State Public Health Veterinarian that other animals be vaccinated in order to prevent or control an epidemic, a potential epidemic, an existing epidemic or other communicable conditions dangerous to or threatening the health or welfare of persons or animals in the County, it shall be unlawful for an owner to fail to provide current, necessary inoculations as directed against rabies or other communicable diseases or conditions. (b) Bite cases; duty to report. Every dog, cat, or ferret which has bitten anyone or which shows symptoms of rabies shall be confined immediately and shall be reported immediately to Animal Services by its owners or persons having charge of the animal. Health care providers, hospitals, and veterinarians are required to notify local health jurisdictions of animal bites to humans. The purpose of reporting is to ensure appropriate rabies prevention measures are initiated after a bite, Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 8 including observation of healthy dogs, cats, and ferrets; laboratory testing of wild animals; wound care; and, appropriate rabies post -exposure prophylaxis (PEP). Thereupon, the animal shall be securely quarantined at the direction of the Animal Services Unit Support Services Division Commander for a period of not less than ten days and shall not be released from such quarantine except by written permission from the Animal Service Unit Support Services Division Commander. If the dog, cat, or ferret becomes sick during the ten-day period, the dog, cat, or ferret shall be examined by a licensed veterinarian at the expense of the owner. The biting animal, and its record of vaccination and registration, if any, shall be inspected by an Animal Services Officer, who shall observe the following procedure: (1) A properly vaccinated and licensed animal may be securely quarantined and confined on the owner's premises if an Animal Services Officer determines that the owner has an adequate means of confinement and quarantine upon his own premises, that the animal is being properly and adequately confined and quarantined on the owner's premises, and the animal is subject to observation by Animal Services at any time during the ten-day quarantine period. The owner has 72 hours to present to the officer proof of vaccination and license. If valid proof is not presented within 72 hours, the Animal Services Officer shall seize the animal and confine it at a veterinary hospital, in a kennel approved by Animal Services at the expense of the owner to complete the quarantine or confinement period. The animal shall not be vaccinated prior to or during quarantine and confinement. (2) Any animal not properly vaccinated or licensed shall immediately be quarantined and confined in a veterinary hospital, in a kennel approved by Animal Services at the expense of the owner for the ten-day quarantine period. The animal shall not be vaccinated prior to or during quarantine and confinement. (3) Any stray animal shall immediately be quarantined and confined in the County Animal Shelter for a ten-day period or euthanized and the head examined for rabies. (c) Surrender for quarantine required on demand. Except as provided in subsection (b) of this section, it shall be unlawful for the owner to refuse to release upon demand and after an investigation by Animal Services, any animal which has bitten a human or other warm-blooded animal for the purpose of quarantine, the expense of which shall be borne by the owner. If rabies does not develop within ten days, the animal may be reclaimed upon payment of the current fee schedule adopted by the Board of Commissioners and upon compliance with other provisions of this Chapter. (d) Rabies diagnosed. If any animal dies while under observation for rabies, that animal's head shall be submitted to the County Health Department and the State Laboratory for analysis. (e) Emergency quarantine and procedure: (1) When reports indicate a positive diagnosis of rabies, the County Director of Public Health shall order an areawide quarantine for such period as deemed necessary; and upon the invoking of such emergency quarantine by the Health Director, no animal capable of contracting rabies shall be at large or not strictly restrained during such period except for treatment at the office of a licensed veterinarian. During such quarantine, no animal may be taken or shipped from the County without written permission of the Health Director, and each member of Animal Services, police, and Sheriff's Office is fully authorized during such emergency to impound or follow the procedures in N.C.G.S. 130A-195 in handling any animal found running at large in the County. (2) During the quarantine period, the Health Director shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency rabies vaccination clinics strategically located throughout the County. No animal which has been impounded by reason of its being a stray or unclaimed by its owner, shall be allowed to be adopted from the animal shelter during the period of emergency rabies quarantine except by special authorization of the County Health Director. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 9 (f) Destruction of animals bitten by rabid animals. Animals without a current rabies vaccination that are bitten by a known rabid animal shall be immediately destroyed unless the owner agrees to strict isolation of the animal at the animal shelter or at a veterinary hospital for a period of six months; or if the animal has a current rabies inoculation, it shall be revaccinated immediately. Any currently rabies vaccinated animal that is not revaccinated within five days of exposure shall be handled as an unvaccinated animal. (g) Extension of quarantine. If there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended at the discretion of the County Health Director. (h) Killing or releasing animals under observation prohibited; penalty. It shall be unlawful for any person to kill or release any animal under observation or quarantine for rabies, any animal suspected or having been exposed to rabies, or any animal having bitten a human or other warm- blooded animal, or to remove such animal from the County without written permission from the County Health Director. Any violation of this Section shall be subject to those penalties prescribed by Section 5-23. (i) Surrender of carcass for examinations. The carcass of any dead animal exposed to rabies shall be surrendered to the Animal Services Unit. The head of such animal shall be submitted to the County Health Department and the State Laboratory for analysis. (j) Failure to surrender carcass prohibited. It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required in this Section when demand is made by the Animal Services Unit. State law reference(s) — Public Health G.S. 130A-184 et seq. 8. Section 5-8 — "Wearing of collar, tag and identification required" is hereby amended by deleting the existing section to be replaced as follows: Section 5-8 — Wearing of collar, tag, and identification required. (a) Upon the owner's compliance with the rabies inoculation and registration provisions of this Chapter, there shall be issued to the owner a numbered rabies vaccination tag stamped with the number and the year for which the tag was issued. (b) It shall be unlawful for any dog or cat owner to fail to provide his dog or cat with a collar or harness to which a current County registration/rabies vaccination tag shall be securely attached. (c) A collar or harness with attached tag shall be worn at all times. A dog or cat shall be exempt from wearing the collar or harness when the dog or cat is confined to an enclosure on the owner's premises, or during the time the dog or cat is performing at shows, obedience trials, tracking tests, field trials, training schools or other events sanctioned and supervised by a recognized organization. Owners of dogs and cats not wearing a tag as required in this Section may be prosecuted for violating this Chapter, or the dog or cat may be impounded. State law reference(s) — Public Health G.S. 130A-184 et seq. 9. Section 5-9 — "Dogs, cats, or ferrets running at large prohibited" is hereby amended by deleting the existing section to be replaced as follows: Section 5-9 — Dogs, cats, or ferrets running at large prohibited. (a) It shall be unlawful for any owner of a dog, cat, or ferret to allow it to run at large off the premises of its owner. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 10 (b) Upon an Animal Services Officer's observation of a dog, cat, or ferret running at large, or off the premises of its owner and not under the restraint of a competent person, the officer may, at his discretion, impound the dog, cat, or ferret or return it to its owner. (c) Upon an Animal Services Officer's receipt of a complaint that a dog, cat, or ferret is running at large or is off the premises of its owner and not under the restraint of a competent person, the Officer shall investigate the complaint; and upon finding that there is probable cause that a violation has occurred, the officer may issue a citation or a warning or take any other action contained in this Chapter or any State law as the circumstances may require. (d) Any owner cited for a violation of this Chapter may discharge the citation upon payment of the current fee schedule adopted by the Board County Commissioners. If the dog, cat, or ferret is impounded, the owner may redeem the dog, cat, or ferret under the provisions of Section 5-17, provided the owner is in compliance with all other applicable provisions of this Chapter. If the owner is charged under a warrant, summons, or bill of indictment and convicted, the provisions of Section 5-23 shall apply. Cross reference(s)—Art. III, Sec. 5-32 of the New Hanover County Code of Ordinances 10. Section 5-10 — "Vicious animals" is hereby amended by deleting the existing section to be replaced as follows: Section 5-10 — Vicious animals. It shall be unlawful for any person to keep any vicious, dangerous, or fierce animal within the County unless the animal is confined within a secure building or secure enclosure, or unless the animal is securely muzzled and under restraint by a competent person who, by means of a leash which is not more than six feet in length from handle to clasp and in hand, has such animal totally under control at all times. The use of a retractable leash is prohibited. The Health Director shall make this determination. Cross reference(s)—Environment, Ch. 23. State law reference(s) — Dogs G.S. 67-1 et seq.; Public Health G.S. 130A-184 et seq. 11. Section 5-11 — "Barking dogs" is hereby amended by deleting the existing section to be replaced as follows: Section 5-11. Barking dogs. It shall be unlawful for any dog owner to keep or have a dog that habitually or repeatedly barks in such a manner or to such an extent that it is a public nuisance. Cross reference(s) — environment, Ch. 23. 12. Section 5-12 — "Teasing and molesting" is hereby amended by deleting the existing section to be replaced as follows: Section 5-12. Teasing and molesting. It shall be unlawful for any person to maliciously tease, molest, bait, or in any way bother any animal. State law reference(s)—Counties G.S. 153A-127. 13. Section 5-13 — "Injuring animals; notice required" is hereby amended by deleting the existing section to be replaced as follows: Section 5-13. Injuring animals; notice required. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 11 It shall be unlawful for any person injuring a dog or cat, or other domestic animal by running over or into a dog or cat, or coming into contact with a dog or cat, with an automobile, motorcycle, bicycle, or other vehicle, to fail to immediately notify the owner of the animal, Animal Services, any local law enforcement agency, or the Sheriff's Office. 14. Section 5-14 — "Health and welfare" is hereby amended by deleting the existing section to be replaced as follows: Section 5-14. Health and welfare. It shall be unlawful for any person to molest, torture, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon, or subject to conditions detrimental to its health or general welfare any animal or to cause or procure such action. The term "torture," "torment" or "cruelty" shall be held to include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted; but such terms shall not be construed to prohibit lawful shooting of birds, deer, and other game for human food, nor to prohibit Animal Services or its agents or the humane society or veterinarians from destroying dangerous, unwanted, sickly, or injured animals in a humane manner. State law ref erence(s)—Protection of Animals, G.S. 19A-1 et seq. 15. Section 5-15 — "Manner of keeping and treating animals generally" is hereby amended by deleting the existing section to be replaced as follows: Section 5-15. Manner of keeping and treating animals, generally. It shall be unlawful for any person to keep animals under unsanitary or inhumane conditions, or to fail to provide proper food and water at all times, shelter from the weather, reasonably clean quarters and proper medical attention for sick, diseased, or injured animals as defined in N.C.G.S. Chapter 19A, as well as adequate inoculation against disease, according to the species of the animal kept. State law ref erence(s)—Protection of Animals, G.S. 19A-let seq. 16. Section 5-16— "Impounding animals" is hereby amended by deleting the existing section to be replaced as follows: Section 5-16. Impounding animals. (a) Authorized. Any animal which is lost, strayed, or unwanted or any dog, cat, or ferret which is found not wearing a currently valid County registration/rabies vaccination tag, as required by State law or this Chapter, or any dog, cat, or ferret found being treated inhumanely, shall be confined at Animal Services in a humane manner for a period of five business days for redemption by the owner or otherwise disposed of as provided in this Section. (b) Release, sale, destruction. If an impounded animal is not redeemed by the owner within the time allowed for redemption, it may be offered for adoption to any responsible individual who is willing to comply with this Chapter; and when such animal is offered for adoption, it shall be to the first person paying for it as provided in this Article. The Animal Services Unit Division Commander may take a person's association with the prior owner into consideration when determined if he or she is sufficiently responsible to adopt. Animals not redeemed within the required holding period after being taken into custody may be destroyed by Animal Services in a humane manner as recommended by the American Veterinary Medical Association, or may be made available to officially approved and recognized medical schools or research institutions, or for use by a local veterinarian as a blood donor or for a study of local animal diseases. If the animal is made available for study of local animal diseases, blood samples shall be taken at Animal Services; then the animal will be euthanized at Animal Services. If the animal is made available for research, the animal must be euthanized at Animal Services. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 12 (c) Notifying owner. Immediately upon impounding an animal, Animal Services shall make reasonable efforts to notify the owner and inform such owner of the conditions whereby the animal may be redeemed. (d) Suspected rabies. Animals impounded which have been bitten or are suspected of having been bitten by a rabid animal or appear to be suffering from rabies shall not be released but shall be treated in accordance with the provisions of this Chapter. (e) Unwanted, diseased or injured animals. If an animal is officially surrendered by the owner to Animal Services, it becomes property of the County and may be adopted or destroyed in a humane manner immediately. (f) Other diseased or injured animals. Any animal impounded which is badly wounded or diseased and has no identification shall be destroyed immediately in a humane manner. If the animal has identification, Animal Services shall attempt to notify the owner before disposing of such animal; but if the owner cannot be reached readily, and the animal is suffering, Animal Services may destroy the animal in a humane manner within its discretion. (g) Provision for animals that Animal Services cannot care for. Animal Services is authorized to obtain suitable board, maintenance, and care for any impounded animal, from any available source, when Animal Services is not equipped to provide care. The owner of any animal impounded and provided care under this Section may redeem the animal within five business days upon the payment of all costs of maintenance, transportation, and care in addition to the regular redemption fees provided in this Chapter. If not redeemed, the animal may be sold for fair market value and report of the sale duly reported to County Finance. (h) Animals impounded pursuant to judicial process or administrative seizure. Should Animal Services take possession of any animals pursuant to a judicial order, warrant, or administrative seizure, or other authorized action, by any law enforcement officer or Animal Services Officer, the animal shall be confined at Animal Services or another appropriate facility designated by the Animal Services Unit division commander for a period of five business days. Prior to the end of the fifth business day of the holding period, the owner must remove the animal to a site acceptable to the Animal Services Unit with a maintenance agreement acceptable to the Animal Services Unit Support Services Commander, pending resolution of any pertinent judicial proceeding. Any animals not removed in accord with the manner and time specified in this subsection shall be deemed abandoned. Any such abandoned animal shall become the sole property of the County and may be offered for adoption, destroyed, or otherwise disposed at the County's election. Any and all incurred costs, expenses, and fees for maintenance, transportation, and care, whether within or outside the County, shall be the duty and liability of the owner whose animal was impounded under this Section. Should a court order any injunctive relief permitting the subject animal to remain within the County at the Animal Services Unit or at some other facility within the County acceptable to the Animal Services Unit, the owner must pay all costs, expenses, and fees for maintenance and care on a weekly basis, in advance of the weekly term. Should such costs, expenses, and fees not be paid within two working days of their being due, the animal shall be deemed abandoned and shall become the sole property of the County. State law ref ere nce(s)—Protection of Animals, G.S. Chapter 19A-let seq. 17. Section 5-17 — "Redemption procedure for impounded animals" is hereby amended by deleting the existing section to be replaced as follows: Section 5-17. Redemption procedure for impounded animals. (a) When any animal has been impounded at Animal Services, notice of such impoundment shall be given to the owner; or if the owner is unknown, notice shall be posted on the Sheriff's Office website for three (3) business days; or if the animal has a valid County license/rabies vaccination tag, it shall be posted on the Sheriff's Office website for five (5) business days or until disposal of the animal. The notice shall be posted on the animal's pen at Animal Services and shall indicate the time and place of taking the animal and the time and date of posting the notice. The time for redemption of the animal shall not begin to run until such notice has been given or posted on the Sheriff's Office website. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 13 (b) The owner shall be entitled to resume possession of his animal, except as already provided for certain animals, upon compliance with the provisions of this Chapter and upon payment of the current fee schedule adopted by the Board of County Commissioners. (c) If two or more violations occur within one year, the owner redemption fee shall be paid according to the current fee schedule adopted by the Board of County Commissioners. In addition to other fees set out in this Section, a boarding fee at the rate according to the current fee schedule adopted by the Board of County Commissioners shall be paid before animals may be redeemed. 18. Section 5-18 — "Exemptions" is hereby amended by deleting the existing section to be replaced as follows: Section 5-18. Exemptions. Veterinary hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Chapter except for Sections 5-5, 5-14, and 5-15. 19. Section 5-19 — "Interference" is hereby amended by deleting the existing section to be replaced as follows: Section 5-19. Interference. It shall be unlawful and a violation of this Chapter for any person to release any animal from a trap or cage, or carry away, interfere with or damage any trap or cage set out or placed by Animal Services. 20. Section 5-20 — "Collection of dogs and cats for resale prohibited" is hereby amended by deleting the existing section to be replaced as follows: Section 5-20. Collection of dogs and cats for resale prohibited. It shall be unlawful for any person to collect any dog or cat within the County for the purpose of resale. This shall include, but is not limited to, home solicitations or the setting of traps on any land within the County for the purpose of reselling these animals. 21. Section 5-21 — "Creation of trust fund, acceptance, investment, use and expenditure of gifts, grants, and award to Animal Services" is hereby amended by deleting the existing section to be replaced as follows: Section 5-21. Creation of trust fund, acceptance, investment, use and expenditure of gifts, grants, and award to Animal Services. (a) The Animal Services trust fund account may accept and disburse gifts, grants, and awards made to Animal Services. (b) The trust fund account is to be self-perpetuating from year to year unless abolished by the Board of County Commissioners. (c) The trust fund shall be for the use of Animal Services capital outlays, spay/neuter programs with local veterinary hospitals, pet parks, and programs to increase pet adoption. (d) Gifts, grants, and awards received from public and private donors shall be deposited in the Animal Services trust fund account created in this Section and shall at all times be kept separate and apart from the general funds of such that they will ensure to the use and benefit of Animal Services. (e) Gifts, grants, and awards not immediately used shall be invested in accordance with the County's investment policy. (f) Funds not expended at the close of the fiscal year shall be carried forward into the next year. (g) Gifts, grants, and awards to the trust fund account shall be received by Animal Services and delivered to the finance office, who shall deposit them as determined by Subsection (d) of this Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 14 Section. These gifts, grants, and awards shall be expended by the Finance Director only upon receipt of a resolution duly adopted by the County Manager. (h) Any gifts, grants, or awards received subject to a condition shall be expended strictly in accordance with such condition. 22. Section 5-22 — "Records" is hereby amended by deleting the existing section to be replaced as follows: Section 5-22. Records. It shall be the duty of Animal Services to keep or cause to be kept accurate and detailed records of: (1) Impoundment and disposition of all animals coming into Animal Services. (2) Bite cases, violations, and complaint investigations. (3) All monies belonging to the County which were derived from impoundment fees, penalties, and adoptions of animals. (4) All other records deemed necessary by the Sheriff, County Manager, or statute. 23. Section 5-23 — "Violations; misdemeanor' is hereby amended by deleting the existing section to be replaced as follows: Section 5-23. Violations; misdemeanor. (a) Pursuant to State law, it is a Class 3 misdemeanor punishable by a fine not to exceed $500.00 to violate any provisions of this Chapter unless otherwise provided herein. (b) In addition to and/or in lieu of the criminal sanctions imposed pursuant to Subsection (a) of this Section, the County may issue civil citations, in such amounts as established by the Board of County Commissioners for any violation of this Chapter. Each separate violation under this Chapter shall constitute a distinct offense under this Chapter. These civil citation penalties may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty after being cited as set forth in Section 1-6. 24. Section 5-24 — "Jurisdiction" is hereby amended by deleting the existing section to be replaced as follows: Section 5-24. Jurisdiction. This Chapter shall be effective within the corporate limits and extraterritorial jurisdiction of any municipality within the County which shall so agree by appropriate resolution. 25. Section 5-25 — "Dogs prohibited on Mason Inlet Beach and public riparian property at certain times, places" is hereby amended by deleting the existing section to be replaced as follows: Section 5-25. Dogs on Mason Inlet Beach and public riparian property. It shall be unlawful for the owner of a dog to allow the animal to be off the premises of his owner and not on a leash, or running at large, within any portions of the unincorporated County situated on Wrightsville Beach Island north of the town boundary line or on public riparian property. No person shall allow a dog on the public beach of the Atlantic Ocean or other public riparian property within any portion of the unincorporated County situated on Wrightsville Beach Island north of the town boundary lines, whether on a leash or not, at any time between April 1 and September 30 of each year. This Section shall only be enforced as a civil citation in an amount established by the Board of Commissioners. Each separate violation shall constitute a distinct incident. These civil citation penalties Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 15 may be recovered in a civil action in the nature of a debt or income tax set-off. No misdemeanor or any other criminal sanction shall be incurred for violation of this Section. 26. Section 5-26 — "Dogs running at large prohibited at Mason Inlet Beach and public riparian property" is hereby amended by deleting the existing section to be replaced as follows: Section 5-26. Reserved. 27. Section 5-27 — "Proof of sterilization of animals adopted in New Hanover County" is hereby amended by deleting the existing section to be replaced as follows: Section 5-27. Proof of sterilization of animals adopted in New Hanover County. Any group, organization, or entity offering animals for adoption in New Hanover County must provide proof of sterilization for every animal prior to adoption. 28. Section 5-28 — "Permits for kennels" is hereby amended by deleting the existing section to be replaced as follows: Section 5-28. Permits for kennels. (a) No person may maintain a kennel not defined by the New Hanover County Ordinances within the County of New Hanover except in accordance with a permit issued pursuant to this Section. (b) Animal Services shall issue the permit required by this Section. The permit application forms shall be promulgated by Animal Services pursuant to this Section. Before issuing the permit, Animal Services shall require proof that each of the following conditions has been met by the kennel operator: (1) Each dog kept or maintained in the kennel must be vaccinated for rabies and must be licensed as required by this Chapter; (2) Permits shall include the name, address, and telephone number of the owner/operators of the kennel, the address and physical location of the kennel, and the number of dogs over the age of six months being kept at the kennel as of January of the year for which the permit is issued; (3) If the dogs are to be kept or maintained in any kennel or enclosure other than the principal structure on the premises, whether on a temporary or permanent basis, said kennel or enclosure must satisfy the size and location criteria of Section 5-4; (4) The applicant or any other person associated with the operation of the kennel must not have been convicted or found liable for cruel or inhumane treatment of animals within the five years next preceding the date of the permit application; (5) There must be no violations of any health or sanitation codes or ordinance arising from or in connection with the handling or disposal of animal wastes involving the premises or any person associated with the operation of the kennel for the five years next preceding the date of the permit application; (6) If the applicant is not the owner of the premises proposed for the kennel operation, there must be written permission from the owner of the premises to engage in the operation of the kennel; Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 16 (7) There must be no reported incidents of injurious or threatening behavior by dogs on the premises for the 12 months next preceding the date of the license or permit application. Any such reported incidents must be independently verified and confirmed in the records of the New Hanover Sheriff's Office, Wilmington Police Department, Animal Services Unit of New Hanover County, or any other law -enforcement agency; and, (8) No more than one kennel permit may be issued for any premises within the County. For purposes of determining the number of dogs, all dogs on a single premises shall be included in the total. (c) When a permit is denied for any reason, Animal Services shall state the reason for the denial in writing and shall deliver the determination to the applicant personally or by registered or certified mail, return receipt requested. (d) Any kennel issued a permit pursuant to this Section shall be maintained in a clean and sanitary condition at all times: The portion of the premises occupied by the kennel shall be cleaned of animal waste at least once a day and said animal waste shall be properly disposed of. Failure to maintain a kennel in accordance with this provision shall also result in the kennel and dogs being declared a public nuisance pursuant to Section 5-4 and any other pertinent Chapter in the New Hanover County Ordinances and shall subject the kennel operator to the abatement procedures and penalties set forth in this Chapter. (e) Reserved. (f) A permit issued in accordance with this Section may be revoked by Animal Services for any of the reasons enumerated under Subsection (b) above. Animal Services shall state the reason for the revocation in writing and shall deliver the determination of revocation to the permittee personally or by registered or certified mail, return receipt requested. (g) Any person who is denied a permit or whose permit is revoked pursuant to this Section shall have 30 days to comply with the requirements of this Section or to reduce the number of dogs on the premises to not more than four. (h) Any person who is denied a permit or who has a permit revoked may appeal the denial or revocation to the Sheriff's Support Services Division Commander or his designee by giving written notice of appeal to the Sheriff's Support Services Division Commander or his designee within 30 days or after the receipt of the written determination. The Sheriff's Support Services Division Commander or his designee shall conduct a de novo hearing to determine if the permit should be denied or revoked. Any enforcement action shall be stayed pending determination of an appeal pursuant to this subsection. 29. Section 5-29 — "Permit, inspection and enforcement" is hereby amended by deleting the existing section to be replaced as follows: Section 5-29. Permit, inspection and enforcement. (a) Complete applications shall be reviewed and approved or denied within 30 days of the date of submittal. Annual permits are valid from the time they are issued until the first day of the month of January of the next year after their issuance. The annual permit fee will be set by the County Board of Commissioners. Applicants that hold a license issued pursuant to the North Carolina Animal Welfare Act, shall have the fee for such license credited towards the licensing fee imposed by Sections 5-28, and 5-29. The Animal Services Unit Division Commander shall mail out a permit renewal notice to each kennel one month before their kennel permit expires. (b) Kennel permits shall be issued by Animal Services Unit. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 17 (c) The application must be complete in order for Animal Services to accept and review the application. Prior to administrative approval, Animal Services may conduct a criminal background check of the applicant and property owner. (d) Within 30 days of submission of the application for a license or permit, Animal Services may conduct an inspection of the kennel. (e) Animal Services shall inspect kennels on an annual basis. The inspection must be during business hours. Notice is not required before an inspection. The inspection report must list separately each standard set forth in Section 5-28 and must require Animal Services to document whether the facilities comply with each standard. (f) Upon failure by a kennel operator to grant access to Animal Services to perform the annual inspection or discovery of a violation of any provision of sections 5-28 and 5-29, Animal Services may revoke the permit or require curing of the violations within 30 days. However, upon a finding of gross abuse or gross neglect, Animal Services shall immediately impound all animals found on the premises. (g) The Animal Services Unit Division Commander, their authorized representative or any law enforcement officer who discovers that a person responsible for a kennel does not have valid proof of a current kennel permit shall issue that person a citation for failure to purchase a permit and cause the person to purchase such kennel permit within 72 hours. Individuals who fail to purchase the permit within 72 hours shall be issued another citation for failure to purchase the required permit. It is the kennel owner or operator's responsibility to submit to Animal Services proof of purchase. (h) All complaints concerning a kennel within the County shall be investigated and addressed by Animal Services. Notwithstanding Subsection (f), if any person shall deny Animal Service admittance to his property, upon probable cause, Animal Service shall be entitled to secure from any judicial official with jurisdiction to issue warrants a court order granting such admittance. (i) Any person who violates any provision of Sections 5-28 and 5-29 shall be deemed guilty of a misdemeanor and shall be punishable according to G.S. 14-4. Each day that a violation continues shall constitute a separate offense. The County may also initiate any applicable civil action, such as the seizure of animals and/or revocation of a kennel permit. (j) The Animal Services Unit Division Commander or their authorized representative may issue a citation for any violation of this article, which subjects the offender to a civil penalty in an amount approved by the Board of County Commissioners. This penalty may be recovered by the County in the nature of a debt if the offender does not pay the penalty within 20 days of being cited. Each day of a continuing violation constitutes a separate offense under the article. These citations may be imposed in addition to any and all other available civil and criminal remedies and actions. 30. Section 5-30 — "Restraint (dogs tied out)" is hereby amended by deleting the existing section to be replaced as follows: Section 5-30. Restraint (dogs tied out). A dog shall be maintained securely on the property of its owner. Ropes, chains, and the like are prohibited for any purpose under this Chapter. Exceptions to restraint are as follows: organized and lawful dog functions; e.g., dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement training, or in the pursuit of working or competing in those legal endeavors. 31. Section 5-31— "Outside enclosure" is hereby amended by deleting the existing section to be replaced as follows: Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 18 Section 5-31. Outside enclosure. Dog owners are required to provide an outdoor pen meeting the following specifications: each dog less than 25 pounds must have a kennel of at least eight feet by ten feet in size, and each dog 25 pounds or greater must have a kennel of ten feet by ten feet in size. Animal Services reserves the right to determine if a space is considered suitable for the number and size of dogs housed in an outdoor enclosure. 32. Section 5-32 — "Public nuisance" is hereby amended by deleting the existing section to be replaced as follows: Section 5-32. Public nuisance. The following are considered to be reasonable public nuisance complaints and therefore prohibited: (a) Any animal which is found at large off the premises of its owner and not under the restraint of a competent person as defined by this Chapter. (b) Any animal which damages the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers or vegetables. (c) Any animal which is a vicious animal as defined by this Chapter. (d) Maintaining animals in an environment of unsanitary condition is in violation of this Chapter. (e) Any act which by virtue of number or type and location is offensive or dangerous to the public health, safety, or welfare as defined by this Chapter or any other applicable Section in the New Hanover County Code of Ordinances. (f) Any animal which barks, whines, or howls in an excessive, continuous or untimely manner. (g) Any animal which is diseased and/or dangerous to the public health. (h) Any animal which habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, bicycles or vehicles, and is not in an enclosure or under restraint. (i) Failure to confine a female dog or cat while in heat in such a manner that she will not be in contact with another dog or cat, nor create a nuisance; but this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal which is being bred. State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs G.S. 67-1 et seq.; Public Health G.S. 130A-184 et seq. 33. Section 5-33 — "Responsible breeder's permit" is hereby amended by deleting the existing section to be replaced as follows: Section 5-33. Breeder's permit. (a) It shall be unlawful for any person to breed a dog or cat without securing a breeding permit from Animal Services, which must be obtained no later than three (3) business days following birth of the litter. (b) The fee for the permit shall be established by the Board of County Commissioners. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 19 (c) This section does not impose any restrictions upon what animal is bred or the frequency of such breeding. State law reference(s) — Protection of Animals G.S. Chapter 19A et seq. 34. Section 5-34 — "Penalty for violation of chapter" is hereby amended by deleting the existing section to be replaced as follows: Section 5-34. Penalty for violation of chapter. A violation of the provisions of this Chapter shall constitute a Class 3 misdemeanor and shall be fined not more than $500.00. B. Chapter 5, Animals, Article II, Dangerous Doe/Potentially Dangerous Dog: State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs Chapter 67 et seq.; Public Health Chapter 130A et seq.; Counties Chapter 153A et seq. 35. Section 5-61 — "Definitions" is hereby amended by deleting the existing section to be replaced as follows: Section 5-61. Definitions. The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Appeal Board means the committee designated by the Sheriff, as the County authority responsible for Animal Control, to hear appeals of a Board determination of a dog being a dangerous or potentially dangerous dog. Board means the committee designated by the Sheriff, as the County authority responsible for Animal Control, to make the determinations of dangerous or potentially dangerous dogs. Dangerous dog means: (1) A dog that without provocation has killed or inflicted severe injury on a person; or (2) A dog that is determined by the Board designated by the Sheriff, as the County authority responsible for Animal Control, to be potentially dangerous because the dog has engaged in one or more of the behaviors listed under the definition of Potentially dangerous dog; or (3) Any dog owned or harbored primarily or in part for the purpose of dog fighting; or (4) Any dog trained for dog fighting. Owner means any person or legal entity that has a possessory property right in a dog. Owner's real property means any real property owned or leased by the owner of the dog but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development. Potentially dangerous dog, which is a type of dangerous dog and will be treated as a dangerous dog for the purposes of enforcement, means a dog that the Board designated by the Sheriff, as the County authority responsible for Animal Control, determines to have: Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 20 (1) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or (2) Killed or inflicted severe injury upon a domestic animal when not on the dog owner's real property; or (3) Approached a person when not on the dog owner's property in a vicious or terrorizing manner in an apparent attitude of attack. Severe injury means any physical injury that results in broken bones or disfiguring lacerations that requires cosmetic surgery, surgery, or hospitalization. State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs Chapter 67 et seq.; Public Health Chapter 130A et seq.; Counties Chapter 153A et seq. 36. Section 5-62 — "Exclusions' is hereby amended by deleting the existing section to be replaced as follows: Section 5-62. Exclusions. The provisions of this Article do not apply to: (1) A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties; (2) A dog being used in a lawful hunt; (3) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a lawful hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or (4) A dog, where the injury that was inflicted by the dog, was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort; was tormenting, abusing, or assaulting the dog; or had tormented, abused, or assaulted the dog; or was committing or attempting to commit a crime. State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs Chapter 67 et seq.; Public Health Chapter 130A et seq.; Counties Chapter 153A et seq. 37. Section 5-63 — "Procedure" is hereby amended by deleting the existing section to be replaced as follows: Section 5-63. Procedure. (a) The Sheriff, as the County authority responsible for Animal Control, shall appoint a Board of two people who will be responsible for determining when a dog is a dangerous or potentially dangerous dog and shall designate a separate Board to hear any appeal. (b) The Board making the determination that a dog is a dangerous dog or a potentially dangerous dog must notify the owner in writing, the Board's determination and the reasons for the determination before the dog may be considered dangerous or potentially dangerous under this Article. (c) The Board shall consider any written response by the owner to the Board's written notification. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 21 (d) If there is a split decision, the Sheriff or his designee will make the final determination. (e) Once a decision has been made, the owner must provide Animal Services with: (1) The current address where the dog will be housed; (2) Notify Animal Services within 48 hours of any change in address of the owner or the subject potentially dangerous or dangerous dog; and, (3) Follow all State laws and County Ordinances dealing with dangerous or potentially dangerous dogs until all appeals have been exhausted and a final decision is rendered or no appeal is requested, making the decision is final. (f) The owner may appeal the determination of a dangerous dog or potentially dangerous dog by filing written objections with the Appellate Board within three business days as post marked or delivered to the appeals board by the third day. The written objections must be accompanied by the appellant's filing fees as established by the Board of County Commissioners to be considered properly appealed. (g) If appealed, the Appellate Board shall schedule a quasi-judicial hearing within ten calendar days of the filing of the objection. The dog owner and complainant will be notified of the hearing date. The owner must follow all State laws and County Ordinances dealing with dangerous or potentially dangerous dogs until all appeals have been exhausted and a final decision is rendered. Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. (h) Any appeal from the final decision of such Appellate Board shall be taken to Superior Court by filing notice of appeal and a petition for review within ten business days from the final decision of the Appellate Board. The appeal shall be heard de novo before a Superior Court judge sitting in the County. The owner must follow all State laws and County Ordinances dealing with dangerous or potentially dangerous dogs until all appeals have been exhausted and a final decision is rendered. Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs Chapter 67 et seq.; Public Health Chapter 130A et seq.; Counties Chapter 153A et seq. 38. Section 5-64 — "Precautions against attacks by dangerous or potentially dangerous dogs" is hereby amended by deleting the existing section to be replaced as follows: Section 5-64. Precautions against attacks by dangerous or potentially dangerous dogs. (a) It is unlawful for an owner to: (1) Leave a dangerous dog or potentially dangerous dog unattended on the owner's real property unless the dog is confined indoors, or in a securely enclosed and padlocked pen with a concrete bottom and a secure top, or in another structure designed to restrain the dog. (2) Not post their property as required. The premises of the owner or possessor of the dangerous dog or potentially dangerous dog must be posted with four clearly visible warning signs that adequately informs the public, including children, of the presence of a dangerous dog or potentially dangerous dog, and strategically placed on the property as designated by the appropriate County authority. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 22 (3) Permit a dangerous dog or potentially dangerous dog to go beyond the owner's real property unless the owner, or a responsible guardian over the age of 18, has the dog leashed on a leash that is no more than six feet in length from the handle to the clasp, the leash is in the hand of the owner or responsible guardian over the age of 18, and the dog is muzzled or otherwise securely restrained and muzzled. Retractable leashes are not permitted. (4) Permit a dangerous dog or potentially dangerous dog to be without a muzzle on the owner's property when not confined in a secured enclosure, even in the presence of the owner or others. In the Section 5-63 determination, any of the measures included in this Section may be waived by the Board or the Appellate Board, or other similar measures or conditions may be substituted in their place. (b) Within seven calendar days after a dangerous dog or potentially dangerous dog determination becomes final, the owner must have the dangerous dog or potentially dangerous dog tattooed with an identification number inside the right hind leg or micro -chip identification as directed by the Animal Services division commander. Within 72 hours of the death of a dangerous dog or potentially dangerous dog, the owner of the dog shall provide written notification of the dog's death to the Animal Services. If the dog's body is not available, the notification shall fully identify the dog and shall bear the notarized signature of the owner and a licensed veterinarian, all attesting to the dog's death. (c) If the owner of a dangerous dog or potentially dangerous dog transfers ownership or possession of the dog to another person, within 48 hours of the transfer, both the prior and current owners shall provide the following as a written notice to the Sheriff and Animal Services: (1) The name and address of the new owner or possessor of the dog; and, (2) That the person taking ownership or possession of the dog is aware of the dog's dangerous or potentially dangerous dog's Board determination, as well as the dog's specific dangerous or potentially dangerous behavior. (d) The person taking ownership of the dog shall notify Animal Services within 48 hours of the dog's change of address and their knowledge of the Board or Appellate Board's determination. (e) Violation of this Section is a Class 3 criminal misdemeanor punishable by a fine not to exceed $500.00 or imprisonment for not more than 30 days or both. 39. Section 5-65 — "Violation of conditions; euthanization" is hereby amended by deleting the existing section to be replaced as follows: Section 5-65. Violation of conditions; euthanization. (a) Animal Services may take possession of any dog concerning whom it has cause to believe an owner has violated Section 5-64. For this purpose, the requirement for sufficient cause shall be satisfied if an officer observes the violation or if Animal Services obtains an affidavit setting forth the violation. In the event that a dog which has been determined dangerous or potentially dangerous receives a final determination that the conditions imposed pursuant to Section 5-64, the dog must be surgically sterilized. An owner who violates Section 5-64 in a willful or negligent manner may be found by the Board or Appellate Board to have forfeited all rights or ownership of the dog; and upon final determination of such violation, the dog may be humanely euthanized by Animal Services. Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 23 (b) Appeals from rulings of the appellate board shall be heard in Superior Court. The appeal shall be heard de novo before a Superior Court judge sitting in the County. 39. Add Section 5-66 — "Penalty for attacks by dangerous dogs or potentially dangerous dogs' to include the following new language: Section 5-66. Penalty for attacks by dangerous dogs or potentially dangerous dogs. The owner of a dangerous dog or potentially dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a Class 1 misdemeanor. State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs Chapter 67 et seq.; Public Health Chapter 130A et seq.; Counties Chapter 153A et seq. 40. Add Section 5-67 — "Strict Liability' to include the following new language: Section 5-67. Strict Liability. The owner of a dangerous dog or potentially dangerous dog shall be strictly liable in civil damage for any injuries or property damage the dog inflicts upon a person, his property, or another animal. State law reference(s) — Protection of Animals G.S. Chapter 19A et seq.; Dogs Chapter 67 et seq.; Public Health Chapter 130A et seq.; Counties Chapter 153A et seq. 41. Add Section 5-68 —"Confinement or leashing of vicious animals" to include the following new language: Section 5-68. Confinement or leashing of vicious animals. The local health director may declare an animal to be vicious and a menace to the public health when the animal has attacked a person causing bodily harm without being teased, molested, provoked, beaten, tortured or otherwise harmed. When an animal has been declared to be vicious and a menace to the public health, the local health director shall order the animal to be confined to its owner's property. However, the animal may be permitted to leave its owner's property when accompanied by a responsible adult and restrained on a leash, no more than 6 feet in length from handle to clasp. Retractable leashes are prohibited. State Law reference— Confinement or leashing of vicious animals, G.S. 130A-200 C. Except as herein expressly amended, Chapter 5, Animals, shall remain unaltered and in full force and effect. This ordinance is adopted and shall take effect on the 5th day of May, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 10- 1 - 24 Sec. 5-1. Animal rarv;reservices aa+t Idnit created. (a) There is created the Aanimal Sservices Uunit of the Ssheriff's Oeffice of the Ceounty, which shall be composed of the SS heriff's support services division commander and such employees as shall be determined Formatted: Font color. Red, Strikethrough by the heriff and funded by the Bboard of County Ceommissioners. The support services division commander and employees shall be appointed and compensated in accordance with the personnel policies of the New Hanover County Sheriff's Office. (b) The Aanimal Sservices Uunit shall designate employees or agents enforcing this Cehapter as minimal =-N' =-_=_--_ Formatted: Strikethrough Services officers. In the performance of their duties, animal Animal-sServices officers shall have all the powers, authority and immunity granted under this Cehapter and by the general laws of this Sstate to enforce the provisions of this Cehapter, and the General Statutes as they relate to the care, treatment, control or impounding of animals. Should any Aanimal Sservices officer also be a Ddeputy Ssheriff, he or she shall also have all the power, authority, and immunity granted sworn law enforcement officers under general laws of this Sstate. (c) Except as may be otherwise provided by statutes, local laws or ordinances, no officer, agent or employee of the Ccounty charged with the duty of enforcing the provisions of this Cehapter or other applicable laws shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties unless he acts with actual malice. (d) It shall be unlawful for any person to interfere with, hinder or molest any Aanimal Sservices officer, police officer, veterinarian or other duly appointed agent while in the performance of any duty authorized by this Cehapter or to seek to release any animal in the custody of such agent, except in the manner as herein provided. Each animal service officer while performing his respective duties shall wear an identification insignia of size and design to be determined by the Ssheriff. (e) Animal service officers, if not sworn law enforcement, shall not be authorized to carry on their person any firearms of any kind unless otherwise authorized by the Ssheriff. Animal Sservices officers may store at the animal shelter or carry in departmental vehicles firearms approved for use and use such firearms when necessary to enforce sections of this Cehapter or under applicable laws for the control of wild, dangerous, vicious or diseased animals. (Code 1978, § 3-1; Ord. of 12-20-2010, § 1; Ord. of 3-12-2012) State law reference(s)—Appointment of Aanimal Sservices officers authorized, G.S. 67-30 et seq. Sec. 5-2. Advisory committee. Reserved SSsheF:ff -.....I shall seFve at the pleasure of the Sshe: ff Members Will inn de but aFe t limited • ted Sec. 5-3. Duties of Aanimal Sservices unit. ---- Formatted: Paragraph 1 (a) The Aanimal Sservices Uunit shall be charged with the responsibility of: Created: 2024-M-07 12:S0:23 [EST] (Supp. No.14, Update 1) Page 1 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 1 (1) Enforcing all tate laws, Ceounty ordinances, health regulations and resolutions relating to the care, I Formatted: Font color. Red, Strikethrough custody and control of domestic animals, especially with regard to vaccination of dogs, cats, and ferrets against rabies and the secure confinement or leashing and muzzling of dangerous and/or vicious animals within the Ceounty. Notwithstanding the foregoing, reference is particularly made to G.S. 67-1 et seq. and G.S. 130A-184 et seq. (2) Investigating cruelty, animal abuse or neglect with regard to dogs, cats and other domestic animals. (3) Making such canvasses of the Ceounty, including homes in the Ceounty, as deemed necessary for the purpose of ascertaining that all dogs, cats, and ferrets are duly and properly listed for registration purposes and that all dogs, cats, and ferrets are vaccinated against rabies. (4) Operating the Ceounty animal shelter pursuant to regulations adopted by the Bboard of Hhealth and guidelines established by the North Carolina Department of Agriculture and Consumer Services. (5) Listing for registration for dogs, cats, and ferrets and maintaining a reference file in connection with the list, all in accordance with the provisions of this Cehapter_ eemrnissieneFs. (6) Issuing to the owner a citation for rabies vaccination at the time of redemption for any unvaccinated dog, cat, or ferret four months of age or older. The animal shall be vaccinated by a licensed veterinarian, a registered veterinary technician under the direct supervision of a licensed veterinarian, or a licensed rabies vaccinator and proof returned to the Aanimal Sservices Utrnit by the owner of the dog, cat, or ferret within three business days. If the rabies vaccination is administrated within 72 hours, the citation shall be void. Individuals who fail to vaccinate their pet.within 72 hours may be issued A citations. ^ ,..�.,a �:�tati ,. (7) The commander and all Aanimal Sservices officers are empowered to issue citations to any person if there is probable cause to believe that such person has violated any of the provisions of this Cehapter. Citations so issued may be served in person upon the violator by the commander or any Aanimal Sservices officer or they may be mailed by certified mail. Any citation so served or mailed shall direct the alleged violator to make payment of the fine provided therein to Aanimal Sservices on or before a specific day and hour stated on the citation and the period so specified shall not be less than 72 hours after service or delivery to the violator. If the violator is served by mail, the violator shall have 20 days from the date of the citation to pay said citation. The citation fines may be recovered by the Ceounty in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days after being cited. Any alleged violator may make written appeal of the citation to the Hhealth Ddirector or his designee within 20 days of the date of the citation. The right to appeal from the Hhealth Ddirector is to the New Hanover County Superior Court. (8) In addition to and/or in lieu of the civil citation provided for in subsection (a)(7) of this section, the support services division commander may forthwith have a criminal complaint entered against the violator and secure and issue a warrant for his arrest or issue a summons against such person to appear in court. The arrest or summons shall be for the violation of the section of this Cehapter charged in the citation, and, upon conviction, the defendant shall be subject to the penalties prescribed by this Cehapter. (9) All records with respect to the citation forms and their disposition shall be maintained so that all such forms shall be capable of an immediate accounting. Records of citations shall be maintained in the shelter's software database. (b) The Ceounty Finance oefficer or his representative shall periodically investigate the records of the division for the purpose of determining the disposition of the citation forms and shall report the result of such (Supp. No. 14, Update 1) Created: 2024-68-07 12:50:25 [EST] Page 2 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 2 investigation to the Ceounty Mmanager. For the purpose of making this investigation, he shall have access to the records of the division. (Code 1978, § 3-3; Ord. of 3-8-2004; Ord. of 12-20-2010, §§ 2-9; Ord. of 3-12-2012) State law references) —Dogs, G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local public health services, G.S. 130A-34 et seq. Sec. 5-4. Definitions. The following words, terms and phrases, when used in this Cehapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Anima! Sservices means the nimal ;services Uunit; Aanimal sServices shelter; New Hanover County Animal Services. _ — Formatted: Strikethrough _ animal snetter means amr :remise or facility which is used to house or contain seized. stranomeiess. �� ----- —---------�----------�-------------------------- - --- =_--w -------"-"--- Formatted: Font: Italic quarantined, abandoned, or unwanted animals for the purpose of impounding and caring for all animals running at large or otherwise subject to impoundment in accordance with the provisions of this Chanter and which is under contract with owned or maintained by a county- citN, town or other municipality; or by a duly incorporated humane society, animal welfare soci ociety for the Prevention of cruelt- to animals or other non r fit organization devoted to the welfare-, protection" rehabilitation, or humane treatment of animals. At large means the state of an animal when it is off the property of its owner and not under the restraint of a competent person. ------------ - Formatted: Font: Not Italic *Boarding Kennel means a facility or establishment which regularly offers to theyublic the service of boarding dogs or cats or both for a fee. Such a facility or establishment may, in addition to providing shelter, food and water, offer grooming, daycare. or other services for doss or cats. A boardine kennel must be aaoropriately licen d from the required authority and be in com liance with the Federal Animal Welfare Act and NCGS Cha ter 19A ..... ...... --------- LFormatted: Font: Not Italic "--------•-------------------- Formatted: Strikethrough Fn-oFethan fO _ _ _ e ae or cats that haven t been spayed ReuteFed. which afe FRGFe than six Fnenths of age. they aFe rAAqk1eFPF1 A bFePFIPF. A bFeedeF must be aBOF810matel- Formatted: Font: Italic, Strikethrough Formatted: Strikethrough 39A **Cat�nsany maleorfemaleofthegenusFeline------------------------------------------------------------------- Formatted: Font: Italic * mmerciol Breeder means an person who during• an 12-month Period,maintains five or more adult ....... Formatted: Font: Italic --- - - -- --- - female does rim for the oary purpose of the sale of their offspring as companion animals. A commercial breeder must be appropriatel • licensed from the required authority and be in com liance with the Federal Animal Welfare Act and NCGS Chapter 19A. *.Commercial Breeding Operation means the physical location or facility at which a commercial breeder_--------- -- Formatted: Font: Italic breeds or maintains adult female does and the offsarine. This does not include those kennels or establishments operated primarily for the purpose of boarding or training hunting sporting herding assistance or guide doss. A commercial breeder operation must be appropriately licensed from the re uired authority and be in com liance with the Federal Animal Welfare Ad and NCGS Chapter 19A. Creaked: 2024-00-07 12:50:23 [EST] (Supp. No. 14, Update 1) Page 3 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 3 Competent person means a person of suitable age and discretion so as to keep the animal under sufficient restraint and control in order to prevent harm to person and property. ,Qonoerous dog means a doa that without pro -vocation -has killed or inflicted severe iniury on a person_ or is____ Formatted: Font: Italic d_ etermined by the person or Board designated by the County authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed under Potentially Dangerous Dog. �7ealer means any person who sells, exchange�sor donates. or offers to sell, exchange. or donate animals to _----Formatted: Font: Italic , �.R _ _- another dealer net shop or research facili[v: provided, however that an individual who breeds and raises on his `- own Premises no more than the offspring of five canines or felines females per year, unless bred and raised specifically for research purposes shall not be considered a dealer. A dealer must be apgropriately licensed through the required authoriry and be in compliance with the Federal Animal Welfare Act and NCGS Chapter 19A. Dog means any male or female member of the genus Canis. Dog shelter means an area sufficient in size to contain a constrained dog in a normal sitting, standing, and sleeping position. The area must have sides and a leakproof roof to give protection from the elements. The ground, base or foundation on which the dog must stand or rest must be well drained and not subject to flooding or continuously wet or muddy conditions. Exposed to rabies means that an animal has been bitten by or otherwise come into contact with any animal known or suspected to have been infected with rabies. J.uthon means the humane destruction of an animal accomplished by a method that involved rapid ---{ Formatted: Font: Italic unconsciousness and immediate death or by a method that involves anesthesia roduced bY. an agent which causes painless ainless loss of consciousness and death during such loss of consciousness. lfobby breeder means any person who during any 12 _month period, has an animal thatgives birth to more -------- than one litter of cats or dogs. If aperson has more than four dogs or cats that have not been spayed or neutered which are more than six months of age, they are considered a breeder. A hobby breeder must be appropriatel licensed by the required authority and be in compliance with the Federal Animal Welfare Act and NCG5 Chapter 19A------------ --a - fe : �y Formatted: Font: Italic Formatted: Strikethrough -J69nnel Fneans -.-_-- hauseheld, eF entity that ewns, keeps,,9FFormatted:Strikethrough ealendaF yeaF. Neutered male means any male which has been surgically altered to prevent reproduction. Outside enclosure means a pen large enough to provide each dog less than 25 pounds with a kennel of at least eight feet b�ten feet in size, and each dog 25 pounds or greater with a kennel of ten feet x-_by feet in size. Animal ervices reserves the right to determine if a space is considered suitable for the number and size of dogs housed in an outdoor enclosure. - = = = Formatted: Strikethrough any animal. .... The9wReF s. sable tn. the ea Fe aeto .ns And hpha d.si has Animals Owner means any[ person or I al entitythat has a essesso ro er right in an animal. A possessoryinterest includes but is not limited to -------' Formatted: Font: Italic owning, keepine having charge of sheltering, feeding harborinlL or taking care ofany animal. The owner is responsible for the care, actions, and behavior of his animals. (Supp. No. 14, Update 1) Created: 2e24-08-07 12:50:24 [EST] Page 4 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 4 A-�s -real ro ert -means an real property l owned or leased b owner the or of the-animal---but-does-- not ---------- I Formatted: Font: Italic --er ---------------------------------- - ----- - -------------- include any Public right -of way or a common area of a condominium, apartment comalex. or town house development. `P etsho means a person or tablishment that acquires for ur oses of resale animals bred b o hers .......... -- Formatted: Font: Italic — — where, as owner, ag nt. or onconsignment. and that sells, trades. or offers to sell or trade such animals to the general oublic at retail or wholesale. A pet shop must be appropriately licensed by the reQuired authoritV, and be in compliance with the Federal Animal Welfare Act and NCGS Chapter 19A. ,otentiolh-donrcerous doo means a dog that the person or Board -designated by the County authority ------------ --� Formatted: Font: Italic res onsible for animal control determines to have: al Inflicted a bit on a person that resulted in broken bones or disfif,'uring lacerations or re uired cosmetic surxery or hospitalization: or bl Killed or inflicted server injury upon m is animal when not on the owner's real propertya or c Approached a person when not on the owner's real property in a vicious or terrorizinit manner in an -------rbcm.. Formatted: Numbered + Level: 1 + Numbering Style: a, apparent attitude of attack. +Start at: 1 +alignment: Left +Aligned at: 0.5" Public nuisance means: ent at: 0.75" (11 )—A public nuisance is that which annoys and disturbs rights and privileges common to the public or - to all the people of the community, rendering their ordinary use or occupation of their property physically uncomfortable to them, or constituting a health hazard to any person. j21 Nuisance is also defined in Art III, Sec 23-71 of NHC Municode as any person doing an unlawful act, or omjttjn toperform a duty, or suffering or permitting any condition or thing to be or exist, which at omission, condition or things eitherIll injures or endangers the health or safety of others: or (21 in any wav renders other persons insecure in life of the use of property, or produces unreasonable, unwarrantable or material annQVance, discomfort or hurt to other versons. M(-24Enumerated in this definition, by way of example, and not limited to, certain types of animals, are actions involving animals, or conditions maintained or permitted by the animals' owners or possessors which shall constitute prima facie evidence of a public nuisance, whether such animals are located or such acts are committed on or off the owner's or possessors' premises: a. Any animal which is found at large off the premises of its owner and not under the restraint of a competent person. b. Any animal which damages the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers or vegetables. C. Any animal which is a vicious animal. d. Maintaining animals in an environment of unsanitary condition is in violation of section 5-15. e. Any act which by virtue of number or type and location is offensive or dangerous to the public health, safety or welfare. f. Any animal which barks, whines, or howls in an excessive, continuous, or untimely manner. g. Any animal which is diseased and/or dangerous to the public health. h. Any animal which habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, bicycles or vehicles, and is not in an enclosure or under restraint. i. Failure to confine a female dog or cat while in heat in such a manner that she will not be in contact with another dog or cat, nor create a nuisance; but this section shall not be construed to Cre t.d: 2e24-08-07 12:50:24 [EST] (Supp. No. 14, Update 1) Page 5 of 21 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.65" Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 5 prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal which is being bred. Rabbit shelter means an area sufficient in size to contain a constrained rabbit in a normal sitting, turning and stretching position. The shelter must be structurally sound, provide protection from predators and adverse environments, and be easily sanitized. The roof must have enough overhang to protect the rabbit from rain. Restraint means the state of a dog if it is controlled by means of an attended leash, or is on or within a vehicle being driven or parked, or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful dog functions; e.g., dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those legal endeavors. A dog shall be maintained securely on the property of its owner. Ropes, chains, and the like are prohibited for any purpose under this Cehapter. Secure enclosure means a padlocked pen, with a concrete bottom and a secured top and/or a locked home or locked outbuilding with a concrete bottom. Spayed female means any female which has been surgically altered to prevent conception. Stray animal means any animal within the ;county wandering at large -unleashed,-or -lost--and—-which----does not --- -------------------------------- have an owner, or does not bear evidence of the identification of any owner, or any dog or cat within the CCounty _- whose owner, if determinable, has failed to pay for and procure County license/rabies vaccination tag._ -------- Unaltered animal means any unspayed female or unneutered male animal. Vicious animal means any animal that has made an unprovoked attack on a human by biting or in any manner causing injury or the reasonable likelihood of injury or one who habitually or repeatedly attacks farm stock, livestock,domestic exotic or other pets. (Code 1978, § 3-4; Ord. of 5-15-2006, §§ 3, 4; Ord. of 4-2-2007; Ord. of 9-22-2008; Ord. of 12-20-2010, § 10; Ord. of 3-12-2012) Cross reference(s)—Definitions generally, § 1-2. State law reference(s)—Animal welfare act, G.S. 19A-20 et seq,Dom s. G.S. Chapter 67. Sec. 5-5. Rabies vaccination and CQounty pet registration. (a) Every person who is responsible for any puppy, kitten, or ferret shall have such puppy, kitten, or ferret vaccinated against rabies and registered as provided in this section on or before when the puppy, kitten, or ferret reaches four months of age, but no earlier than three months of age. (b) Every dog, cat, and ferret shall be vaccinated as indicated by the Sstate and the Ceounty. No dog, cat, or ferret shall be exempted from this section due to advanced age. Formatted: Font color. Red, Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough (c) The support services division commander shall issue numbered rabies tags for distribution to veterinarians to accomplish the vaccination -registration program described in this Cchapter. Rabies certificates issued to pet owners in New Hanover County shall note if the pet owner paid a 'county pet registration for their pet. - Formatted: Strikethrough There also shall be a statement indicating that the Ceounty requires all dogs, cats and ferrets four months or older to pay an annual Ceounty registration fee. This information shall either be programmed into the veterinary hospital's computer program or stamped on the certificate by the hospital. Such stamp shall be provided by Aanimal Sservices. (d) The Bboard of Ceounty Ccommissioners shall establish a preset fee for each combined set comprising a vaccination -registration certificate and a tag. This fee shall be in addition to the amount the veterinarian may charge for their supplies and services in vaccinating a dog, cat, or ferret. (Supp. No. 14, Update 1) Created: 2024-02-07 12:50:24 [EST] Page 6 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 6 (e) No veterinarian practicing in the Ceounty shall vaccinate a dog, cat, or ferret without complying with the regulation requirements of this section. Each veterinarian who agrees to act as an agent of the Ceounty to collect the pet registration fees will be provided rabies tags from the support services division commander. Veterinarians who choose not to collect the registration fees shall be responsible for providing their own rabies tags. (f) Each veterinarian shall pay the fee to the support services division commander for each set of certificates and tags as established by the Cpounty_board of health by the tenth day of the following month. Formatted: Strikethrough (g) When vaccinating any dog, cat, or ferret, a veterinarian shall completely fill out in triplicate copies of the rabies certificate with the information required by the support services division commander. The veterinarian shall immediately provide one copy to the person responsible for the dog, cat, or ferret and who is presenting the dog, cat, or ferret for vaccination -registering and present another copy to the support services division commander by the tenth day of the following month. The remaining copy of the certificate shall be retained by the veterinarian performing the vaccination. (h) The copy of the certificate given to a person responsible for the dog, cat, or ferret shall be retained by that person and be available for inspection by the support services division commander or an authorized representative or any law enforcement officer. (i) At the time of vaccination of any dog, cat, or ferret, the veterinarian shall deliver the tag to the person responsible for the dog, cat, or ferret. It is the responsibility of every person responsible for a dog, cat, or ferret to attach the tag to the collar or harness of the vaccinated dog, cat, or ferret and determine that such collar or harness is worn by that dog, cat, or ferret at all times when the dog, cat, or ferret is outside the residence of a person responsible for the dog, cat, or ferret. Any dog, cat, or ferret found without a tag may be deemed to be not vaccinated under this Cehapter. (1) A veterinarian shall be reimbursed and paid the fee for each certificate and tag by the person responsible for the dog, cat, or ferret being vaccinated and registered, and payment may be retained by the veterinarian in addition to the veterinarian's fee for vaccinating the animal. (k) The first vaccination of a dog, cat, or ferret shall be valid for one year from the date of vaccination. The second vaccination for dogs or cats shall be valid for three years from the date of the second vaccination. Ferrets require annual rabies vaccinations. The support services division commander shall be responsible for notifying the person responsible for the vaccination of any dog, cat, or ferret that his dog, cat, or ferret needs to be vaccinated again. (1) Dog, cat, or ferret registrations shall be valid for one year from the date of the vaccination and shall be renewed annually during the same month. The support services division commander shall mail out a registration renewal notice to each dog, cat, and ferret owner registered with animal the month before their dog, cat or ferret registration expires. (m) It shall be the responsibility of the person responsible for the dog, cat, or ferret to have the dog, cat, or ferret vaccinated -registered on time. (n) A dog, cat, or ferret brought into the Ceounty which has been vaccinated in accordance with the requirements of the Sstate pursuant to G.S. 130A-193, shall be registered in the Ceounty within 30 days of initial entry into the Ccounty. All other dogs, cats, or ferrets brought into the Ceounty shall be vaccinated and registered immediately. This registration shall be accomplished in either of the following ways: (1) A person responsible for the dog, cat, or ferret may have the animal vaccinated under the procedure previously described in this section. (2) A person responsible for the dog, cat, or ferret may present a valid rabies vaccination certificate from a veterinarian licensed by a state of the United States (regardless of whether that veterinarian has been licensed in the Sstate) to a veterinarian which registers dogs, cats and ferrets for the Ceounty or to the C... ted: 2024-M-07 12:50:24 [EST] (Supp. No. 14, Update 1) Page 7 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 7 support services division commander or his authorized representative at Aanimal services. Upon presentation of such a document, the person responsible for the dog, cat, or ferret shall be issued a receipt verifying registration to expire no later than the period the anti -rabies is effective, upon payment of the registration fee established by the Bboard of Ceounty Ceommissioners. (o) [Reserved.] (p) The support services division commander or his authorized representative or any police officer who discovers that a person responsible for a dog, cat, or ferret does not have valid proof of rabies vaccination shall cause the person who owns, redeems or adopts a dog, cat, or ferret to vaccinate such dog, cat, or ferret within 72 hours. If the rabies vaccination is administered within the 72 hours, the citation shall be void. Individuals who fail to vaccinate their dog, cat, or ferret within the 72 hours shall be issued additional anetheF_citations. It is the owner's responsibility to notify Aanimal Sservices that the rabies vaccination has been administered or pay the fine. (q) The support services division commander or his authorized representative or any law enforcement officer who discovers that a person responsible for a dog, cat, or ferret does not have valid proof of a current County pet registration shall issue that person a citation for failure to purchase a Ceounty pet registration Formatted: Strikethrough and cause the person who owns, redeems or adopts a dog, cat, or ferret to purchase such dog, cat, or ferret a County pet registration within 72 hours. Individuals who fail to purchase the Ceounty pet registration Formatted: Strikethrough _.. within 72 hours shall be issued additional anetheF_citations for failure to purchase the required registration. It is the owner's responsibility to submit to Aanimal Sservices proof of purchase. County pet registration citations shall not be void. No Ceounty registration shall be sold without proof of a current rabies vaccination. (r) In addition to all other penalties prescribed by law, a dog, cat, or ferret is subject to impoundment in accordance with the provisions of this Cehapter if the dog, cat, or ferret is found not wearing a currently valid dog, cat, or ferret vaccination -registration tag. (s) It shall be unlawful for any person to use for any dog, cat, or ferret a vaccination -registration tag issued to any other dog, cat, or ferret. (t) Any operator of a kennel/cattery or owner or keeper of a pack of dogs or cats, in lieu of paying the registration fee for individual dogs or cats as provided, may pay the current fee schedule adopted by the Ceounty Bboard of Hhealth for a kennel/cattery. Specialty pet registrations shall be purchased at Aanimal Sservices, and a valid vaccination certificate shall be presented before each animal is registered. (Code 1978, § 3-5; Ord. of 12-20-2010, § 11; Ord. of 3-12-2012) State law reference(s)—Rabies vaccination certificates, G.S. 130A-189; vaccination and confinement of dogs and cats brought into the Sstate, G.S. 130A-193; Ceounty rabies vaccination clinics, G.S. 130A-187; fee for vaccination at Ceounty rabies vaccination clinics, G.S. 130A-188; authority to impose an annual license tax on dogs and other pets, G.S. 153A-153; dogs and cats not wearing required rabies vaccination tags, G.S. 130A- 192.; G.S. 130A-185 et seq. Sec. 5-6. Keeping stray animals. It shall be unlawful for any person in the ounty to knowingly and intentionally harbor, feed, keep in possession by confinement, or otherwise, any stray animal which does not belong to him, unless he has, within 24 hours from the time such animal came into his possession, notified nimal Sservices of his intentions to either surrender the stray animal to_vanimal Sservices or advertise such stray animal in the local newspaper that has an online or hard L . resence. -with the most circulations of five consecutive days. If the individual holding the stray animal selects to advertise the animal and the prior owner does not respond by the tenth day, the individual who has advertised shall be deemed the legal owner. If the advertisement has not started within 72 hours, Created: 2024-08-07 12:50:24 [EST] (Supp. No. 14, Update 1) Page 8 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 8 Aanimal Sservices requires that the animal be surrendered to an authorized representative of Aanimal Sservices. It shall be unlawful for any person to refuse to surrender any such stray animal. (Code 1978, § 3-6; Ord. of 3-12-2012) Sec. 5-7. Rabies vaccination and control. (a) Vaccination required. Should it be deemed necessary by the Ceounty Hhealth Ddirector, the Bboard of Ceounty gommissioners or the Sstate public health veterinarian that other animals be vaccinated in order to prevent or control an epidemic, a potential epidemic, an existing epidemic or other communicable conditions dangerous to or threatening the health or welfare of persons or animals in the Ccounty, it shall be unlawful for an owner to fail to provide current, necessary inoculations as directed against rabies or other communicable diseases or conditions. (b) Bite cases; duty to report. Every dog, cat, or ferret which has bitten anyone or which shows symptoms of rabies shall be confined immediately and shall be reported immediately to Aanimal Sservices by its owners or persons having charge of the animal. Health care providers, hospitals, and veterinarians are required to notify local health jurisdictions of animal bites to humans. The purpose of reporting is to assure appropriate rabies prevention measures are initiated after a bite, including observation of healthy dogs, cats, and ferrets; laboratory testing of wild animals; wound care and appropriate rabies post -exposure prophylaxis (PEP). Thereupon, the animal shall be securely quarantined at the direction of the support services division commander for a period of not less than ten days and shall not be released from such quarantine except by written permission from the support services division commander. If the dog, cat, or ferret becomes sick during the ten-day period, the dog, cat, or ferret shall be examined by a licensed veterinarian at the expense of the owner. The biting animal, and its record of vaccination and registration, if any, shall be inspected by an Aanimal Sservices officer, who shall observe the following procedure: (1) A properly vaccinated and licensed animal may be securely quarantined and confined on the owner's premises if an Aanimal Sservices officer determines that the owner has an adequate means of confinement and quarantine upon his own premises, that the animal is being properly and adequately confined and quarantined on the owner's premises, and the animal is subject to observation by Aanimal Sservices at any time during the ten-day quarantine period. The owner has 72 hours to present to the officer proof of vaccination and license. If valid proof is not presented within 72 hours, the Aanimal Sservices officer shall seize the animal and confine it at a veterinary hospital, in a kennel approved by Aanimal Sservices at the expense of the owner to complete the quarantine or confinement period. The animal shall not be vaccinated prior to or during quarantine and confinement. (2) Any animal not properly vaccinated or licensed shall immediately be quarantined and confined in a veterinary hospital, in a kennel approved by Aanimal Sservices at the expense of the owner for the ten- day quarantine period. The animal shall not be vaccinated prior to or during quarantine and confinement. (3) Any stray animal shall immediately be quarantined and confined in the Ceounty Aanimal Sshelter for a ten-day period, or sacrificed, and the head examined for rabies. (c) Surrender for quarantine required on demand. Except as provided in subsection (b) of this section, it shall be unlawful for the owner to refuse to release upon demand, after an investigation by Aanimal S-services any animal which has bitten a human or other warm-blooded animal for the purpose of quarantine, the expense of which shall be borne by the owner. If rabies does not develop within ten days, the animal may be reclaimed upon payment of the current fee schedule adopted by the Bboard of Hhealth and upon compliance with other provisions of this chapter. created: 2024-08-07 12:50:24 [EST) (Supp. No. 14, Update 1) Page 9 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 9 (d) Rabies diagnosed. If any animal dies while under observation for rabies, that animal's head shall be submitted to the Ceounty Hhealth Ddepartment and the -state Liaboratory of hygiene for analysis. (e) Emergency quarantine and procedure. (1) When reports indicate a positive diagnosis of rabies, the Ceounty Ddirector of Pyublic Hhealth shall order an areawide quarantine for such period as deemed necessary; and upon the invoking of such emergency quarantine by the Hhealth Ddirector, no animal capable of contracting rabies shall be at large or not strictly restrained during such period except for treatment at the office of a licensed veterinarian. During such quarantine, no animal may be taken or shipped from the CQeounty without written permission of the Hhealth Ddirector, and each member of Aanimal Sservices, police and sSheriff's ffice akae c_is fully authorized during such emergency to impound or follow the .