City ofHenderson Development Services Department Post Office Box 1434/134. Rose Avenue/Henderson, NC27536-1434Phone: 252)430-5723/FAX: (252)492-7935 henderson.nc.goy HENDERSON ZONING BOARD OF ADJUSTMENT AGENDA Tuesday, February 4, 2025 - 3:30 P.M. Council Chambers (1) CALL TO ORDER (2) CONFLICT OF INTEREST No member shall participate or vote regarding any zoning or quasi-judicial matter that would violate any affected person's constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having ai fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person ora a financial interest in the outcome of the matter. Ifany member of this bodyl knows of any suchi impermissible conflict, they should declare the same before discussions proceed on the respective matter. Moreover, any ex parte communications occurring outside of the public hearing herein conducted by any member should be disclosed at this time. (3) NEW BUSINESS: Evidentiary Hearing: (Case: 2501-01Z): Request for Special Use Permit for a daycare facility located at 1704 Raleigh Road, PIN # 0066 03021, B2A (Highway Commercial "A" District). (4) OLD BUSINESS: 2024 Draft Minutes January, March, August to November: Minutes were never approved. (5) ADJOURNMENT NEXT SCHEDULED MEETING: March 4, 2025 Board of Adjustment Action Form Development Services Department P.O. Box 1434 Henderson, NC 27536 252.430.5723 HE Agenda Item: New Business Board of Adj. Meeting: February 4, 2025 3:30PM CAIR TO: Members of the Zoning Board of Adjustment FR: Planning Department Staff RE: Denise Hawkins New Business Evidentiary Hearing: (Case: 2501-01Z) Request for a Special Use Permit for a Daycare facility to be located at 1704 Raleigh Road, parcel number 0066 03021, B2A (Highway Commercial A District). Executive Summary Denise Hawkins is requesting a Special Use Permit for a Daycare facility to be located at 1704 Raleigh Road, parcel number 0066 03021, B2A (Highway Commercial. A District). (See application for details) Ordinance Requirements: Article 2: Article 3.11 (D) Section 513 Parking: 510.2.21 TRC Comments: None. Staff Comments: Daycare, Nursery requires a special use permit in the B2A district. Regulations for Daycare Required Parking 1.15 spaces per employee Citizen's Concerns: None currently. Completeness of Application: X The application is complete. The application isi incomplete ini the following: Reasons Why: Board of Adjustment's Action: BOA 2501-01Z1704 Raleigh Road The application complies with all applicable requirements of the zoning ordinance: The application is not in compliance with the following requirements of the zoning ordinance: DECISION OF THE BOARD Members of the Board of Adjustment please note when making a motion to approve or deny; items "a" through "P" must be read along with any condition if applicable. Compliance with Ordinance Requirements - Section 803-Special Use Permit: The Board of Adjustment shall hear and decide any application for a special use permit, and shall issue said permit where the applicant has demonstrated by the preponderance of evidence that the standards of this Ordinance, including the following shall be met: (a) That the use will comply with the requirements of Article 600A and 600B of this Ordinance. (b) That the use will not materially and adversely affect the public health, safety or welfare; (c) That the use will not substantially injure the value of adjoining or abutting properties; (d) That the use will be in harmony. with the area in which it is located; or be a matter of public need; (e) That the use will not substantially contribute to an overburdening of municipal services; (f) That the use will be in conformity with the Henderson Land Use Plan and other duly adopted plans and policies of the City; Special conditions: Page 2of3 BOA: 2501-01Z: 1704 Raleigh Road Enclosures: 1. BOA Action Form 2. Application Packet 3. Site Plan (Part of Application) 4. Aerial Map/Zoning Map 5. - Adjacent/Nearby Property Owners Mailing List Page 3of3 CITY OF HENDERSON DEVELOPMENT SERVICES SPECIAL USE PERMIT APPLICATION 134 ROSE AVENUE HENDERSON NC: 27536 252-430-5722 phone 252-492-7935 fax henderson.nc.gov $450 FEE Application Instructions: Complete all applicable sections in this form. No application will be processed byt the Planning Department until a complete application and all required documents are received and paid. Staff may request additional information or plan depending on use requirements. A scaled site, floor, elevation, demolition plans must be submitted with application. Sitel Plan DI Floor Plan DElevation Plan Demolition Plan (ifa applicable) Utility Plan (if Applicable) Mayl be submitted after review but will be condition of Board of Adjustment Approval. The Zoning Board of Adjustment will hear this case based on thei following factors: Section 803 - Special Use Permit: 1. The use will comply with the requirements of Article 600A and 600B of this Zoning Ordinance. 2. The use will not materially and adversely affect public health, safety or welfare; 3. The use will nots substantially injure the value of adjoining or abutting properties; 4. The use willl bei in harmony with the areai in which iti is located; or be a matter of public need; 5. The use willr not substantially contribute to an overburdening of municipal services; and 6. The use willl bei in conformity with the Henderson Land Use Plan and other duly adopted plans and policies of the City. Owner's Name (As Listed on Tax Records)" *: MichealE, Auderson Street Address: lblewis Lu Ciry,State Zip Contact phone #5a) H92-7438 Email Address: Applicant's Name: Denise Hawbins Street Address: 1189fern 499ft lane City,StateZip Contact phone #: A52-433-7940 Email Address: denisehaubins 9m@-pka Contractor's Name: (Ifapplicable) Street Address: City, State Zip Contact phone #: Email Address: Heuderson, AC. 37537 Heridersou, U081537 PLEASE ANSWER THE FOLLOWING GENERAL QUESTIONS: 1. What is1 the project name? Politeness Childcove Center a a753e 2. Where is the property location? 04t Balegh Rd. Henderson, 0C. 3. Attach at typewritten description oft the proposal project. Include how thel business will operate, hours, and staffing. Special Use Permit. Application Page 1of2 Revised 5/31/2023 4. What is thel legal relationship of the applicant to property owner? Lorl 5. Will the business bei in an existing building? CircleVESor NO Whati is the existing square footage? 