Special Use Permits 2013 COUNTY OF NEW HANOVER SUP Book I V P--- ag8 4'
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Sanitary Landfill in an 1-2 Zoning District
S-611 (12/12)
The County Commissioners for New Hanover County having held a public hearing on January
22, 2013 to consider application number S-611 submitted by Joe Suleyman on behalf of New
Hanover County Environmental Management, to expand the New Hanover County landfill at
5200 and 5210 US Highway 421 North, and having heard all of the evidence and arguments
presented at the hearing, make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed
in accordance with the plans and findings submitted to the County Commissioners and
attached as part of this special use permit.
2. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in
Section 72-26 of the Ordinance for the proposed use, as well as the proposed and
approved site plan, and all other state or federal requirements.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and
void if construction or occupancy has not commenced within 24 months of the date of
this approval.
C. If any of the conditions imposed by this special use permit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction, then
this permit shall become void and of no effect.
D. Additional Conditions:
1. The applicant continue to work with the North Carolina Natural Heritage Program to
identify the extent of any significant plant or animal species on the subject
properties and to protect these species when practicable in dedicated natural areas
or to provide mitigation areas when species cannot be protected.
-- :" The—applicant consults with the North Carolina Plant Conservation Program to
—determine the best mitigation strategy for the subject parcels.
3. The combination of the two parcels to alleviate potential issues with the required
50' setback.
Ordered this 22nd day of January, 2013.
Woody White, airman
uNTY.
�w 'y est:
2 Sheila L. Schult, Clerk to the Board
\"A
Date
Findings of Fact
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
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A. The subject parcels are located in the New Hanover County Fire Service District.
B. Parcel 2 is partially located within the 100 year floodplain.
C. The subject parcels will provide for future waste disposal from the same sources
that currently send waste to the County's landfill. As such, new traffic will not be
generated as a result of the expansion and impacts on local traffic will not be
{ significantly different from that which is already experienced in this area. The
Average Daily Traffic (ADT) count for the nearest intersection located at US HWY
421 N and Sutton Lake Road was estimated at 9,820 in 2011 and functions at a
Level of Service (LOS) A, which indicates that little to no delay is currently
occurring at the intersection. The traffic impact worksheet submitted by the
applicant estimates 52 AM peak hour trips and 42 PM peak hour trips which did
not require the applicant to complete a Traffic Impact Analysis (TIA). AM trips
were calculated between 10 AM and 11 AM. PM trips were calculated between
12 PM and 1PM, 1 PM and 2 PM, and 2PM and 3 PM.
D. Based on preliminary GIS maps, predominant resources on parcel 1 are identified
as Longleaf Pine and Turkey Oak Woodland. Predominant resources on parcel 2
are identified as a combination of Longleaf Pine and Turkey Oak Woodland,
Natural Ponds, Swamp Forest and Pocosin with Class IV soil. Further field
determination is required; however, Natural Ponds, Swamp Forest and Pocosin
(with Class IV soils) are identified as conservation resources in the County's
Conservation Overlay District and may require performance controls in areas
where these resources are found.
E. The landfill is considered a heavy industrial use and is located within an 1-2
zoning district, which is an area set aside for heavy industry in the County. The
subject parcels are located adjacent to land zoned 1-2 that is currently either
developed for the same particular use as that which is proposed or by other
existing established industry.
Finding 2: The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance.
A. Section 57.4.1 of the Zoning Ordinance requires a review of external effects. The
applicant is proposing to expand the existing New Hanover County Landfill onto
the subject parcels. The existing landfill site received a special use permit in
1981 and meets or exceeds current standards for sound, vibration, heat
discharge, glare, odor, air quality and water quality, as applicable under federal,
state, and local regulations. The new site will include the same requirements as
already in place at the existing site, and the applicant has stated that it will meet
or exceed these requirements. The new site will require the following permits:
i. National Pollution Discharge and Elimination System (NPDES)
permit to comply with the Clean Water Act
ii. Federal Resource Conservation and Recovery Act (RCRA) Permit
iii. Title V Permit to comply with the Clean Air Act
iv. Stormwater, Erosion and Sediment Control Permits
B. The applicant will provide, at a minimum, a 300' buffer and setback from all
adjoining properties — which exceeds the 50' setback that is required in Section
72-13 of the Zoning Ordinance. All refuse, buildings or structures proposed on
the subject parcels will be outside of the 300' setback. Section 72-13 specifically
dictates that the setback be measured from all property lines. Therefore, in
order to achieve the required setback from all adjoining properties, as well as all
property lines (both internal and external), the applicant proposes to combine
the two subject parcels into one to remove the setback requirement from the
internal property line of the 2 subject properties.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The subject properties are located just south of the existing New Hanover
County Landfill and are within an established 1-2 Heavy Industrial district. The
existing landfill has been operating at its current location since 1981.
B. The land uses to the south of the subject property were in place prior to the
development of the original landfill in 1981 and are also industrial.
C. The area to the east is comprised of natural wetlands that extend to the
Northeast Cape Fear River and falls within the 100 year floodplain. No operation
or construction is proposed in this area.
Finding 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for New Hanover
County.
A. The 2006 Joint CAMA Land Use Plan shows the land classification as Natural
Heritage Resource Protection on parcel 1 and a combination of Natural Heritage
Resource Protection, Conservation and Transition on parcel 2.
The applicable Natural Heritage Resource Protection Area is the 421 Sand Ridge,
a pivotal area connecting major ecosystems in southeastern NC located
specifically in northern New Hanover and southern Pender County. The N.C.
Natural Heritage Program identified a State threatened species of grass, big
three-awn grass (Aristida condensata), on the proposed site and has
recommended further evaluation of the extent of the species on the subject
parcels. In addition, a significantly rare species of snake, the Coachwhip snake
(Masticophis flagellum), has also been identified on the properties.