---- - ---.. procedures in G.S. 130A-195 in handling any animal found running at large in the Ceounty. (2) During the quarantine period, the Hhealth Ddirector shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency rabies vaccination clinics strategically located throughout the Ceounty. No animal which has been impounded by reason of its being a stray, unclaimed by its owner, shall be allowed to be adopted from the animal shelter during the period of emergency rabies quarantine except by special authorization of the Ceounty Hhealth Ddirector. 1 Formatted: Strikethrough _.. Formatted: Strikethrough J (f) Destruction of animals bitten by rabid animal. Animals without a current rabies vaccination that are bitten by a known rabid animal shall be immediately destroyed unless the owner agrees to strict isolation of the animal at the animal shelter or at a veterinary hospital for a period of six months; or if the animal has a current rabies inoculation, it shall be revaccinated immediately. Any currently rabies vaccinated animal that is not revaccinated within five days of exposure shall be handled as an unvaccinated animal. (g) Extension of quarantine. If there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended at the discretion of the Ceounty Hhealth Ddirector. (h) Killing or releasing animals under observation prohibited; penalty. It shall be unlawful for any person to kill or release any animal under observation or quarantine for rabies, any animal suspected or having been exposed to rabies, or any animal having bitten a human or other warm-blooded animal, or to remove such animal from the Ceounty without written permission from the Ccounty Hhealth Ddirector. Any violation of this section shall be subject to those penalties prescribed by S5ection 5-23. (i) Surrender of carcass for examinations. The carcass of any dead animal exposed to rabies shall be surrendered to the Aanimal Sservices division. The head of such animal shall be submitted to the Ceounty Health Formatted: Strikethrough ------------- DVepartment and the state laboratory of hygiene for analysis. _ - Formatted: Strikethrough (j) Failure to surrender carcass prohibited. It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required in this section when demand is made by Aanimal Sservices Formatted: Strikethrough division. (Code 1978, § 3-7; Ord. of 12-20-2010, §§ 12-14; Ord. of 3-12-2012) State law reference(s)—Rabies quarantine, G.S. 130A-185 et seq., G.S. 130A-194 et seq.; confinement of all biting dogs and cats, G.S. 130A-196; confinement, G.S. 130A-198; infected dogs and cats to be destroyed, G.S. 130A-197; rabid animals to be destroyed, G.S. 130A-199. Sec. 5-8. Wearing of collar, tag and identification required. (a) Upon the owner's compliance with the rabies inoculation and registration provisions of this Cehapter, there shall be issued to the owner a numbered rabies vaccination tag, stamped with the number and the year for which the tag was issued. Created: 2024-08-07 12:S0:24 [EST] (Supp. No. 14, Update 1) Page 10 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 10 (b) It shall be unlawful for any dog or cat owner to fail to provide his dog or cat with a collar or harness to which a current Ceounty registration/rabies vaccination tag shall be securely attached. (c) A collar or harness with attached tag shall be worn at all times. A dog or cat shall be exempt from wearing the collar or harness when the dog or cat is confined to an enclosure on the owner's premises, or during the time the dog or cat is performing at shows, obedience trials, tracking tests, field trials, training schools or other events sanctioned and supervised by a recognized organization. Owners of dogs and cats not wearing a tag as required in this section may be prosecuted for violating this Cehapter, or the dog or cat may be impounded. (Code 1978, § 3-8; Ord. of 12-20-2010, §§ 15, 16) State law references) —Dogs and cats not wearing required rabies vaccination tags, G.S. 130A-192. Sec. 5-9. Dogs, cats, or ferrets running at large prohibited. (a) It shall be unlawful for any owner of a dog, cat, or ferret to allow it to run at large off the premises of its owner. (b) Upon an Aanimal Sservices Oefficer's observation of a dog, cat, or ferret running at large, or off the premises of its owner and not under the restraint of a competent person, the officer may, at his discretion, impound the dog, cat, or ferret or return it to its owner. (c) Upon an Aanimal Sservices u—ff[cer's receipt of a complaint that a dog, cat, or ferret is running at large or is off the premises of its owner and not under the restraint of a competent person, the officer shall investigate the complaint; and upon finding that there is probable cause that a violation has occurred, the officer may issue a citation or a warning or take any other action contained in this Cehapter or any Sstate law as the circumstances may require. (d) Any owner cited for a violation of this Cehapter may discharge the citation upon payment of the current fee schedule adopted by the Bboard Ceounty Ceommiss! oners. If the dog, cat, or ferret is impounded, the owner may redeem the dog, cat, or ferret under the provisions of section 5-17, provided the owner is in compliance with all other applicable provisions of this Chapter. If the owner is charged under a warrant, summons, or bill of indictment and convicted, the provisions of section 5-23 shall apply. (Code 1978, § 3-7; Ord. of 12-20-2010, § 7; Ord. of 3-12-2012) Cross reference(s)—Public nuisance for other at large animals, § 5-32 Sec. 5-10. Vicious animals. It shall be unlawful for any person to keep any vicious, dangerous, or fierce animal within the Ceounty unless the animal is confined within a secure building or secure enclosure, or unless the animal is securely muzzled and under restraint by a competent person who, by means of a leash which is nc more than six feet in len th from handle to clasp and in hand, has such animal totally under control at all times. The Health Director shall make this determination. (Code 1978, § 3-10) Cross reference(s)—Environment, ch. 23. State law reference(s)—Precautions against attacks by dangerous dogs, G.S. 67-4.2 et seq.; possession of dangerous animals, G.S. 153A-131. (Supp. No. 14, Update 1) Create E: 2e24-M-07 12:50:24 [EST] Page 11 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 11 Sec. 5-11. Barking dogs. It shall be unlawful for any dog owner to keep or have a dog that habitually or repeatedly barks in such a manner or to such an extent that it is a public nuisance. (Code 1978, § 3-11) Sec. 5-12. Teasing and molesting. It shall be unlawful for any person to maliciously tease, molest, bait or in any way bother any animal. (Code 1978, § 3-12) State law reference(s)—Authority to prohibit the abuse of animals, G.S. 153A-127. Sec. 5-13. Injuring animals; notice required. It shall be unlawful for any person injuring a dog or cat, or other domestic animal by running over or into a dog or cat, or coming into contact with a dog or cat, with an automobile, motorcycle, bicycle or other vehicle, to fail to immediately notify the owner of the animal, Aanimal Sservices, or the police department if in a city or the Ssheriff's Office depa-aw--PA_if in the Ceounty. (Code 1978, § 3-13; Ord. of 3-12-2012) Sec. 5-14. Health and welfare. It shall be unlawful for any person to molest, torture, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health or general welfare any animal or to cause or procure such action. The term "torture," "torment" or "cruelty" shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful shooting of birds, deer and other game for human food, nor to prohibit Aanimal Sservices or its agents or the humane society or veterinarians from destroying dangerous, unwanted, sickly or injured animals in a humane manner - (Code 1978, § 3-14) State law reference(s)—Animal welfare act, G.S. 19A-20 et seq. Sec. 5-15. Manner of keeping and treating animals generally. It shall be unlawful for any person to keep animals under unsanitary or inhumane conditions, or to fail to provide proper food and water at all times, shelter from the weather, reasonably clean quarters and proper medical attention for sick, diseased or injured animals as defined in G.S. 19A-23, as well as adequate inoculation against disease, according to the species of the animal kept. (Code 1978, § 3-15) State law reference(s)—Definitions of animal welfare act, G.S. 19A-23; penalty for failure to adequately care for animals, G.S. 19A-35. Created: 2024-08-07 12:50:24 [EST] (Supp. No. 14, Update 1) Page 12 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 12 Sec. 5-16. Impounding animals. (a) Authorized. Any animal which is lost, strayed or unwanted or any dog, cat, or ferret which is found not wearing a currently valid CEounty registration/rabies vaccination tag, as required by Sstate law or this Cehapter, or any dog, cat, or ferret found being treated inhumanely, shall be confined at Aanimal Sservices in a humane manner for a period of five business days for redemption by the owner or otherwise disposed of as provided in this section. (b) Release, sale, destruction. If an impounded animal is not redeemed by the owner within the time allowed for redemption, it may be offered for adoption to any responsible individual who is willing to comply with this Cehapter; and when such animal is offered for adoption, it shall be to the first person paying for it as provided in this Aarticle. The support services division commander may take a person's association with the prior owner into consideration when determined if he or she is sufficiently responsible to adopt. Animals not redeemed within the required holding period after being taken into custody may be destroyed by Aanimal Sservices in a humane manner as recommended by the American Veterinary Medical Association, or may be made available to officially approved and recognized medical schools or research institutions, or for use by a local veterinarian as a blood donor or for a study of local animal diseases. If the animal is made available for study of local animal diseases, blood samples shall be taken at Aanimal Sservices; then the animal will be euthanized at Aanimal Sservices. If the animal is made available for research, the animal must be euthanized at Aanimal Sservices. (c) Notifying owner. Immediately upon impounding an animal, Aanimal Sservices shall make reasonable efforts to notify the owner and inform such owner of the conditions whereby the animal may be redeemed. (d) Suspected rabies. Animals impounded which have been bitten or are suspected of having been bitten by a rabid animal or appear to be suffering from rabies shall not be released but shall be treated in accordance with the provision in section 5-7. (e) Unwanted, diseased or injured animals. If an animal is officially surrendered by the owner to Aanimal Sservices, it becomes property of the Ceounty and may be adopted or destroyed in a humane manner immediately. (f) Other diseased or injured animals. Any animal impounded which is badly wounded or diseased and has no identification shall be destroyed immediately in a humane manner. If the animal has identification, Aanimal Sservices shall attempt to notify the owner before disposing of such animal; but if the owner cannot be reached readily, and the animal is suffering, Aanimal Sservices may destroy the animal in a humane manner within its discretion. (g) Provision for animals, Aanimal Sservices cannot care for. Animal Sservices is authorized to obtain suitable board, maintenance and care for any impounded animal, from any available source, when Aanimal Sservices is not equipped to provide care. The owner of any animal impounded and provided care under this section may redeem the animal within five business days upon the payment of all costs of maintenance, transportation and care in addition to the regular redemption fees provided in section 5-17. If not redeemed, the animal may be sold for fair market value and report of the sale duly reported to CC ounty finance. (h) Animals impounded pursuant to judicial process or administrative seizure. Should Aanimal Sservices take possession of any animals pursuant to a judicial order, warrant or administrative seizure, or other authorized action, by any law enforcement officer or Aanimal Sservices Oefficer, the animal shall be confined at Aanimal Sservices or another appropriate facility designated by the support services division commander for a period of five business days. Prior to the end of the fifth business day of the holding period, the owner must remove the animal to a site acceptable to the support services Ddivision Ceommander with a maintenance agreement acceptable to the Ddirector, pending resolution of any pertinent judicial proceeding. Any animals not removed in accord with the manner and time specified in this subsection shall be deemed abandoned. (Supp. No. 14, Update 1) Created: 2024-M-07 12:50:24 [EST] Page 13 of 21 Formatted: Strikethrough Formatted: Strikethrough Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 13 Any such abandoned animal shall become the sole property of the Ceounty and may be offered for adoption, destroyed or otherwise disposed at the Ceounty's election. Any and all incurred costs, expenses and fees for maintenance, transportation and care, whether within or outside the Ceounty, shall be the duty and liability of the owner whose animal was impounded under this section. Should a Ceourt Oerder any injunctive relief permitting the subject animal to remain within the Ceounty at the Aanimal Sservices facility or at some other facility within the Ceounty acceptable to the support services Ddivision Ceommander, the owner must pay all costs, expenses and fees for maintenance and care on a weekly basis, in advance of the weekly term. Should such costs, expenses and fees not be paid within two working days of their being due, the animal shall be deemed abandoned and shall become the sole property of the Ceounty. (Code 1978, § 3-16; Ord. of 12-20-2010, § 18; Ord. of 3-12-2012) State law references) —Care of seized animals, G.S. 19A-47; Animal welfare act.-G.S. 19A-20 et sey- Sec. 5-17. Redemption procedure for impounded animals. (a) When any animal has been impounded at Aanimal Sservices, notice of such impoundment shall be given to the owner; or if the owner is unknown, notice shall be posted on the Sheriff's Office website for three 3 business days; or if the animal has a valid Ceounty license/rabies vaccination tag, it shall be posted on the Formatted: Strikethrough Sheriff's Office website for fivej5) business days or until disposal of the animal. The notice shall be posted on the animal's pen at Aanimal Sservices and shall indicate the time and place of taking the animal and the time and date of posting the notice. The time for redemption of the animal shall not begin to run until such notice has been given or posted on the Sheriff's Office website: (b) The owner shall be entitled to resume possession of his animal, except as already provided for certain animals, upon compliance with the provisions of this Cehapter and upon payment of the current fee schedule adopted by the Bboard of Ceounty Ceommissioners. (c) If two or more violations occur within one year, the owner redemption fee shall be paid according to the current fee schedule adopted by the Bboard of Ceounty Ceommissioners. In addition to other fees set out in this section, a boarding fee at the rate according to the current fee schedule adopted by the Bboard of Ceounty Ceommissioners shall be paid before animals may be redeemed. (Code 1978, § 3-17; Ord. of 3-12-2012) Sec. 5-18. Exemptions. Veterinary hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this hapter except for sections 5-5, 5-14 and 5-15. (Code 1978, § 3-18) Sec. 5-19. Interference. It shall be unlawful and a violation of this hapter for any person to release any animal from a trap or cage, or carry away, interfere with or damage any trap or cage set out or placed by 4animal Sservices. (Code 1978, § 3-19; Ord. of 3-12-2012) Created: 2024-06-07 12:50:24 [EST] (Supp. No. 14, Update 1) Page 14 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 14 Sec. 5-20. Collection of dogs and cats for resale prohibited. It shall be unlawful for any person to collect any dog or cat within the ounty for the purpose of resale. This shall include, but is not limited to, home solicitations or the setting of traps on any land within the aunty for the purpose of reselling these animals. (Code 1978, § 3-20) Sec. 5-21. Creation of trust fund, acceptance, investment, use and expenditure of gifts, grants and award to nimal ervices. (a) The Aanimal ervices trust fund account may accept and disburse gifts, grants and awards made to nimal Sservices. (b) The trust fund account is to be self-perpetuating from year to year unless abolished by the Bk oard of Ceounty I ommissioners. (c) The trust fund shall be for the use of nimal Sservices capital outlays, spay/neuter programs with local veterinary hospitals, pet parks and programs to increase pet adoption. (d) Gifts, grants and awards received from public and private donors shall be deposited in the nimal ervices trust fund account created in this ection and shall at all times be kept separate and apart from the general funds of such that they will ensure to the use and benefit of nimal _ ervices. (e) Gifts, grants and awards not immediately used shall be invested in accordance with the Ceounty's investment policy. (f) Funds not expended at the close of the fiscal year shall be carried forward into the next year. (g) Gifts, grants and awards to the trust fund account shall be received by Hanimal y ervices and delivered to the finance office, who shall deposit them as determined by subsection (d) of this section. These gifts, grants and awards shall be expended by the inance irector only upon receipt of a resolution duly adopted by the county manager. (h) Any gifts, grants or awards received subject to a condition shall be expended strictly in accordance with such condition. (Code 1978, § 3-21; Ord. of 12-20-2010, § 19; Ord. of 3-12-2012) Sec. 5-22. Records. It shall be the duty of 4animal Sservices to keep or cause to be kept accurate and detailed records of: (1) Impoundment and disposition of all animals coming into aanimal Sservices. (2) Bite cases, violations and complaint investigations. (3) All moneys belonging to the ounty which were derived from impoundment fees, penalties and adoptions of animals. (4) All other records deemed necessary by the CCcounty rvirtranager-atute. (Code 1978, § 3-22) (Supp. No. 14, Update 1) Created: 2024-00-07 12:5e:24 [EST] Page 15 of 21 Formatted: Strikethrough j Formatted: Strikethrough Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 15 Sec. 5-23. Violations; misdemeanor. (a) Pursuant to Sstate law, it is a Celass 3 misdemeanor punishable by a fine not to exceed $500.00 to violate any provisions of this Cehapter unless otherwise provided herein. (b) In addition to and/or in lieu of the criminal sanctions imposed pursuant to subsection (a) of this section, the Ceounty may issue civil citations, in such amounts as established by the Blaoard of Ccounty CEommissioners, in Section 5-34 for any violation of this hapter. Each separate violation under this Cehapter shall constitute a distinct offense under this Cehapter. These civil citation penalties may be recovered by the !�f-ounty in a Formatted: Strikethrough civil action in the nature of debt if the offender does not pay the penalty after being cited as set forth in section 1-6. (Code 1978, § 3-23; Ord. of 3-12-2012) Sec. 5-24. Jurisdiction. This Cehapter shall be effective within the corporate limits and extraterritorial jurisdiction of any municipality within the Ceounty which shall so agree by appropriate resolution. (Code 1978, § 3-24) Sec. 5-25. Dogs aFebibited on Mason Inlet Beach and public riparian property arie�• ain times, •'^�es, Formatted: Strikethrough plaGe5, Formatted: Strikethrough I, „(ful for the owner of a dox to allow the animal to be off the premises of his owner and not on a leash- or running at IarF.e- within any aortions of the unincorfrorated County situated on Wrightsville Beach Island north of the town boundary line or on public ripariar No person shall allow a dog on the public beach of the Atlantic Ocean or other public riparian property within any portion of the unincorporated Ceounty situated on Wrightsville Beach Island north of the town boundary lines, whether on a leash or not, at any time between the dates of April 1 and September 30 of each year. This section shall only be enforced as a civil citation in an amount established by the New Hanover County Board of Commissioners in Section 5-35. Each separate violation shall constitute a distinct incident. These civil citation penalties may be recovered in a civil action in the nature of a debt or income tax set-off. No misdemeanor or any other criminal sanction shall be incurred for violation of this I-et+ee Section. . _-_ ..--- Formatted: Strikethrough (Ord. of 2-4-2002, § 1; Ord. of 6-16-2014, § 1) Formatted: Strikethrough J Created: 2024-08-07 12:50:24 [EST] (Supp. No. 14, Update 1) Page 16 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 16 Sec. 5-27. Proof of sterilization of animals adopted in New Hanover County. Any group, organization, or entity offering animals for adoption in New Hanover County must provide proof of sterilization for every animal prior to adoption. (Ord. of 5-15-2006, § 5) Sec. 5-28. Permits for kennels. (a) No person may maintain a kennel not defined by the New Hanover County Orou....----within the County of New Hanover except in accordance with a permit issued pursuant to this Ssection. (b) Animal ervices shall issue the permit required by this Ssection. The permit application forms shall be promulgated by Aanimal Sservices pursuant to this Ssection. Before issuing the permit, Aanimal Sservices shall require proof that each of the following conditions has been met by the kennel operator: (1) Each dog kept or maintained in the kennel must be vaccinated for rabies and must be licensed as required by section 5-5; (2) Permits shall include the name, address, and telephone number of the owner/operators of the kennel, the address and physical location of the kennel, and the number of dogs over the age of six months being kept at the kennel as of January of the year for which the permit is issued; (3) If the dogs are to be kept or maintained in any kennel or enclosure other than the principal structure on the premises, whether on a temporary or permanent basis, said kennel or enclosure must satisfy the size and location criteria of Ssection 5-4; (4) The applicant or any other person associated with the operation of the kennel must not have been convicted or found liable for cruel or inhumane treatment of animals within the five years next preceding the date of the permit application; (5) There must be no violations of any health or sanitation codes or ordinance arising from or in connection with the handling or disposal of animal wastes involving the premises or any person associated with the operation of the kennel for the five years next preceding the date of the permit application; (6) If the applicant is not the owner of the premises proposed for the kennel operation, there must be written permission from the owner of the premises to engage in the operation of the kennel; (7) There must be no reported incidents of injurious or threatening behavior by dogs on the premises for the 12 months next preceding the date of the license or permit application. Any such reported incidents must be independently verified and confirmed in the records of the New Hanover Sheriff's Office, Wilmington Police Department, Animal Services Division of New Hanover County or any other law -enforcement agency; and (8) No more than one kennel permit may be issued for any premises within the Ceounty. For purposes of determining the number of dogs, all dogs on a single premises shall be included in the total. (c) When a permit is denied for any reason, Aanimal Sservices shall state the reason for the denial in writing and shall deliver the determination to the applicant personally or by registered or certified mail, return receipt requested. (d) Any kennel issued a permit pursuant to this Ssection shall be maintained in a clean and sanitary condition at all times: The portion of the premises occupied by the kennel shall be cleaned of Aeg feces and etheF animal waste at least once a day and saidleees and animal waste shall be properly disposed of. Failure to maintain a (Supp. No. 14, Update 1) Created: 2024-08-e7 12:50:24 [EST] Page 17 of 21 Formatted: Strikethrough Formatted: Strikethrough Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 17 kennel in accordance with this provision shall also result in the kennel and dogs being declared a public nuisance pursuant to Ssection 5-4 and shall subject the kennel operator to the abatement procedures and penalties set forth in this Cehapter. (e) The -eq •••eT ",.c thlif��pply te aH ken"� in apeFatien withiR the Qce "t. �_ the effeetl"e date Formatted: Strikethrough of this_Ssectien, as well as any established eF bF kenne_ I Mat aFe within he !`..eunt, en the a ffP.+•.... date of this es...-roeR shall .. • M.. deemed in elat:an uRt'I faeF hey tiave tieeR notified 19 of theFe9UirPFAPRtCnfhieeGtiRR RAGI 1... .. {..;led t ply fe (f) A permit issued in accordance with this ection maybe revoked by-Aanimal Sservices for any of the reasons enumerated under Ssubsection (b), above. Animal 5services shall state the reason for the revocation in Formatted: Strikethrough writing and shall deliver the determination of revocation to the permittee personally or by registered or certified mail, return receipt requested. (g) Any person who is denied a permit or whose permit is revoked pursuant to this Ssection shall have 30 days to comply with the requirements of this Ssection or to reduce the number of dogs on the premises to not more than four. (h) Any person who is denied a permit or who has a permit revoked may appeal the denial or revocation to the Ccounty Mrnanager or his designee by giving written notice of appeal to the Ccounty Mmanager within 30 days or after the receipt of the written determination. The Ccounty Mrrranager or his designee shall conduct a de novo hearing to determine if the permit should be denied or revoked. Any enforcement action shall be stayed pending determination of an appeal pursuant to this subsection. (Ord. of 9-22-2008; Ord. of 3-12-2012) Sec. 5-29. Permit, inspection and enforcement. (a) Complete applications shall be reviewed and approved or denied within 30 days of the date of submittal. Annual permits are valid from the time they are issued until the first day of the month of January of the next year after their issuance. The annual permit fee will be set by the Ccounty Bboard of Hhealth. Applicants that hold a license issued pursuant to the North Carolina Animal Welfare Act, shall have the fee for such license credited towards the licensing fee imposed by sections 5-28, and 5-29. The support services Ddivision Ceommander shall mail out a permit renewal notice to each kennel one month before their kennel permit expires. (b) Kennel permits shall be issued by Aanimal Sservices. (c) The application must be complete in order for Aanimal Sservices to accept and review the application. Prior to administrative approval, Aanimal Sservices may conduct a criminal background check of the applicant and property owner. (d) Within 30 days of submission of the application for a license or permit, minimal -�_ervices may conduct an inspection of the kennel. (e) Animal Sservices shall inspect kennels on an annual basis. The inspection must be during business hours. Notice is not required before an inspection. The inspection report must list separately each standard set forth in section 5-28 and must require Aanimal Sservices to document whether the facilities comply with each standard. (f) Upon failure by a kennel operator to grant access to Aanimal Sservices to perform the annual inspection or discovery of a violation of any provision of sections 5-28 and 5-29, Aanimal Sservices may revoke the permit Created: 2024-08-07 12:50:24 [EST] (Supp. No. 14, Update 1) Page 18 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 18 or require cure of set violations within 30 days. However, upon a finding of gross abuse or gross neglect, Aanimal Sservices shall immediately impound all animals found on the premises. (g) The support services Ddivision Ceommander, their authorized representative or any law enforcement officer who discovers that a person responsible for a kennel does not have valid proof of a current kennel permit shall issue that person a citation for failure to purchase a permit and cause the person to purchase such kennel permit within 72 hours. Individuals who fail to purchase the permit within 72 hours shall be issued another citation for failure to purchase the required permit. It is the kennel owner or operator's responsibility to submit to Aanimal Sservices proof of purchase. (h) All complaints concerning a kennel within the Ceounty shall be investigated and addressed by Aanimal Sservices. Notwithstanding subsection (f), if any person shall deny Aanimal Sservice admittance to his property, upon probable cause, Aanimal Sservice shall be entitled to secure from any judicial official with jurisdiction to issue warrants a court order granting such admittance. (i) Any person who violates any provision of sections 5-28 and 5-29 shall be deemed guilty of a misdemeanor and shall be punishable according to G.S. 14-4. Each day that a violation continues shall constitute a separate offense. The Ceounty may also initiate any applicable civil action, such as the seizure of animals and/or revocation of kennel permit. (l) The support services Ddivision Ceommander or their authorized representative may issue a citation for any violation of this article, which subjects the offender to a civil penalty in an amount approved by the Bboard of Hhealth. This penalty may be recovered by the Ceounty in the nature of a debt if the offender does not pay the penalty within 20 days of being cited. Each day of a continuing violation constitutes a separate offense under the article. These citations may be imposed in addition to any and all other available civil and criminal remedies and actions. (Ord. of 9-22-2008; Ord. of 3-12-2012) Sec. 5-30. Restraint (dogs tied out). A dog shall be maintained securely on the property of its owner. Ropes, chains and the like are prohibited for any purpose under this Cehapter. Exceptions to restraint are as follows: organized and lawful dog functions; e.g., dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those legal endeavors. (Ord. of 12-20-2010, § 20) Sec. 5-32. Outside enclosure. Dog owners are required to provide an outdoor pen meeting the following specifications: each dog less than 25 pounds must have a kennel of at least eight feet by* ten feet in size, and each dog 25 pounds or greater must have a kennel of ten feet byx ten feet in size. Animal Sservices reserves the right to determine if a space is considered suitable for the number and size of dogs housed in an outdoor enclosure. (Ord. of 12-20-2010, § 21; Ord. of 3-12-2012) Sec. 5-32. Public nuisance. The following are considered to be reasonable public nuisance complaints and therefore prohibited: (a) Any animal which is found at large off the premises of its owner and not under the restraint of a competent person (running at large dogs, cats, and ferrets section 5-9). (Supp. No. 14, Update 1) Created: 2024-08-07 12:5e:24 [EST] Page 19 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 19 (b) Any animal which damages the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers or vegetables. (c) Any animal which is a vicious animal (vicious dogs, section 5-10). (d) Maintaining animals in an environment of unsanitary condition is in violation of section 5-15. (e) Any act which by virtue of number or type and location is offensive or dangerous to the public health, safety or welfare. (f) Any animal which barks, whines or howls in an excessive, continuous or untimely manner. (g) Any animal which is diseased and/or dangerous to the public health. (h) Any animal which habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, bicycles or vehicles, and is not in an enclosure or under restraint. (i) Failure to confine a female dog or cat while in heat in such a manner that she will not be in contact with another dog or cat, nor create a nuisance; but this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal which is being bred. (Ord. of 12-20-2010, § 22) State law reference;s . =Animal welfare act,, G.S. 19A-20 et seq. Sec. 5-33. Respensible bBreeder's permit. _ Formatted: Strikethrough (a) It shall be unlawful for any person to breed a dog or cat without securing a breeding permit from Aanimal ...ervices, which must be obtained no later than three (3) business days following birth of the litter. (b) The fee for the permit shall be established by the Bboard of CEounty CEommissioners. (c) This section does not impose any restrictions upon what animal is bred or the frequency of such breeding. (Code 1978, § 3-30; Ord. of 12-20-2010, § 23; Ord. of 3-12-2012) Editor's notes) —Sec. 23 of an ordinance adopted Dec. 20, 2010, renumbered § 5-66 as § 5-33. State law reference s — Animal welfare act G.S. tom" �t seq Sec. 5-34. Penalty for violation of chapter. A violation of the provisions of this Cehapter shall constitute a Class 3 misdemeanor and shall be fined not more than $500.00 f8F tliq 9P Of $50.09 (Ord. of 12-20-2021, § 1) Secs. 5-35-5-60. Reserved. Created: 2024-08-07 12:50:24 [EST] (Supp. No. 14, Update 1) Page 20 of 21 Formatted: Strikethrough Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 20 Formatted: Block 1 Created: 2024-09-07 12:50:24 [EST] (Supp. No. 14, Update 1) Page 21 of 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 21 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 22 • ARTICLE II. - DANGEROUS DOG/POTENTIALLY DANGEROUS DOGIz1 Footnotes:-- (2) -- Cross reference— Environment, 41 Ch. 23. State Law reference— Dangerous dogs, G.S. 67-4.1 et seq.; PPpossession or harboring dangerous animals, G.S. 153A-131. Sec. 5-61. - Definitions. The following words, terms and phrases, when used in this rticle, shall have the meanings ascribed to them in this ection, except where the context clearly indicates a different meaning: Appeal Boardmeans the committed dea,—,a— , u,C authority responsible for Animal Control, to hear appeals of a Board determination of a dog being a dangerous or potentially dangerous dog. �--------------- - Formatted: Font: Not Italic Board means the committee desi nated the Sheriff, as the County authorit responsible for Animal Control to make the determinations of dangerous or potentially dangerous dogs. Dangerous dog means: 1LLS A dog that without provocation has - killed or inflicted severe injury _ Formatted: Font: (Default) Open sans, Font color. - - - ------------------------------------------- on a person; or Custom Color(RGB(49,51,53)), Expanded by 0.1 pt, (2) A dog that is determined by the ffs� Board designated by the Ligatures: None Sheriff, as the Coun[ authorityonsible for Animal Control,to be Formatted: List Paragraph, Numbered + Level: 1 + potentiallydangerous becausehas en a ed in one or r f Numbering Style: 1, 2, ... +Star[ at: 1 +Alignment: .Left +Aligned at: 1" + Indent at: 1.26" the behaviors listed undejrthe definition of _otentiall dan r usVL2U.� - _----Q - Formatted: Strikethrough j3�R4-Any dog owned or harbored primarily or in part for the purpose of Formatted: Font Italic dog fighting, (41 Any o4:� dog trained for dog fighting. t. Formatted: Font: (Default) Open Sans, Font color. Custom Color(RGB(49,51,53)), Expanded by 0.1 pt, Ownermeans any p- person or legal_y entit .Luathas apossessor r0 ert ri ht in a Ligatures: None — - -------------- — possessory P Y g dog. Owner's real property means any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.26" Formatted: Font Not Italic Potentially dangerous dog, which is a type of dangerous dog and will be treated as a dangerous coon for the purooses of enforcement means a dog that or Formatted: Strikethrough Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 23 the Board designate( by the Sheriff. as the County authority responsible for Animal Control, determines to hav : (1) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations broken skin or required cosmetic surgery or hospitalization; (2) Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or (3) Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack. Severe injurymeans any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery, surgery or hospitalization. dal treatmeapt exceeding the cost of $290 nn (Code 1978, § 3-25; Ord. of 5-15-2006, § 1) Cross reference— Definitions generally, § 1-2- State Law reference— Dan erous dogs. G. S. 67-4.1 et seq.; Possession or harborin dangerous animals, G.S. 153A-131, • Sec. 5-62. - Exclusions. The provisions of this Aarticle do not apply to: LLjl-� A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties; 2 A op beingused in a lawful hunt SLR) -A dog where the injury or damage inflicted by the dog was sustained by - a domestic animal while the dog was working as a lawful hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or (1(-3) A dog where the injury was inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort; was tormenting, abusing, or assaulting the dog; or had tormented, abused, or assaulted the dog; or was committing or attempting to commit a crime. Formatted: Indent: Left: 0.5" Formatted: Font (Default) Open Sans, Font color. Custom Color(RGB(49,51,53)), Expanded by 0.1 pt, Ligatures: None Formatted: Font: (Default) Open Sans, Font color. Custom Color(RGB(49,51,53)), Expanded by 0.1 pt, Ligatures: None Formatted: List Paragraph, Indent: Left: 1.01 ", First line: 0° Formatted: Font: (Default) Open Sans, Font color. Custom Color(RGB(49,51,53)), Expanded by 0.1 pt, Ligatures: None Formatted: List Paragraph, Indent Left 1.01 ", First line: o° Formatted: Indent First line: 0.25' Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 24 (Code 1978, § 3-26) State Law reference— Dangerous dogs. G.S. 67-4.1 et seg., Possession or harboring dangerous animals G.S. 153A-131. Sec. 5-63. - Procedure. (a) The heriff i the Count. hority responsible for Animal Control, shall" appoint a committee of two people who will be responsible for determining when -------- - ---- ------ a dog is a dangerous or potentially dangerous dog and shall designate a separate Board to hear any a al. 7 (b) The ,pga, -_e�Board When making the determination that a_dog_is a dangerous dog or a potentially dangerous dog, ' ie �T�s]must�notif.. the owner in---------- e Board writing, th's determination and the g-the reasons for the --_-___-_ - determination before the dog may be considered dangerous or potentially dangerous under this Aarticle. LcflThe' ommittee shall consider any written response by the owner to the written notification. (d) If there is a split decision, the Ssheriff or his designee will make the final determination. Le) —Once a decision has been made, the owner must provide Aanimal Sservices with: (1). Aa current address where the dog will be housed, 0I —Notify Aanimal Sservices within 48 hours of any change in address of the owner or the ubject potentially dangerous or dangerous dog,, and Commented [KRt]: NCGS 67-4.1 c talks about a committee only for potentially dangerous dogs. There is no reference in this Article about dangerous dogs getting a committee. If we remove the committee part for Ledogs, we do not have direction about who etermination. But that determination may mmittee & could be just 1 person making ent. Commepented [KR2]: NCGS 67-4.1 c does not say how many ople need to be on the committee. It can bejust a person too, as allowed by statute. Formatted: Strikethrough Commented [KR3]: Statute says the Bd makes the notification, not ASU. We have ASU. I suggest keep it consistent with the statute but it can be ASU if Sheriff wants. i Formatted: Strikethrough I Commented [KR4]: We do not have a process in our muni code for the appointment of an appellate bd. There is not direction in NCGS 67-4.1. 1 believe for consistency, we take what SO is already doing & put that here for clarity for all. Process for appointing, make up for the appellate board, by term or by incident? Commented [KR5]: None of the rest of this 5-63a is is in the statute but 67-4.5 allows us to adopt our own policy for dangerous dogs so this would be consistent by being the same for both animal designations. (3) aad-#Follow all Sstate laws and Cc-ounty 04Drdinances dealing with ------ Formatted: Indent First line: 0.5• dangerous or potentially dangerous dogs until all appeals have been exhausted and a final decision is rendered or no appeal is requested. makins?�-a the decision is final. (4aD The owner may appeal the determination of a dangerous dog or potentially dangerous dog by filing written objections with the Appellate Board within three business days as_"o t marked or delivered to the apgeals board by the third day . Notice f appeal is by filing written objectigns with theappellate board annninted Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 25 by the sheri# within Ratice - ,--'---- --- such -The written obiections must be accompanied by -the a ellant's filing fees as may e established by the Bboard of Ccounty Ccommissioners be considered properly Oppealed, (e) If appealed. tT-he Aappellate aboard shall schedule a quasi-judicial hearing within ten calendar da s qf the filing of the ob' ction. f said anneal and the flog owner rl complainant will be t'fi rl f the hearing date ten husiriess days prior to hca .s Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. (h)_Any appeal from the final decision of such appellate board shall be taken to Ssuperior Cc-ourt by filing notice of appeal and a petition for review within ten business days from the final decision of the appellate board.. The a 11 be heard de novo before a Superior Court judge sitting in the County, (Code 1978, § 3-27; Ord. of 12-20-2010, H 24, 25; Ord. of 3-12-2012) • Sec. 5-64. -Precautions against attacks by dangerous or potentially dangerous dogs. (a) Y r'n nrtlered ira the deterrAination moe n It is , unlawful for an owner to: (1) Leave a dangerous dog or potentially dangerous dog unattended on the owner's real property unless the dog is confined indoors Jr - in a securely enclosed and padlocked pen,with a concrete bottom and a secure top, or in an other structure designed to restrain the dots. (2).The premises of the owner or possessor of the dangerous dog or potentially dangerous dog must be posted aloAg with the posting of the premises with four clearly visible warning signs that adequatejy is inform the public, including children, of the presence of a dangerous dog, and strategically placed on the property as designated by the appropriate Cc-ounty authority. u(24) Permit a dangerous dog or potentially dangerous dog to go beyond the owner's real property unless the owner or responsible guardian over the age of 18 -has the dog leashed on a leash that is no more than six feet in length from Commented [KR6]: Statute has 3 days for potentially dangerous dogs. I suggest we make everything consistent & go with the 3 for dangerous dogs as well. Commented [KR7]: I see no fee in the statute or in our fee schedule. What is the fee so we may put that someone for everyone's knowledge? Formatted: Strikethrough Formatted: Strikethrough Formatted: Indent: Left: 0" Formatted: Strikethrough 1 Formatted: Strikethrough Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 26 the handle to the clasp and the leash in hand and the dog muzzled or otherwise securely restrained and muzzled. Retractable leashes are not permitted. (4)_{4) Even in the presence of an owner or others, permit a dangerous dog or potentially dangerous dog on the owner's property, not confined in a secured enclosure, to be without a muzzle. In the Ssection 5-63 determination, any of the measures included in this Ssection may be waived by the committee or the appellate board, or other similar measures or conditions may be substituted in their place. (b) Within seven calendar days after a dangerous dog or potentially dangerous dog determination becomes final, the owner must have the dangerous dog or potentially dangerous dog tattooed with an identification number or micro -chip identification as directed by the Animal suit Sservices division commander on the inside of the right hind leg. Within 72 hours of the death of a dangerous dog or potentially dangerous dog, the owner of the dog shall provide written notification of the dog's death to the Aanimal Sservices. If the dog's body is not available, the notification shall fully identify the dog and shall bear the notarized signature of the owner and a licensed veterinarian, all attesting to the dog's death. (c) If the owner of a dangerous dog or potentially dangerous dog transfers ownership or possession of the dog to another person, the owner shall provide written notice within 48 hours to: (1) The authority that made the determination under this Aarticle, stating the name and address of the new owner or possessor of the dog; and (2) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authority's determination. (d) The person taking ownership of the dog shall notify Aanimal Sservices within 48 hours of the dog's change of address and their knowledge of the committee's determination. (e) Violation of this Ssection is a CCl s5-3 criminal misdemeanor punishable by a fine not to exceed $500.00 or imprisonment for not more than 30 days or both. (Code 1978, § 3-28; Ord. of 3-12-2012) Sec. 5-65. - Violation of conditions; euthanization. Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 27 (a) Animal Sservices may take possession of any dog concerning whom it has cause to believe an owner has violated Ssection 5-6 . For this purpose, the requirement for sufficient cause shall be satisfied if an officer observes the violation or if animal services obtains an affidavit setting forth the violation. In the event that a dog which has been determined dangerous or potentially dangerous receives a final determination that the conditions imposed pursuant to 5-section 5 64 the dog must be surgically sterilized. An owner who violates Ssection 5-64 in a willful or negligent manner may be found by the committee to have forfeited all rights or ownership of the dog; and upon final determination of such violation, the dog may be humanely euthanized by Aanimal Sservices. (b) Appeals from rulings of the appellate board shall be heard in Ssuperior ourt. The appeal shall be heard de novo before a Ssuperior ourt judge sitting in the CEou nty. (Code 1978, § 3-29; Ord. of 5-15-2006, § 2; Ord. of 12-20-2010, § 26; Ord. of 3-12- 2012) Se...c 5-66. Penalty for attacks by dangerous dogs The owner of a dangerous dog or potentially daerous dog that attacks a person and causes phy5ical injurigs. requiring medical treatment in excess of one hundred dollar 1$100.00] shall be guilty of a Class 1 misdemeanor. i NCGS_ 67-4.3] Sec 5-67 Strict Liability The owner of a dangerous dog or potentially dangerous dog shall be strictly liable in civil damage for any injuries or property damage the dog inflicts upon a person his property or another animal. Nl CGS 67-4.3) Sec 5-68 Confinement or leashing p,f vicious anknal!� The local health director may -declare an animal to be vicious and a menace to the public health when the animal has attached a person causine bodil harm without being teased molested,,provoked, beaten, tortured or otherwise harmed. When an animal has been declared to be vicious and a menace to the public health the local heath director shall order the animal to be confined to its owner's pro. erty., However. the animal maybe permitted to leave its owner's property when accompanied res nsible adult and Commented [KR8]: This is not in our muni code. There is a designation of vicious animal that is made by the public health director. We have not engaged Jon in this conversation so I have not included it. Ronnie Norton at ASU does want it addressed. Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 28 re trained on a leash, no more than 6 feet in length from handle to clasp. Retractable leashes are prohibited, State Law reference - Confinement or leashing of vicious animals. G.S. 130A-200_ Formatted: Font: (Default) Open Sans, Font color: Custom Color(RGB(49,51,53)), Expanded by 0.1 pt, Ligatures: None Formatted: Indent: Left: 0" Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 29 Board of Commissioners - May 5, 2025 ITEM: 10- 2 - 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Regular DEPARTMENT: Museum PRESENTER(S): Kitty Yerkes, Cape Fear Museum Donor Relations Director and Kate Baillon, Cape Fear Museum Director CONTACT(S): Kitty Yerkes, Kate Baillon SU BJ ECT: Consideration of the Novant STEM Partnership Sponsorship of Cape Fear Museum's Science Matters Gallery BRIEF SUMMARY: As part of the Cape Fear Museum's relocation and expansion to the Grace District, Science Matters will be a reimagined exhibit in a newly designed 3,000-square-foot space. To support programming in this gallery, Cape Fear Museum Associates, the Museum's nonprofit partner, has launched a fundraising campaign and is actively seeking sponsorships. Dedicated to science, technology, engineering, and mathematics (STEM), the exhibit will feature hands- on activities where visitors will explore how science shapes our understanding of the world and drives innovation. The gallery highlights core scientific principles such as forces and machines, energy, and structures, and features interactive components with local relevance, encouraging visitors to engage and discover how science and innovation influence our region. Novant Health has committed to a 10-year, $200,000 sponsorship of the Science Matters exhibition. This sponsorship will directly support the continued development and delivery of high -impact STEM programming within the new museum at the Grace District. In accordance with the County's Naming and Sponsorship Policy, Board approval is requested for this sponsorship commitment. STRATEGIC PLAN ALIGNMENT: • Sustainable Land Use & Environmental Stewardship o Cultural amenities that enhance quality of place are safeguarded. ■ Promote the community through activities that enhance life and connect people. • Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. ■ Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the $200,000 sponsorship from Novant Health in support of the Cape Fear Museum's "Invest in Grace" campaign. Board of Commissioners - May 5, 2025 ITEM: 11 ATTACHMENTS: Agreement CFMAssociates Board Meeting Minutes Ingest in Grace - Science Matters COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 11 Novant Health and Cape Fear Museum "Project Grace" Sponsorship Agreement This Sponsorship Agreement ("Agreement") is made and entered into as of Aprilal , 2025 (the "Effective Date") by and between Novant Health New Hanover Regional Medical Center, LLC a non-profit limited liability company which owns and operates acute care hospitals and other healthcare facilities in Wilmington, NC ("Novant Health") and Cape Fear Museum Associates, Inc., a North Carolina non-profit corporation which supports the Cape Fear Museum of History and Science, and New Hanover County, a body politic of the State of North Carolina, in Wilmington, NC ("Cape Fear Museum"). Each of Novant Health and Cape Fear Museum, and New Hanover County, property owner, are individually referred to herein as a "Party" and collectively as the "Parties. WHEREAS, Novant Health, in furtherance of its values and mission, desires to make a gift to Cape Fear Museum in the aggregate amount of two hundred thousand dollars ($200,000.00) (the "Gift") over the course of four years for the sponsorship and support of its museum; and WHEREAS, Cape Fear Museum and County agrees to provide Novant Health with certain advertising, display rights, and free admission passes in recognition of its sponsorship; and WHEREAS the Parties hereto wish to memorialize their intentions regarding the payment of the Gift and further describe the rights and obligations of the Parties. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, receipt of which is hereby acknowledged, the Parties agree as follows: 1. Manner of Payment. The Gift is an irrevocable pledge which shalt be paid out over the four-year period as follows: a. $50,000 to be paid on 6/1/2025 b. $50,000 to be paid on 6/1/2026 c. $50,000 to be paid on 6/1/2027 d. $50,000 to be paid on 6/1/2028 In the event that Novant Health makes an annual payment in excess of its agreed -upon amount above in any year, such excess shall be applied against Novant Health's intention to make payments hereunder in the next succeeding year or years. 2. Term & Terminatiion. (i) Term: The term of this Agreement ("Term") shall begin on the Effective Date and continue fora ten (10) year period unless it is terminated pursuant to the terms of this Agreement. (ii) Termination Without Cause: Any Party hereto may terminate this Agreement for any reason upon providing at least (180) days' written notice to the other Party. (iii) Termination for Cause: Board of Commissioners - May 5, 2025 ITEM: 11- 1 - 1 Any Parry may immediately terminate this Agreement upon written notice if the other Party: (a) Materially breaches any provision of this Agreement and fails to cure such breach within fifteen (15) days of receiving written notice of the breach; or (b) Becomes insolvent, files for bankruptcy, or ceases operations; or (c) Engages in conduct that could materially damage the reputation or public perception of the other Party. (iv) Effect of Termination: In the event of Termination prior to the end of the Term of this Agreement, Cape Fear Museum and County shall remove Novant Health's name, logo, and branding from all materials within sixty (60) days (except for materials that have already been distributed or published), and all Parties hereto shall cease using the intellectual property of the other in any new marketing or promotional materials. 3. Use of Payment. The Gift shall be used generally for any and all costs associated with mutually agreed upon assets and programming to promote learning and community education, including without limitation, any costs associated with the construction of Cape Fear Museum's new museum facility planned for downtown Wilmington, and to otherwise fund Cape Fear Museum's budget as presented in its current capital campaign forthe new buildingto be located at 230 Grace St, Wilmington, NC 28401 ("Project Grace"). Novant Health reserves the right to request changes or modifications to the use of payments as mutually agreed upon with Cape Fear Museum in its reasonable discretion; provided, however, that at( Gift funds shalt be used for purposes consistent with and in furtherance of Novant Health's mission and values. 4. Novant Health Recognition. In consideration of Novant Health's Gift, Cape Fear Museum shall recognize Novant Health as the exclusive healthcare "partner" of Cape Fear Museum. To ensure branding and copyright compliance, Cape Fear Museum must ensure that Novant Health's brand is represented within specified guidelines, provided by Novant Health. Additionally, Cape Fear Museum agrees to maintain and repair any "wear and tear" of any exhibits representing Novant Health's brand and shall maintain the integrity of the space in which Novant Health's brand is exhibited. Novant Health shall have the right to approve all advertising content in advance of publication. M. . y (1) Prominent Display of Naming Rights: Novant Health's name and/or company logo will be prominently displayed in the sponsored space for 10 years. (ii) Extensive Advertising Recognition: Novant Health will receive recognition in all advertising related to signature events held in the sponsored space during the Term of this Agreement, including, without limitation, the events described below in subsections (iii) and (v). Such advertising shall include local and regional print and digital ads. Board of Commissioners - May 5, 2025 ITEM: 11- 1 - 2 (iii) Major Sponsorship Announcement: Novant Health will be announced as a Major Sponsor at the Opening Gala in Spring 2026 and will have branding opportunities for items associated with the grand opening event. (iv) Social Media and Website Acknowledgement: Novant Health will receive no fewer than 5 mentions per year across Cape Fear Museum's social media platforms and website. (v) Event Hosting: Opportunity for NOVANT HEALTH to host events at CAPE FEAR MUSEUM at Grace in coordination with CAPE FEAR MUSEUM operations, over the 4-year period, for no further payment. (vi) Private Curated Tours: Opportunityfor up to 4 behind -the -scenes tours of CAPE FEAR MUSEUM at Grace and curated tours of the museum collections at Market Street, over the 4-year period, for members of NOVANT HEALTH's organization. (vii) Customized Admission Passes: Receive 65 customized single -admission passes to the museum for distribution to clients or staff annuallyforthe 4-year period. Signature Page Follows IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, hereby execute this Agreement as of the Effective Date set forth above. Novant Health New Hanover Regional Cape Fear Museum Associates, Inc. Medical Center, LLC By: By: c)GU"a (lifilyl Name: "brli M w77(i i(? Name: Sara Izad Title: Qvl�f u n-/-- Title: President New Hanover County By: T� �—f a.►.�;J _ Name: -J �5 Title: Board of Commissioners - May 5, 2025 ITEM: 11- 1 - 3 capefear museum Q�� Cape Fear Museum Associates, Inc. exists to ensure the success of Cape Fear Museum through fundraising, memberships, programming, and community awareness. 2024-2025 Board President Sara Izad Vice President Toni Pence Secretary Susan Hana Treasurer John L. Coble Immediate Past President Katie Gloe Amy Akers Kate Baynard Stuart Borrett Kathryn Brewer Ginny Dunn Carol Anne Durham Richard Formo Wheat Holt Girard Newkirk Chip Rajca Daniella Reina Ashley Smeaton Judy Thornton Board Meeting — Minutes April 1, 2024 Board Members Present- Quorum Present Sara Izad (remote), Toni Pence, John Coble, Susan Hanna, Stuart Borrett, Kathryn Brewer, Ginny Dunn (remote), Wheat Holt, Katie Gloe, Girard Newkirk (remote), Chip Rajca, Daniella Reina, Ashley Smeaton (remote) Judy Thornton. Board Members Absent Amy Akers, Kate Baynard, Carol Anne Durham, Richard Formo. Museum Staff Present Kate Baillon, Lona Popovic, Kitty Yerkes Museum Staff Invited to Present Jan Davidson, Amy Thornton Call to Order at 5:05 PM Toni Pence President Report Toni Pence for Sara Izad Motion to approve of the minutes of the February 18, 2025 Board Meeting, was made by John Coble and seconded by Susan Hanna. With no objections, the motion carried. The agenda order was changed to allow for invited guests to present their materials at the beginning of the meeting. Traveling Exbibit- Solidarity Now! 1968 Poor People's Campaign presented by Jan Davison, Cape Fear Museum Historian. Jan presented an overview of the Smithsonian exhibit that explores one of the most important grassroots movements of the civil rights era: the Poor People's Campaign of 1968. The exhibit will be on display from May 10-August 31, 2025. Artifact Acquisition-Waccamaw Siouan Tribe -overview presented by Amy Thornton, Museum Education Manager. Board of Commissioners - May 5, 2025 ITEM: 11- 2 - 1 Amy discussed exhibit artifacts purchased from the Waccamaw Siouan Tribe and artist Tammy Pattrick which have been purchased by New Hanover County. She also presented examples of regalia to be commissioned from the Waccamaw Tribe which may be supported by the Associates Special Allocation fund Board Recruitment Several candidates were presented and reviewed for board service for FY 2025-2026 including: Practice category -Law downtown Sam Dooies, District Attorney's Office Practice category -major corporation Nathan Peck, GE Practice area -Banking TBD Practice category -Business Terry Espy, Momentum Properties Practice area -Medicine Ruth Glaser, Novant Recruiting a candidate from Live Oak Bank was discussed. Ginny and Chip mentioned Daniella Macintosh from their Leadership Wilmington class. Conversations and meetings with the candidates to continue with the goal of installing new candidates at the June 3 Annual meeting. Treasurers Report John Coble reported on the change of investment management firm to Jason Wheeler, Pathfinders Wealth Management which is moving forward. A meeting with Pathfinders is scheduled for the near future to review investment categories as related to the Investment Policies guidelines. Board of Commissioners - May 5, 2025 ITEM: 11- 2 - 2 Additionally, John reviewed the Financials through February 2025. Income actuals to budgeted were reviewed with funds in excess of budget and expenses generally under budget. The report included discussion of the annually budgeted Special Projects Allocation fund. These funds may be used in support of artifact purchases at Project Grace or other board approved expenditures. Fundraising Report Kitty mentioned the Gala tentatively scheduled for Saturday, June 6, 2026. The event will be a joint affair with the Museum and the Library. Kate Baynard has volunteered to serve as the chair. Others who expressed interest in working on the Gala include Ashley Smeaton, Judy Thornton, and Wheat Holt(marketing). The event price point was discussed, and Stuart mentioned the need to make the event affordable to reach an inclusive audience in our community. Kitty also mentioned the Project Grace Naming Rights opportunities with Novant and Corning remain active. The board was supportive of and in agreement with both initiatives. Director's Report Kate gave an update on Project Grace and noted that the construction and exhibit design has stayed on schedule. The next phase will include exhibit fabrication, and the window installation. The sloth and climber are also scheduled for delivery and assembly. New Business The invitation to consider tunnel excavation from Project Grace to Thalina Hall was revealed as an April Fool's exercise with Chip, Stuart and Wheat winning the prizes for best participation in the rouse. Adjourn Motioned by John Coble and seconded by Katie Gloe. Upcoming Events Star Pary, Friday, April 25, from 7-10 pm Carolina Beach State Park. Big Day of Nature Play, Saturday, May 17 from 10 am -12 noon. Board Meetings — typically bimonthly, every other month, first Tue.5:00 PM Next Board Meeting -Annual Meeting Tuesday, June 3, 2025-at Project Grace M Board of Commissioners - May 5, 2025 ITEM: 11- 2 - 3 Am Bit •[og: Cape Fear Museum is poised to become a pivotal cultural institution, offering unparalleled opportunities for learning, discovery, and inspiration to our diverse community and beyond. Opening in spring 2026, this new state-of-the-art museum will be a transformational destination in downtown Wilmington. We are seeking your support with a rare opportunity to shape the cultural landscape of downtown Wilmington and be a part of a legacy that will inspire and educate for generations to come. SCIENCE MATTERS $200,000 STEM Partner Opportunity This 3,000 sq ft space, is the museum's hands-on STEM gallery, emphasizing how science helps us understand and change the world including interactives that feature ocal connections to our region. The exhibition highlights basic scientific principles, forces and machines, energy, building and structures, and more. Media and tactile interactive components permeate the gallery and allow visitors to experiment and do science. Board of Commissioners - May 5, 2025 ITEM: 11- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Regular DEPARTMENT: Count er PRESENTER(S): LouisFame McColl, Chair of the Greater Wilmington Sports Hall of g CONTACT(S): Chris Coudriet, N HC County Manager SU BJ ECT: Consideration of Greater Wilmington Sports Hall of Fame Week Proclamation BRIEF SUMMARY: Louise McColl, Chair of the Greater Wilmington Sports Hall of Fame, has submitted a proclamation request recognizing the week of May 12-18, 2025, as "Greater Wilmington Sports Hall of Fame Week" in New Hanover County. The Greater Wilmington Sports Hall of Fame is a nonprofit organization established in 2005 to celebrate individuals who have significantly influenced the region's athletic heritage. The proclamation celebrates the Hall of Fame's role in honoring individuals who have made a lasting impact on sports in the region, promoting values such as sportsmanship, leadership, and excellence. It highlights the Hall's scholarship program and announces the 2025 Legends Induction Banquet on May 18, honoring five outstanding contributors to the local and national sports landscape. STRATEGIC PLAN ALIGNMENT: • Sustainable Land Use & Environmental Stewardship o Cultural amenities that enhance quality of place are safeguarded. ■ Promote the community through activities that enhance life and connect people. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation and present to representatives. ATTACHMENTS: Greater Wilmington Sports Hall of Fame Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS GREATER WILMINGTON SPORTS HALL OF FAME WEEK PROCLAMATION WHEREAS, the Greater Wilmington Sports Hall of Fame (Hall of Fame) was founded in 2005 by the award - winning Atlantic Coast Conference (ACC) Head Football Coach, Bill Dooley, to recognize individuals who have made a significant impact on sports in the Greater Wilmington area; and WHEREAS, the Hall of Fame is sustained by the dedicated service of its volunteer Board of Directors and the generous support of local sponsors and community members; and WHEREAS, the Hall of Fame strengthens the community by celebrating those who have influenced the sports world and by promoting sportsmanship, excellence, hard work, teamwork, and leadership through its events, scholarships, and outreach; and WHEREAS, the Hall of Fame administers the Bill Dooley Scholarship Program, which annually awards scholarships to high school student -athletes, selected by that year's inductees, who demonstrate excellence in academics, athletics, and citizenship, helping to cultivate the next generation of leaders; and WHEREAS, since its inaugural class in 2006, the Hall of Fame has celebrated up to five individuals each year, preserving our community's rich athletic history, and will culminate in the 2025 Legends Induction Banquet on Sunday, May 18, where the following individuals will be honored for their outstanding contributions to sports: • Scott Braswell, a transformative high school football coach and athletic director with a 28-year career that included a 2007 state championship and 12 conference titles at Hoggard High School. The stadium now bears his name in recognition of his lasting impact on students and the community; and • Kimberly Crabbe, a trailblazing force in women's soccer, the first African American woman called up to the U.S. Women's National Team, advancing the sport through national championship -level play, and youth development; and • Tommy Craig, a Wilmington native and athletic trainer whose 25-year tenure with the Toronto Blue Jays included two World Series titles, leadership in maintaining the league's lowest injury rates, and ongoing service with the NFL, USTA, and other international sports organizations; and • Dr. David Miller, an accomplished athlete and educator whose All -American collegiate baseball career led to a 40-year tenure at UNC-Wilmington, shaping both athletic, academic, and mentoring programs at the university; and • Jerry Wainwright, a distinguished collegiate basketball coach who led UNC-Wilmington to its first NCAA Tournament win, multiple conference titles, and extended his legacy through national coaching and leadership with USA Basketball. NOW, THEREFORE, BE IT PROCLAMED that the New Hanover County Board of Commissioners recognizes May 12-18, 2025, as "Greater Wilmington Sports Hall of Fame Week" in New Hanover County, honoring the achievements of these inspiring individuals and the Hall of Fame's ongoing commitment to celebrating athletic excellence and fostering community pride. ADOPTED, this 5th day of May, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 12- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Regular DEPARTMENT: County Manager PRESENTER(S): David Parker, Safety Officer, Cape Fear Sail & Power Squadron CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Safe Boating Week Proclamation BRIEF SUMMARY: The Cape Fear Sail & Power Squadron has requested the Board adopt a proclamation recognizing May 17-23, 2025, as Safe Boating Week. This year marks the 68th annual observance of this national campaign, which promotes the use of life jackets and encourages safer boating practices along North Carolina's 5,000 miles of shoreline. The proclamation supports the work of the National Safe Boating Council in enhancing water safety and public awareness. According to the North Carolina Wildlife Resources Commission, there are 15,117 registered boats in New Hanover County. Safe Boating Week aligns with New Hanover County's Strategic Plan, which emphasizes community safety and well-being through a strong commitment to public health and emergency preparedness. This initiative supports the Plan's goal to ensure all residents live in a safe, healthy environment by raising awareness about drowning prevention and promoting the lifesaving importance of wearing U.S. Coast Guard -approved life jackets. It also reflects the County's focus on prevention and education as key components of a resilient and informed community. STRATEGIC PLAN ALIGNMENT: Community Safety & Well-being o The community supports a life that mitigates health and safety risks ■ Effectively and efficiently respond to public health and safety demands. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation and present to Cape Fear Sail & Power Squadron representatives. ATTACHMENTS: Safe Boating Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SAFE BOATING WEEK PROCLAMATION WHEREAS, 2025 marks the 68th annual observance of National Safe Boating Week, a nationwide campaign dedicated to raising awareness about the importance of safe boating practices and preventing loss of life on the water; and WHEREAS, North Carolina features more than 5,000 miles of scenic shoreline and is home to over 361,000 registered boaters who enjoy access to rivers, lakes, and coastal waters; and WHEREAS, boating and fishing remain among the most popular year-round recreational activities in the state; and WHEREAS, an average of 630 lives are lost each year in the United States due to boating -related accidents, with approximately 80% of those deaths resulting from drowning; and WHEREAS, in nearly 86% of drowning cases, the individual was not wearing a life jacket, highlighting the critical role of life jackets in preventing tragedy; and WHEREAS, wearing a properly fitted life jacket is the most effective and reliable safety measure boaters can take to protect themselves while on the water; and WHEREAS, New Hanover County's Strategic Plan includes a commitment to community safety and well-being by calling on the County to "effectively and efficiently respond to public health and safety demands"; and WHEREAS, the National Safe Boating Council, in partnership with the U.S. Coast Guard and other national organizations, has designated May 17 through May 23, 2025, as National Safe Boating Week to reinforce the message of prevention through education and preparedness. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 17-23, 2025, is recognized as "Safe Boating Week" in New Hanover County and marks the beginning of a year-round commitment to water safety. All people are urged to wear a life jacket at all times while boating and to take action that supports a culture of awareness and responsibility on our waterways. ADOPTED the 5th day of May, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 13- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Regular DEPARTMENT: Finance PRESENTER(S): Eric Credle, N HC Chief Financial Officer and Jordan Smith, N HC County Attorney CONTACT(S): Eric Credle, Jordan Smith SU BJ ECT: Consideration of Approval of the Purchase of the Flossie Bryan Property BRIEF SUMMARY: New Hanover County is the two-thirds owner of a 61.01-acre parcel of land located at 3990 Independence Boulevard, in the City of Wilmington, New Hanover County (the "Bryan Property"). The County's ownership resulted from the estate of the owner of the property, Flossie Bryan, who died in June 2003. Heirs of Ms. Bryan own the other one-third of the land. Since Ms. Bryan's death, matters related to the will were litigated in court, which have since been resolved. In 2022, a court order appointed Jerry Mannen, Esquire, to sell the parcel of land and distribute the proceeds according to the proportionate ownership of the property. In early 2025, County staff learned that a possible purchaser of the Bryan Property had declined to move forward. Staff recognized that preserving natural areas is an identified objective in the County's recently adopted Strategic Plan, as well as the expressed desire of Board members, and that this particular property had been specifically mentioned for potential acquisition by the County in order to preserve green space and potentially to develop a park. Accordingly, a purchase contract for the property was drafted that advanced the possible purchase of the property by the County, with minimal financial commitment if the Board was ultimately not in favor. On March 20, 2025, the County submitted an offer to purchase the land for $11,600,000, with the offer derived by referencing the tax value of the land of $11,606,800, as well as a recently obtained third -party appraisal, which valued the land at $11,850,000 at its highest and best use and $9,265,000 based on its existing zoning. The offer was contingent on the satisfactory completion of a 45-day inspection period. Earnest money of $1,000.00 was required, and that amount was the only amount due to the purchaser if the County elected not to move forward with the purchase for any reason. After Mr. Mannen indicated acceptance of the offer, the County engaged a firm to provide a Phase 1 environmental study of the property. The Phase 1 study noted the possibility of contamination related to a former HVAC business 830 feet away that had two reported spills of chlorine -related compounds during the 1980s. That property is being monitored by the North Carolina Department of Environmental Quality. Further discussion with the environmental firm noted that because the County does not plan to consume the groundwater or develop the property, no further work was deemed necessary. After conveying the County's desire to move forward with the purchase, Mr. Mannen posted a public ten-day upset bid notice, which concluded on April 24, 2025, without any upset bids being submitted. The next steps in the process are for the Board to ratify the purchase contract, the sale to be confirmed by a judge, and then the legal closing to occur. Board of Commissioners - May 5, 2025 ITEM: 14 Based on the County's two-thirds ownership, the County's net cost to purchase the property is $3,866,666.67. It is recommended that the County fund the purchase price with the corpus of the Revenue Stabilization Fund, with the intent, subject to annual appropriation, that the County's General Fund will reimburse the Revenue Stabilization Fund for this purchase over a ten-year period in annual payments of $463,925.49, which includes a market interest rate of 4.08%. Because the use of corpus of the Revenue Stabilization Fund is proposed, a supermajority of the Board (4 of 5) is required to approve this transaction. STRATEGIC PLAN ALIGNMENT: Good Governance o Internal business processes ■ Communicate what the county does and why RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Approve purchase of the Bryan Property on the terms described in the summary. 2. Adopt the budget amendment. ATTACHMENTS: Purchase Contract Budget Amendment 25-052 Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 14 New Hanover County Contract # 25-0415 CONTRACT FOR SALE AND PURCHASE OF REAL ESTATE This CONTRACT FOR SALE AND PURCHASE OF REAL ESTATE (this "Contract") is made and entered into as of the Effective Date by and between New Hanover County, a political subdivision of the State of North Carolina ("Purchaser"), and Jerry A. Mannen, Jr., Commissioner, pursuant to court Order ("Seller"). The "Effective Date" of this Contract shall be the date on which the last Party signs this Contract. Seller and Purchaser are sometimes referred to herein individually as a "Party" and collectively as the "Parties". RECITALS WHEREAS, pursuant to that certain Order issued by New Hanover County Superior Court Judge George F. Jones on August 25, 2022 (the "Order"), in that certain civil action styled New Hanover County vs. Sue Lemaster Patrick, et. al. (New Hanover County File No. CVS 0744), New Hanover County, as owner trustee for the benefit of New Hanover County and the Bryan heirs, is the owner of certain land comprising approximately 61.01 acres located at 3990 Independence Boulevard, in the City of Wilmington, New Hanover County, North Carolina (Parcel ID No.: R06500-005-002-000), and as more particularly described on Exhibit "A" attached hereto and made a part hereof by this reference (said tract or parcel, together with all rights, easements, rights of way and appurtenances belonging or appertaining thereto, being hereinafter referred to collectively as the "Property"); and WHEREAS, Commissioner has been authorized to sell the Property at Private Sale pursuant to the Order in accordance with the private sale provisions found at NC Gen. Stat. §1-339.33 to § 1-339.40 (the "Private Sale Provisions"); and WHEREAS, Purchaser made an offer to purchase the Property, and the Commissioner believes it is in the best interest of obtaining the highest and best price for the Property to accept such offer and sell the Property to Purchaser in accordance with this Contract and the Private Sale Provisions; and WHEREAS, Purchaser desires to purchase from Seller and Seller desires to sell to Purchaser the Property. THAT FOR and in consideration of the mutual covenants, agreements and undertakings herein set forth, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase from Seller the property described in Section 1 below on the terms and conditions hereinafter set forth: 1. Description of Property. All that certain piece, parcel or tract of land containing approximately 61.01 acres, more or less, situate, lying, and being in Wilmington, New Hanover County, North Carolina identified as Parcel Number R06500-005-002-000, and attached hereto and incorporated herein by reference as Exhibit A. Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 1 2. Purchase Price. The purchase price for the Property shall be Eleven Million Six Hundred Thousand and 00/100 Dollars US ($11,600,000.00) (the "Purchase Price") and shall be paid by Purchaser as follows: (a) The sum of One Thousand and No/100 Dollars US ($1,000.00) (the "Earnest Money") shall be deposited with: Yow, Fox & Mannen, PLLC Attn: Jerry A. Mannen, Jr. Post Office Box 479 Wilmington, NC 28402 Phone: 910-762-2421 Fax:910-251-9247 Email: imannenCq fmlaw.com ("Escrow Agent") upon the mutual execution of this Contract, which Earnest Money shall be held on deposit by Escrow Agent until the earlier of (i) Closing of the Property or (ii) termination of this Contract and shall be disbursed upon such occurrence in accordance with the provisions of this Contract. (b) The Earnest Money paid shall be applied against the Purchase Price at Closing. (c) The balance of the Purchase Price shall be delivered by Purchaser in immediately available funds at Closing. 3. Closing. The "Closing" of the transaction herein provided shall be held not later than thirty (30) days (the "Closing Period") after expiration of the later of the expiration of the Upset Bid Period (defined in Section 5 herein), or Court Approval, at the offices of Purchaser's counsel. At the Closing, Seller shall deliver to Purchaser executed copies of the Commissioner's Deed(defined in Section 6 herein) and other documents described herein. Seller shall not be obligated to attend the Closing provided that Seller has delivered all documents requested by Purchaser or Purchaser's counsel prior to Closing. Seller shall be responsible for distributing the sale proceeds pursuant to Order of the Court and filing with the Court any final report as required by the Private Sale Provisions. 4. Inspection Period. Purchaser shall have a period, beginning on the Effective Date and expiring forty-five (45) days thereafter (the "Inspection Period"), during which Purchaser, its authorized agents and employees, as well as others authorized by Purchaser, shall have full and complete access to the Property and shall be entitled to enter upon the Property and make such soil, subsurface, environmental, water drainage, and other investigations, inspections, evaluations, studies, tests and measurements (collectively, the "Investigations") as Purchaser deems reasonably necessary or advisable in order to determine if the Property is acceptable to Purchaser, so long as same do not result in any material adverse change to the physical characteristics of the Property. Purchaser agrees to indemnify and hold Seller harmless from and against any and all claims, costs, expenses and liabilities including reasonable attorneys' fees arising out of or by reason of the Investigations. Notwithstanding anything contained herein to the contrary, Purchaser shall not Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 2 perform or cause to be performed any invasive environmental testing including, but not limited to, a so-called Phase II environmental assessment, without Seller's prior written consent, such consent to be given or withheld in Seller's sole discretion. Purchaser shall restore any disturbance of the Property caused by the Investigations into the same condition that existed prior to the Effective Date in the event Purchaser fails to close or terminates this Contract. In the event that the results of the inspections, investigations and evaluations are, in Purchaser's sole and absolute discretion, unacceptable to Purchaser or Purchaser decides, in Purchaser's sole and absolute discretion, that the Property is unsuitable for any reason or no reason at all, Purchaser may terminate this Contract by providing Seller written notice thereof on or before the expiration of the Inspection Period (a "Termination Notice") upon which the Earnest Money shall be returned to Purchaser, and neither Parry shall have any further liability under this Contract. Absent receipt of a timely Termination Notice, upon the expiration of the Inspection Period, the Earnest Money shall be non-refundable to Purchaser, subject to the terms herein, but will remain applicable to the Purchase Price at Closing. In the event of termination of this Contract for any reason other than Seller default, Purchaser shall, within five (5) business days following such termination, provide Seller with copies of all non- proprietary material related to its Investigations of the Property. The provisions of this Section 4 shall survive Closing or the termination or cancellation of the Contract. This Section 4 shall survive termination of this Contract. 5. . Upset Bid Period. In the event the Contract is not earlier terminated, immediately following the expiration of the Inspection Period Seller shall prepare and submit appropriate documentation to the New Hanover County Superior Court to commence the upset bid period in accordance with the Private Sale Provisions (the "Upset Bid Period"). Seller shall promptly give Purchaser written notice of any upset bids received by Seller during the Upset Bid Period. Purchaser reserves all rights provided in the Private Sale Provisions. If any upset bid is received by the Court in accordance with the Private Sale Provisions, and Purchaser does not submit any further upset bid itself, the Earnest Money shall be promptly refunded to Purchaser, and the Parties shall thereafter have no liabilities, other than under Section 4 above or any other Section which by its express terms survives termination. If no upset bids are received or Purchaser is the final party to submit an accepted upset bid, the Upset Bid Period shall expire as provided in the Private Sale Provisions. Following the expiration of the Upset Bid Period Seller shall prepare and submit appropriate documentation for approval and confirmation of the sale ("Court Approvar'). 6. Title. Subject to the terms and conditions of this Contract, Purchaser's obligations hereunder shall be conditioned upon Seller's delivery of a good marketable and insurable fee simple title to the Property (at standard rates), by Commissioner's Deed (the "Deed"). If requested by Purchaser and at Purchaser's sole cost and expense, a legal description taken from the Survey (as defined below) may be attached to a quit -claim deed of the Property from Seller and recorded with the Deed. 7. Title and Survey Examination. No later ten (10) days prior to the expiration of the Inspection Period, Purchaser may deliver to Seller (a) a title commitment issued by the title insurance Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 3 company selected by Purchaser ("Title Company") including copies of all exceptions shown thereon ("Title Commitment"), and (b) if prepared an ALTA/ACSM Land Title survey of the Property to be made by a registered surveyor (the "Survey"), which shall be certified to Seller prior to Closing if requested by Seller, and (c) a written statement of any objectionable title or Survey matter in the opinion of Purchaser or its Title Company (together the "Title Objection Notice"). If Purchaser fails to deliver the Title Objection Notice during the Inspection Period, Purchaser shall be deemed to have waived such right to object to any title and Survey matters. If Purchaser does give Seller timely notice of any such objectionable matters, Seller may notify Purchaser within seven (7) days following Seller's receipt of the Title Objection Notice as to whether Seller will attempt to cure such title and Survey objections set forth in the Title Objection Notice by the Closing Date ("Seller's Response"). Seller's failure to send a Seller's Response within said seven (7) day period shall be deemed Seller's refusal to cure any item set forth in the Title Objection Notice. If Seller fails to send Seller's Response, or Seller's Response notifies Purchaser that Seller does not intend to attempt to cure any or all of the title and Survey objections by the Closing Date, then purchaser shall have the option, which must be exercised prior to the expiration of the Inspection Period either to: (i) waive its objections (with respect to the title and Survey objections Seller elects not to cure) hereunder and take title to the Property pursuant to the remaining terms of this Contract, or (ii) terminate this Contract by giving written notice to Seller prior to the expiration of the Inspection Period; in such event, the Earnest Money shall immediately then be returned to Purchaser, and thereafter, no Party hereto shall have any further rights, liabilities or obligations hereunder other than under Section 4 above or any other Section which by its express terms survives termination. Notwithstanding anything contained in this Contract to the contrary, Seller agrees to cure by paying at Closing any (I) mortgages, deeds of trust, deeds to secure debt and similar security interests, (II) mechanic's or materialman's liens filed against the Property prior to Closing on account of the actions of Seller, and (III) any other lien or other monetary encumbrance that encumbers the Property that may be removed by the payment of a sum certain, such as judgment liens, tax liens and the like. 8. Seller's Representations and Warranties. Subject to the qualifications contained in Section 8 below, as of the Effective Date Seller makes the following representations and warranties to Purchaser: (a) Seller agrees to reasonably cooperate with Purchaser to facilitate an orderly transfer of the ownership of the Property. (b) Seller has, or will have at Closing, the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (c) The above representations shall survive the Closing for a period of six (6) months only, and any claim not brought prior to the expiration of such period shall be deemed waived. If, before the Closing, Seller becomes aware of any facts or changes in circumstances that would cause any of its representations and warranties in this Contract to be untrue at Closing, Seller shall promptly notify Purchaser in writing of such fact. In such case, or in the event Purchaser obtains information which would cause any of Seller's representations and warranties to be untrue at Closing, Purchaser, as its sole and exclusive remedy, shall have the right to either (i) terminate this Contract but only after giving Seller written notice of the information causing the Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 4 warranty to be untrue and affording Seller a reasonable opportunity thereafter to cure, failing which this Contract shall be terminated and neither Party shall have any rights or obligations under this Contract or (ii) accept a qualification to Seller's representations and warranties as of the Closing and complete the purchase and sale of the Property without any rights to recovery for breach of the unqualified representation and warranty. Other than as set forth in the immediately preceding sentence, Purchaser shall be deemed to have expressly waived any and all remedies for the breach of any representation or warranty discovered by Purchaser prior to the Closing. 