44O What is the proposed square footage?, 4440 What is the total square footage? 1440 7. Are there any new additions, upgrades, or rehabs for the existing building? Circle VES OrNO) 8. How many parking spaces exist ont the property?. 3outhe front oAhhebellug 9. How many parking spaces are proposed on the property?. Icertify that all thes statements madei int this applicationa and any attached documents aret true, complete, and correct tot the best of my knowledge and belief and are made ing good faith. lunderstand that false information may be grounds for rejection of this application. Authorized City of Henderson representatives: are grantedrightofentyto: make evaluations ori inspections: andtoreleasei information upon publici request. Applicant Signature Mlovie Olwino Date Misbeul E. Amdoroon Property Owner Signature or Authorized. Agent FOR DEVELOPMENT SERVICES STAFF ONLY: Date Proposed Use: PIN# #: City or ETJ: Front Setback: Rear Setback: Board of Adjustment Date: Received By:. Date Paid: Check #: Special Use Permit Case # Board of Adjustment Action: Fee: How Paid: Receipt#: Zoning: Side Setback: Lot Width: Special Use Permit Application Page 2 of2 Revised 5/31/2023 Denise Hawkins 155 West Spring St. Henderson, NC 27536 To Whom It May Concern, Owner/Operator, Politeness Childcare Center lam writing to formally propose the relocation of Politeness Childcare Center from our current address at 155 West Spring St., Henderson, NC, to a new facility located at 1704 Raleigh Road. This transition is essential for providing a safer, more spacious, and better-equipped environment for the children, staff, and families we serve. The new facility offers a variety of improvements designed to enhance both learning and safety. Specifically, it includes a larger fenced-in outdoor play area, allowing children to engage in more diverse and enriching learning experiences. Indoors, the new layout is thoughtfully designed to meet our operational needs and adhere to health and safety regulations. Additionally, the new building provides a dedicated and safe drop-off and pick-up area for parents, with staff escorting children to and from the building to ensure their safety at all times. Politeness Childcare Center operates on both first and second shifts, with operating hours from 6:00 AM to 3:00 PM for the first shift and 3:00 PM to 11:00 PM for the second shift. The center serves 40 children per shift, with 4 teachers on staff during each shift to ensure a nurturing and attentive learning environment. The transition to the new location will allow us to continue these services while enhancing our capacity for quality care. Facility Details The new floor plan has been designed to accommodate the needs of children of various age groups, ensuring an optimal learning and developmental environment. Key areas include: Infants and Toddlers area:Specifically designed for children under 2 years old, with direct 2-Year-Olds area: A spacious room to cater to the developmental needs of this age group, 3-to-5-year-Olds area: A dedicated area for preschool-aged children, equipped for early Kitchen: Centrally located for meal preparation, ensuring efficiency and hygiene. Restrooms: Multiple (3) restrooms accessible from all rooms to provide convenience and safety.ofChilren and Soff. Boch bosinrbom have OUE Slail. To ahrboms Playground: A securely fenced outdoor play area, accessible from the building and large access to restrooms. adjacent to necessary facilities. childhood education. chlirabtto one bayhom frStaff. enough to support active outdoor learning. Each classroom is specifically designed with appropriate dimensions and safety features, as refleçted in the attached floor plan. The new facility also offers dedicated employee parking and a separate parent parking area for convenient and safe drop-offs and pickups. This transition represents a significant step forward in our mission to provide a secure, nurturing, and educational environment for the children of our community. We believe the new facility will not only meet but exceed the expectations of parents and regulatory agencies. Thank you for your consideration. Please let me know if you require additional details or further documentation to support this proposal. Sincerely, Denise Hawkins owner/Operator Politeness Childcare Center 155 West Spring St., Henderson, NC 27536 Contact: [Your Contact Information] LLL 48' 1.21n. 7in 3inch RR RR RR. 2in. 4in. Bin. E - + bngnt 2ohgdwg b4et L.4At Lbft w:4ft w:5ft w4ft - a 33 C bs o 4e 3 45 53 s EX Building Sketch. NOTE: Sketches are updated thei first day ot every month. (Building 1)- Sketch for Parcel ID: 0066 03021 NOTE: Sketches are updatedt thet first day ofe every month. A DAY CARE CENTER 1440.00 1440.00 Lan Supplemontal MapA Acres Tax District! Note Present-Use Info Zoning Code Zoning Desc 0 112-FIREI DISTRICT HB2A HIGHWAY COMMERCIAL" "A" Total Improvemmnts Valuatinn Totall Improvements Full Market Value $ "Total improvements. Assessed' Value 44,333 44,333 "Note-Market Value effective! Date equal. January 1, 2016, date of County'sr mostr recent Generall Reappraisal Note-lfAssessed" Valuer note equal Market Valuet theny variance resullingf from formal appeal procedure Land Value Detail Effeclive Dates January 1.2016. date ol county 5 most recent General Reappraisal Land Full Value (LFV)S 13,500 Rate Type Land Present-Use' Value (PUV)S" 13,500 Land" Total Assessed' Value $ 13,500 "Note: IFPUVE equal LMVI thenp parcel has noto qualified fors presentu usep program Land Detail Ellecti A DAS AuRErV 1. omge mnuntys mosfxscen! Goneral Rempprasall Rate Code Description Quantity Property Owner ANDERSONI MICHAELE Adreinstrative Data Parcell IDI No. PIN Owner ID Tax District Land Use Code Land Use Desc Neighborhood Imgr ovematDetai Year Built Built Use/Style Grade Percent Complete HeatedArea (S/F) Fireplace (Y/N) Basement (Y/N) * Bedroom(s) Bathroom(s) *** Multiple Improvements Note- -Aso ofJ January1 owner's Maling Aadress 110LEWISLN HENDERSON, NC: 27537 Administrative Data Legal Desc Deed) Year BK/Pg 2018 - 1339/1197 Plat Bk/Pg Sales nronsuton Grantor Sold Date Sold Amount $ 25,000 1964 DAY CARE CENTER D+1 100 1,440 Y N 0 2Full Bath(s) 01 Half Bath(s) 001 Property Locin AcCIass 1704 RALEIGHRD Vanarion nTormIsuon Market Value $ 57,833 Market Value Land ande all permanent improvements, ifany, effective January 1, 2016, date of County's most recent General Reappraisal Assessed' Values 57,833 IfAssessed Value note equal Market Valuet thens subject parcel designated as a special class -agricultural, horticultural, or forestland andt therebye eligiblef fort taxation onb basis ofF Present- 00660 03021 0066 030 021 11416 112-FIREDISTRICT 1704 RALEIGHI RD DAYCARE BOYDE BETTYT BOYD. JAMES GLENN 2018-02-22 072 Use. *Note- Bathroom(s), Bedroom(s), shownf ford dèscription only "Nole- Ifmultiplei improvements equal" MLT" then parceli includes addifional majori improvements a457 2FAP o da ak asad, ainpa, pinte B P0f-.7 'e 'M 757 O8HO13WS 666659 3 Unified Development Ordinance CityofH Henderson and or sales. A person ora agroup renting the facility cannot obtain ABC permit for their event. (c) A place of assembly shall be located in a radius oft two hundred fifty (250) feet from any school or church, and fifty (50') from any residential dwelling unit or residential district measured from the occupied/rentable space. (d) Place ofa assembly shall not operate between the hours of1 AM to 7 AM. (e) Place of assembly adjacent to a residential dwelling or residential dwelling shall maintain a 65 decidable level between the hours of operation. (C) Cemetery. (1) Acemetery shall have a minimum land area of3a acres. (2) Acemetery site shall have its primary vehicular access directly to and from a boulevard or collector street. Any vehicular access to ori from al local street shall be located and designed to function as a secondary point of access only. (3) Cemeteries shall have al layout that includes a minimum of 50 burial plots. (4) A cemetery shall include adequate space for the parking and maneuvering ofi funeral (5) All buildings located on a residentially: zoned lot shall be subject to the setbacks outlined (6) Ifacemetery use is combined with at funeral home, the combined use shall comply with the standards (including districts where permitted) applicable to each component use. processions. int the OI zoning district. (D) Daycare. (a) AC daycare shall have direct access to an existing public street with sidewalks to accommodate pedestrian traffic to and from the center. (b) Ad daycare shall be located to facilitate the drop-offand pick-up of all persons attending the center readily and safely without blocking the public street. Adult daycare facilities shall provide step-free access. (c) Ifr not located in a stand-alone building or a dwelling, a daycare providing childcare shall be segregated (including the restrooms) from the remaining portion of the building in which iti is located. Article 3 48 September. 15, 2024 City ofH Henderson Unified Development Ordinance (d) Daycares providing childcare shall be located at least 1,000 linear feet from sexually (e) All facilities required to be licensed by the State of North Carolina shall demonstrate oriented businesses and 5001 feet from bars and nightclubs. compliance with 10A NCAC09. (f) Home daycares that comply with 10A NCAC 09 are exempt from zoning regulation. (g) City may request license from State of North Carolina Department of Health and Human Services Division of Child Development prior issuance of Certificate of Compliance. (E) Hospice. Al hospice shall not exceed 10,000 square feet of gross floor area in Residential districts. SECTION 312. UTILITIES, TRANSPORTATION, AND COMMUNICATION (A) Commercial Parking Facility. (1) Surface Parking Lots. Street frontage shall be limited to a maximum of 751 feet in width. (2) Parking Structures or Decks. (a) Design. (i) Ventilation from parking decks shall be directed away from residential uses. (ii) The ground floor, when abutting aj public right-of-way, including a sidewalk or other pedestrian way, shall be fenestrated for at least 51 percent of the ground floor of the facade. For this purpose, ground floor shall be considered the area as measured from average adjacent grade of the right-of-way to al height of: 131 feet. (ii) For the height of the structure, facades shall include fenestration that screens vehicles from view. Such fenestration mayi include louvers, openings screened with vegetation, or decorative screening. (b) Parking structures adjacent to any type of residential use shall: (i) Be enclosed to prevent light spillover from headlights, noise, and pollutants; and (ii) Incorporate architectural design elements, including surface treatments, offset planes, structural articulation, and landscaping to provide visual interest and compatibility with adjacent residential uses. September15,2024 49 Article. 3 City ofHenderson Planning and Community Development Department Post Office Box 1434/134 Rose. Avenue/Henderson, NC: 27536-1434 Phone: 252)430-572/FAX: (252)492-7935 henderson.nc.goy HENDERSON ZONING BOARD OF ADJUSTMENT DRAFT MINUTES Tuesday, March 5, 2024-3:30P.M. PRESENT City Members: Ruxton Bobbitt, Horace Bullock, Danny Wilkerson, Richard Brand, Freddie Harris ETJ Members: Arnold Bullock, Edward Spain, Phil Walters ABSENT City: Sharon Owens ETJ: None STAFF PRESENT Robert Harris, Planner Rix Edwards, City Attorney CALL TO ORDER ROLL CALL Corey' Williams, Development Services Director Ruxton Bobbitt called the meeting to order at 3:30 p.m. Robert Harris called the role. A quorum was present. CONFLICT OF INTEREST STATEMENT read by Ruxton Bobbitt. No conflicts were known. OLD BUSINESS: Evidentiary Hearing: (Case: 2401-01Z) Request for a Special Use Permit for a mobile home to be located at 130 Sleepy Eye Lane (PIN # 0541 04010), R15M (Moderate to Low Density Residential-HUD Code Home District). Planning staff recommends thei item be tabled with no time allotment set. Ruxton Bobbitt asked the Board of Adjustment to table the item. Danny' Wilkerson recommended the motion be tabled and Freddie Harris seconded. It was voted unanimously. NEW BUSINESS Mr. Ruxton Bobbitt introduced the item for business. Evidentiary Hearing: (Case: 2403-01Z Request for Special Use Permit for a daycare facility located at 401 Brodie Road, PIN # 0218 01006, Office Institutional). Ruxton Bobbitt opened the public hearing. BOA Minutes 3/5/2024 Corey' Williams and Carolyn Perry were: sworn in to provide testimony to this case. Corey Williams provided information concerning the existing building. The building