9. Limitation on Reipresentations and Prol2erty Condition. ALL OF THE REPRESENTATIONS OF SELLER SET FORTH IN SECTION 8 OR OTHERWISE IN THIS CONTRACT AND ANY DOCUMENTS PROVIDED BY SELLER AT CLOSING ARE LIMITED TO THE ACTUAL KNOWLEDGE OF SELLER; PROVIDED, HOWEVER, IN NO CIRCUMSTANCE SHALL SELLER HAVE ANY PERSONAL LIABILITY WITH RESPECT TO. ANY BREACH OF ANY WARRANTIES OR REPRESENTATIONS CONTAINED HEREIN OR IN ANY OF THE DOCUMENTS PROVIDED BY SELLER AT CLOSING. EXCEPT AS EXPRESSLY PROVIDED IN THIS CONTRACT AND THE DEED, SELLER IS NOT MAKING, AND HAS NOT AT ANY TIME MADE, ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PHYSICAL CONDITION, ENVIRONMENTAL CONDITION, TITLE, ZONING, TAX CONSEQUENCES, UTILITIES OR UTILITY CAPACITY, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, COMPLIANCE WITH GOVERNMENTAL LAWS, THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE PRESENCE OR ABSENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS, OR THE COMPLIANCE OF THE PROPERTY WITH ALL FEDERAL, STATE AND LOCAL REGULATIONS OR LAWS PERTAINING TO HEALTH OR THE ENVIRONMENT, INCLUDING BUT NOT LIMITED TO, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, THE CLEAN WATER ACT, AND ANY AND ALL REGULATIONS, RULES, DIRECTIVES AND ORDERS OF ANY APPLICABLE STATE OR LOCAL ENTITY HAVING JURISDICTION OVER THE PROPERTY, EACH AS MAY BE AMENDED FROM TIME TO TIME, AND INCLUDING ANY AND ALL REGULATIONS, RULES OR POLICIES PROMULGATED THEREUNDER ("ENVIRONMENTAL LAWS"), THE SOIL CONDITIONS, DRAINAGE, FLOODING CHARACTERISTICS, UTILITIES OR OTHER CONDITIONS EXISTING IN, ON, OR UNDER THE PROPERTY. PURCHASER HEREBY EXPRESSLY AGREES TO ACCEPT THE PROPERTY SUBJECT TO ALL RISKS, LIABILITIES, CLAIMS, DAMAGES AND COSTS, INCLUDING ANY LIABILITY WITH RESPECT TO ENVIRONMENTAL LAWS, AND AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE ' OR OTHER DAMAGES Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 5 RESULTING OR ARISING FROM OR RELATED TO THE CONDITION OF THE PROPERTY. PURCHASER EXPRESSLY WAIVES (TO THE EXTENT ALLOWED BY APPLICABLE LAW) ANY CLAIMS UNDER FEDERAL, STATE OR OTHER LAW (INCLUDING, BUT NOT LIMITED TO, COMMON LAW AND STRICT LIABILITY, WHETHER SOUNDING IN CONTRACT OR TORT, AND ANY AND ALL ENVIRONMENTAL LAWS) THAT PURCHASER MIGHT OTHERWISE HAVE AGAINST SELLER RELATING TO THE USE, CHARACTERISTICS OR CONDITION OF THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING, SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY AS IS, WHERE IS, WITH ALL FAULTS. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO MADE OR FURNISHED BY SELLER OR ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMSOEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS EXPRESSLY SET FORTH IN THIS CONTRACT OR THE DEED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING. PURCHASER HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS INSPECTED AND EXAMINED OR WILL INSPECT OR EXAMINE THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY PURCHASER IN ORDER TO ENABLE PURCHASER TO EVALUATE THE PURCHASE OF THE PROPERTY. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE CLOSING OR EARLIER TERMIATION OF THIS CONTRACT. 10. Default and Remedies. (a) In the event that the terms and conditions of this Contract have been satisfied and Purchaser does not purchase the Property in accordance with the requirements of this Contract within the time limits herein set forth, Seller, as Seller's sole and exclusive remedy, may declare this Contract cancelled in which event the Earnest Money shall be paid to Seller as full liquidated damages and not as a penalty, it being agreed that Seller's damages would be difficult or impossible to ascertain. (b) In the event of Seller's breach of any of its obligations hereunder, Purchaser shall have the following rights and options as Purchaser's sole and exclusive remedies: (i) immediately terminate this Contract upon written notice to Seller and receive back the full amount of the Earnest Money and upon return of same the Parties hereto shall have no further rights and obligations or liabilities to each other hereunder or (ii) demand and compel by an action for specific performance or similar legal proceedings, if necessary, for the immediate conveyance of the Property by Seller in compliance with the terms and conditions of this Contract. Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 6 (c) In the event legal action is instituted by any of the Parties to enforce any of the terms of this Contract or arising out of the execution of this Contract, the prevailing Party will be entitled to receive from the other Parry its reasonable attorneys' fees, and court costs actually incurred. 11. Closing Costs. Closing costs and expenses shall be paid at Closing as follows: (a) Seller's Expenses: The cost of preparing the Deed; any real estate transfer taxes; and Seller's own attorneys' fees and expenses. (b) Purchaser's Expenses: All expenses incident to any loan or financing for acquisition of the Property, including all mortgage taxes; all recording ,fees; the cost of all title searches, premiums for any title insurance policy (including endorsements); the cost of the Survey; the cost of recording the Deed; and Purchaser's own attorneys' fees and expenses. 12. Property Taxes. Based on Seller's actual knowledge title to Property is held in trust by Purchaser and it not included on the tax rolls of New Hanover County and is otherwise exempt from property taxes. 13. Closiny. Documents Delivery of Deed & A lication of De osits. (a) Seller shall deliver at the Closing such documents customarily delivered and/or executed by a seller in similar transactions of the nature of a Court Ordered sale, including without limitation the following documents (which shall be duly executed and witnessed by Seller as appropriate) and which, collectively, are the "Seller's Documents": (i) the Deed without any warranties of title; (ii) such documentation as may reasonably be required as evidence of the of Seller to enter into this Contract and to discharge the obligations of Seller pursuant hereto; (iv) a closing statement which sets forth the distribution of the Purchase Price and other funds; and, (v) such other documentation as may be reasonably required in connection with transactions such as foreclosures and Court ordered sales such as that contemplated herein. (b) Purchaser shall deliver at the Closing the following documents (all of which shall be duly executed and witnessed by Purchaser as appropriate) which, collectively, are the "Purchaser's Documents": (i) such documentation as may reasonably be required as evidence of the authority of the parties acting on behalf of Purchaser to enter into this Contract and to discharge the obligations of Purchaser pursuant hereto; Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 7 (ii) a closing statement prepared by Purchaser which sets forth the distribution of the Purchase Price and other funds; and (iii) such other documentation as may be reasonably required in connection with transactions such as that contemplated herein. (c) Upon receipt of the Purchase Price, Seller's Documents, and Purchaser's Documents at the time of Closing, and at such time as the closing agent who shall conduct the closing (the "Closing Agent") is in a position to disburse the same in accordance with the signed closing statement, the Closing Agent shall be authorized to cause the final title update to be conducted and the Deed and any mortgage to be recorded, after which all disbursements provided for on the closing statement, including the net proceeds payable to Seller, shall be made immediately. 14. Brokerage. Purchaser represents to Seller that it did not employ any broker in connection with this transaction. Seller represents to Purchaser that it did not employ any broker in connection with this transaction. Seller and Purchaser each agree to indemnify the other for any and all claims and expenses, including legal fees, if any other fee or commission is determined to be due by reason of the employment of any other broker by the indemnifying party. 15. Notices. Any notice, approval or other communication which may be required or permitted to be given or delivered hereunder shall be in writing and delivered to the applicable address(es) set forth below and shall be deemed to have been given, delivered and received: (i) as of the date when the notice is personally delivered; (ii) if mailed, in the United States Mail, certified, return receipt requested, two (2) business days following the date of the post mark on such notice; (iii) if delivered by overnight courier or express mail service for next business day delivery where the sender provides or retains evidence thereof, one (1) business day after deposit with such overnight courier or express mail service; or (iv) if emailed, upon receipt of such email, acknowledgement thereof not required, provided the same notice, approval or other communication is given or delivered pursuant to methods (i), (ii) or (iii) herein. To Purchaser: New Hanover County Phone: Email: To Seller: Jerry A. Mannen, Jr., Commissioner Post Office Box 479 Wilmington, NC 28402 Phone: 910-762-2421 Email: imannen &yfmlaw.com Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 8 16. Governine Law. This Contract shall be governed, interpreted and construed under the laws of the State of North Carolina. 17. Jurisdiction & Venue. In any dispute arising out of this Contract, Purchaser and Seller submit to the jurisdiction of the local state or federal court having jurisdiction where the Property is located. Additionally, Purchaser and Seller agree that venue lies in said local state or federal courts. 18. Assi nment. Purchaser may not assign its rights and obligations in part or in whole hereunder without Seller's written consent not to be unreasonably delayed conditioned or withheld. 19. Time of the Essence. Time is of the essence in the performance of each of the terms and conditions of this Contract. 20. Entire Agreement. This Contract constitutes the entire agreement between the Parties hereto and it is understood and agreed that all undertakings, negotiations, representations, promises, inducements and agreements heretofore had between these Parties are merged herein. This Contract may not be changed, modified or amended orally, but only by an agreement in writing signed by both Purchaser and Seller. The provisions of this Contract shall inure to the benefit of and shall be binding upon the Parties hereto and their respective heirs, successors and assigns. 21. Waiver. Failure of either Purchaser or Seller to exercise any right given hereunder or to insist upon strict compliance with regard to any term, condition or covenant specified herein, shall not constitute a waiver of Purchaser's or Seller's right to exercise such right or to demand strict compliance with any term, condition or covenant under this Contract. No waiver of any of the provisions to this Contract shall be valid unless in writing and signed by the Party against whom it is sought to be enforced. 22. CounteEgarts. This Contract may be executed in several counterparts, each of which may be deemed an original, and all of such counterparts together shall constitute one and the same agreement. Digital copies such as by facsimile, other electronic means, portable document format (.pdf) or otherwise shall be deemed an original of this Contract and the execution in such format shall be in all respects valid. 23. Captions; Construction. All captions, headings, paragraph and subparagraph numbers and letters are solely for reference purposes and shall not. be deemed to be supplementing, limiting, or otherwise varying the text of this Contract. The Parties hereto hereby acknowledge and agree that (i) each Party hereto is of equal bargaining strength, (ii) each such Party has actively participated in the drafting, preparation and negotiation of this Contract, (iii) each such Party has consulted with its own independent counsel, and such other professional advisors as it has deemed appropriate, relating to any and all matters contemplated under this Contract, (iv) each such Party and its counsel and advisors have reviewed this Contract, (v) each such Party has agreed to enter into this Contract following such review and the rendering of such advice and (vi) any rule of Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 9 construction to the effect that ambiguities are to be resolved against the drafting Parties shall not apply in the interpretation of this Contract, or any portions hereof, or any amendments hereto. 24. Severability. The invalidity or unenforceability of a particular provision of this Contract shall not affect the other provisions hereof, and this Contract shall be construed in all respects as if such invalid or unenforceable provision were omitted. 25. Date for Performance. If the time period by which any right, option or election provided under this Contract must be exercised, or by which any act required hereunder must be performed, or by which the Closing must be held, expires on a Saturday, Sunday or legal or bank holiday, then such time period shall be automatically extended through the close of business on the next regularly scheduled business day. 26. Condemnation. If prior to Closing, condemnation proceedings are commenced against any "material portion" of the Property, Seller shall promptly give Purchaser written notice of such condemnation and Purchaser may, at its option, either (i) terminate this Contract by written notice to Seller within ten (10) days after Purchaser is advised in writing of the commencement of condemnation proceedings, and the Earnest Money; or (ii) Purchaser shall continue under this Contract in which case Purchaser shall have the right to appear and defend in such condemnation proceedings, and Seller shall assign to Purchaser at Closing all of Seller's right, title, and interest in and to all awards therefor and the Purchase Price shall not be reduced. The term "material portion" means ten percent (10%) or more of area of the Property. 27. Date of Agreement. The submission of this Contract to Purchaser for examination or consideration does not constitute an offer to sell the Property, and this Contract shall become effective, if at all, only upon the full execution and delivery thereof by Purchaser and Seller [SIGNATURE PAGE TO FOLLOW] 10 Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 10 IN WITNESS WHEREOF, the Purchaser has executed this Contract to be effective as of the Effective Date. PURCHASER: New Hanover County, a political subdivision of the State of Caro By: Name: Title: �� v'►�G�-a Date: ATTFCT- This instrument has been pre -audited in the manner required by The Local Government Budget and Fiscal Control Act. Finance Director This instrument is approved as to form and legal sufficiency. A A CountyrnefA-0 - Signature Page Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 11 IN WITNESS WHEREOF, the Seller has executed this Contract to be effective as of the Effective Date. SELLER: Jerry A. Mannen, Jr. , Commissioner me: Jerry A. Mannen, Jr. Title: Commissioner Date: r Signature Page Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 12 EXHIBIT A Property BEING all of New Hanover County Parcel Identificaiton Number R06500-005-002-000 and being the same property described in Book 348 at Page 230 of the New Hanover County Registry less and except that certain property conveyed to the City of Wilmington by deed recorded in Book 1431 at Page 1069 of the New Hanover County Registry containing 1-553 acres, more or less. SUBJECT TO: (i) ad valorem taxes for the current and subsequent years, if any; (ii) all easements, rights of way, agreements, restrictions and other matters of record; (iii) all governmental land use statutes, ordinances and regulations, including zoning, subdivision and building regulations; (v) any matters which an accurate survey or physical inspection of the Property may show; and, (vi) applicable restrictive covenants, if any. A-1 Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 13 --- ----- -- ----- - - - ---------------------------- Page- 1 Check Number: 005668" 90wift Amwrd 0 ds 3116iiINVO3182025 SALES CONTRACT FLOSSIE BRYAN PROPERTY/EARNEST $1,000.00 GL-1 1008100 - 700542 Nff PV 0 0 co U CD vWd" Ver4w Nam D*rk NO. DOS Ch6* A�qpuht 43523 YOW, FOX & MANNEN, LLP 400566844 03/18/2025 $1,000.00 C __;!Mty_! Aqwrpl &4xLn 2aO.Opmernmoink Comer- Dijy"uite. 165,wimington, NC. 28403 - PLEASE- DETACH BEFORE DIEPOSITING. CHECK AP ------------- - ------ - ------------------ ---------------------- Vendor Check Check 966"WOR THEVAYM&T Or Ttifi,&W- Date Number 813 &T Numlier T1 A S S,9EEN'fi14W5YANAPPP4PFUA1 ONDULY W*=�BC0405 OR*OTES 0MyAVr"0Fft—D 43523 03/1812025 00566844 664121531 Uh � TOOE LOCa G00RRW-$.YW*ET iO FftAL VOID 90 DAYS FROM DATE OF ISSUE Now Habover County AMOUNT Gene ralAccount -$1'0 00.00 :'ay.. Ob-0 Tho-V660d P611ge-4 Md 00 ioenW'•---- to f%]G YOVVI VO(&MA1 NEN, I�LpNow Hanover County General Account -'' pr T L18 #or Of 10 N. 6 H AVENUE P0 4fig �UNIQ W 2840Z A uthonzed Signarijie MP lie 0 0 5 6 6 8 It to V 1:0 5 3 101 L 2 Ill: 0005108 L ? L 3 26115 Board of Commissioners - May 5, 2025 ITEM: 14- 1 - 14 AGENDA: May 5, 2025 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2025 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, 2025. Section 1: Details of Budget Amendment Strategic Focus Area: Sustainable Land Use and Environmental Stewardship Strategic Objective(s): Ensure development compliments natural features. Fund: 117 Revenue Stabilization Fund Expenditure: Decrease Increase Total BA 25-052 Capital Outlay -Flossie Bryan Land $ - $ 3,866,667 $ 3,866,667 Total $ - $ 3,866,667 $ 3,866,667 Revenue: Decrease Increase 11 Total BA 25-052 Fund Balance $ - $ 3,866,667 11 $ 3,866,667 Total $ - $ 3,866,667 $ 3,866,667 Prior to Actions Today Total if Actions Taken Department Budget $ 6,554,696 $ 10,421,363 Appropriated Fund Balance $ 443,713 $ Section 2: Explanation BA 25-052 amends the budget to fund the Flossie Bryan land purchase. 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) 25-052 amending the annual budget ordinance for the fiscal year ending June 30, 2025, is adopted. Adopted, this 5th day of May, 2025. (SEAL) William E. Rivenbark, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 5, 2025 ITEM: 14- 2 - 1 '8 Flossie Bryan Land Tract Eric Credle, Chief Financial Officer Flossie Brvan Land Tract 3990 Independence Boulevard Appx. 60 acres - Undeveloped County is already 2/3 owner via estate of Flossie Bryan who passed away in 2003 $11,600,000 million total purchase price (including county's 2/3) Net cost to county is $3,866,667 • To be funded with corpus of Revenue Stabilization Fund • With intent to be repaid by General Fund - $463,925.49 - 10 yrs. Environmental due diligence noted a finding related to nearby property Upset bid process has been completed NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Regular DEPARTMENT: Planning PRESENTER(S): Ryan Beil, Development Review Planner CONTACT(S): Ryan Beil; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z25-04) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Terry Dean, Rita English, Justin Slack, and Martin Pollack, property owners, to rezone two parcels totaling approximately 1.94 acres located at 1609 and 1617 Middle Sound Loop Road from the R-20S, Residential district to a general use R-20, Residential district. BRIEF SUMMARY: The applicant is proposing to rezone two parcels totaling approximately 1.94 acres from R-20S Residential district to R-20 Residential. According to the applicant, the requested R-20 zoning district is more appropriate for the applicants as opposed to the current R-20S zoning district, because the R-20 zoning district allows for the construction of Additional Dwelling Units (ADUs). The properties were initially zoned R-20 in 1970 and were rezoned as part of the creation of the R-20S district in 1988. At the time, the purpose of the R-20S district was to provide lands to accommodate primarily low -density single-family development. The differences between the two districts are that the R-20S district does not allow for ADUs, performance residential developments, or mobile homes. Because performance development is not allowed, the ordinance does not prescribe a maximum density for residential development. The county adopted provisions to allow ADUs in 2022, within Text Amendment (TA) 22-02, which amended Articles 2 and 4 of the UDO allowing ADUs in all residential zoning districts except AR and R-20S, as these districts were specifically designed to reduce density and impervious surfaces to assist in limiting environmental impacts. The proposed project is located along a minor collector road, Middle Sound Loop, that currently has available capacity. It is estimated the site would generate approximately 4 am and 5 pm peak hour trips if developed under current zoning. The proposed R-20 zoning is estimated to generate 7 am and 9 pm peak hour trips, increasing the number of peak hour trips by approximately 3 am and 4 pm. The project is a straight rezoning and thus a TIA is not required. This area is classified as General Residential by the 2016 Comprehensive Land Use Plan (Comprehensive Plan). This place type focuses on lower -density housing and associated civic and commercial services with a recommended density up to 8 dwelling units per acre. Under conventional subdivision standards the properties would not be subject to density maximums. The maximum number of units that would be allowed, including ADUs, is 8, which is within the recommendations of the Comprehensive Plan. Given the adjacent R-15 zoning which also allows ADUs, the proposed rezoning would provide a transition between R-20S and R-15 districts. The Planning Board considered this application at its April 3, 2025 meeting. Two members of the public spoke in opposition to the request, citing concerns about traffic, stormwater issues, and current established neighborhood Board of Commissioners - May 5, 2025 ITEM: 15 character. Planning Board member Clark Hipp expressed concerns about straight rezonings, whilst the other board members present took no exception to this case, citing the scale of the project and the inevitability of further cases involving ADU s. The Planning Board voted 5-1 (Clark Hipp dissenting) to recommend approval of this application. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the R-20 Residential zoning district would provide uses and densities in line with the General Residential place type. They also found RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow an increased diversity of housing options in an area outside of a flood hazard area. STRATEGIC PLAN ALIGNMENT: • Sustainable Land Use & Environmental Stewardship o Through planned growth and development, residents have access to their basic need ■ Connect residents to basic needs through a variety of housing and transportation options. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The property is located on Middle Sound loop, an area of the County that has seen increased interest and growth due to the desirable location while also increasing access to public water and sewer. The surrounding area is predominantly residential and is classified as General Residential by the 2016 Comprehensive Plan, which focuses on lower -density housing and associated civic and commercial services. Rezoning to R-20 would also provide a transition between the R-20S and the R-15 residential districts while continuing to provide uses and densities in line with the General Residential place type The proposed straight rezoning to R-20 is generally CONSISTENT with the Comprehensive Plan because the rezoning would provide uses and densities in line with the General Residential place type . As a result, Staff recommends APPROVAL of the proposal. Please refer to the Script for suggested and alternative motion language. ATTACHMENTS: Z25-04 BOC Rezoning Script Staff Presentation Z25-04 Staff Report BOC Z25-04 Zoning Map Z25-04 Future Land Use Map Z25-04 Mailout Map Z25-04 Application Corer Sheet Z25-04 Application Z25-04 R 20 District Cutsheet Z25-04 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Denied 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 15 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z25-04) Rezoning Request — (Z25-04 — Middle Sound Loop Straight Rezoning) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Terry Dean, Rita English, Justin Slack, and Martin Pollack, property owners, to rezone two parcels totaling approximately 1.94 acres located at 1609 and 1617 Middle Sound Loop Road from the R-20S, Residential district to a general use R-20, Residential district. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the R-20 Residential zoning district would provide uses and densities in line with the General Residential place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow an increased diversity of housing options in an area outside of a flood hazard area. Board of Commissioners - May 5, 2025 ITEM: 15- 1 - 1 Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the R-20 Residential zoning district would provide uses and densities in line with the General Residential place type. I find DENIAL of the rezoning request is reasonable and in the public interest because the rezoning would potentially impact the single-family residential character of the area by allowing an increase in potential density. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to an R-20 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - May 5, 2025 ITEM: 15- 1 - 2 Case Z25=04 Rezoning Request: 1.94 acres from R-20S to R-20 Applicant: Cindee Wolf, Design Solutions Property Owners: Terry Dean & Rita P English, and Justin Adam Slack Ryan Bed Development Review Planner ZONING o�. em se �ah c, 0�11; Zoning R-15 R-20 R-205 ` CZD Z25-04 , �(x A Mason Landing Rd AERIAL Site C O� _- Mason Landing Rd - - - Af 13 Z25-04 Neu arYover c.r ry NC Existing Conditions Dimensional Standards Zoning District - -0 Front setback 30 feet 30 feet Rear setback 25 feet 25 feet Interior side setback 15 feet 1.5 feet Street side setback 22.,E feet 2 2.5feet Minimum lot size 20,000 square feet 201000 square feet Maximum building height 40 feet 40 feet Unit Count Differences • Potential location of Single -Family Dwellings R-20S H%otential z4_�Ili 1 -10 location of Single -Family Dwellings R-20 location of ADUs Accessory Dwelling Unit Specifications • The total gross floor area shall not exceed 1,200 square feet • Limited to 1 ADU per lot • Must be located in the rear yard completely behind the plane of the front facade of the principal structure unless constructed over a detached garage Planning and Land Use May 5, 2025 Slide 8 Planning and Land Use May 5, 2025 Slide 9 Planning & Land Use May 5, 2025 Slide 10 Site Access Site Access �P Primary Access: Middle Sound Loop Rd M PS�� �NO1NG �D New Han er County NC Trip Generation Traffic Generated by Existing Development Traffic Generated by By -Right Development under Current Traffic Generated by By -Right Development under Proposed Zoning Potential Impact of Proposed Designation 1 Single -Family Dwelling 1 AM / 1 PM 4 Single -Family Dwellings 4 Single -Family Dwellings, 4 Accessory Dwelling Units 4AM/5PM 7AM/9PM Maximum Potential Increase of 6AM/8PM Student Generation Students Generated by Existing Development: Students Generated by Maximum Density of Current Zoning: Students Generated by Maximum Density of Proposed Zoning 1 Single -Family Dwelling 4 Single -Family Dwellings 4 Single -Family Dwellings with Four Accessory Dwelling Units Tota 1: 0 (0 Elementary, 0 Middle, 0 High) Tota 1: 0 (0 Elementary, 0 Middle, 0 High) Tota 1: 2 (1 Elementary, 0 Middle, 1 High) Compatibility • This rezoning could allow for a transition of development from R- 15 to R-20S in an area where there is already a mix of R-151 R-20, and R-20S. • R-20S was designed to keep density low to protect environmentally sensitive areas. The accessibility of water through Carolina Water Systems and public sewer through CFPUA in the Middle Sound Loop corridor allows for an increase in development density while helping to minimize environmental impacts to sensitive areas. Strategic Plan Sustainable Land Use & Environmental Stewardship wired Outcomes 95of ncsidenbal units are within a 1 0-minute drive of health Through planned growth and Connect residents to bask needs ca re, ch ild ca re, groc ery 5to rep a n d p h armacies development, residents have th:rough a variety -of housing arid a€cess t� their basic needs. transportation o�tior��. I n crease the housing s u pp Iy to a level of one yes identiial u nip per two restde n es New Hanover County Future Land Use Map All- 9 � i Xtt 0-4 L co Em 4 L ua sa LC.-CormxEo CeE v L N 0. co ae Ln r.,,.. ,_� 0� L w The Future Land Use Map Is not legally bindl ng like the New Hanover County Zoning Map. It -s intended a be a general representafan of the 25 year v s on 1 for Naw Hanover County created by the ct'zans who were nvnlvatl with Plan NHC and will he used to glide future development dec9 ons. liih-a 2016 Comprehensive Plan Place Type: General Residential Planning Board Action • The Planning Board considered this item at their April 3, 2025 meeting • The Board voted (5-1) to recommend approval of the request, finding it consistent with the Comprehensive Plan because the proposed district would still align with the desired density of the place type while accommodating for the continued growth of New Hanover County. • The Board also found recommending approval was reasonable and in the public interest because the rezoning would benefit the community by providing more housing options. Z25-04 Y\ Mason Landing Rd ,6' 0 N STAFF REPORT FOR Z25-04 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z25-04 Request: Straight Rezoning to an R-20 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Terry Dean & Rita P English, and Justin Adam Slack Location: Acreage: 1609 and 1617 Middle Sound Loop Road 1.94 acres PID(s): Comp Plan Place Type: R04509-007-010-000, R04509-007-01 1-000 General Residential Existing Land Use: Proposed Land Use: The property would be allowed to be Single Family Residential developed in accordance with the R-20 district. Current Zoning: Proposed Zoning: R-20S, Residential R-20, Residential SURROUNDING AREA LAND USE ZONING North Single Family Residential R-15 East Single Family Residential R-20S South Single Family Residential R-15 West Single Family Residential R-15 Z25-04 Staff Report BOC 5.5.2025 Page 1 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 1 AERIAL Norih SiteJ \ GAP _ - - - Mason L�nding Rd ZONING HISTORY May 18, 1970 Originally zoned R-20 (Area 3) January 4, 1988 Rezoned to R-20S at the request of Middle Sound Loop residents to limit residential density. COMMUNITY SERVICES Water/Sewer Private water through Carolina Water Systems, and public sewer through CFPUA are present in this area. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover Ogden Station Schools Ogden Elementary, Noble Middle, and Laney High Schools Recreation Pages Creek Park Reserve CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z25-04 Staff Report BOC 5.5.2025 Page 2 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 2 APPLICANT'S PROPOSAL • The applicant is proposing to rezone two parcels totaling approximately 1.94 acres from R-20S Residential district to R-20 Residential. • According to the applicant, the requested R-20 zoning district is more appropriate for the applicants as opposed to the current R-205 zoning district, because the R-20 zoning district allows for the construction of Additional Dwelling Units (ADUs). This request is for a straight rezoning, so any approval would allow for all uses outlined for the requested district and could not include conditions. Any future development would be subject to the general development standards for the district outlined in the Unified Development Ordinance (UDO). ZONING CONSIDERATIONS • The properties were initially zoned R-20 in 1970 and were rezoned as part of the creation of the R-20S district in 1988. • At the time, the purpose of the R-20S district was to provide lands to accommodate primarily low -density single-family development. The intent of the R-20S district regulations are to allow development that is compatible with the preservation of the districts' very low -density single-family character, while accommodating residential opportunities for those who desire an exurban, low -density lifestyle. • The purpose of the R-20 district is to provide lands that accommodate primarily very low - density residential development and recreational uses. District regulations discourage development that substantially interferes with the quiet residential and recreational nature of the district. • The R-20 and R-20S districts are similar, having the same dimensional standards in the UDO: Zoning District R-20S R-20 Front setback 30 feet 30 feet Rear setback 25 feet 25 feet Interior side setback 15 feet 15 feet Street side setback 22.5 feet 22.5 feet Minimum lot size 20,000 square feet 20,000 square feet Maximum building height 40 feet 40 feet • The differences between the two districts are that the R-20S district does not allow for ADUs, performance residential developments, or mobile homes. Because performance development is not allowed, the ordinance does not prescribe a maximum density for residential development. • The R-20 district allows ADUs and has a maximum residential density of 1.9 dwelling units per acre for performance residential development. Z25-04 Staff Report BOC 5.5.2025 Page 3 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 3 • The county adopted provisions to allow ADUs in 2022, within Text Amendment (TA) 22-02 which amended Articles 2 and 4 of the UDO allowing ADUs in all residential zoning districts except AR and R-20S, as these districts were specifically designed to reduce density and impervious surfaces to assist in limiting environmental impacts. • Because performance residential development is not permitted in the R-205 district, the maximum conventional buildout would be four 20,000 square foot lots. Each lot would be allowed one detached single-family home for a maximum total of four dwelling units. • The proposed R-20 district could be developed under either the conventional or the performance residential standards: o Conventional residential development could allow up to four detached single-family homes and four ADUs. ■ 1.94 acres = 84,506.4 square feet ■ 84,506.4 square feet / 20,000 square foot minimum lot size for R-20 = 4.2 lots. ■ Fractional numbers below 0.5 are rounded down to the nearest whole number. ■ Each of the four lots would be permitted an ADU. o Performance Residential Development could also allow up to four detached single- family dwellings and four ADUs: ■ 1.94 acres x 1.9 maximum density for the R-20 district = 3.68 units ■ Fractional numbers above 0.5 are rounded up to the nearest whole number. ■ If developed as detached single-family residential units, at maximum build out each lot would also be allowed a one -bedroom ADU. • ADUs are limited to a maximum of 1,200 square feet. The primary difference between ADUs in conventional and performance residential development is Section 4.4.4.A sets a cap of one bedroom for ADUs in performance residential development when development is at the maximum density allowed in the zoning district. • ADUs in conventional subdivisions do not have a limitation on the number of bedrooms. • Additional considerations regarding paved access and stormwater may be required under maximum build out depending on lot design and the amount of impervious surface. • If approved, the project would be subject to the Technical Review Committee and zoning compliance review processes to ensure full compliance with all ordinance requirements. Z25-04 Staff Report BOC 5.5.2025 Page 4 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 4 AREA DEVELOPMENTS Z25-04 Staff Report BOC 5.5.2025 Page 5 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 5 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of four single-family dwelling units. PROPOSED ACCESS Primary Access This site has direct full access on Middle Sound Loop. Because this is a straight rezoning, future site access would be reviewed by the County's TRC and NCDOT. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Middle Sound Loop Type of Roadway NCDOT minor collector Z25-04 Staff Report BOC 5.5.2025 Page 6 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 6 Roadway Planning Capacity 10,978* (AADT) Latest Traffic Volume (AADT) 7, 100 ** Latest WMPO Point -in -Time 13,423 (8/1 /2024) *** Count (DT) Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS EB 6027; Middle Sound Loop Construction of multi -use path south of Market Street Multi -Use Trail from Red Cedar Road to existing trail at corner of (2024 Start Date) Market Street and Middle Sound Loop Road. U4902D Widening of Market Street from SR 1403 (Middle (08/2025 Projected Completion Sound Loop Road) TO SR 2290 (Mendenhall Drive)/ Date) SR 2734 (Marsh Oaks Drive). TRAFFIC GENERATION Potential By - Traffic Right Potential By -Right Generated by Development Development under Present under Proposed Zoning Designation Current Zoning AM Peak Hour Trips 1 4 7 PM Peak Hour Trips 1 5 9 Max build out of four single family dwelling units Assumptions 2Max build out of four single family dwelling units with four ADUs for a total of eight dwelling units TRAFFIC IMPACT ANALYSIS (TIA) Traffic Impact Analyses are not required for straight rezonings as a specific development proposal is required to thoroughly analyze potential trip generation. Z25-04 Staff Report BOC 5.5.2025 Page 7 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 7 SUMMARY The proposed project is located along a minor collector road that currently has available capacity. The sites can be accessed directly from Middle Sound Loop. Traffic Impact Analyses are not required for straight rezonings. While the WMPO's point in time traffic count is above the planning capacity for Middle Sound Loop Road, it is only representative of a section of the road closer to Market Street. Concerns about increased traffic have been expressed by the public in the past, however, the proposed rezoning's additional traffic is a small increase and comparable with potential traffic impacts from the neighboring R-15 zoned neighborhoods. There is the planned construction of a multi -use path south of Market Street from Red Cedar Road to an existing trail at the corner of Market Street and Middle Sound Loop Road that may provide an opportunity to use alternative means of transportation. *For capacity, the only portion of Middle Sound Loop that has been modeled is between Market St and Red Cedar rd. The capacity for this portion is 10,978.25. **Per the WMPO, no data is available at the parcels in question, however, the WMPO does have data for Middle Sound Loop Road from the roundabout to the intersection at West Bedford Road, this is reflected in the 7,100 number above. ***The only WMPO traffic count location along Middle Sound Loop is located behind the Publix, which is the 13,423 number above. ENVIRONMENTAL • This site is not within a Natural Heritage Area. • No known Conservation resources are present • Properties are not in a designated Flood Hazard Area. • The property is within the Pages Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitation) soils. Z25-04 Staff Report BOC 5.5.2025 Page 8 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 8 OTHER CONSIDERATIONS Schools PUBLIC SCHOOL ENROLLMENT ZONES Elementary School Ogden 2024-2025 Capacity 106% Middle School Noble 2024-2025 Capacity 94% High School Laney High 2024-2025 Capacity 1 17% STUDENT GENERATION RATES (SGRs) Overall SGR (24-25) 0.19 public school students per residential unit Elementary School SGR (24-25) 0.08 public school students per residential unit Middle School SGR (24-25) 0.04 public school students per residential unit High School SGR (24-25) 0.07 public school students per residential unit Local Elementary SGR (24-25) 0.15 - Higher than the County -Wide Generation Rate. SGR Trend (20-21 to 24-25) Decrease of 0.05 public school students per residential unit Z25-04 Staff Report BOC 5.5.2025 Page 9 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 9 POTENTIAL PROJECT STUDENT IMPACT Intensity of Current Zoning: Development under current zoning would allow a maximum of four residential units. Maximum Intensity of Proposed Eight residential units Zoning: Students Students Generated by Potential Impact Generated by Proposed of Proposed Current Zoning Zoning Project Elementary School 0 1 1 Middle School 0 0 0 High School 0 1 1 TOTAL 0 2 2 Sources 2024-2025 NHC Student Yield Analysis SUMMARY Both the public elementary school and the high school that serve this area are over capacity. The students generated by the proposed development are minimal, however, and the project should have a limited impact on the area's public schools. While the student generation rate for the Ogden Elementary catchment area is higher than the overall county student generation rate, it would not impact the number of students anticipated to be yielded by the proposed project. New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis The proposed project would allow for the Through planned growth and development, construction of ADUs which could help meet our residents have access to their basic needs. target of increasing the housing supply to a level of one residential unit per two residents. Z25-04 Staff Report BOC 5.5.2025 Page 10 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 10 Representative Developments Existing R-20S Development: 1609 Middle Sound Loop Z25-04 Staff Report BOC 5.5.2025 Page 11 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 11 Representative Development of R-20S: Representative development of R-20: Z25-04 Staff Report BOC 5.5.2025 Page 12 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 12 Context and Compatibility • This project has direct, full access to Middle Sound Loop and is in proximity to two other residential projects: Loblolly Landing, which is a Performance Subdivision containing eight lots that was conditionally rezoned to R-20 in July of 2018, and Mason Harbour Yacht Club, which has 26 lots and was conditionally rezoned to R-15 in May of 2006. • R-20S was designed to keep density low to protect environmentally sensitive areas, which was more necessary when all residences were on wells and septic. The accessibility of water and sewer services in the Middle Sound Loop corridor allows for an increase in development density while still mitigating environmental impacts in sensitive areas. • At full build out these parcels would be able to house eight single-family dwelling units, consisting of four single-family dwelling units and four Accessory Dwelling Units • Currently the nearest community services such as personal, retail, and grocery stores are approximately two miles to the west at Ogden Market Place. • This rezoning could allow for a transition of development from R-15 to R-20S in an area where there is already a mix of R-15, R-20, and R-20S. Density in R-15 is 2.5 units per acre; in comparison, density in R-20 is 1.9 units per acre, while R-20S does not have a stated maximum density because performance residential is not allowed. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE aka �e moo; °aiP� North so 4 00 Aq� Site a Mason Landing M Future Land Use GENERAL RESIDENTIAL g - �i�. \ C; CONSERVATION �� PPk'�'d 0 725-04 Z25-04 Staff Report BOC 5.5.2025 Page 13 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 13 Future Land Use General Residential Map Place Type Focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low -density multi -family, residential, light commercial, civic, and recreational. The parcels are located on Middle Sound Loop, an area of the County that is primarily zoned R-20S and R-15. While the R-20S district does not allow performance residential development, the R-15 district allows residential density up to 2.5 dwelling units per acre. This area is classified as General Residential by the 2016 Comprehensive Plan. This place type focuses on lower -density housing and associated civic Analysis and commercial services with a recommended density up to 8 dwelling units per acre. Under conventional subdivision standards the properties would not be subject to density maximums. The maximum number of units that would be allowed, including ADUs, is 8, which is within the recommendations of the Comprehensive Plan. Given the adjacent R-15 zoning which also allows ADUs, the proposed rezoning would provide a transition between R-20S and R-15 districts. The proposed straight rezoning to R-20 is generally CONSISTENT with the Consistency 2016 Comprehensive Plan because the proposed district would still align Recommendation with the desired density of up to eight dwelling units per acre while accommodating for the continued growth of New Hanover County and reducing the restrictions on the current property owners. PLANNING BOARD RECOMMENDATION The Planning Board considered this application at their April 3, 2025, meeting. Two members of the public spoke in opposition to the request, citing concerns about traffic, stormwater issues, and current established neighborhood character. Planning Board member Clark Hipp expressed concerns about straight rezonings, whilst the other board members present took no exception to this case, citing the scale of the project and the inevitability of further cases involving ADUs. The Planning Board voted 5-1 (Clark Hipp dissenting) to RECOMMEND APPROVAL of this application. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the R-20 Residential zoning district would provide uses and densities in line with the General Residential place type. They also found RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow an increased diversity of housing options in an area outside of a flood hazard area. Z25-04 Staff Report BOC 5.5.2025 Page 14 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 14 STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The property is located on Middle Sound loop, an area of the County that has seen increased interest and growth due to the desirable location while also increasing access to public water and sewer. The surrounding area is predominantly residential and is classified as General Residential by the 2016 Comprehensive Plan, which focuses on lower - density housing and associated civic and commercial services. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the R-20 Residential zoning district would provide uses and densities in line with the General Residential place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow an increased diversity of housing options in an area outside of a flood hazard area. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the Board finds denial appropriate.) I move to DENY of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the R-20 Residential zoning district would provide uses and densities in line with the General Residential place type. I find DENIAL of the rezoning request is reasonable and in the public interest because the rezoning would potentially impact the single-family residential character of the area by allowing an increase in potential density. Z25-04 Staff Report BOC 5.5.2025 Page 15 of 15 Board of Commissioners - May 5, 2025 ITEM: 15- 3 - 15 Case: Z25-04 Zoning n R-15 R-20 R-20S Z25-04 Site Address: 1609 & 1617 Middle Sound Loop Rd or�r Existing Zoning/Use: R-20S Site Proposed Zoning/Use: N R-20 - -- - - Mason Landing Rd --------- —---------� sioner& Nla M:1 -1 I •c:n vcr Case: Site Address: Z25-04 1609 & 1617 Middle Sound Loop Rd Future Land Use GENERAL RESIDENTIAL Q Z25-04 Did Field Rd c, X Comm' stoner IVEM: 1 - 1 Existing Zoning/Use: R-20S Site Proposed Zoning/Use: R-20 t; N 'A Mason Landing Rd Hanover Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z25-04 1609 & 1617 R-20S R-20 Middle Sound Loop Rd ---- - xx I! 040. oar hQ t � _eras Site A Mason Lands 9 `r0 — 00 �. 0, .Qq\ Nearby Properties fr,9�b ` gl Z25-04 0E� Parcels Within 510 - - Board of Commissioners - May 5, 2025 - _ IT Initial Application Documents & Materials Board of Commissioners - May 5, 2025 ITEM: 15- 7 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 plan ningdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION This application form must be completed as part of a zoning map amendment application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart Public Hearing Procedures (Optional) (Optional) Pre -Application Community Conference Information Meeting id review requirements, as well as the standards to be applied 10.3.2 of the Unified Development Ordinance. 1. Applicant and Property Owner Information in reviewing the Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf (See attached Owners' List) Company Company/Owner Name 2 Design Solutions (See attached Owners' List) Address Address P.O. Box 7221 (See attached Owners' List) City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28411 Phone Phone 910-620-2374 (See attached Owners' List) Email Email cwolf@lobodemar.biz (See attached Owners' List) Board of Commissioners - May 5, 2025 Page 1 of 5 ITEM: 15- 8 - 1Zoning Map Amendment Application — Updated 1 2-2020 Included Parcels: Parcel ID No. Tax Map No. 316920.80.5470 R04509-007-1 01 -000 Cifo Arlrlrocc 1609 Middle Sound Loop Road n%Alnor Terry Dean & Rita P. English 1604 Middle Sound Loop Road Wilmington, NC 28411 Tel. 910-284-3414 Email: luvrmml962@gmail.com 1617 Middle Sound Loop Road Justin Adam Slack 1804 Register Lane Wilmington, NC 28411 Tel. 910-444-1621 Email: adam.slack@ccm.com & as Tenants -in -Common Martin Landrum Pollack 745 Lucky Fish Lane Wilmington, NC 28411 Tel. 910-409-4863 Email: martin.pollack@twomen.com 2. Subject Property Information Address/Location Parcel Identification Number(s) (See attached Owners' List) (See attached Owners' List) Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning Future Land Use 1.94 ac.+/- R-20S / Vacant & SF District(s) R_20 Classification General Residential 3. Zoning Map Amendment Considerations Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map amendment meets the following criteria. (attach additional pages if necessary) 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? Board of Commissioners - May 5, 2025 Page 2 of 5 ITEM: 15- 8 - 3Zoning Map Amendment Application — Updated 12-2020 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? 4. How will this zoning change serve the public interest? Board of Commissioners - May 5, 2025 Page 3 of 5 ITEM: 15- 8 - 4Zoning Map Amendment Application — Updated 12-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial ❑ This application form, completed and signed CAW ❑ Application fee: • $500 for 5 acres or less • $600 for more than 5 acres CAW ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW ❑ One (1) hard copy of ALL documents N/A ❑ Acknowledgment and Signatures Form (if applicable) CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW Board of Commissioners - May 5, 2025 Page 4 of 5 ITEM: 15- 8 - SZoning Map Amendment Application — Updated 12-2020 4. Acknowledgement and Signatures I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all of the information and documentation required for this application. Further, I acknowledge that no site work can commence until all applicable approvals and permits are obtained, and that any modifications to approved or proposed plans must be reviewed by the County and may require the submittal of a new application. Signature of Applicant L?y 77 Signature oAApplicant Print Name Cynthia Wolf - Design Solutions Print Name Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a recognized property interest; or by a person authorized to submit the application on their behalf. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - May 5, 2025 Page 5 of 5 ITEM: 15- 8 - 6Loning Map Amendment Application — Updated 1 2-2020 Docusign Envelope ID: 06EABA84-A7B2-406A-BCB2-D79CD6DAOCDC AUTHORITY FOR APPOINTMENT OF AGENT The undersigned owner, Justin Adam Slack do(es) hereby appoint Cindee Wolf / Design Solutions for the purpose of petitioning New Hanover County for a Zoning Map Amendment, as applicable to the property described in the attached petition. The owner does hereby covenant and agree with New Hanover County that said attorney has the authority to do the following acts on behalf of the owner: (1) To submit a proper petition and the required supplemental materials; (2) To appear at public meetings to give representation on behalf of the owner; and This agency agreement shall continue in effect until final disposition of the petition submitted in conjunction with this appointment. 2/24/2025 Date: Agent's Name, Address & Telephone Cindee Wolf / Desian Solutions P.O. Box 7221 Wilmington, NC 28406 Tel. 910-620-2374 Silgnature of Owner: Signed by: S{ Vl 9JAY11 S(A& 3D4F2584A972499_. Board of Commissioners - May 5, 2025 ITEM: 15- 8 - 7 Docusign Envelope ID: 06EABA84-A7B2-406A-BCB2-D79CD6DAOCDC AUTHORITY FOR APPOINTMENT OF AGENT The undersigned owner, Martin Landrum Pollack do(es) hereby appoint Cindee Wolf / Design Solutions for the purpose of petitioning New Hanover County for a Zoning Map Amendment, as applicable to the property described in the attached petition. The owner does hereby covenant and agree with New Hanover County that said attorney has the authority to do the following acts on behalf of the owner: (1) To submit a proper petition and the required supplemental materials; (2) To appear at public meetings to give representation on behalf of the owner; and This agency agreement shall continue in effect until final disposition of the petition submitted in conjunction with this appointment. Date: 2/26/2025 Agent's Name, Address & Telephone Cindee Wolf / Desian Solutions P.O. Box 7221 Wilmington, NC 28406 Tel. 910-620-2374 Signature of Owner: DocuSigned by: 855D7BC6ADD243C_. Board of Commissioners - May 5, 2025 ITEM: 15- 8 - 8 Docusign Envelope ID: 06EABA84-A7B2-406A-BCB2-D79CD6DAOCDC AUTHORITY FOR APPOINTMENT OF AGENT The undersigned owner, Terry Dean & Rita P. English do(es) hereby appoint Cindee Wolf / Design Solutions for the purpose of petitioning New Hanover County for a Zoning Map Amendment, as applicable to the property described in the attached petition. The owner does hereby covenant and agree with New Hanover County that said attorney has the authority to do the following acts on behalf of the owner: (1) To submit a proper petition and the required supplemental materials; (2) To appear at public meetings to give representation on behalf of the owner; and This agency agreement shall continue in effect until final disposition of the petition submitted in conjunction with this appointment. 2/27/2025 Date: Agent's Name, Address & Telephone: Signature of Owner: rSigd by: k'L`Cindee Wolf / Design Solutions �. 8B360B0867944AD_. P.O. Box 7221 Wilmington, NC 28406 Tel. 910-620-2374 Board of Commissioners - May 5, 2025 ITEM: 15- 8 - 9 i. + -J � c �, S �� �� J�, , �- _ , r � , �. . + ., � l r c � F { � _ + r � _ ,. y � ,: .:. �. � ... ' _ �� �, i 'l+r�_ .. Yt . - � _ r �. 'S _ Feyy F ty � `� E " �`. 1�'�1yy���� Jy.. _ r �,�c � ./L`� ..r ��'T e.i � e ,-A • - , �` r�._ ITEM: 15- May 11 NOTES: 1. This Property does not lie within a I % Annual Flood Hard Area per FEMA Firm Panel. 3720316900 K, Flood Zone X, Dated August 28, 2018. 2. Corners marked as noted on map. 3. All bearings relative to NC Grid NAD 8312011. 4. All distances are horizontal field measurements. 5. Area computed by the coordinate method. 6. No known Horizontal Control within 2,000. 7. Known Easements or Rights of Way over property as shown. 8. This Suns ey performed without the benefit ofa Title Opinion. 9. This Property is Zoned R-20s by New Hanover County. Minimum Building Setbacks: Front - 30', Side - 15', Rear - 25. EIP R04509-007-004-000 Lot 46, Treasure Cove Map Book 15, Page 33 r— — — — — — — — R04509-007-010-000 Teny & Rita English Deed Book 5421, Page 2232 N-190,229.35' E= 2,368,461.12' S 48°10'02"E 105.15' EOP Middle Sound Loop - 60' Rl W EIR LEGEND K ® EIP/NIP - Edsting/New Iron Pipe °Qr • EIRINIR - Edsting/New Iron Rod o PK - Existing PK or MAG Nad 51 9 ® Sanitary Sewer Manhole �o� Mason banding Property Line — — - Non -Surveyed Line odor - - Road Right of Way - Road Centerline --------- Mininnunn Building Line VICINITYMAP (NT.S) S 50°06'23" E 105.25' ----- 25'MBL ----- i I I I I I I I I I I I I I I I I I I I I I I I I I � I I � � I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I M I I I AREA W i 42490 SF 1 I I 0.975AC± I I I I I I � I I I I Z I I I I I I I I I I I N I I I � I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L------ 30'MBL----- EIR 106.' 0 ® N 48 59'30" W EIP I, Vennie E. Cavennaugh, Jr., PLS, certify that this plat was drawn by me from air actual field survey made under my supervision from irnformatiorn as noted hereon; that the boundaries not surveyed are clearly indicated as dashed Annes; that the ratio ofprecision as calculated is 1:10,000 - that this survey was prepared within the guidelines of the Standards of Practice for Engineers and Surveyors and is correct to the best of my knowledge and belief. Witness my original Signature, License Number and Seal, this being the I8th day ofJarnuary, 2023 AD. ca4zma, In, Verne E. Cavernaug) Jr., S NCLicennse No. L-4423 Land Surveyor Vemie E. CavenagA, Jr., PLS 2709 Castle Hayne Rd., Lot 48 4PiGuiugton, NC 28401 (910) 512,5045 Email vcsuxveyiu&gmai .com CAR SEAL =_ L-4423 ~' - .fir •. �`.'.• //L��t���lllll,IV1���� V3 Cn EIP �p76 0) Cli 0 Cn EIP R04500-003-001-000 Middle Sound Advent Cluistian Church Map Book 47, Page 353 N-190,159.75' E= 2,368,541.16' N-190,034.60' E= 2,368,636.23' _N_ 48 28'49" W 135.54' Map of Survey For Justin Adam Slack and Martin I.andrurri Pollack SURVEYREFERENCE.• Deed Book 6611 at Page 2940, Map Book 47 at Page 353 Parcel No: R04509-00 7-011 -000 New Hanover County Registry 1617 Middle Sound Loop Rd., Wilmington, NC 28411 Harnett Township - New Hanover County - North Carolina Scale: l "= 50' jai nnary 17, 2023 0 50 100 150 Legal Description for Zoning Map Amendment to Properties at 1609 & 1617 Middle Sound Loop Road Beginning at a point on the northeastern boundary of Middle Sound Loop Road (S.R. 1403), a 60' public right-of-way; said point being located North 48128'49" West, 135.54 feet from its intersection with the northwestern boundary of Mason Landing Road (S.R. 1404), a 60' public right-of-way; and running thence from the point of beginning with the Middle Sound Loop Road right-of-way, North 48059'30" West, 106.07 feet to a point; thence North 48010'02" West, 105.15 feet to a point, the southernmost corner of Lot 41, on a plat recorded among the land records of the New Hanover County Registry, entitled Treasure Cove, in Map Book 15, at Page 33; thence with that subdivision, North 44024'20" East, 399.07 feet to a point; thence South 47054'28" East, 107.75 feet to a point; thence South 50006'23" East, 105.25 feet to a point in the northern line of the Middle Sound Advent Church, shown on a plat recorded in Map Book 47, at Page 353; thence South 43006'34" West, 94.33 feet to a point; thence with that property, South 44033'43" West, 306.26 feet to the point and place of beginning, containing 84,315 square feet, or 1.94 acres, more or less. Board of Commissioners - May 5, 2025 ITEM: 15- 8 - 13 PURPOSE The purpose of the Residential-20 (R-20) District is provide lands that accommodate primarily very low density residential development and recreational uses. District regulations discourage development that substantially interferes with the quiet residential and recreational nature of the district. DIMENSIONAL STANDARDS Standard Single Family Detached Duplex Lot area, minimum (square feet)* 20,000 35,000 1 Lot width, minimum (feet)* 90 90 2 Front setback (feet)* 30 30 3 Side setback, street (feet)* 22.5 22.5 4 Side setback, interior (feet)* 15 15 5 Rear setback (feet)* 25 25 Density, maximum (dwelling units/acre)** 1.9 Building height, maximum (feet)*** 40 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D.) *** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet OTHER DISTRICT STANDARDS 1. Maximum Illumination Levels: • Except for street lighting, all exterior lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in foot candles at ground level at a lot line (see Figure 5.5.4.13: Maximum Illumination Levels) shall not exceed the standards in Table 5.5.4.13: Maximum Illumination Levels. Type of Use Abutting Lot Line Single family detached, two-family (duplex), triplex, and quadraplex dwellings, or vacant land in the R-20 zoning district Maximum Illumination Level at Lot Line (Foot -Candles) Board of Commissioners - May 5, 2025 ITEM: 15- 9 - 1 PRINCIPAL USES KEY * = USE -SPECIFIC STANDARDS APPLY (SEE SECTION 4.3 FOR USE -SPECIFIC STANDARDS) By Right Agricultural Uses -Agricultural and Forestry Uses, General - Stable * - Wholesale Nursery Residential Uses - Dwelling, Dual -Unit Attached - Dwelling, Multi -Family - Dwelling, Quadraplex * - Dwelling, Single -Family Detached - Dwelling, Triplex * - Dwelling, Row -Style - Mobile Home, Doublewide - Family Care Home - Group Home Civic and Institutional - Family Child Care Home - Library - Religious Assembly - Amateur Radio Antennas (up to 90 ft.) * - Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use - Collocation, Wireless * - Non -Substantial Modification - Elementary and Secondary Schools - Emergency Services Facility - Boating Facility, Private Residential - Community Garden - Golf Course - Park and Recreation Area - Utility Lines, Structures, and/or Facilities; General Commercial Uses - Equestrian Facility Industrial Use Waste & Salvage - Landfill, Demolition - Landfill, Landscape Special Use Residential Uses - Dwelling, Two -Family (Duplex) - Mobile Home - Mobile Home Subdivision - Senior Living: Independent Living Retirement Community - Senior Living: Assisted Living Facility * - Senior Living: Continuing Care Retirement Community Civic and Institutional - Adult Day Care - Child Care Center Animal Shelter * Community Center - Lodges, Fraternal, & Social Organizations * - Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications * - Colleges, Universities, and Professional Schools - Vocation or Trade School -Government Offices and Buildings - Hospice - Hospital - Nursing and Rehabilitation Center - Boating Facility, Community - Cemetery * - Marina, Commercial - Marina, Commercial with Floating Structures - Electric Substation Commercial Uses - Indoor Recreation Establishment - Outdoor Recreation Establishment - Kennel * - Bed and Breakfast Inn * - Campground/Recreational Vehicle (RV) Park Industrial Use Waste & Salvage - Commercial Recycling Facility, Large Collection - Commercial Recycling Facility, Small Collection ACCESSORY AND TEMPORARY USES (SEE SECTIONS 4.4.4 & 4.5.4 FOR USE -SPECIFIC STANDARDS) Accessory Uses - Accessory Dwelling Unit - Accessory Structure - Accessory Use, Customary - Dry Stack Boat Storage Facility, at a Marina (Special Use Permit Required) - Electric Vehicle Charging Station - Farm Stand - Home Occupation - Residential Private Pier - Solar Energy Collection Facility, Accessory - RV or Travel Trailer Dwelling - Small Watercraft Storage - Stormwater Facilities on Contiguous Properties - Wind Energy Collection Facility, Accessory Temporary Uses - Construction Office - Debris Site - Farmers' Market - Special Fundraising for Non-profit Organizations - Temporary Emergency Services Facility - Temporary Family Healthcare Structure - Temporary Real Estate Office/Model - Temporary Relocation Housing Board of Commissioners - May 5, 2025 ITEM: 15- 9 - 2 Public Comments In Support Neutral In Opposition Board of Commissioners - May 5, 2025 ITEM: 15- 10 - 1 3/28/25, 4:56 PM Mail - Beil, Ryan - Outlook Outlook Online Form Submission #22205 for Public Comment Form From noreply@civicplus.com <noreply@civicplus.com> Date Fri 3/28/2025 3:15 PM To May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>; Doss, Amy <adoss@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com>; Beil, Ryan <rbeil@nhcgov.com>; Watson, McCabe <mwatson@nhcgov.com> ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name susan Last Name alborell Address 117 Denise Drive City Wilmington State NC Zip Code 28411 Email salborell@gmail.com Please select the case for PB Meeting - Z25-04 - Middle Sound Loop Straight Rezoning comment. What is the nature of your Oppose project comment? Public Comment As a resident in the neighborhood along Canady Rd, I am writing to oppose this rezone. R-20s permits each to build a home. That was the original intention of the zoning. Run off into the watershed should be a major concern. Future additional building there would increase the already increased Board of Commissioners - May 5, 2025 https://outlook.office.com/mail/inbox/id/AAMkAGZmOGY5Y2Y3LTIkZGUJWin 4%A�LTRiMTMOODNiNTBiYgBGAAAAAABymr7SOW37R5PISbP... 1/3 3/28/25, 4:56 PM Mail - Beil, Ryan - Outlook impact on the water concerns as well as upending the original intention. Every rainstorm, water runs in torrents along the road I live on. It's downhill right into Pages Creek. Since I've lived here the runoff has increased exponentially since the building of the neighborhoods surrounding. I would hope you would understand that the water from MSLoop Road also runs downhill into Mark Twain backyards adjacent to the properties in question. Water seeks its own level and it's all downhill from MSL properties in question. Ask thevOages Creek Reclamation Project folks. I would hope you would factor that both the owners, Martin and Adam currently have homes in upscale neighborhoods in the Loop, so Im guessing building a dream home is not the intent. Dividing in the future may may not be. But I hope you will consider that distinct possibility. Is there another reason to have a land planner/developer do the application? Additionally, every added car, every added child on a bike or on a school bus adds to the marked increase in congestion on MSL. "Only 2 cars" becomes 4, becomes 8 becomes ..... Please consider leaving this area be . Go develop where there is more room, fewer environmental concerns, better water management and housing need. It's not here. Respectfully, Susan Alborell 117 Denise Drive. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, csv, As, xlsx, pdf, jpg, png, mp3, mp4, mov. File 1 Field not completed. Board of Commissioners - May 5, 2025 https://outlook.office.com/mail/inbox/id/AAMkAGZmOGY5Y2Y3LTIkZGUJWin 4%A+ LTRiMTMOODNiNTBiYgBGAAAAAABymr7SOW37R5PISbP... 2/3 3/28/25, 4:56 PM Mail - Beil, Ryan - Outlook File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - May 5, 2025 https://outlook.office.com/mail/inbox/id/AAMkAGZmOGY5Y2Y3LTIkZGUJWin 4%AILTRiMTM0ODNiNTBiYgBGAAAAAABymr7SOW37R5PISbP... 3/3 3/31 /25, 8:02 AM Mail - Beil, Ryan - Outlook Outlook Online Form Submission #22362 for Public Comment Form From noreply@civicplus.com <noreply@civicplus.com> Date Sun 3/30/2025 11:07 AM To May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>; Doss, Amy <adoss@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com>; Beil, Ryan <rbeil@nhcgov.com>; Watson, McCabe <mwatson@nhcgov.com> ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name susan Last Name alborell Address 117 Denise Drive City Wilmington State NC Zip Code 28411 Email salborell@gmail.com Please select the case for PB Meeting - Z25-04 - Middle Sound Loop Straight Rezoning comment. What is the nature of your Oppose project comment? Public Comment I sent in previously but wanted to emphasize a couple things: 1. precedent setting rezoning is not a good thing for neighborhoods that have been here since the 50s. 2. There are two properties. Two owners. If they are wanting to -split business matters" as one told me directly, then one of these men should have one of the lots, and the other one take Board of Commissioners - May 5, 2025 https://outlook.office.com/mail/inbox/id/AAMkAGZmOGY5Y2Y3LTIkZGUJWin 4%A�LTRiMTMOODNiNTBiYgBGAAAAAABymr7SOW37R5PISbP... 1/2 3/31 /25, 8:02 AM Mail - Beil, Ryan - Outlook the other lot. Both Adam and Martin likely have the funds to accomodate the .01 acres difference in the properties. Don't burden your neighbors with your 6:j ness split. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 2OMB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, csv, As, xlsx, pdf, jpg, png, mp3, mp4, mov. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - May 5, 2025 https://outlook.office.com/mail/inbox/id/AAMkAGZmOGY5Y2Y3LTIkZGUJWin 4%A�LTRiMTM0ODNiNTBiYgBGAAAAAABymr7SOW37R5PISbP... 2/2 3/31/25, 4:16 PM Mail - Beil, Ryan - Outlook Outlook Online Form Submission #22531 for Public Comment Form From noreply@civicplus.com <noreply@civicplus.com> Date Mon 3/31/2025 3:50 PM To May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>; Doss, Amy <adoss@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com>; Beil, Ryan <rbeil@nhcgov.com>; Watson, McCabe <mwatson@nhcgov.com> ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Bruce Last Name Rogers Address 110 Mark Twain Dr City Wilmington State NC Zip Code 28411 Email brucerogAa gmail.com Please select the case for PB Meeting - Z25-04 - Middle Sound Loop Straight Rezoning comment. What is the nature of your Neutral comment? Public Comment As a homeowner immediately adjacent to this property, I'd like to see the specific development plans in place for these two parcels prior to this rezoning request being approved. Upload supporting files Board of Commissioners - May 5, 2025 https://outlook.office.com/mail/inbox/id/AAMkAGZmOGY5Y2Y3LTIkZGUJWin 4%AZLTRiMTMOODNiNTBiYgBGAAAAAABymr7SOW37R5PISbP... 1/2 3/31/25, 4:17 PM Mail - Beil, Ryan - Outlook If you need to support your comment with documentation, upload the files here. No more than 2OMB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, csv, As, xlsx, pdf, jpg, png, mp3, mp4, mov. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - May 5, 2025 https://outlook.office.com/mail/inbox/id/AAMkAGZmOGY5Y2Y3LTIkZGUJWin 4%A�LTRiMTM0ODNiNTBiYgBGAAAAAABymr7SOW37R5PISbP... 2/2 4/3/25, 8:06 AM Mail - Beil, Ryan - Outlook Outlook Online Form Submission #22676 for Public Comment Form From noreply@civicplus.com <noreply@civicplus.com> Date Thu 4/3/2025 12:37 AM To May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>; Doss, Amy <adoss@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com>; Beil, Ryan <rbeil@nhcgov.com>; Watson, McCabe <mwatson@nhcgov.com> ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Virginia Last Name ONeal Address 7301 Edith Ct City Wilmington State NC Zip Code 28411 Email ganggl2O@gmail.com Please select the case for PB Meeting - Z25-04 - Middle Sound Loop Straight Rezoning comment. What is the nature of your Oppose project comment? Public Comment The back of my property is at the corner of Middle Sound Loop Rd and Mason Landing Rd, within sight of the two lots asking for rezoning. I am opposed to rezoning. This is a residential area of single family homes, a quiet neighborhood with a small church that does not need added traffic by changing to a general use R-20. Changing this zoning would be totally out of character with the rest of the area in order to enhance future Board of Commissioners - May 5, 2025 https://outlook.office.com/mail/inbox/id/AAMkAGZmOGY5Y2Y3LTIkZGUJWin 4%A�LTRiMTMOODNiNTBiYgBGAAAAAABymr7SOW37R5PISbP... 1/2 4/3/25, 8:06 AM Mail - Beil, Ryan - Outlook plans for a developer to expand his one lot to a second lot, which he does not currently own. Thank you. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 2OMB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, csv, As, xlsx, pdf, jpg, png, mp3, mp4, mov. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - May 5, 2025 https://outlook.office.com/mail/inbox/id/AAMkAGZmOGY5Y2Y3LTIkZGUJWin 4%AILOFRiMTM0ODNiNTBiYgBGAAAAAABymr7SOW37R5PISbP... 2/2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Planning & Land Use Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, Planning & Land Use Development Review Supervisor, Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Text Amendment Request (TA25-01) - Request by Tammi Pitts, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, Inc., property owner, to amend Section 4.4.4 Standards for Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as permitted accessory uses to Lodges, Fraternal, & Social Organizations with restrictions BRIEF SUMMARY: The Wilmington Moose Lodge has submitted a text amendment request to add a new accessory use of Recreational Vehicle (RV)/Travel Trailer Dwelling at a Lodge to the primary use of Lodges, Fraternal & Social Organizations. The applicant stated a desire to amend the ordinance to permit a service the Moose Lodge has been providing since the 1980's. The applicant's amendment language proposes RV camping and storage at private benevolent and fraternal lodges with some specific limitations. At the Planning Board's direction, staff worked with the applicant on an alternative amendment that is specific to only RV camping. While staff has prepared an alternative amendment, staff is recommending denial of the request due to previous policy direction, concerns about the compatibility of the combination of uses, and potential impacts to residential areas. This request is tied to a zoning violation, in which the Moose Lodge was cited for hosting RVs overnight and for storage of RVs on the property. Under current zoning regulations, this is not permitted on the site. Since that time, the applicant has come into compliance, but they wish to resume their previous activities legally. Staff has conducted research on other jurisdictions' ordinances where the applicant provided locations of other Moose Lodges that offer RV Camping in North Carolina. While regulations vary, some currently existing RV camping and storage uses at lodges would not be allowed under today's regulations in these jurisdictions. Staff also looked into similar social lodge uses in the City of Wilmington and New Hanover County, one of which offers camping and storage on their property. Lastly, staff's research coordinated with the New Hanover County Environmental Health Department in regard to waste disposal for camping on -site, a major concern for this type of use. Staff generally supports mixed -use developments that serve the surrounding community, but the mix of uses included in the requested text amendment provide fewer direct benefits to nearby residents and business owners. While social lodges primarily benefit local residents, campground uses are more likely to provide benefits to visitors, and RV storage is generally allowed only in commercial or industrial districts in the U DO, unlike the residential areas where social lodges are permitted. The Planning Board considered this item at its March 6, 2025 meeting. While generally supportive of RV camping as an accessory use, they opposed RV storage and requested staff work with the applicant and refine the amendment language. At that meeting, the Planning Board voted to table the request to a future meeting to allow staff to work on the language with the applicant. Board of Commissioners - May 5, 2025 ITEM: 16 Staff worked with the applicant regarding the changes suggested by the Planning Board. The applicant indicated at the March Planning Board meeting that they would be willing to limit the stays on site to 7 days instead of 14. The amendment language was adjusted to limit the stay to 7 days per the applicant's request. In addition, the applicant stated that they already have outdoor restroom facilities onsite for the campers to use. Originally, staff's alternative amendment restricted sites to only having indoor restroom facilities inside the lodge. That requirement has also been removed. The Planning Board then considered the revised alternative amendment at the April 3rd meeting. At that meeting, the Planning Board indicated satisfaction with the language in the alternative amendment, stating that it sufficiently limited this type of accessory use to very specific sites. The Board voted unanimously (6-0) to recommend approval of the staff alternative amendment, finding it to be consistent with the goals of the 2016 Comprehensive Land Use Plan (Comprehensive Plan) to encourage a mix of uses and promote place -based economic development. The Planning Board also found that recommending approval was reasonable and in the public interest because it allows lodges and social organizations to provide customary services for their members, and the proposed amendment is designed to mitigate potential impacts on adjacent properties. The Board's recommended amendment included staff's edits since the March Planning Board meeting, including the removal of all language regarding RV storage on the site. STRATEGIC PLAN ALIGNMENT: Sustainable Land Use & Environmental Stewardship o Through planned growth and development, residents have access to their basic need ■ Connect residents to basic needs through a variety of housing and transportation options. RECOMMENDED MOTION AND REQUESTED ACTIONS: Lodges, Social and Fraternal Organizations are allowed in several locations throughout the unincorporated County, both by -right and through a Special Use Permit. This is a civic use, which typically serves nearby residents. Campgrounds are typically relegated to commercial zoning districts, and serve visitors; these two types of uses function differently from a land use perspective. While staff is not opposed to these types of uses in general, staff has serious concerns about the compatibility of this combination of uses on any one site and the potential impact to nearby areas, particularly residential uses. While the additional revisions reduce the likelihood that this use would be possible in highly residential areas, staff still has reservations about allowing this type of small-scale RV campground use in residential zoning districts given previous policy direction. As a result, staff recommends a denial of the request. Recommended motion language can be found in the attached Script. ATTACHMENTS: TA25-01 BOC Script TA25-01 BOC Staff Report Staff Presentation TA25-01 Public Comments Co\er Sheet TA25-01 Initial Application Corer Sheet Supplemental Map - By -Right Lodges TA25-01 Application Supplemental Map - SUP Lodges Supplemental Map -All Zoning Districts for Lodges Board of Commissioners - May 5, 2025 ITEM: 16 TA25-01 Public Comments Coker Sheet Supplemental Map - By -Right Lodges Supplemental Map - SUP Lodges Supplemental Map -All Zoning Districts for Lodges COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend denial of this request given past board policy direction to limit the expansion of small-scale RV and campground uses in the county given the potential impacts on existing residents and challenges to enforcing standards that would mitigate those impacts. COMMISSIONERS' ACTIONS: Approved 4-0; Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 16 BOARD OF COMMISSIONERS SCRIPT for Text Amendment Application (TA25-01) Request by Tammi Pitts, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, INC, property owner, to amend Section 4.4.4 Standards for Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as permitted accessory uses to Lodges, Fraternal, & Social Organizations with restrictions. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Denial I move DENY the proposed amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.4.4. 1 find it to be INCONSISTENT with the goals of the 2016 Comprehensive Plan to support business success because it provides services that could compete with private businesses. I find DENIAL of the amendment request is reasonable and in the public interest because the amendment allows for too many mixes of uses on generally low -intensity sites. Board of Commissioners - May 5, 2025 ITEM: 16- 1 - 1 Alternative Motion for Approval (If based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds approval appropriate.) I move to APPROVE the Planning Board recommended amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.3.4. 1 find it to be CONSISTENT with the goals of the 2016 Comprehensive Plan to encourage a mix of uses and promote place -based economic development. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it allows lodges and social organizations to provide customary services for their members, and the proposed amendment is designed to mitigate potential impacts on adjacent properties. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed text amendment. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - May 5, 2025 ITEM: 16- 1 - 2 STAFF REPORT FOR TA25-01 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA25-01 Request: Request by Tammi Pitts, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, INC, property owner, to amend Section 4.4.4 Standards for Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as permitted accessory uses to Lodges, Fraternal, & Social Organizations with restrictions. Applicant: Subject Ordinances: Tammi Pitts, Wilmington Lodge #343, Loyal Unified Development Ordinance (UDO) Order of Moose INC Purpose & Intent The applicant's key intent for this amendment is to allow RV and boat storage and limited RV camping as a by -right accessory activity to the use of Lodges, Fraternal, & Social Organizations. BACKGROUND & APPLICANT'S ASK Background & Context Tammi Pitts, Administrator for the Wilmington Moose Lodge has submitted a request for a text amendment to the Unified Development Ordinance (UDO) to add a new accessory use of Recreational Vehicle (RV)/Travel Trailer Dwelling at a Lodge to the primary use of Lodges, Fraternal, & Social Organizations. The applicant stated a desire to amend the ordinance to fit with a service provided by the Moose Lodge since the 1 980's. This request is tied to a zoning violation. In May 2024 the Planning Department received an inquiry about the Wilmington Moose Lodge (4601 Carolina Beach Road) allowing RV and boat trailer storage and RV camping on site. The Moose Lodge site is zoned R-15, Residential and received a Special Use Permit in 1980 (S- 146) to permit the lodge. After receiving the complaint in 2024, Planning staff investigated and determined the property was storing RVs and boats and was allowing lodge members to camp in RVs on site. That activity was determined to be in violation of the UDO because the use of RV and Boat Trailer Storage was not permitted in the R-15 zoning district, and while the use of Campground was allowed in the R-15 district with a special use permit, the lodge had not received approval for a Campground use. Through communication with staff through June -September 2024, The Moose Lodge came into compliance with the ordinance by ceasing all RV and boat storage and RV camping on site by October of 2024. The Moose Lodge would like to resume the RV and boat storage and RV camping operation and have submitted a request to amend the UDO to allow the activities as an accessory use inherent to the typical functioning of their lodge. TA25-01 Staff Report BOC 5.5.2025 Page 1 of 8 Board of Commissioners - May 5, 2025 ITEM: 16- 2 - 1 Applicant's Ask Under the proposed amendment, the RVs would be allowable for private fraternal and benevolent non-profit lodges to use their property for overnight dwelling with specific standards. Those standards are as follows: a. Use is for members only. b. Limited to 14 consecutive days. c. Sanitation must be disposes of in a lawful manner by bringing to an approved sanitation station. d. Maximum of 6 sites. e. Every site shall consist of a minimum of 1,000 sq. ft. to accommodate one camping vehicle. f. Property must have ample parking space for one motor vehicle per campsite. g. Record must be kept of all occupants of the campsites including name and address, member number, dates of occupation, and make, model and license plate of camping vehicle. The request also includes allowing for RV & Boat Trailer Storage for members only, including all standards required for that use in UDO Section 4.3.5.D.1, including one additional standard as outlined below: a. Limited to 30 vehicles. Current Ordinance Language The UDO defines the use of Lodges, Fraternal, & Social Organizations as: "An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities, operated on a nonprofit basis for the benefits of its members, and certified as a non-profit organization by the Secretary of State of the State of North Carolina." This type of use is allowed by right in most commercial districts and requires a special use permit in some residential districts: Allowed By -Right Special Use Permit Reguired B-1, Neighborhood Business RA, Rural Agricultural B-2, Regional Business AR, Airport Residential CB, Community Business R-20, Residential CS, Commercial Services R-20S, Residential O&I, Office & Institutional R-15, Residential PD, Planned Development R-10, Residential UMXZ, Urban Mixed Use Zoning R-7, Residential TA25-01 Staff Report BOC 5.5.2025 Page 2 of 8 Board of Commissioners - May 5, 2025 ITEM: 16- 2 - 2 The use of Campground which includes RV camping requires a special use permit in 6 residential districts and is only allowed by -right in the PD and B-2 zoning districts. The UDO also contains several additional development standards for the use. The use of RV and Boat Trailer Storage is currently only allowed in higher intensity commercial and industrial districts such as the B-2, 1-1, and 1-2 districts. STAFF RESEARCH & ANALYSIS Permissions for Camping and Storage for Lodge in Other Jurisdictions The applicant provided staff with a list of other Moose Lodges in the surrounding area which provide RV camping and storage, including in the City of Wilmington, Pender County, and Onslow County. Staff contacted the Planning Departments in those jurisdictions to determine how RV camping and storage was regulated for lodges. Jurisdiction Camping and Storage? Regulations City of Wilmington, NC Yes - The site included RV camping RV camping and storage are (Elks Lodge) and storage before annexation into not permitted for lodges the city in 1999. City planning staff under the current city zoning stated the camping and storage is regulations. considered a legal non -conformity. Staff could find no record of the initial approvals for those uses. Pender County, NC Yes — The site allows RV Camping and RV camping and storage is (Moose Lodge) storage. permitted under a historic Special Use Permit. These uses would not be allowed under current ordinance. Onslow County, NC No — Onslow County Planning Staff RV camping and storage are (Moose Lodge) stated this location did not have not permitted for lodges camping or storage to their under current regulations. knowledge. Oak Island, NC No — Oak Island Staff confirmed RV camping and storage are (Moose Lodge) there is no camping or storage at this not permitted for lodges location. under current regulations. McDowell County, NC McDowell County staff could not Per McDowell County (Moose Lodge) confirm whether there is RV camping Planning staff, this part of the or storage at this location. County does not have zoning, so this would be unregulated. Based on staff research, regulations vary, and it appears that some currently existing RV camping and storage uses at lodges would not be allowed under today's regulations. TA25-01 Staff Report BOC 5.5.2025 Page 3of8 Board of Commissioners - May 5, 2025 ITEM: 16- 2 - 3 Lodges in the City of Wilmington and New Hanover County Staff also researched locations of currently existing lodges in the unincorporated County. This includes, but is not limited to Elks Lodges, Shrine Clubs, Masonic Lodges, American Legion, and Veterans of Foreign Wars (VFW). Research on similar uses in the surrounding area indicates that other similar lodges in New Hanover County do not offer camping and storage of RVs on their property. Lodge Camping and Notes Storage? American Legion No Located at 702 Pine Grove Drive, inside City of Wilmington. Wilmington Mason No Both are located in City Limits. Lodges (College Dr & Oriole Drive) Wilmington Shrine Club No Located in the unincorporated County. Additional Considerations for Research The UDO also regulates waste disposal for campgrounds/RV parks. Currently, the requirement is that each park provide at least one sewage dumping station approved by the New Hanover County Health Department. The applicant's proposed language is that sewage shall be disposed of at an approved disposal location, but does not specify whether that would be located on or off -site. The New Hanover County Environmental Health Department indicated that the safest method of waste disposal would be on -site. Staff Analysis The UDO considers RV camping in the same land use category as motels and bed and breakfasts, which are regulated differently from civic uses. Campgrounds and Lodges require a Special Use Permit in residential districts, but campgrounds generally need much larger parcels (10-15 acres) compared to lodges (minimum of 2 acres). Despite some regulatory similarities, campgrounds and lodges function differently in terms of land use. Staff previously analyzed a similar request in 2023, which sought to allow small-scale campgrounds in residential areas. Based on previous research, staff recommended requiring a Conditional Rezoning for the small-scale campgrounds- allowing them only within Conditional Rural Agricultural or Conditional R-20 districts. The intent was to enable a level of Board review and public input with safeguards related to the impact of the proposal to the nearby community. The Board of Commissioners denied this text amendment request, finding denial reasonable and in the public interest because the amendment would have significantly increased where RV parks would be allowed and could have generated additional impacts to neighboring residential areas. Additionally, the applicant requests 30 RV storage spaces for lodge sites. Under the UDO, RV and Boat Trailer Storage is only allowed in PD, B-1, B-2, CS, AC, and 1-2 districts, typically in conjunction with self -storage or industrial uses. These facilities have specific regulations, including buffering, access controls, and a prohibition on covered storage. TA25-01 Staff Report BOC 5.5.2025 Page 4 of 8 Board of Commissioners - May 5, 2025 ITEM: 16- 2 - 4 Staff generally supports mixed -use developments when they serve the surrounding community, such as retail, medical, or civic uses. While social lodges primarily benefit local residents, campgrounds cater to visitors, making them less compatible. RV storage, though potentially useful for lodge members, does not align with the lodge's primary function. Ultimately, the combination of a lodge, campground, and RV storage raises concerns about compatibility with residential areas. Staff's alternative amendment requires sites with this use to be located only along major arterial roads which are largely commercial, intending to reduce the impact to neighborhood roads and residential uses. While staff is not entirely opposed to such developments, this particular mix of uses is problematic due to the large numbers of locations the uses could potentially be allowed outside commercial locations. However, if the Board deems them appropriate, staff has drafted language that could integrate these uses into the existing ordinance framework. If the Board wishes to adopt the below alternative amendment, the applicant and any other lodges wanting to include RV camping or storage uses on -site would have to update their sites to comply with these standards. Applicants for this use would be required to design the site to fit these standards and obtain site plan approval. This includes either Technical Review Committee approval or Special Use Permit and then Technical Review Committee approval. Staff has prepared maps, included in the packet, that show where in the County lodge uses are allowed by -right and by Special Use Permit. Based on the applicant's proposed language, RV Camping and storage would be allowed in several places in the County. Staff's narrower language would limit this to only places along major arterial roads, including but not limited to College Road, Castle Hayne Road and Carolina Beach Road. PLANNING BOARD ACTION The Planning Board considered this item at their March 6 meeting. The Board discussed the different requirements for RV Storage and RV Camping, stating they were generally supportive of some kind of RV camping with lodges but were not supportive of RV storage for lodge uses. The Board indicated it wanted staff to work with the applicant to refine the proposed ordinance language for limited RV camping as an accessory to lodges. At that meeting, the Planning Board voted to table the request to a future meeting to allow staff to work on the language with the applicant. Staff worked with the applicant regarding the changes suggested by the Planning Board. The applicant indicated at the March Planning Board meeting that they would be willing to limit the stays on site to 7 days instead of 14. The amendment language was adjusted to limit the stay to 7 days per the applicant's request. In addition, the applicant stated that they already have outdoor restroom facilities onsite for the campers to use. Originally, staff's alternative amendment restricted sites to only having indoor restroom facilities inside the lodge. That requirement was removed. The Planning Board then considered the revised alternative amendment at the April 3rd meeting. At that meeting, the Planning Board indicated satisfaction with the language in the alternative amendment, stating that it sufficiently limited this type of accessory use to very specific sites. The Board voted unanimously (6-0) to recommend approval of the staff alternative amendment, finding it to be consistent with the goals of the 2016 Comprehensive Plan to encourage a mix of uses and promote place -based economic development. The Planning Board also found that recommending approval was reasonable and in the public interest because it allows lodges and social organizations to provide customary services for their members, and the proposed amendment is designed to mitigate potential impacts on adjacent properties. The Board's recommended TA25-01 Staff Report BOC 5.5.2025 Page 5 of 8 Board of Commissioners - May 5, 2025 ITEM: 16- 2 - 5 amendment included staff's edits made following the March Planning Board meeting, including the removal of all language regarding RV Storage on the site. PLANNING BOARD RECOMMENDED AMENDMENT The Planning Board recommended text amendment is below, with red italics indicating proposed new language. Article 4: Uses and Use -Specific Standards Section 4.3.3.111.3 Lodges, Fraternal, and Social Organizations Lodges, Fraternal, and Social Organizations in all residential districts shall comply with the following standards: a. All new sites shall be a minimum of two acres in size. b. Structures shall have side and rear setbacks of 50 feet and front yard of at least 25 feet greater than that required for single family residences within the district located. c. Provisions for food, refreshments, and entertainment for club members and their guests may be allowed in conjunction with such use if the Board of County Commissioners determines that said provisions will not constitute a nuisance. d. RV Camping Generally. - The property must be a minimum of 5 acres in size. ii. RV camping is only permitted on the same parcel as the primary lodge facility. iii. Existing lodges that want to add RV camping as an accessory use must go through the required zoning approval process for the use of Lodges, Fraternal, and Social Organizations required by the property's underlying zoning district. iv. RV camping is only allowed as a secondary use to a non-residential structure. V. The property must have direct access to a major arterial road, as classified by the WMPO Roadway Classification. vi. No camping is allowed within a designated flood zone. vii. Vehicles and RVs cannot be parked overnight in spaces required for lodge parking. viii. All RV camping must be located behind the primary building and cannot be in the front or side yard. ix. RV camping next to properties zoned or used residentially must comply with the setback requirements for B-2 uses, as outlined in Table 3.1.3.C.7. TA25-01 Staff Report BOC 5.5.2025 Page 6 of 8 Board of Commissioners - May 5, 2025 ITEM: 16- 2 - 6 X. The RV camping must be screened from adjacent properties zoned or used residentially with a Type A: Opaque Buffer. xi. Outdoor lighting must not exceed 72 feet in height, and illumination at the property line cannot be greater than 0.5 foot-candles. xii. The length of stay shall be no more than 7 consecutive days. xiii. A maximum of six RV camping sites are permitted on the property. xiv. Each RV camping space must be at least 7,200 square feet, clearly marked with permanent markers or monuments, and provide a parking space for one non -RV motor vehicle. xv. RV camping areas must have at least one approved dumping station. xvi. If a sewage dumping station is not available through a local Utility Authority (such as CFPUA or AQUA), then approval for a sewage dumping station must be granted by New Hanover County Health and Human Services, New Hanover County Environmental Health, an Authorized On -Site Wastewater Evaluator, a Professional Engineer licensed under Chapter 89C, or through DEQ. xvii. No sewage disposal system can be installed, altered, or used without approval from the New Hanover County Health Department. xviii. The lodge operator is responsible for maintaining an accurate register of all campers. This register must be available for inspection by law enforcement, public health officials, and other authorized personnel. The register must include: 7. Names and addresses of all occupants. 2. Dates of arrival and departure. 3. License plate numbers (including state of issuance), vehicle make, and type for each vehicle on -site. TA25-01 Staff Report BOC 5.5.2025 Page 7 of 8 Board of Commissioners - May 5, 2025 ITEM: 16- 2 - 7 STAFF RECOMMENDATION Lodges, Social and Fraternal Organizations are allowed in several locations throughout the unincorporated County, both by -right and through a Special Use Permit. This is a civic use, which typically serves nearby residents. Campgrounds are typically relegated to commercial zoning districts and serve visitors; these two types of uses function differently from a land use perspective. While staff is not opposed to these types of uses in general, staff has serious concerns about the compatibility of this combination of uses on any one site and the potential impact to nearby areas, particularly residential uses. While the additional revisions reduce the likelihood that this use would be possible in highly residential areas, staff still has reservations about allowing this type of small-scale RV campground use in residential zoning districts given previous policy direction. As a result, Staff recommends denial of the request and suggests the following motion: I move DENY the proposed amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.4.4. 1 find it to be INCONSISTENT with the goals of the 2016 Comprehensive Plan to support business success because it provides services that could compete with private businesses. I find DENIAL of the amendment request is reasonable and in the public interest because the amendment allows for too many mixes of uses on generally low -intensity sites. However, staff has prepared an amendment that would allow this combination of uses to function within specific parameters. If the Board feels that sufficient information is presented at the hearing to allow for them to make a recommendation of approval, they may elect to proceed with an alternative motion: Alternate Motion for Approval: I move to APPROVE the staff -prepared amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.3.4. 1 find it to be CONSISTENT with the goals of the 2016 Comprehensive Plan to encourage a mix of uses and promote place -based economic development. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it allows lodges and social organizations to provide customary services for their members, and the proposed amendment is designed to mitigate potential impacts on adjacent properties. TA25-01 Staff Report BOC 5.5.2025 Page 8 of 8 Board of Commissioners - May 5, 2025 ITEM: 16- 2 - 8 TA25=01 RV Camping at Lodges Text Amendment Applicant: Tammi Pitts, Wilmington Moose Lodge #343 Zach Dickerson NHC Senior Planner, Planning &Land Use Applicant Request • Add a new accessory use of Recreational Vehicle (RV)/Travel Trailer Dwelling at a Lodge to the primary use of Lodges, Fraternal, & Social Organizations. • The applicant stated a desire to amend the ordinance to fit with a service provided by the Moose Lodge for several years. Applicant's Request, Cont'd RV or Trailer Dwelling at a Lodge 1. To allow lodges to host RV campers on their property overnight, and to store RVs on -site. 2. 2. Allowable for RV and boat/trailer storage for members only according to all provisions set forth in Section 4.3.5.D.1 , Recreational Vehicle and Boat Trailer Storage Lot. Lodges, Fraternal and Social Organizations Lodges, Fraternal, & Social Organizations are defined as: "An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities, operated on a nonprofit basis for the benefits of its members, and certified as a non-profit by the Sec. of State of the State of NC." Allowed By -Right Special Use Permit Required 9-1, Neighborhood Business RA, Rural Agricultural B-, Regional Business AR, Airport Residential B, ornpriunity Business R-0, Residential S, Commercial Services R- 0S, Residential I, Office & Institutionc:1 R-15, Residential PD, Planned Development R-10, Residential U1.1'..X2, Ur1=.c:n P5.'ti ed Use Zoning R- , Residential Lodges, Fraternal and Social Organizations Residential Districts: Special Use Permit Required Commercial Districts: Permitted By - Right All Permitted Areas Ciry of VVIrMingfo-t - 1 � I Fraternal & Social Lodges f Special Use Permit Required Allowed Ely -Right Planning Board Action • At the April 3rd meeting, the Planning Board discussed this item. • While the Board was generally supportive of allowing some RV camping on the site with the lodges, they were not supportive of storage on -site. • The Planning Board recommended the Staff Alternative amendment for approval. Planning Board Recommended Amendment RV camping And sterago generally- The following apply to viii. Vehicles and RVs cannot be parked overnight in RV camping and- RV storage at a lodge: spaces required for lodge parking. The property must be a minimum of 5 acres in size. ii. RV camping anrJ/nr R\/ storage is only permitted on the same parcel as the primary lodge facility. iii. Existing lodges that want to add RV camping er R sterage-as an accessory use must go through the required zoning approval process for the use of Lodges, Fraternal and Social Organizations required by the property's underlying zoning district. iv. Lodges with b-e� RV camping and RNI storage must clearly designate separate areas for each accessory use. No RV camping is permitted in areas designated for RV storage. V. RV camping anclnr RN1 storage is only allowed as a secondary use to a non-residential structure. vi. The property must have direct access to a major arterial road, as classified by the WMPO Roadway Classification. vii. No camping or storage is allowed within a designated flood zone. ix. All RV camping and stera -e must be located behind the primary building and cannot be in the front or side yard. X. RV camping and gst„ra -e areas next to properties zoned or used residentially must comply with the setback requirements for B-2 uses, as outlined in Table 3.1.3.C.1 xi. The RV camping and st^ral �areas must be screened from adjacent properties zoned or used residentially with a Type A: Opaque Buffer. xii. Outdoor lighting must not exceed 12 feet in height, and illumination at the property line cannot be greater than 0.5 foot-candles. Planning Board Recommended Amendment RV cam pmig-: xiii. The length of stay shall be no more than 44-7 xix. consecutive days. xiv. A maximum of six RV camping sites are permitted on the property. xx. xv. Each RV camping space must be at least 1,200 square feet, clearly marked with permanent markers or monuments, and provide a parking space for one non -RV motor vehicle. xvii. RV camping areas must have at least one approved sewage dumping station. xviii. If a sewage station is not available through a local Utility Authority (such as CFPUA or AQUA), then approval for a sewage dumping station must be granted by New Hanover County Health and Human Services, New Hanover County Environmental Health, an Authorized On -Site Wastewater Evaluator, a Professional Engineer licensed under Chapter 89C, or through DEQ. No sewage disposal system can be installed, altered, or used without approval from the New Hanover County Health Department. The lodge operator is responsible for maintaining an accurate register of all campers. This register must be available for inspection by law enforcement, public health officials, and other authorized personnel. The register must include: xxi. Names and addresses of all occupants. xxii. Dates of arrival and departure. xxiii. License plate numbers (including state of issuance), vehicle make, and type for each vehicle on -site. Lodges, Fraternal and Social Organizations Residential Districts: Special Use Permit Required Commercial Districts: Permitted By - Right All Permitted Areas N � r t r P CGry of Wdrnir�glnu. -. Fraternal &L 5ocial Lodges Special Use Permit Required Allowed By -Right Principal Arterial Staff Recommendation • Lodges, Social and Fraternal Organizations are allowed in several locations throughout the County. • This is a civic use, which typically serves nearby residents. • Campgrounds and storage are typically relegated to commercial and industrial zoning districts. • While staff is not opposed to these types of uses in general, staff has serious concerns about the compatibility of this combination of uses on any one site and the potential impact to nearby areas, particularly residential uses. • As a result, staff recommends denial of the request. NEW HANOVER COUNTY I the model of good governance Mgovxom Board of Commissioners Public Hearing -"qqqN Adoption into Unified Development Ordinance Initial Application Documents & Materials Board of Commissioners - May 5, 2025 ITEM: 16- 4 - 1 NEW H,A N VER COUNTY DEPARTMENT OF PLANNING & LAND USE -230 Govemnumt Center Drive, Suite 1 10 limingtan, North Corolino 26403 Telephone (910) 799-7165 FAX (910) 798-7053 pla:lnin!gd mlopment.nhcgov.cam UDO TEXT AMENDMENT APPLICATION This application form must be completed as part of a text arnerndment application submitted through the coVnty's online COAST portal, The moin procedural steps in ft submittat and review of applications ore outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the oppli€atian, are sex out in Section 10.3.1 of the Unified Development Ordinonce. (Optional) Pre -Application Conference 1. Appikanf Information Fume company Address t City, Ante, Zip Email q - .. PubMic Nearing Prp-C¢¢y,res Board of Commissioners - May 5, 2025 Doge 1 of 3 ITEM: 16- 5 - 1 Text Amendrnen? Application — Updated 12-20-20 . Proposed Amendment Current Unified Development Ordinonee (UDO) Artide: Current UDO Sectianfs) arrd Subs ;ort(g); MW.�-. Pr*pose arhenrirnerrtto the section s)j ubsee+ivn(s) (t ch ad i#ional pbgvs if necessary): I �rF+ 0-99 { iM 4 M 41 ' V 'kL1 +{rf\l Reas n for request, cuing consistency with 2016 Comprehensive Phan and any other relevant plans, development trends, problertts posed by existing iangwage +, etc. (attach additionaI pages if necessary): co �'DA(ys r\aai"U-I�k& +'-) t�U-r ry)t4y'b;� Dr 4- fir' C. OL �r F off- i�M �w�~ � � (- , s f I 1� �-,�, l �e lam oral Board of Commissioners - May 5, 2025 Page 2 of 3 ITEM: 16- 5 - 2 Tc=x-. Amendmenr Application — Updated 1 2-2020 toff will use the following cl-tecklist to determine the corn pleteness of }tour application. Please verify all of the listed items care included and oonform by initialTng under "Applicant Initial". Applications determined to be Tncomplete must be corrected in order to be processed for further review. Application Check&t Appkaw 1nit d ❑ This application form, completed and signed ❑ Application fee: $400 ❑ One copy of ALL documents. Addis-bnol hoed copies may be required by staff depanding i rn the size of the docurnerd. $F 3. Acknowledgement and Signatures By my signature below, i understand and accept all of the conditions, limitations and obligotions of the text amendment for which I am applying. 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- 4' , Signature of Applicant(s) Print Narne(s) R if are applicanf requests defoy of consideration from the Nanning Board or Board of County Commissioners before notice has been seat fo the newspaper, the item wJ1 be cofendarwl for the next meeting and no fee will be required. if delay is requeaed offer notice has been sent fo the newspaper, the Board will act on the request of Me scftedelecl meeting and are aFrder no obfigation to grant the contimiance. if the confinuance is grant&d, a fee in accordance with the adopted fee schedule as publiahecl on the New Hanover County Plonningr websOe w91 be required. Board of Commissioners - May 5, 2025 Page 3 of 3 ITEM: 16- 5 - 3 text Arnendmenr AppI catTon— Updated 12-2020 Public Comments In Support Neutral In Opposition Board of Commissioners - May 5, 2025 ITEM: 16- 6 - 1 Allowed By -Right Zoning 6ru nswick� Board of Commissioners - May 5, 2025 ITEM: 16- 7 - 1 J Iry ta P..e der, v IN Fraternal &Social Lodges Allowed By -Right Special Use Permit Zoning 8 —ru -Hs—w i C"'k, 4. ANF, I/ .- Board of Commissioners - May 5, 2025 ITEM: 16- 8 - 1 s City f Wilmington . 77 P. end e r, I IN Fraternal & Social Lodges Special Use Permit Required 11 All Permitted Areas 6ru nswick� 10 i 46 dl 1FF s Ci of kwilmin A tll� 9 �� u._- 4 1 �j Board of Commissioners - May 5, 2025 ITEM: 16- 9 - 1 Y P..ender, Fraternal & Social Lodges Special Use Permit Required Allowed By -Right IN NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/5/2025 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, NHC Planning & Land Use Senior Planner CONTACT(S): Zach Dickerson, Robert Farrell, NHC Planning & Land Use Development Review Supervisor; Rebekah Roth, NHC Planning and Land Use Director SU BJ ECT: Quasi -Judicial Hearing Special Use Permit - 525-01 Request by Carillon Assisted Living, LLC, applicant, on behalf of Sylvia and Michael Lewis and Karen and Charles Cobb, property owners, for a special use permit for a Senior Living: Assisted Living Facility in a R-15, Residential district on approximately 10.61 acres located at the 7200 block of Plantation Road. BRIEF SUMMARY: The applicant has submitted a Special Use Permit application for a Senior Living: Assisted Living Facility. The subject site is located on a service road off the Military Cutoff Extension, south of Plantation Road. The facility is intended to serve approximately 89 residents, and includes a courtyard amenity and sidewalks throughout the site. The site is currently zoned R-15 and consists of two parcels, totaling 10.61 acres. There is currently no CFPUA sewer or water service to the site, but the Last Frontier project, funded by New Hanover County, is scheduled to bring public sewer service to this site by the end of 2025. There is a plan to bring public water to this site, but it is not yet funded. There are wetlands on this site, noted on the concept plan. The applicant is working with the Army Corps of Engineers on a permit for the impacts to the on -site wetlands. This use would generate approximately 18 AM and 23 PM peak hour trips, resulting in an increase of 18 AM and 23 PM peak hour trips from the currently undeveloped site. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates this property as Community Mixed Use. The intent of this Place Type is to provide community -level services and/or transitions between lower density housing and higher intensity development, especially along major roadway corridors. While the surrounding area remains largely undeveloped, the build -out Military Cutoff Extension and Murrayville Road indicate the possibility of future development. While assisted living facilities are often large structures, they are residential uses that are generally compatible with surrounding residential uses. They are low traffic generators. The proposed use would provide an additional community level service to nearby residential areas at a site that may, in the future, act as a transition from the highway corridor to residential parcels to the east. The Planning Board held a preliminary forum on Thursday, April 3, 2025. The purpose of the preliminary forum is for the Planning Board, public, and applicant to discuss the request before it moves to the Board of Commissioners for a quasi-judicial hearing. The preliminary forum is not a public hearing, and the Planning Board does not make a recommendation on Special Use Permits. As a quasi-judicial hearing, there are four principal conclusions the Board of Commissioners must make when considering a Special Use Permit request based on clear, substantial evidence presented at the hearing: Board of Commissioners - May 5, 2025 ITEM: 17 1. Will not materially endanger the public health or safety. 2. Meets all required conditions and specifications of the Unified Development Ordinance. 3. Will not substantially injure the value of adjoining or abutting property. 4. Will be in harmony with the area in which it is located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. STRATEGIC PLAN ALIGNMENT: • Community Safety & Well-being o Every resident has access to services that support their physical health and mental well-being. ■ Connect residents to individualized services at the right time with a variety of service providers • Sustainable Land Use & Environmental Stewardship o Through planned growth and development, residents have access to their basic need ■ Connect residents to basic needs through a variety of housing and transportation options. RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning staff and the Planning Board do not make recommendations on Special Use Permit requests. Please refer to the Script for motion language. ATTACHMENTS: S25-01 BOC Script Staff Presentation S25-01 BOC Staff Report S25-01 Supplementary Appendix - Staff Findings of Fact S25-01 Zoning Map S25-01 Future Land Use Map S25-01 Mailout Map Initial Application Co\ter Sheet S25-01 Application Concept Plan Co\er Sheet S25-01 Concept Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved 3-1; Commissioner Walker dissenting. Vice Chair Pierce was excused due to a scheduling conflict. Board of Commissioners - May 5, 2025 ITEM: 17 SCRIPT for SPECIAL USE PERMIT Application (S23-02) Special Use Permit - S25-01 Request by Carillon Assisted Living, LLC, applicant, on behalf of Sylvia and Michael Lewis and Karen and Charles Cobb, property owners, for a special use permit for a Senior Living: Assisted Living Facility in a R-15, Residential district on approximately 10.61 acres located at the 7200 block of Plantation Road. 1. This is a quasi-judicial hearing. Before the hearing is opened, the Deputy County Attorney will provide an overview of the hearing procedures. 2. Deputy County Attorney Overview 3. Because the Special Use Permit process requires a quasi-judicial hearing, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you. 4. We will first hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 5. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination/rebuttal (up to 5 minutes) e. Opponent's cross examination/rebuttal (up to 5 minutes) b. Close the hearing 7. Board discussion 8. Ask Applicant whether he/she agrees with staff findings. 9. Vote on the Special Use Permit application. Example Motion for Approval: ❑ Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions) ❑ Subject to the following conditions agreed to by the applicant: Example Motion for Denial: ❑ Motion to deny the permit because the Board cannot find (choose all that apply): a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): b. That the use meets all required condition and specifications (for the following reason(s)): ❑ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): ❑ d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): Case S25mOl Special Use Permit Request: Senior Living: Assisted Living Facility Applicant: Marcos Vidal, Carillon Assisted Living, LLC Property Owners: Sylvia Whaley Lewis, Michael Lewis, Karen Whaley Cobb, and Charles Cobb Zach Dickerson Senior Planner AERIAL _- ----PI 1 antation-Rd-- f I -----T-=- �: 525-01 ZONING N t Plantation_Rd - -- _ o:. I 0 0 u Site i 0 Zoning R-5 R-15 PD S25-01 New anover ounty NC Site Access PLANTATION RD 3 G w.' a 91 Y � O f 2 Primary Access: o Military Cutoff Ext. Service Road e. New Hanover County NC 7maw`'w.o.�o.rw.o�aw,wci�rJl�w�wr•ow.wcw-- • � - - :CL'J:'•+'rxJ•Y4'.}: r-:>':J-Ki��_�„ �[ ----__ •r }i1 '► iL �I I� �:� a•.: s C ii • tr. � �Y; � �5 r, -- �;nr.:eas■��:Nhx�as;:a;:5wsbw':a.,::::-rx�r::ca��t»�I!rY�d:�c el r 1 Senior Living: Assisted Living Facility Additional Standards: a. Minimum Lot Size: 5 acres ■ Site is 10.61 acres b. Maximum Building Height: 35 feet ■ Building is maximum 35' as noted on concept plan c. Utilities: Site must be served by public water and sewer. • Site is anticipated to have public sewer by the end of2025. Developer responsible for providing public water. d. Site plan must provide a minimum 20% of the net acreage as open space. ■ Site provides 21 % open space Estimated Trip Generation Existing R-15 Zoning Proposed Development: Potential Net Change Undeveloped 481535 Scl Ft Senior Living: Assisted Living Facility OAM/OPM 18 AM / 23 PM +18 AM / +23 PM LA VZ/ 2016 Comprehensive Plan Place Type: New Hanover County Community Mixed U s e Future Land Use Map LAND USE 1 i i Plantation=Rd a II b. I Site m u Future Land Use 4 iaafavniEur uEurEa L�nE� REanEnr�f GENERAL RESIDENTIAL L �naA� M><En�eE LA a� aFsbE„w COMMUNITY MIXED USE b I w 4 Lw wnsemnr ory D�awr...... A CONSERVATION .. Lwnrear�nruaee ` S25-01 I The Future Land Jae Map is not legally bin ji"bku llte Neu ll a novsr County ZanngM p, - 1�•rt�l'Collllty NC II s mended to ba a general rep..ntaton of the 25 y for New Hanover County created by the ctzans who we ad with Plan NHC and will be used to gu de future development decso ns. 1Pilc> AI Findings of Fact The Board must find that: 1. The use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. 3. The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer are not available through CFPUA. There is a funded project to bring CFPUA sewer to this area, starting construction in late 2025. Public water is also planned for this area but not yet funded. B. The subject property is located in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by a full -access driveway to a service road off Military Cutoff Extension. D. There are wetlands delineated on the site- 4.30 acres of them will be impacted for this project, while 4.32 will remain undisturbed. E. The proposed use will generate an estimated additional 18 AM/23 PM peak hour trips. F. Military Cutoff Extension, opened in 2024, does not have current traffic counts. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. An Assisted Living Facility is allowed by Special Use Permit in the R-15, Residential zoning district provided that the project meets the standards of Section 4.3.2.13.4 of the Unified Development Ordinance. B. Section 4.3.2.B.4.a requires a minimum lot size of 5 acres. The concept plan indicates that the two subject 5.31- acre parcels will be recombined, resulting in a total site area of 10.61 acres. C. Section 4.3.2.B.4.b states that maximum building height shall be limited to 35 feet when buildings are placed within 50 feet of single-family residential lots or parcels. The concept plan states a maximum height of 35 feet. D. Section 4.3.2.B.4.c states that except as otherwise required by subsection b above, the height of buildings may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. The concept plan states a maximum height of 35 feet. E. Section 4.3.2.B.4.d states that the site must be served by public water and sewer. The site currently does not have access to public water and sewer. The Last Frontier Project is expected to serve this property with public sewer by the end of 2025. There is currently a planned but unfunded project to bring public water service to this area. If approved, the project cannot move forward until the water and sewer projects are complete or the applicant voluntarily pays to extend utilities to the site. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. F. Section 4.3.2.B.4.e states that the maximum impervious area shall not exceed 50 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. This site is not in a coastal stormwater area. The concept plan states that the total impervious surface on the site is 120,100 square feet. The net site acreage of 10.61 acres equals 46Z172 square feet. The proposed impervious surface on the site is 26 percent. G. Section 4.3.2.B.4.f states that open space and improved recreation space shall be provided at a rate of 20 percent of net acreage. Vegetative buffers of not less than 20 feet are required for all proposals. The concept plan states that 2.2 acres, 21 percent, including the courtyard amenity, are provided as open space on the site. H. Section 4.3.2.B.4.g states that frontage on an arterial or collector roadway is required. This site has frontage on a service road off Military Cutoff Extension, a Principal Arterial Roadway. I. Section 4.3.2.B.4.h states that all other local, state or federal permits or authorizations are required. Other local, state, or federal permits or authorizations will be required before TRC approval or Certificate of Occupancy as determined during the TRC review. J. Table 5.1.2.A states that 1 parking space per 3 beds is required. The facility is expected to have 89 beds- this would require 30 parking spaces. 61 parking spaces are provided. K. Table 5.4.3.13.1 states that "All Other Residential Uses" must provide a 20' Type A: Opaque Transitional Landscape Buffer where the development abuts undeveloped land in the R-15 district. The concept plan shows a 20" landscape buffer around the perimeter of the parcels. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The proposed assisted living facility is located along a service road that serves a principal arterial roadway. The surrounding land use includes a cellular tower and vacant land. B. The land use in the immediate vicinity of the subject site is zoned residentially. C. The site is adjacent to the Hanover Reserve Planned Development which is not yet built out. D. No evidence has been submitted indicating whether this project will or will not substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site is currently undeveloped. B. The site is bounded by property zoned R-15 and Planned Development (PD). The Hanover Reserve Planned Development is adjacent to the site to the southwest- this project is currently not yet built out. C. No known cultural or archaeological resources are identified on site. D. Existing land uses in the immediate surrounding area include a cellular tower and vacant land. E. The Comprehensive Plan classifies the property as Community Mixed Use. The intent of the Community Mixed Use place type focuses on small-scale mixed -use development that serves all modes of traffic and includes uses such as recreational and institutional. The proposed use would provide an additional low -impact residential use to potential future residential areas at a site that could act as a transition from the highway to adjacent low density residentially zoned parcels. AERIAL li +II 1 I Site S25-01 STAFF REPORT FOR S25-01 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S25-01 Request: Special Use Permit for a Senior Living: Assisted Living Facility Applicant: Property Owner(s): Carillon Assisted Living Sylvia Whaley Lewis, Michael Lewis, Karen Whaley Cobb, and Charles Cobb Location: Acreage: Plantation Road - PT Ranch 118 & 1 19, Sec 2 10.61 of Greenview Ranches PID(s): Comp Plan Place Type: R02800-004-01 1-000 & R02800-004-012- Community Mixed Use 000 Existing Land Use: Proposed Land Use: Vacant Senior Living: Assisted Living Facility Current Zoning: R-15 Residential ZONING A f---Plantation Rd Z Brittany Pointer� - ct a Site v L, � ZONING 0 x R-5 0 R-15 0PD 52 b � 525-01 SURROUNDING AREA LAND USE ZONING North Vacant- S22-03 was approved in 2023 for a Wireless R-15 Support Tower East Undeveloped R-15 Military Cutoff Extension; Mixed -Use Development South approved as part of the Hanover Reserve Planned PD Development West Military Cutoff Extension Road, but approved as part of N/A the Hanover Reserve Planned Development. S25-01 Staff Report BOC 5.5.2025 Page 1 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 1 AERIAL _ i j ', on.Tra e �� CamerPhntadion Rd 6ritta,l y Po'nt�t N� m 11 1 0 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8b) COMMUNITY SERVICES Water and Sewer is not currently available through CFPUA. New Hanover County is funding construction of a sewer force main that would serve this Water/Sewer property that is scheduled for completion at the end of 2025. CFPUA is considering a project that would bring water to this parcel, but no funds have been approved yet. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Porters Neck Station Schools Murrayville Elementary, Trask Middle, and Laney High Schools Recreation Smith Creek Park and Laney High School Tennis Courts CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The County's Conservation Resources Map indicates that pocosin Conservation conservation area is present on the site. The Arms Corps of Engineers expects wetlands impacts on this site. The applicant is working through the permitting process with the Corps. Historic No known historic resources Archaeological No known archaeological resources S25-01 Staff Report BOC 5.5.2025 Page 2 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 2 Applicant's Site Plan for Assisted Living Facility • The applicant is requesting a special use permit for a 48,535 sf Senior Living: Assisted Living Facility. • The applicant has stated that this facility will serve up to 89 residents. • The UDO Defines Senior Living: Assisted Living Facility as: Any group housing and servies program for two or more unrelated adults that makes available, at a minimum, one meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one or more licensed home care or hospice agencies, in accordance with NCGS §131 D-2.1. • The site features an internal courtyard and a perimeter drive around the site with sidewalks. • The site plan shows a dumpster and an on -site CFPUA pump station. • The subject site is located on approximately 10.61 acres located adjacent to a ramp serving the Military Cutoff Extension. • The property is currently zoned R-15 and is undeveloped. • While the density maximum for developments in the R-15 zoning district is 2.5 dwelling units per acre, the UDO does not set a maximum residential density for assisted living facilities. • The site plan shows the location of the building, driveway, and parking area. There are existing wetlands on site, some of which will be disturbed and others that will remain undisturbed. S25-01 Staff Report BOC 5.5.2025 Page 3 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 3 • Site access is proposed through a full access driveway from the service road. ZONING CONSIDERATIONS • Assisted living facilities are permitted in the R-15 district with the approval of a Special Use Permit and are subject to supplemental standards in Section 4.3.2.13.4. These standards generally address minimum lot size, height, utilities and impervious area. • The Ordinance also requires frontage on an arterial or collector roadway. • Senior Living: Assisted Living Facilities are required to obtain all other state and federal authorizations. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. S25-01 Staff Report BOC 5.5.2025 Page 4 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 4 AREA DEVELOPMENT S25-01 Staff Report BOC 5.5.2025 Page 5 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 5 TRANSPORTATION Site Access N -�- PLANTATION RD 3 G a w' if � O w -n ot" a Primary Access: o Military Cutoff Ext. Service Road New Hanover County NC CURRENT CONDITIONS Intensity of Current Zoning Undeveloped PROPOSED ACCESS Primary Access Military Cutoff Extension Service Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Military Cutoff Extension Plantation Road Type of Roadway NCDOT Principal Arterial Road Local Road Roadway Planning Capacity (AADT) N/A* N/A** Latest Traffic Volume (AADT) N/A* N/A** S25-01 Staff Report BOC 5.5.2025 Page 6 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 6 Latest WMPO Point -in -Time County (DT) N/A* N/A** Current Level of Congestion N/A* N/A** TRAFFIC GENERATION Traffic Potential Generated by Traffic Generated Impact of Present by Proposed Use Proposed Use Designation AM Peak Hour Trips 0 18 +18 PM Peak Hour Trips 0 23 +23 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a service road adjacent to an NCDOT principal arterial road opened in 2024. This road was constructed to relieve traffic in the area and provide a connection to 1-140- because it is new, there are no current traffic counts. While there is little information at this time about traffic in the area and daily volume of vehicles on these roads, NCDOT is anticipated to take measurements in the future. This project has a relatively low traffic impact. *The WMPO does not have a permanent traffic count collection on Military Cutoff Extension, and counts are not available at this time. NCDOT has not published any traffic volumes for the Extension to date, though this is likely to change in the future. **No traffic information is available for Plantation Road, as it is not an NCDOT maintained road. Plantation Road is a publicly dedicated right-of-way but it is privately maintained by the residents in the area. ENVIRONMENTAL • The subject property is not within any Special Flood Hazard Areas. • The property is not within a Natural Heritage Area. • The subject property is located within the Smith Creek Watershed. • The New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on site. However, because there are no Class IV soils on the site, the Conservation Resource Standards do not apply. • The applicant has delineated wetlands on the concept plan, some of which will be disturbed for this project and others which will remain undisturbed. The Army Corps of Engineers stated the applicant is in the process of obtaining permits for disturbing wetlands. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitation); however, the applicant has indicated that they will extend CFPUA utilities to the site. S25-01 Staff Report BOC 5.5.2025 Page 7 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 7 OTHER CONSIDERATIONS Context and Compatibility • The area to the west of the site is the Hanover Reserve Planned Development. Hanover Reserve was approved in August 2021 and includes a mix of residential and commercial development along Military Cutoff with an extension of Murrayville Road that will be installed by the developer. The Hanover Reserve Planned Development, approved in August 2021, will include a mix of residential and commercial development along the Military Cutoff Extension. It will also extend Murrayville Road to the Military Cutoff Extension. • Assisted living facilities are generally low -impact uses that are compatible with nearby residential uses. Master Aging Plan • The New Hanover County Master Aging Plan is a five-year plan which contains broad goals and objectives with corresponding implementation strategies to address resources and services for older adults who have a wide range of needs. Through the Master Aging Plan, the County intends to create an "Aging -friendly" community, which is a community that provides affordable, accessible housing, multiple modes of transportation, access to community services, and opportunities for engagement for all residents, regardless of age or ability. Goal 4 of the Plan is to ensure a variety of affordable, quality housing options are located in areas where necessary resources and services are easily accessible. S25-01 Staff Report BOC 5.5.2025 Page 8 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 8 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE � A Plantation Rd Brittany Pointe Ct Site � a n a 4 -� v K G ED o Future Land Use - o° s GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION O S25-01 Future Land Use Map Place Type Community Mixed Use The community mixed use place type focuses on small-scale, compact, mixed Place Type use development patterns that serve all modes of travel and act as an Description attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi- family and single-family residential. The intent of the Community Mixed Use place type is to provide community - level services and/or transitions between lower density housing and higher intensity development, specifically along major roadway corridors. While the surrounding area remains largely undeveloped, the build -out of Military Cutoff Extension and Murrayville Road indicate the possibility of future development. New Hanover County County and CFPUA partnered on extending utilities to this area as well, with sewer construction underway and Analysis scheduled for completion in late 2025. Public water construction is under consideration but not yet funded. While assisted living facilities are often large structures, they are residential uses that are generally compatible with surrounding residential uses. They are low traffic generators. The proposed use would provide an additional community level service to nearby residential areas at a site that may, in the future, act as a transition from the highway corridor to residential parcels to the east. S25-01 Staff Report BOC 5.5.2025 Page 9 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 9 EXAMPLE MOTIONS Example Motion for Approval: 13 Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. 13 OPTIONAL (if additional conditions have been identified that will bring the proposal in line with the required conclusions.) Example Motion for Denial: Motion to deny the permit because the Board finds (choose all that apply): ri a. That the use WILL materially endanger the public health or safety if located where proposed (for the following reason(s)): b. That the use DOES NOT meet all required condition and specifications (for the following reason(s)): c. That the use WILL substantially injure the value of adjoining or abutting property, or that the use is NOT a public necessity (for the following reason(s)): S25-01 Staff Report BOC 5.5.2025 Page 10 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 10 d. That the location and character of the use if developed according to the plan as submitted and approved WILL NOT be in harmony with the area in which it is to be located and WILL NOT be in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: After an analysis of the proposed use and the information provided as part of the application package staff has compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board's conclusion. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. Compiled Facts May or May Not Support the Board's Conclusion Relevant Finding of Fact Presented to Date A. Public water and sewer are not available through CFPUA. There is a funded project to bring CFPUA sewer to this area, starting construction in late 2025. Public water is also planned for this area but not yet funded. B. The subject property is in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by a full -access driveway to a service road off Military Cutoff Extension. D. The applicant has delineated 8.62 acres of wetlands on the site. The site plan shows 4.30 acres of wetlands will be impacted by the project. E. The New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on site. However, because there are no Class IV soils on the site, the Conservation Resource Standards do not apply. F. The proposed use will generate an estimated 18 AM and 23 PM peak hour trips. G. The WMPO does not have a permanent traffic count collection on Military Cutoff Extension, and counts are not available at this time. NCDOT has not published any traffic volumes for the Extension to date, though this is likely to change in the future. S25-01 Staff Report BOC 5.5.2025 Page 11 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 11 Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Compiled Facts May or May Not Support the Board's Conclusion Relevant Finding of Fact Presented to Date A. An Assisted Living Facility is allowed by Special Use Permit in the R-15, Residential zoning district provided that the project meets the standards of Section 4.3.2.B.4 of the Unified Development Ordinance. B. Section 4.3.2.B.4.a requires a minimum lot size of 5 acres. The concept plan indicates that the two subject 5.3 7 -acre parcels will be recombined, resulting in a total site area of 7 0.6 7 acres. C. Section 4.3.2.B.4.b states that maximum building height shall be limited to 35 feet when buildings are placed within 50 feet of single-family residential lots or parcels. The concept plan states a maximum height of 35 feet. D. Section 4.3.2.B.4.c states that except as otherwise required by subsection b above, the height of buildings may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. The concept plan states a maximum height of 35 feet. E. Section 4.3.2.B.4.d states that the site must be served by public water and sewer. The site currently does not have access to public water and sewer. The Last Frontier Project is expected to serve this property with public sewer by the end of 2025. There is currently a planned but unfunded project to bring public water service to this area. If approved, the project cannot move forward until the water and sewer projects are complete or the applicant voluntarily pays to extend utilities to the site. F. Section 4.3.2.B.4.e states that the maximum impervious area shall not exceed 50 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. This site is not in a coastal stormwater area. The concept plan states that the total impervious surface on the site is 720,700 square feet. The net site acreage of 7 0.6 7 acres equals 462,772 square feet. The proposed impervious surface on the site is 26 percent. G. Section 4.3.2.B.4.f states that open space and improved recreation space shall be provided at a rate of 20 percent of net acreage. Vegetative buffers of not less than 20 feet are required for all proposals. The concept plan states that 2.2 acres, 21 percent, including the courtyard amenity, are provided as open space on the site. H. Section 4.3.2.B.4.g states that frontage on an arterial or collector roadway is required. This site has frontage on a service road off Military Cutoff Extension, a Principal Arterial Roadway. I. Section 4.3.2.B.4.h states that all other local, state or federal permits or authorizations are required. Other local, state, or federal permits or authorizations will be required before TRC approval or Certificate of Occupancy as determined during the TRC review. J. Table 5.1 .2.A states that 1 parking space per 3 beds is required. The facility is expected to have 89 beds- this would require 30 parking spaces. 61 parking spaces are provided. K. Table 5.4.3.13.1 states that "All Other Residential Uses" must provide a 20' Type A: Opaque Transitional Landscape Buffer where the development abuts undeveloped land in the R-15 district. The concept plan shows a 20' landscape buffer around the perimeter of the parcels. S25-01 Staff Report BOC 5.5.2025 Page 12 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 12 Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The proposed assisted living facility is located along a service road that serves a principal arterial roadway. B. The land uses in the immediate vicinity of the subject site are vacant wooded land. An adjacent parcel was approved for a telecommunications facility however construction has not started on that project. C. The site is adjacent to the Hanover Reserve Planned Development which is approved for a mixture of residential and commercial uses however construction has not started on that project. D. No evidence has been submitted indicating whether this project will or will not substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site is currently undeveloped. B. The land uses in the immediate vicinity of the subject site are vacant wooded land. An adjacent parcel was approved for a telecommunications facility however construction has not started on that project. C. The site is adjacent to the Hanover Reserve Planned Development which is approved for a mixture of residential and commercial uses however construction has not started on that project. D. No known cultural or archaeological resources are identified on site. E. The Comprehensive Plan classifies the property as Community Mixed Use. The intent of the Community Mixed Use place type focuses on small-scale mixed -use development that serves all modes of traffic and includes uses such as recreational and institutional. The proposed use would provide additional low -impact residential use to potential future residential areas at a site that could act as a transition from the highway to adjacent low density residentially zoned parcels. S25-01 Staff Report BOC 5.5.2025 Page 13 of 13 Board of Commissioners - May 5, 2025 ITEM: 17- 3 - 13 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: After an analysis of the proposed use and the information provided as part of the application package staff has compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board's conclusion. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. Compiled Facts May or May Not Support the Board's Conclusion Relevant Finding of Fact Presented to Date A. Public water and sewer are not available through CFPUA. There is a funded project to bring CFPUA sewer to this area, starting construction in late 2025. Public water is also planned for this area but not yet funded. B. The subject property is located in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by a full -access driveway to a service road off Military Cutoff Extension. D. There are wetlands delineated on the site- 4.30 acres of them will be impacted for this project, while 4.32 will remain undisturbed. E. The proposed use will generate an estimated additional 18 AM/23 PM peak hour trips. F. Military Cutoff Extension, opened in 2024, does not have current traffic counts. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Compiled Facts May or May Not Support the Board's Conclusion Relevant Finding of Fact Presented to Date A. An Assisted Living Facility is allowed by Special Use Permit in the R-15, Residential zoning district provided that the project meets the standards of Section 4.3.2.B.4 of the Unified Development Ordinance. B. Section 4.3.2.B.4.a requires a minimum lot size of 5 acres. The concept plan indicates that the two subject 5.3 7 -acre parcels will be recombined, resulting in a total site area of 10.6 7 acres. C. Section 4.3.2.B.4.b states that maximum building height shall be limited to 35 feet when buildings are placed within 50 feet of single-family residential lots or parcels. The concept plan states a maximum height of 35 feet. D. Section 4.3.2.B.4.c states that except as otherwise required by subsection b above, the height of buildings may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. The concept plan states a maximum height of 35 feet. E. Section 4.3.2.B.4.d states that the site must be served by public water and sewer. The site currently does not have access to public water and sewer. The Last Frontier Project is expected to serve this property with public sewer by the end of 2025. There is currently a planned but S25-01 Staff Report PB 4.3.2025 Page 1 of 4 Board of Commissioners - May 5, 2025 ITEM: 17- 4 - 1 unfunded project to bring public water service to this area. If approved, the project cannot move forward until the water and sewer projects are complete or the applicant voluntarily pays to extend utilities to the site. F. Section 4.3.2.B.4.e states that the maximum impervious area shall not exceed 50 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. This site is not in a coastal stormwater area. The concept plan states that the total impervious surface on the site is 7 20, 7 00 square feet. The net site acreage of 10.6 7 acres equals 462, 772 square feet. The proposed impervious surface on the site is 26 percent. G. Section 4.3.2.B.4.f states that open space and improved recreation space shall be provided at a rate of 20 percent of net acreage. Vegetative buffers of not less than 20 feet are required for all proposals. The concept plan states that 2.2 acres, 21 percent, including the courtyard amenity, are provided as open space on the site. H. Section 4.3.2.B.4.g states that frontage on an arterial or collector roadway is required. This site has frontage on a service road off Military Cutoff Extension, a Principal Arterial Roadway. I. Section 4.3.2.B.4.h states that all other local, state or federal permits or authorizations are required. Other local, state, or federal permits or authorizations will be required before TRC approval or Certificate of Occupancy as determined during the TRC review. J. Table 5.1.2.A states that 1 parking space per 3 beds is required. The facility is expected to have 89 beds- this would require 30 parking spaces. 61 parking spaces are provided. K. Table 5.4.3.13.1 states that "All Other Residential Uses" must provide a 20' Type A: Opaque Transitional Landscape Buffer where the development abuts undeveloped land in the R-15 district. The concept plan shows a 20' landscape buffer around the perimeter of the parcels. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The proposed assisted living facility is located along a service road that serves a principal arterial roadway. The surrounding land use includes a cellular tower and vacant land. B. The land use in the immediate vicinity of the subject site is zoned residentially. C. The site is adjacent to the Hanover Reserve Planned Development which is not yet built out. D. No evidence has been submitted indicating whether this project will or will not substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site is currently undeveloped. B. The site is bounded by property zoned R-15 and Planned Development (PD). The Hanover Reserve Planned Development is adjacent to the site to the southwest- this project is currently not yet built out. C. No known cultural or archaeological resources are identified on site. S25-01 Staff Report PB 4.3.2025 Page 2 of 4 Board of Commissioners - May 5, 2025 ITEM: 17- 4 - 2 D. Existing land uses in the immediate surrounding area include a cellular tower and vacant land. E. The Comprehensive Plan classifies the property as Community Mixed Use. The intent of the Community Mixed Use place type focuses on small-scale mixed -use development that serves all modes of traffic and includes uses such as recreational and institutional. The proposed use would provide an additional low -impact residential use to potential future residential areas at a site that could act as a transition from the highway to adjacent low density residentially zoned parcels. EXAMPLE MOTIONS Example Motion for Approval: 13 Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. 13 OPTIONAL (if additional conditions have been identified that will bring the proposal in line with the required conclusions.) S25-01 Staff Report PB 4.3.2025 Page 3 of 4 Board of Commissioners - May 5, 2025 ITEM: 17- 4 - 3 Example Motion for Denial: 13 Motion to deny the permit because the Board finds (choose all that apply): a. That the use WILL materially endanger the public health or safety if located where proposed (for the following reason(s)): b. That the use DOES NOT meet all required condition and specifications (for the following reason(s)): c. That the use WILL substantially injure the value of adjoining or abutting property, or that the use is NOT a public necessity (for the following reason(s)): d. That the location and character of the use if developed according to the plan as submitted and approved WILL NOT be in harmony with the area in which it is to be located and WILL NOT be in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): S25-01 Staff Report PB 4.3.2025 Page 4of4 Board of Commissioners - May 5, 2025 ITEM: 17- 4 - 4 Case: Existing Zoning/Use: Proposed Zoning/Use: N 525-01 R-15 R-15 f+ Plantation_Rd--- -__�----___-_-- a a c a� q 1 .0 U c Site n 0 Zoning U R- 5 - 0 R-15 PD S25-01 and of Co nT - May , 2 25 New HJ over County NC I M• 1 - - Case: Existing Zoning/Use: Proposed Zoning/Use: N S25-01 R-15 R-15 P_I4-n-t5ti6n-Rd 7 c Site � n o x� I U Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION S25-01 and of Co - May , 2 25 ° • , , - I M• 1 - - Case: Existing Zoning/Use: Proposed Zoning/Use: N 525-01 R-1 S R-15 V. n-. Nearby Properties V a S25-01 Parcels Within 510 Feet -Board of Commjksiohers - May 0, 2025 Initial Application Documents & Materials Board of Commissioners - May 5, 2025 ITEM: 17- 8 - 1 Docusign Envelope ID: BA4771711-18E74ECA-9BB5-AEFB217BC882 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-71 65 FAX (910) 798-7053 planningdevel opment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. Public Heari.g Procedures *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Sylvia Whaley Lewis and husband Michael Carillon Assisted Living, LLC Lewis; and Karen Whaley Cobb and husband Charles Cobb Company Company/Owner Name 2 Address Address 4901 Waters Edge Dr. Suite 200 5018 Marathon Landing Ct. City, State, Zip City, State, Zip Raleigh, NC 27606 Castle Hayne, NC 28429 Phone Phone 91 9-600-6420 Email Email marcos.vidal@carillonassistedliving.com Page 1 of 8 Board of Commissioners - May 5,5�269l Use Permit Application — Updated 02-2022 ITEM: 17- 9 - 1 2. Subject Property Information Address/Location PT RANCH 118 & PT RANCH 119 Parcel Identification Number(s) SEC 2 GREENVIEW RANCHES R02800-004-01 1-000 and R02800-004-012-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 10.61 acres R-15, vacant Community Mixed Use 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). Please see attached Exhibit A. 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. Please see attached Exhibit A. Board of Commissioners - May 5, 2025 Page 2 of 8 ITEM: 17- 9 - 2 Special Use Permit Application — Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Assisted Living (254) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Beds (89) 1 AM Peak Hour Trips: 17 I PM Peak Hour Trips: 22 1 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; • Soil erosion and sedimentation; • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or • Anticipated air discharges, including possible adverse effects on air quality. Please see attached Exhibit A. Board of Commissioners - May 5, 2025 Page 3 of 8 ITEM: 17- 9 - 3 Special Use Permit Application — Updated 02-2022 Docusign Envelope ID: BA477F11-18E7-4ECA-96B5-AEFB2176C682 2. The use meets all required conditions and specifications of the Unified Development Ordinance. Please see attached Exhibit A. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. Please see attached Exhibit A. Page 4 of 8 Board of Commissioners - May 5,SPNtPI Use Permit Application — Updated 02-2022 ITEM: 17- 9 - 4 Docusign Envelope ID: BA477F11-18E7-4ECA-9BB5-AEFB217BC682 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. Please see attached Exhibit A. Page 5of8 Board of Commissioners - May 5S1 26—vl Use Permit Application — Updated 02-2022 ITEM: 17- 9 - 5 Docusign Envelope ID: BA477F11-18E74ECA-3B65-AEF6217BC682 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ❑ This application form, completed and signed ❑ Application fee: • $500; $250 if application pertains to a residential use (i.e., mobile home, duplex, family child care home). ❑ Traffic Impact Analysis (if applicable) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. ❑ Conceptual Site Plan Including the following minimum elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. o For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Proposed transportation and parking improvements; including proposed rights -of - way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffering. • The location of Special Flood Hazard Areas. • The approximate location of regulated wetlands. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use ❑ One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. ❑ One (1) digital PDF copy of ALL documents AND plans ❑ For wireless support structures or substantial modifications, the elements listed on the attached checklist Applicant Initial Page 6 of 8 Board of Commissioners - May 5,13i1 Use Permit Application — Updated 02-2022 ITEM: 17- 9 - 6 Docusign £nvelope ID: BA477F11-18E7-4ECA-9BB5-AEFB217BC682 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. K 7/25/2024 Sylvia Whaley Lewis 5 = "ttwii, 7/25/2024 Ikicicatl U.1Yis 7/25/2024 7/25/2024 : uRe ighbture of Property Owner(s) Michael Lewis Karen Whaley Cobb Charles Cobb Print Name(s) r R 7/26/2024 Karen Moriarty, President & CEO, Carillon Assisted Living, LLC Signature of Applicant/Agent Print Name Note, This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. The landowner or their attorney must be present for the application at the preliminary forum and public hearing. 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 calendored for the next meeting and no fee will be required. if delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 7 of 8 Board of Commissioners - May 5,1 Use Permit Application — Updated 02-2022 ITEM: 17- 9 - 7 Docusign Envelope 1D: CD048083-3693-408E-8149-E5361A96AIE9 Print Form "; Y Ho NEW HANOVER COUNTY oW � PLANNING & LAND USE 0 3 L AUTHORITY FOR APPOINTMENT OF A GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address PT RANCH 118 & PT RANCH 119 Carillon Assisted Living, LLC Sylvia Whaley Lewis SEC 2 GREENVIEW RANCHES Company Owner Name 2 City, state, zip Michael Lewis Address Address Parcel ID 4901 Waters Edge Dr., Suite 200 5018 Marathon Landing Ct R02800-004-011-000 and City, State, Zip City, State, Zip R02800-004-012-000 Raleigh, NC 27606 Castle Hayne, NC 28429 Phone Phone 919-600-6420 Email Email marcos.vidal@carillonassistedliving.com marathonlanding@msn.com Application Tracking Information �Starf Only) Case Number Reference: Date/'Time received: Received by: This document was willfully executed on the day of 20 Signed by: Signed by: Owner 1 Signature 7/25/2024 Owner Signature 7/25/2024 Sylvia Whaley Lewis Michael Lewis Board of Commissioners - May 5, 2025 09/14 ITEM: 17- 9 - 8 aocusign Envelope 10: CD04B083-3693-408E-8149-E5361A96A1E9 Print Form GUU�t Y NUR NEW HANOVER COUNTY z r PLANNING & LAND USE - o i a? AUTHORITY FOR `'',p1„,f•`'f APPOINTMENT OFA GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www,nhegov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Matthew A. Nichols Sylvia Whaley Lewis PT RANCH 118 & PT RANCH 119 SEC 2 GREENVIEW RANCHES Company Owner Name 2 City, State, Zip Law Office of Matthew A. Nichols Michael Lewis Address Address Parcel ID 3205 Randall Pkwy, Suite 104 5018 Marathon Landing Ct R02800-004-011-000 and City, State, Zip City, State, Zip R02800-004-012-000 Wilmington, NC 28403 Castle Hayne, NC 28429 Phone Phone 910-508-7476 Email Email matt@mattnicholslaw.com marathonlanding@msn.com ILIpplication't'racking Information (Staff Onlv) Case Number Reference: Date/"lime receiNed: Received by: This document was willfully executed on the day of , 20 Signed by: Signed by: T_. Owner l Signature 7/25/2024 Owner 2 Signature 7/25/2024 Sylvia Whaley Lewis Michael Lewis Board of Commissioners - May 5, 2025 09/14 ITEM: 17- 9 - 9 Docusign Envelope ID: E07907E5-5D7B-47E8-AA19-325F56F5F2FD Print Form "Ty.ti NEW HANOVER COUNTY oA r PLANNING & LAND USE 6 3 A2 AUTHORITY FOR APPOINTMENT OFAGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: I. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Carillon Assisted Living, LLC Karen Whaley Cobb PT RANCH 118 & PT RANCH 119 SEC 2 GREENVIEW RANCHES Company Owner Name 2 City, State, Zip Charles Cobb Address Address Parcel ID 4901 Waters Edge Dr., Suite 200 5018 Marathon Landing Ct R02800-004-011-000 and City, State, Zip City, State, Zip R02800-004-012-000 Raleigh, NC 27606 Castle Hayne, NC 28429 Phone Phone 919-600-6420 Email Email marcos.vidal@carillonassistedliving.com Application Tracking Information kdctarheel@gmail.com; ccobb@cobbc (siafroniY) �eek.us Case Number Reference: Date/Time received: Received by: This document was wilIfuIly executed on the day of .20 Oocuftned by: Signed gnby, �-► D� Owner 1 Signature 7/2S/2024 Owner2 Signature 7/25/2024 Karen Whaley Cobb Charles Cobb Board of Commissioners - May 5, 2025 09/14 ITEM: 17- 9 - 10 ❑ocusign Envelope ID: E079D7E5-5D78-47E8-AA19-325F56F5F2FD Print Form 0U"I Y ��NEW HANOVER COUNTY 3 PLANNING & LAND USE = n 3 �= A UTHORITY FOR APPOINTMENT OFA GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhegov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without Iimitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Matthew A. Nichols Karen Whaley Cobb PT RANCH 11 S & PT RANCH 119 SEC 2 GREENVIEW RANCHES Company Owner Name 2 City, State, Zip Law Office of Matthew A. Nichols Charles Cobb Address Address Parcel ID 3205 Randall Pkwy, Suite 104 5018 Marathon Landing Ct R02800-004-011-000 and City, State, Zip City, State, Zip R02800-004-012-000 Wilmington, NC 28403 Castle Hayne, NC 28429 Phone Phone 910-508-7476 Email Email matt@mattnicholslaw.com Application Tracking Information kdctarheel@gmail.com; ccobb@cobbcLeek.us (Staff Onl,v) Case Number Reference: Date/Time received: Received by: This document was willfully executed on the day of 720 UecuSi9ned by: Signed by: Cam. RdAReRRf1FOf1RA73 Owner 1 Signature 7/25/2024 Owner Signature 7/25/2024 Karen Whaley Cobb Charles Cobb Board of Commissioners - May 5, 2025 091/ I4 ITEM: 17- 9 - 11 nill"i NEW HANOVER COUNTY PLANNING & LAND USE z 2 AUTHORITY FOR APPOINTMENT OFAGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned Applicant does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the Applicant: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the applicant 3. Act on the applicant's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Applicant(s) Subject Property Name Applicant Name Address Carillon Assisted Living, LLC PT RANCH I I8 & PT RANCH 119 Matthew A. Nichols SEC 2 GREENVIEW RANCHES Company Applicant Name 2 City, State, Zip Law Office of Matthew A. Nichols Address Address Parcel ID 3205 Randall Pkwy, Suite 104 4901 Waters Edge Dr. Suite 200 R02800-004-01 1 -000 and City, State, Zip City, State, Zip R02MO04-012-000 Wilmington, NC 28403 Raleigh, NC 27606 Phone Phone 910-509-7476 919-600-6420 Email Email man@mattnicholslaw.com marcos.vidal@carillonassistedliving.com Case Number Reference: Date/Time received: Received by: This document was willfully executed on the 29th day of July , 20 24 Applicant Signature Marcos Vidal, Vice President of Site Acquisition Cariilon Assisted Living, LLC Board of Commissioners - May 5, 2025 09/14 ITEM: 17- 9 - 12 Exhibit A to Special Use Permit Application (Carillon Assisted Living, LLC) The Applicant, Carillon Assisted Living, LLC ("Carillon"), is proposing a 65-room licensed Assisted Living and Memory Care facility to serve the needs of New Hanover County residents and their family members. Carillon is a local North Carolina company headquartered in Raleigh. Carillon has extensive experience owning and operating similar communities across the State. As an owner -operator, Carillon takes great pride in maintaining a long-term presence in the communities it serves. The subject property, which is an ideal location for the proposed new assisted living facility, is located in northern New Hanover County and is generally shown below: 1. The use will not materially endanger the public health or safety if located where proposed and approved. The proposed assisted living facility with memory care component will not endanger public health or safety. To the contrary, the proposed facility is designed and intended to help address the healthcare and housing needs of New Hanover County residents. Under the New Hanover County Unified Development Ordinance (UDO), the proposed use is categorized as Senior Living: Assisted Living Facility. The proposed facility will be licensed through the State of North Carolina, Division of Health Service Regulation Adult Care Licensure Section, and the proposed facility is subject to compliance with all applicable rules, regulations, inspections and permitting. The proposed use is a benefit to public health and community housing needs, and particularly with regard to the aging population, as it will contribute to the number of assisted living beds in New Hanover County. Board of Commissioners - May 5, 2025 ITEM: 17- 9 - 13 Carillon is very experienced in operating similar facilities throughout State, having opened the doors to its first assisted living community in 1997. There is a significant need for licensed assisted living and memory care beds in New Hanover County. In fact, there are no licensed assisted living care facilities within a 2.5-mile radius of the proposed site. There is only one licensed assisted living facility in a 5-mile radius. The need for licensed assisted living is in high demand in this area of New Hanover County and thus this use would improve the public health. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. The proposed use will comply with all applicable provisions of the UDO, including Section 4.3.2.13.4, Senior Living: Assisted Living Facilities, which include the following: Senior Living: Assisted Living Facility Developments in this category that are not part of a continuing care retirement community shall comply with the following standards: a. The minimum lot size is five acres. The proposed site is 10.61 acres. b. Maximum height shall be limited to 35 feet when buildings are placed within 50 feet of single-family residential lots or parcels. All proposed structures will adhere to the maximum height requirements. c. Except as otherwise required by subsection c above, the height of buildings may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. All proposed structures will adhere to the maximum height requirements. d. The site must be served by public water and sewer. Public water and sewer are available. The Applicant will extend public water and sewer to the subject property. e. Maximum impervious area shall not exceed 50 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. The use will conform to all requirements. Please see the proposed Special Use Permit site plan. 2 Board of Commissioners - May 5, 2025 ITEM: 17- 9 - 14 f. Open space and improved recreation space shall be provided at a rate of 20 percent of net acreage. Vegetative buffers of not less than 20 feet are required for all proposals. The proposed use will conform to all requirements. Please see the proposed Special Use Permit site plan. g. Frontage on an arterial or collector roadway is required. The proposed location satisfies this requirement. Military Cutoff Extension is a principal arterial according to the WMPO Roadway Functional Classification Map as seen below. .......... LOB WMPO F�nnional Classfrauons —Pr sp �n.l-F.s..ey o�Eapeawey —Rndpsl Amedal-Odin —M�m�Wttnel —�qo- Ulkmn —MimrCdlactw A �/ZA`(y WMPO Boundary Li i psM1owsloalWMPO luncnonal clastilicatlons. �1tls map anal NOT iepreaem r-1 p,,p—al a>.If�callon and shoWd he usatl tar local purpxas only --_sner mnwen Mm d4-1 on melop )aI mr �Alonna�lo:pa<ir lunclional nas:m auans. vn��a� liei u a single funcdenal classkRcailen er muFiye a� a 3 General Location of site. h. All other local state or federal permits or authorizations are required. The proposed facility will be licensed by the State of North Carolina through the Division of Health Service Regulation Adult Care Licensure Section. The proposed facility will be subject to all applicable rules, regulations, inspections and permitting for an assisted living facility with memory care component. All other applicable Federal, State and local permits and authorizations will be obtained. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. The proposed Assisted Living and Memory Care facility will not substantially injure the value of adjoining or abutting property. Assisted Living and Memory Care, which 3 Board of Commissioners - May 5, 2025 ITEM: 17- 9 - 15 classified as a residential use under the NHC UDO, is a low -impact use that will be an asset to the community and provide much needed healthcare and housing options for New Hanover County residents and their family members. Given the population growth of New Hanover County over the last decade and the projections for future growth, the proposed facility can also be viewed as a public necessity, as there is a demand for additional licensed assisted living and memory care facilities in New Hanover County. It should be noted also that the proposed site is located in what is essentially an undeveloped portion of the County and surrounded almost entirely by vacant land, as seen on the excerpt below from the NHC GIS: Carillon intends to build a very high -quality, attractive and extensively landscaped, well -designed facility that will be an asset to the community and enhance the surrounding area. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. In addition to the foregoing, the NHC Comprehensive Plan states that our community has experienced a significant increase in the senior population (see Comp. Plan Public Engagement Plan p. 3). Providing alternative housing options to serve the growing senior population is consistent with the goals of the Comprehensive Plan, as stated in Goal XV and Guideline XV.A.3 as follows: Goal XV.- Provide for a range of housing types, opportunities, and choices. Implementation al Board of Commissioners - May 5, 2025 ITEM: 17- 9 - 16 Guideline XV.A.3 Review zoning regulations where appropriate to accommodate populations with special needs such as the elderly and disabled. This is consistent with both the population and housing needs trends seen in New Hanover County in recent years. For instance, the U.S. Census Bureau estimated in July of 2023 that persons 65 years and older make up 19.6 percent of the County's population (which is greater than the national percentage of 17.7%). New Hanover Age and Sex County, North 13 United States 13 Carolina e Population estimates, July 1, 2023, (V2023) 8 238.852 8 334,914.895 Age and Sex 8 Persons under 5 years, percent 8 4.5% 6 5.5% 6 Persons under 18 years, percent 8 17.5% 8 21.7% 8 Persons 65 years and over, percent 8 19.6% 8 17.7% 9 Female persons, percent 8 52.4% 8 50.5% Source: U.S. Census Bureau website. Also, the Bowen National Research Housing Needs Assessment Update 2022 similarly provides: Projections for 2027 indicate that the greatest growth of household heads by age will occur among those 75 and older with an increase of 3,072 households (24.6% increase) within the CSA. The Bowen report further states: The projected significant increase in senior households age 65 and older (3,972 Table 10 BOWEN NATIONAL RESEARCH IV-7 households) indicates a likely increase in demand for senior -oriented housing of both independent and assisted -living types, while the expected growth in households between the ages of 35 and 54 (1,665 households) will likely contribute to demand for family -oriented housing. Bowen National Research Housing Needs Assessment Update 2022 pages IV6 - IV7 (emphasis added). Page II-3 of the Bowen report, Figure 12, further illustrates the projected increase in senior -led households, particularly in the 75+ category. 5 Board of Commissioners - May 5, 2025 ITEM: 17- 9 - 17 The following graph (see Figure 12) illustrates the projected change in households by age between 2022 and 2027. Chanige in HouseholSA d Heads by Age (2022-2027) <25 175 25-34 35-44 �r[� 45-54 55-64k •. 65-74 75+ -1,000 -Soo 0 Soo 1,000 1,500 2,000 2,500 3,000 3,500 Bowen National Research Housing Needs Assessment Update 2022 page II-3. Accordingly, this Special Use Permit request is a benefit to the community by filling a demonstrated need for housing options and alternatives for the elderly population. Also, the proposed project is located within the Community Mixed Use placetype. This placetype is suitable for a mixture of uses, including the type of moderate density residential that would be comparable to an assisted living facility: DESIRED USES Types of Uses projeds Mix of Uses Office Retail MIXED 115E ..o re«. �.. Pam.. w •. Mixed Use Multi -family Residential Single -Family Residential HOUSING Recreational t Typieol Zoning Categories Moderate Density Residential Commercial Office & Institutional Mixed Use The proposed project is a good example of the land use compatibility of permitted residential uses within the R-15 zoning district and the more intense Community Mixed Use placetype. By combining residential and healthcare services into a low -impact use, the proposed assisted living and memory care facility is compatible with both the residential zoning district and the Community Mixed Use placetype. C. Board of Commissioners - May 5, 2025 ITEM: 17- 9 - 18 The proposed project will also create skilled jobs for County residents, support future economic growth in the County and increase the County's tax base. In conclusion, the proposed Assisted Living and Memory Care facility meets all of the requirements for the issuance of a Special Use Permit, provides much needed healthcare and housing options for County residents and their family members, and will be a significant benefit to the community. 7 Board of Commissioners - May 5, 2025 ITEM: 17- 9 - 19 Concept Plan Board of Commissioners - May 5, 2025 ITEM: 17- 10 - 1 SITE VICINITY MAP SCALE: 1" = 1,000' NORTH 4 IM M Board of Commissioners - May 5, 2025 ITEM- 17 11 1 SITE DATA TABULATION PROJECT ADDRESS: PROPERTY OWNER: PARCEL ID: DEED BOOK / PAGE: CURRENT ZONING: TOTAL SITE AREA: PROPOSED USE: MILITARY CUTOFF ROAD LEWIS SYLVIA W ETAL 5018 MARATHON LANDING CT CASTLE HAYNE, NC 28429 R02800-004-01 1 -000 R02800-004-012-000 9908 / 2421 R-15 (RESIDENTIAL) ±10.61 ACRES OR 462,139 SF SENIOR LIVING: ASSISTED LIVING FACILITY FLOOD INFORMATION: THIS SITE IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY FEMA FLOOD PANEL 3720325000J, DATED APRIL 3, 2006 NUMBER OF BUILDINGS: 1 BUILDING GROSS FLOOR AREA: 48,245 SF PROPOSED BUILDING HEIGHT: 35' MAX NUMBER OF STORIES: 1 NUMBER OF BEDS: 89 DIMENSIONAL REQUIREMENTS R-15 I 1\IlIV I JL I U/'9Vf\. LaJ SIDE SETBACK, INTERIOR: 10, REAR SETBACK: 20' MAX BUILDING HEIGHT: 35' (50' WITH INCREASED SETBACK)* *PER SECTION 4.3.2.B.4 OF THE UDO. BUILDINGS MAY BE INCREASED TO NO MORE THAN 50' IN HEIGHT WHEN SETBACKS ARE INCREASED TO EQUAL THE PROPOSED BUILDING HEIGHT. PARKING STANDARDS STANDARD: 1 SPACE PER 3 BEDS REQUIRED: 30 SPACES (89 / 3) PROVIDED: 61 SPACES OPEN SPACE REQUIRED: PROVIDED: I --vi"IN I I AND TRANSFORMER ABANDONED OR RELOCATED 2.1 AC (20% OF SITE) 2.2 AC (INCLUDING COURTYARD AMENTIY) IMPERVIOUS AREA PROPOSED IMPERVIOUS AREA: BUILDINGS: 51,000 SF PARKING / DRIVEWAYS: 50,000 SF SIDEWALKS: 9,100 SF AMENITY: 10,000 SF TOTAL 120,100 SF (26.0% OF THE SITE) GENERALNOTES 1. ALL EXTERIOR SIGNS TO BE PERMITTED SEPARATELY AND SHALL COMPLY WITH SECTION 5.6 OF THE UDO. 2. TRIP GENERATION IS LESS THAN 100 PEAK HOUR TRIPS. A TRAFFIC IMPACT ANALYSIS IS NOT REQUIRED. WASTE DISPOSAL WASTE DISPOSAL WILL BE PROVIDED WITH A CENTRAL DUMPSTER LOCATION. THIS LOCATION HAS BEEN NOTED ON THE PLAN. ALL TRASH AND RELATED EQUIPMENT SHALL BE SCREENED FROM VIEW FROM THE PUBLIC RIGHT-OF-WAY. UTILITY INFORMATION CONTRACTOR SHALL INSTALL WATER AND SEWER SERVICES IN ACCORDANCE WITH CFPUA STANDARD DETAILS AND SPECIFICATIONS. EXTERIOR LIGHTING EXTERIOR LIGHTING SHALL COMPLY WITH SECTION 5.5 OF THE UDO. W T ET w 13 1 EXISTING VEGETATION SITE BOUNDARY ADJACENT PROPERTY BOUNDARY OPEN SPACE WETLANDS 1. THE SITE SITE IS WOODED AND CONTAINS MOSTLY A MIXTURE OF LOBLOLLY AND POND PINES RANGING FROM 6"-13" DBH. UNDERSTORY VEGETATION CONSISTS OF A MIXTURE OF RED BAY, INKBERRY, AND WAX MYRTLES APPROXIMATELY 3" DBH. A SMALL AMOUNT OF LONG LEAF PINES (LESS THAN 10) RANGING FROM 9-16" DBH ARE LOCATED NEAR THE NORTHWEST CORNER OF THE SITE. 2. PRIOR TO CONSTRUCTION ACTIVITIES, APPLICABLE TREE REMOVAL PERMITS SHALL BE OBTAIN FROM NEW HANOVER COUNTY. WETLANDS PRELIMINARY JURISDICTIONAL DETERMINATION ISSUED 01/23/25 BY THE US ARMY CORPS OF ENGINEERS. APPLICABLE PERMITS TO BE OBTAINED PRIOR TO CONSTRUCTION ACTIVITIES. WETLANDS TO BE IMPACTED: ±4.30 AC / 187,158 SF WETLANDS TO REMAIN: ±4.32 AC / 187,965 SF iN -000 0 R. ~ G rTl r� V J O U O w W 'W 1� W O i Fr"^� VTJ� In I --I 0 20 40 80 160 W ,^/ � SCALE: 1 "=40' p r z O co V a <=O I—� N W Q w Q V � w O Q N oILL �Z z 0 w U U WO Z C 00 N � Z � p N �o V W V Z O U W N V 0 O Z \,O U bjo� Z Z �W ob N � QwU QUO W 0 � U�3 Lr)oW0U N Ur CD 2!- m m F O 0 Q H M) D v~z i O LL �o0 o z �3 U >w6° Cl �Q�o 0 > o W� p� > z Z W, O U J J W Q W J 2� U z W Q J 0 H Q fn 9 w Z d 0ali W 0 V)000 SEAL\0i11111iiN/ CARo�ES.. 9 9�°• , 028847 — O FNGINE��°°�'\ y° ......°°SGP��. G. 2120125 SUP-1 PEI JOB#: 24264.PE