was the former Masonic Lodge. The applicant is requesting a special use permit for a daycare. The applicant is currently operating a daycare and this building will allow expansion. The building is 9,000 square feet and the zoning is Office Institutional which meets the requirements oft the zoning ordinance. The parking is based on the number of employees at the facility which is less Ruxton Bobbitt asked about the septic system. Corey Williams said it may need to be than 15 employees. recertified. SUPPORT: Carol Perry (Vance County Community College, 5001 WE ESt/ Butner, NC: 27509): Ruxton Bobbitt asked the question about the application. Carolyn Perry told the Board of Adjustment that it is currently in al building less than 3,000 square feet. The first phase of the project will be for classrooms and this will consume 4,000 square feet. As the business grows, the other parts oft the building will be consumed. The building is in excellent condition. The storage buildings have been removed and the landscaping is being completed. Ruxton Bobbitt asked the hours of operation and how many children are going to be there. Carolyn Perry said there are two shifts starting at 6 AM to 31 PM and 3 PM to 11PM. There will be a maximum of 45 children with 5 employees per shift. Ruxton Bobbitt asked about the septic system with reference to the number of children. Carol Perry responded Karen Perryis required to meet the following departments: planning. fire, sanitation, sheriff and the Department of Human Health Services Child Care Division. Ruxton Bobbitt asked how are the children going tol be dropped off or walked in by the parent. Carol Perry explained there is a parking lot on each side oft the building and children will be walked into the building. The parking lot toi the left of the building will be used for drop off and Danny Wilkerson asked if there were any exterior lighting issues. Carolyn Perry responded the lighting has been completed where the classrooms are located. However, outside the building where the playground areas are located there will be additional lighting for security purposes. Ruxton Bobbitt asked about the site triangle oft the property. Corey Williams explained that NC Department of Transportation will need to look at all the site triangle possibilities to ensure pick up. Danny Wilkerson mentioned there is no street lighting on the road. public safety. No one: spoke in opposition. Ruxton Bobbitt closed the publichearing. Page 2 of5 BOA Minutes 3/5/2024 Danny' Wilkerson made the motion that the Special Use Permit be GRANTED based on the (a) That the use will comply with the requirements of Article 600A and 600B of this Ordinance; (b) That the use will not materially and adversely affect the public health, safety or welfare; (c) That the use will not substantially injure the value of adjoining or abutting properties; (d) That the use will be in harmony with the area in which it is located; or be a matter of public (e) That the use will not substantially contribute to an overburdening of municipal services; (f) That the use will be in conformity with the Henderson Land Use Plan and other duly preponderance of evidence: need; adopted plans and policies oft the City. Special Conditions: and sewer system. Danny Wilkerson added the applicant is required to meet the requirements of thel lighting Second by F Harris. Motioned carried. Special Use Permit GRANTED: AYES-(City): R. Bobbitt, H Bullock, DI Wilkerson, FH Harris, RI Brand, A Bullock, P Walters, ESpain NAYS-( (City): None, (ETJ): None. It was a unanimous decision. Evidentiary Hearing: (Case: 2403-02Z Request for Special Use Permit to expand a storage facility 15'x30', located at 263 Southside Estates Ct, PIN#022203020A, R15M (Moderate to Low Density Residential HUD Code Home). Ruxton Bobbitt announced the applicant was not present for this public hearing. Evidentiary Hearing: (Case: 2403-03Z) Request for a Special Use Permit to allow for a sale and consumption of beeri indoor and outdoor at 221S Garnett Street (PIN # 0001 03021), B1 (Central Business District) City. Corey' Williams and Carol Terwilliger were sworn in to provide testimony to this case. Corey' Williams provided information to the Board of Adjustment concerning the public hearing. Carol Terwilliger is relocating from 234S SG Garnett Street to 221S SG Garnett Street. There will not be a display area in the sidewalks. Ruxton Bobbitt opened the public hearing. SUPPORT: Carol Terwilliger (151 W Belle Street/ Henderson NC 27536): Requesting a special use permit Ruxton Bobbitt asked about an additional license pertaining to the alcohol consumption. Rix Edwards replied there is an additional fee. The Alcohol Beverage Commission (ABC) ist the because alcohol will be served. Cider is considered ini the wine category. Page: 3of5 BOA Minutes 3/5/2024 authority. Corey' Williams and the police chief had a conversation concerning the alcohol consumption. Ift the applicant requested to sale canned beer or it is individually sold there has to be an agreement with Emrose Corporation on allowing Emrose Park to have it. Depending on Ruxton Bobbitt asked about the side entrance into Emrose Park. Carol Terwilliger responded there is al back door to the park. The public can drink at Emrose Park or within the store area Richard Brand asked Carol Terwilliger ift there was alcohol at the previous location. Carol the license, the ABC is required to take finger prints and background checks. however, opening alcohol on the sidewalk is prohibited. Terwilliger answered "yes". The permit stayed with the address. Rix Edwards said this procedure is the building not the park. The Zoning Board of Adjustment is not giving her permission to use Emrose Park. The permitting is ini the building and not outside. No one spoke in opposition. Ruxton Bobbitt closed the public hearing. Danny' Wilkerson made the motion that the Special Use Permit be GRANTED based on the a) That the use will comply with the requirements of Article 600A and 600B of this Ordinance; b) That the use will not materially and adversely affect the public health, safety or welfare; c) That the use will not substantially injure the value of adjoining or abutting properties; d) That the use will be in harmony with the area in which it is located; or be a matter of public e) That the use will not substantially contribute to an overburdening of municipal services; f) That the use will be in conformity with the Henderson Land Use Plan and other duly preponderance of evidence: need; adopted plans and policies oft the City. Special Conditions: Ruxton Bobbitt stated the Board of Adjustment grant their decision based on a modification Second by P Walters. Motioned carried. Special Use Permit TABLED: AYES-(City): R. Bobbitt, D Wilkerson, R Brand, FH Harris, HI Bullock, P' Walters, Al Bullock, ES Spain NAYS-( (City): None, (ETJ): Ruxton Bobbitt asked staff on the procedure for item 2. Corey Williams responded to the Board of Adjustment the site plan is being revised. It was recommended by staff to table the item. Richard Brand made the motion that the Special Use Permit be TABLED based on the to revise site plan to include exterior space. None. It was a unanimous decision. preponderance of evidence: Page 40 of5 BOA Minutes 3/5/2024 a) That the use will comply with the requirements of Article 600A and 600B of this Ordinance; b) That the use will not materially and adversely affect the public health, safety or welfare; c) That the use will not substantially injure the value of adjoining or abutting properties; d) That the use will be in harmony with the area in which it is located; or be a matter of public e) That the use will not substantially contribute to an overburdening of municipal services; f) That the use will be in conformity with the Henderson Land Use Plan and other duly Second by E Spain. Motioned carried. Special Use Permit TABLED: AYES-(City): R. Bobbitt, D Wilkerson, R Brand, F Harris, HI Bullock, PI Walters, A Bullock, ESpain NAYS-( (City): None, (ETJ): need; adopted plans and policies of the City. None. It was a unanimous decision. MINUTES: 2024. Minutes were approved for February 6, 2024. Edward Spain approved the minutes for February 6, 2024. Motion carried. Minutes have not been approved for December 5, 2023 and. January 2, SPECIAL MEETING: Corey Williams is requesting to the Board of Adjustment a Special Meeting on March 19, 2024 at 3:30 PM for Chris Brewer located at 420' Warrenton Road. Richard Brand will not be there. Robert Harris will be leaving the City of Henderson and going to the City of Oxford. My last day RESIGNING: is March 20, 2024. ADJOURNMENT 4:10 PM. Motion to adjourn made by Edward Spain. Second by Ruxton Bobbitt. Meeting adjourned at Respectfully Submitted, Robert Harris Planner Page 50 of5 City of Henderson Development Services Department Phone: 252)430-572/FAX: (252)492-7935 Post Office Box 1434/1341 Rose. Avenue/Henderson, NC 27536-1434 henderson.nc.goy HENDERSON ZONING BOARD OF ADJUSTMENT DRAFT MINUTES Tuesday, (06-04-24)- -3 3:30P.M. PRESENT Brand ABSENT City: Freddie Harris ETJ: None STAFF PRESENT City Members: Ruxton Bobbitt, Danny' Wilkerson, Sharon Owens, Horace Bullock, Richard ETJ Members: Arnold Bullock, Edward Spain, Phil Walters Corey Williams, Development Services Director Dorothy Jones-Wortham, Planning Technician Rix Edwards, City Attorney CALL TO ORDER ROLL CALL Ruxton Bobbitt called the meeting to order at 3:30 p.m. Dorothy Jones-Wortham called the role. A quorum was present. CONFLICT OF INTEREST STATEMENT read by Rix Edwards, City Attorney. No conflicts were known. OLD BUSINESS: Evidentiary Hearing: (Case:2404-02Z) Request for Special Use Permit to expand a storage facility 15'X30, located at 263 South Estates Ct, PIN #0 0222-03020A, R15M The applicant was not present; Mrs. Maria! Snolasco stated in last month meeting they were operating al business at the home. (Construction Company). The ordinance states a business can not operate in a R15MModerate. to low Density Residential HUD) area. Due to board findings, the Special Use Permit was denied. Based on information provided by Mr. Edwards (City Attorney), the applicant request for Special Use Permit was for business purpose. Motion made by Mr. Wilkerson. Second by Mr. Brand. Board unanimously voted against special use permit. Mr. Ruxton Bobbitt advised Mr. Corey Williams to notify applicant about board decision and she can appeal if she desire to. Evidentiary Hearing: (Case: 2405-04Z) Ebony Daye is requesting a Special Use Permit to (Moderate tol low Density Residential HUD Code Home). BOA Minutes 05-07-2024 operate an auto-sales located at 1019 E. Andrews Avenue (PIN # 0081-02026) zone B-4 (Neighborhood Commercial District) No one came forth to agree or disagree for auto sales to operate at 1019 E Andrews Ave. Mr. Corey Willimas and Ebony Daye were sworn in. Mr. Williams explained why the case was not heard at last board meeting. Ms. Daye pleaded her case to the board, by unanimous vote, she was granted her Special Use Permit by the Board of Adjustment for Auto Sales Dealership. The special use Motion Made: Danny Wilkerson, Second by Mr. Horace Bullock. Motion carried. features two conditions: 1) Applicant must submit application to NCDOT for Driveway Permit fora change of use. 2) No auto repairs on site; auto sales only It was a unanimous decision. MINUTES: Horace Bullock Motion made to approve April 9, 2024 & May 7, 2024 minutes by Mr. Arnold. Second by Mr. NEW BUSINESS No new business ADIOURNMENT Meeting adjourned at 4:00 pm Next Scheduled Meeting July 9, 2024 @ 3:30 pm Respectfully Submitted, Dorothy. Jones-Wortham Page 2of2 HENI City ofHenderson Development Services Department Post Office Box 1434/134 Rose Avenue. / Henderson, NC: 27536-1434 Phone: (252)430-5722 FAX:( (252)492-7935 HENDERSON ZONING BOARD OF ADJUSTMENT DRAFT MINUTES Tuesday, (August 06, 2024)- - 3:30 P.M. PRESENT City Members: Ruxton Bobbitt, Richard Brand, Horace Bullock ETJ Members: Arnold Bullock, Danny' Wilkerson, Edward Spain ABSENT ETJ: Phil Walters STAFF PRESENT City: Freddie Harris, Sharon Owens Corey Williams, Development Services Director Dorothy Jones-Wortham, Planning Technician Rix Edwards, City Attorney CALLTOORDER Chairman Ruxton Bobbitt called the meeting to order at 3:30 p.m. Conflict of Interest Statement read by Rix Edwards, City Attorney. No conflicts. Ruxton Bobbitt changed order of agenda to amend/approval Board of Adjustment Meeting minutes for. July gth, changed date from Aug. 13th to Aug.06. Motion made by Danny Wilkerson, Second by Horace Bullock. The vote was unanimous. OLD BUSINESS: Evidentiary Hearing: (Case:2404-01Z) Request for Special Use Permit for a Banquet/ Event Center to be located at 603 E. Andrews Avenue (PIN #0079 02001) in a B-4 (Neighborhood Commercial) District. Mr. Corey Williams provided information about this case from previous hearing on April 2nd 2024. TRC had concerns, since then, the owners have hired another architect. The site plan for the rentable space given by the architect meets the required measurements, therefore no variance permit is needed. Mrs. Nicole Hampton stated her case, she wants to rent the event center for weddings, birthday parties, funerals, and other assemblies. Mrs. Hampton said the center would not be used as ai night club. Mrs. Hampton stated she would bei in compliance with TRC concerns. Shej plans to install more cameras, more. lighting, and restriping thej parking lot. Ifany event there is al big event at the center, there will be extra security on duty", said Mrs. Hampton. Mr. Ruxton Bobbitt asked Mrs. Nicole Hampton would she be obtaining an alcohol license, she replied "no sir, it will be a dry premises". Mrs. Hampton said a sound proofhas been conducted using a decibel meter and no sound was: measured. There has been no upgrade to the fire walls. The reason is they are awaiting approval of the Special Use Permit, also, an approval before investing a substantial amount of money int the Event/ Banquet Center. Mr. Hampton was conveying to Mrs. Hampton, but he did not want to be sworn in. Mr. Bobbitt explained to applicant, that side "A" oft the building would be used for rental only, and side "B" would remain empty. Mrs. Hampton understood the usage oft the building. Mr. Corey Williams also stated, that another application would have to be submitted for side "B" at such time. Corey Williams reiterated the ordinance (definition) in section 1002.12 pertaining to the ABC permit. It states, "The owner oft the business shall obtain all ABC permits for the consumption ofalcohol onsite. The banquet facilily is responsible for alcohol consumption and or sales. A person or a group renting the facility cannot obtain. ABC permit for their event. Special Use Permit was granted. Motion made by Richard Brand Second Horace Bullock. 5- Ayes and 1-Nay. The conditions are as followed: Comply with Ordinance in Section 803 (A-F) or (1-6) Up grade security cameras front and rear Serve no alcohol Can not obtain ABC permit Side "A" for rental only Side "B" unrentable and remain empty Submit final floor plans and permits to Staff NEW BUSINESS: Evidentiary Hearing: (Case: 2408-01Z) Request for a Special Use Permit for Transitional Home Center to be located at 460 Cross Street (PIN # 0021 07007) in a R-6 (High Residential) District. All parties were sworn in (Corey' Williams, Brandon Alexander, and Keddie Somerville) Corey' Williams stated the purpose of the transitional home and gave some history on different types of programs. The ordinance was changed at few years tol help elevate homelessness. Brandon Alexander reiterated as Corey' Williams had previously stated. He said the program was obtained through Franklin Kerr Tar, the program was originally designed for city employees, county employees, and teachers. As time progressed the houses were donated to Vance Franklin Warren Opportunity, providing, in an agreement that VFWO keep the houses for ten years, and affordable housing for Section-8 program. Heddie Somerville elaborated more about the program. Franklin Vance Warren Opportunity received a grant from the department of Labor. The name ofi the program is called Youth Build. The program is design to offer opportunities for youth between the ages 16-24 and has previously dropped out of high school. The participant must commit to serving the community and gain valuable vocational skills. Each participant will be evaluated within thet first 9-12 months. The home will have security cameras and some one will be monitoring the home as well. This type ofi facility has been in existence for two years. No one spoke for or against the permit. The Special Use Permit was granted based on the ordinance in section (611.B.3). The applicant must also comply with conditions in Section 8031-6. The vote was! 5-1. Motion made by Danny Wilkerson Second by Edward Spain. ADJOURNMENT Meeting adjourned at 4:20 pm Next Scheduled Meeting September 03, 2024 @ 3:30 pm Respectfully: Submitted, Dorothy Jones-Wortham City of Henderson Development Services Department Phone: (252) 430-5722/FAX: (252)492-7935 Post Office Box 1434/1341 Rose. Avenue/Henderson, NC27536-1434 henderson.nc.gov HENDERSON ZONING BOARD OF ADJUSTMENT APPROVED MINUTES Tuesday, (September 3, 2024)-3:30P.M. PRESENT City Members: Chairman Ruxton Bobbitt, Richard Brand, Horace Bullock, Sharon Owens ETJ Members: Arnold Bullock, Edward Spain, Phil Walters, Vice-Chair Danny' Wilkerson ABSENT City: Freddie Harris ETJ: None STAFF PRESENT Corey' Williams: Development Service Director Dorothy. Jones-Wortham: Planning Technician Rix Edwards: City Attorney CALL TO ORDER ROLL CALL Chairman Ruxton Bobbitt called the meeting to order at 3:30 p.m. Dorothy. Jones-Wortham called the role. A quorum was present. Conflict of Interest Statement: read by Rix Edwards, City Attorney. No conflicts were known. OLD BUSINESS: NONE NEW BUSINESS: Evidentiary Hearing: (Case: 2409-01Z) Request to Amend a Special Use Permit for al Banquet/E Event Center located at 603 E. Andrews Avenue (PIN # 0079 02001) in aB-4 (Neighborhood Commercial) District. Both parties were sworn in (Corey' Williams, City Staff, Nicole Hampton, and Joesph Hampton- Jo. Jo's Properties LLC). Mr. Williams gave testimonial overview of the case on last month board meeting. A Special Use Permit was granted on August 6, 2024 with condition of no alcohol permitted. Applicant stated that at the August meeting alcohol would not be served at any events. But Mrs. Hampton desired to have the special use amended to obtain an ABC permit. Mr. Rix Edwards (City Attorney) advised board members that the owner of the business must obtain the ABCI permit. Mrs. Nicole Hampton part owner of. Jo. Jo's Properties LLC: stated, her ownership of the property but, as the landlord not business owner. Therefore, the special use permit request be amended to allow alcohol. The new business owner/r renter for the space will obtain the ABCI permit for the event center. The special use permit to allow alcohol for the event center was granted, /amended, a 6-2v vote. Motion made by Vice-Chairman Danny' Wilkerson to grant the amendment. Second by Ms. Sharon Owens. The condition was: The business owner shall obtain an ABC permit. BOA Minutes 9/3/2024 Evidentiary! Hearing: (Case: 2409-02Z) Request for al Banquet/Event Center located at 857 SE Beckford Drive Unit G. (PIN # 0021 01053) in al B-4 (Neighborhood Commercial) District. Both parties were sworn in (Corey Williams, City Staff and Janae' Ward- Applicant). Mr. Williams stated Ms. Ward business location meets district requirements. Ms. Ward resides at 302 Par Dr. Henderson N.C. She is requesting a Special Use Permit to operate al Banquet/Event Center. She stated, it will be for small events such as; Baby showers, bridal showers, and church events: Bible Study and Sunday Services. Mr. Rix Edwards (City Attorney) suggest that property owner, get ABC permit. Mr. Corey Williams explained in more detailed about who should obtain ABC permit between owner/tenant. Ms. Ward was granted her Special Use Permit. The vote was 8-0. Mr. Edward Spain made motion that the Special Use Permit be granted Second by Phil Walters. Special Conditions: Operating Hours be as followed Friday 9:00 A.M.-5:00 P.M. Saturday 8:00 A.M.-11:00P.M. Sunday 11:00 A.M.-5:00P.M. Include section 652B.5 in Ordinance Both leases need to be available Make sure her lease states alli information (Mr. Hester) Evidentiary Hearing: (Case: 2409-03Z) Request for a Class BI HUD Code Mobile Home To be located at 1254 Debnam Avenue. (PIN # 0113 08009) in al R-8M (Moderate to High Density Mobile Residential) District. Hearing was opened, applicant was not present. Corey Williams was sworn in, he gave purpose for the special use permit. Mrs. Vickie Sossamon requesting to replace a dilapidated single-family home with a newer model (14x6 60) mobile home. The single-family home has been removed; the mobile home is on property, but has not been set up Mrs. Sossamon is in the process of combining the two lots together. Once she does that, the applicant will meet the requirements, including the setbacks. Propertyl has existing septic tank. There were questions asked pertaining to case; advised by Mr. Rix Edwards, that the applicant should be here to answer: any questions. Duei to applicant being absent, the case was continued. Motion made by Mr. Richard Brand and Second by' Vice Chairman Danny Wilkerson. Minutes Approved: ForAugust 06, 2024 Motion made by' Vice Chairman Danny' Wilkerson and Second by Mr. Horace Bullock ADIOURNMENI Meeting adjourned at 4:30 p.m. Next Scheduled Meeting October 02, 2024 ResperttulySubmites, Dorothy. Jones-Wortham Page 2 of2 City of Henderson Development Services Department Phone: 252)4305722/FAX: (252) 492-7935 Post Office Box 1434/134 Rose Avenue/Henderson, NC: 27536-1434 henderson.nc.goy HENDERSON ZONING BOARD OF ADJUSTMENT DRAFT MINUTES Tuesday, 1015-24)-330P.M. PRESENT City Members: Ruxton Bobbitt, Danny' Wilkerson, Sharon Owens, Horace Bullock ETJ Members: Arnold Bullock, Edward Spain ABSENT City:Freddie Harris ETJ: Phil Walters STAFF PRESENT Rix Edwards, City Attorney CALL1 TOORDER ROLL < CALL Corey Williams, Development Services Director Dorothy. Jones-Wortham, Planning Technician Ruxton Bobbitt called the meeting to order at 3:30 p.m. Dorothy. Jones-Wortham called the role. A quorum was present. CONFLICT OF INTEREST STATEMENT read by! Rix Edwards, City Attorney. No conflicts werel known. OLD BUSINESS: Evidentiary Hearing: Case: (2401-01Z) Request for a Special Use Permit for a mobile home to be located at 130 Sleepy Eye Lane (PIN # 0541 04010), R15M (Moderate to low Density Residential-HUD Code Home District). Both parties were: sworn in, Corey Williams and Michael Johnson. Mr. Williams expounded on previous TRC: such as: relocating the chicken coop, water drainage, and setback encroachment. Since the last board meeting a few months ago, all the above issues have been submitted to staff, except the removal of old mobile home. Once the Special Use Permit is granted, the removal of old mobile home will take place. Micheal Johnson stated he's representing Clayton Homes in' Youngsville. He said the chicken coop has been removed, setback encroachment, and water drainage has been rectified. Mr. Johnson also stated the mobile home will have brick under pending. Special Use Permit was granted. Motion made by Mr. Danny Wilkerson. Second by Mrs. Sharon Owens. NEW BUSINESS BOA Minutes 10-15-24 Evidentiary Hearing: (Case: 2410-01Z) Request for a Special Use Permit for a place of Assembly Use (Banquet/Event Center) to be located at 1926 N. Garnett St. (PIN# #0034 05008) in a B-2 (Highway Commercial) District. Corey' Williams and Gerrilyn Lyons were both sworn in. Ms. Lyons lives in Durham. Gerrilyn Lyons gave reasons for her desire to operate an Event / Banquet Center. She wants to rent the building for baby showers, bingo, birthday parties, concession, etc. TRC has concerns about the pump station working proficiently with all the other tenants. The board members as well as City Attorney (Rix Edwards) about parking. Corey Williams stated there should be seventeen parking spaces for the center. Corey stated Mrs. Lyons would be using the northside of the building for parking. A NO parking or Fire Lane sign should be puti in front of buildings per board members. another concern is, there is no handicap accessibility. Mrs. Lyons stated the landlord said he will work on up grading the property. Mrs. Lyons changed her business hours from 9-2t to 10-2 M-F. The operating hours for renters will be Mon-Sun 3pm to 1am. Per Mrs. Lyons, no alcohol will be served at the events. No food will be prepared at the facility. Mr. Ruxton Bobbitt Chairman, said due to building being older and vacant for a period of time, he suggested prior toi issuing certificate of occupancy, requesting that board and staff rely on Fire and Builder Inspector for complete compliance. Her Special Use Permit was granted with special conditions. Motion made to move forward by Mr. Edward Spain Second by Mr. Danny Wilkerson Motion made to grant Special Use Permit by Mr. Richard Brand Second by Eward Spain Approval of September 3, 2024 Minutes Minutes were approved after the amendment: Changing "tenant" to "renter" Member made the motion that the Special Use Permit be GRANTED /or DENY based on the (a) That the use will comply with the requirements of Article 600A and 600B of this (b) That the use will not materially and adversely affect the public health, safety or welfare; (c) That the use will not substantially injure the value of adjoining or abutting properties; (d) That the use will bei in harmony with the area in which it is located; or be a matter of public (e) That the use will not substantially contribute to an overburdening of municipal services; (f) That the use will bei in conformity with the Henderson Land Use Plan and other duly adopted preponderance of evidence: Ordinance; need; plans and policies oft the City: Special Conditions Parking be marked Site plan showing parking spaces Front entrance of building must stay clear at all times Provide a letterfrom licensed plumber (stating pump. station is working properly). Fire and Builder Inspectors make: sure building is up to current code. Page 2 of3 BOA Minutes 10-15-24 Motion made by Mr. Richard Brand Second Edward Spain. Motioned carried. Special Use Permit GRANTED /D Deney: AYES -Ruxton Bobbitt, Danny' Wilkerson, Edward Spain, Richard Brand, Arnold Bullock, Sharon Owens, and Horace Bullock NAYS: NONE ADIOURNMENT Motion to adjourn motion made by all member Next Scheduled Meeting December 03, 2024 Dorothy Jones-Wortham Planning Technician Respectfully Submitted, Page 3 of3 City of Henderson Development Services Department Phone: (252) 430-5722/FAX: (252)492-7935 Post Office. Box 1434/134 Rose. Avenue/Henderson, NC27536-1434 henderson.nc.goy HENDERSON ZONING BOARD OF ADJUSTMENT DRAFT MINUTES Tuesday, (November 05, 2024)-3:30P.M. PRESENT Freddie Harris ABSENT City: None ETJ: Edward Spain STAFF PRESENT City Members: Chairman Ruxton Bobbitt, Richard Brand, Horace Bullock, Sharon Owens, ETJ Members: Arnold Bullock, Vice-Chair Danny' Wilkerson Corey' Williams: Development Service Director Dorothy Jones-Wortham: Planning Technician Michael E. Satterwhite: Interim City Attorney Robert Harris: Planner ÇALLTOORDER ROLLCALL Chairman Ruxton Bobbitt called the meeting to order at 3:30 p.m. Robert Harris: called the role. A quorum was present. Conflict of Interest Statement: read by Chairman Ruxton Bobbitt. No conflicts were known. OLD BUSINESS: NONE NEW BUSINESS: Evidentiary Hearing: (Case:2411-01Z) Request a Special Use Permit to build a communication tower and allow collocation to be located on Brodie Road, PIN # 0218 02004 ina al R15 (Moderate to Low Density Residential District. Mr. Ruxton Bobbitt asked why was the address Brodie Rd/ Southern Ave. Corey' Williams explained that Southern Ave was part of the substation, and currently there is a utility Station on the property. Corey Williams explained int the old ordinance utilities towers were not allowed, but utility facilities substation are allowed. Communication: towers were not: allowed, but with a Special Use Permit, however, with exception with any type of rule, which you will find in the packet, Section 312. Amy Crout introduced herself as the predecessor for Duke Energy, and the rest of team: Patrick Bernier( Senior Project Manager) and Nick Kirkland( Appraiser). Amy Crout currently Page 1 of2 resides at: 1501 Fayetteville St. STE 2300 Raleigh NC. She presented a power point presentation and gave reasons as to why Duke Energyi is requesting a! Special Use Permit. She states it'sa 69: acre parcel located west of Brodie Road. A substation has been present on the property since at least 1970. The propertyi is zoned R-15, which permits at tower as an accessory use to the existing substation. The proposed use aligns with the City's 2030 Comprehensive Plan and the Future Land Use Map, which designates the property as "Institutional and Public". Amy gives more information about the request, the proposed tower will provide more bandwidth to support newer technology and more reliable grid as Duke Energy's service area grows. Also, the new tower will be designed to upgrade to accommodate future antennas for carriers upon agreements." There are eight towers neart the proposed tower, all towers are below 1001 feet and will not be suitable for the proposed Henderson Communication Tower. Patrick Bernier also stated he that guide lines would bet followed, ensuring that the design, materials, and methods used are reliable and meet the required safety thresholds. Also, Mr. Bernier also stated the structural of the tower willl be able to withstand long-term stress, weather, and operational demands. Patrick also mention from the maintenance perspective, Incorporating ANSI (American National Standards Institute) guidelines for maintaining safe working conditions during construction and ensuring that maintenance protocols are met to preserve the asset over its lifespan. Replacement towers for Duke Energy to cover more land; such as police officers using radios. Thet towers will be big enough so that no replacement willl be needed. Nick Kirkland was the: appraiser for Duke Energy. He resides at 9408 North Hill Court Raleigh NC. Mr. Kirkland stated he looked for similar towers in surrounding areas; standard/ typically height, also the value of the towers, are they higher/ lower or the same. The propose use will not affect the surrounding property value. The substation will remain locked to the public. Mary Alston resides at 162 South Cobble Creek Drive Henderson. She's concerned with current property being affected with potential tower being to close to property. She feels that it may be as safety concern for thet families and children. She goes on to say trying to gain access to the power source, thet tower maybe tool big andi may affect the power of the communities that may build on the property. Her main concern was how close thei towel was going to bet to her property. Ms. Alston also inquired about the address change. The changed was done by (911). Unaware of the situation, Freddie Harris asked to be removed due to conflict of interest. Ms. Harris is related to Ms. Alston. Duke Energy was granted their Special Use Permit unanimously. Motion by Danny Wilkerson! Second by Sharon Owens. Minutes Approved: None Motion made by' Vice Chairman Danny Wilkerson and Second by Sharon Owens ADJOURNMENT Meeting adjourned at 4:30 p.m. Next Scheduled Meeting: December 03, 2024 Respectfully Submitted, Dorothy. Jones-Wortham Page2of2