The applicant has contracted with an environmental consulting firm to conduct
habitat studies that will more closely define the presence of significant plant and
animal species on the subject parcels. Once those areas have been identified,
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the applicant will, where possible, conserve the resource, and in other instances,
mitigate the resource either on the existing landfill site or in another comparable
location.
The area classified as Conservation is encompassed by the 100 year floodplain.
The purpose of the Conservation class is to provide for effective long-term
management and protection of significant, limited or irreplaceable natural
$ resources including the floodplain and estuarine areas of environmental concern
(AEC's). No operation or construction will occur in the conservation area, and it
will be preserved in its natural state.
The purpose of the Transition class is to provide for future intensive urban
development on lands that have been or will be provided with necessary urban
services.
B. The subject property is zoned 1-2 Heavy Industry.The 1-2 zoning district was
established to set aside areas of the County for a full range of heavy industrial
uses where the industry can find suitable sites served by rail, waterway and
highway transportation. The district was also established to protect
nonindustrial districts situated outside the district and minimize environmental
impacts caused by the uses within the district. All adjacent properties are also
zoned 1-2 and include existing established industrial uses.
II
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SUP Book� �°�°-_:1-1
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Telecommunications Tower(165') in a R-15 Residential Zoning District
5-614 (04/13)
The County Commissioners for New Hanover County having held a public hearing on May 6
2013 to consider application number S-614 submitted by Thomas Johnson on behalf of Tung
Lam Buddhist Temple to establish a telecommunications tower at 6115 Gordon Road, and
having heard all of the evidence and arguments presented at the hearing, make the following
FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71'1 of the County Zoning Ordinance WILL be satisfied if the property is developed
in accordance with the plans and findings submitted to the County Commissioners and
attached as part of this special use permit.
Z. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in
Section 71 of the Ordinance for the proposed use, as well as the proposed and approved
site plan, and all other state or federal requirements.
B. In accordance with Section 71'1(4) of the ordinance, the permit shall become null and
void if construction or occupancy has not commenced within 24 months of the date of
this approval.
C. If any of the conditions imposed by this special use permit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction, then
this permit shall become void and of no effect.
D. Additional Conditions:
1. The "fall zone" will be adjusted to mitigate concerns with the church playground
located nearby.
2. AT&T will be the first designated locator on the tower. A map will be required
displaying the five future locators.
Page 1of4
41,Ordered this 6th day of May, 2013.
Woody W ite, Chairman
Attest:
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OA/19i 0 n\
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Sheila L. Schult, Clerk to the Board
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-1AsIBIAVO Ikk\\?--1\02:).
Date
Page 2 of 4
Findings of Fact:
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public
health or safety where proposed and developed according to the plan as submitted
and approved.
A. The subject property is located in the New Hanover County Fire Service
District, north area.
B. The site is not located within a flood hazard area.
C. Access to the site will be from the Tung Lam Buddhist Temple parking lot.
A 20' utility easement will extend from Gordon Road to the site.
D. The parcel includes an existing church just west of the proposed facility
that is located outside of the proposed fall zone as shown on the engineer
sealed site plan.
E. Between 1-40 and Market Street, Gordon Road carries an average of
22,817 vehicle trips per day. Level of service (LOS) on the road segment is
F, meaning that traffic counts exceed the design capacity of the roadway.
Trip generation is eight (8) vehicles at peak hours in the a.m.
Finding 2: The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance.
A. The applicant is proposing to construct a 165' monopole style wireless
communications tower east of an existing church in a heavily wooded area.
The facility will contain an eight (8') foot security fence around the 100' x
100' perimeter.
B. The proposed setbacks exceed the minimum requirements of 165' from
any residential property line or zoning district as outlined in Section 63.5-
1(A).
C. The Federal Aviation Administration conducted an aeronautical study
under the provisions of 49 U.S.C. Section 44718 and Title 14 of the Code of
Federal Regulations, part 77. The study revealed that the proposed
structure does not exceed obstruction standards and would not be a
hazard to air navigation. Within five (5) days of completion of
construction, the applicant is required to submit the FAA Form 7460-3,
Notice of Actual Construction or Alteration to the FAA.
D. Applicant provided a map and a report showing the search ring for an
inventory of all structures investigated for collocation. No structures
existed that could be utilized for the proposed tower. The proposed 165'
tower will provide locations for at least six additional future users.
E. David Herring signed a written affidavit dated March 6, 2013, outlining his
18 years of experience within the tower industry and certifying the
construction or placement of the tower meets the provisions of the
Telecommunications Act of 1996, the National Environmental Policy of
Page 3 of 4
1969, FCC Rules and other applicable federal, state, and local laws. The
affidavit further certifies that the radio frequency emissions from any
antenna array(s) on the tower and any associated facilities will comply with
FCC standards, individually and cumulatively.
F. A sealed landscape plan has been provided by the applicant in accordance
with Section 63.5'1/C\ of the Zoning Ordinance. Existing vegetation will
remain to meet landscaping requirements.
G. Parking will be available for service technicians from the Tung Lam
Buddhist Temple parking lot.
H. The applicant provided an engineer sealed site plan which illustrates a fall
zone not to exceed 122" as required per Section G3.S-1(B)(1).
I. The applicants provided simulated photographic evidence of the proposed
appearance of the tower from four vantage points in accordance with
Section 63.5-1(B)(2).
Finding 3: The Board must find that the use will not substantially i jure the value of
adjoining or abutting property or that the use is a public necessity.
A. The location and character of the use according to the site and landscape
plans will be in harmony with the area. The site will only be cleared to
accommodate the construction of the facility.
Finding 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in
which it is to be located and in general conformity with the plan of development for
New Hanover County.
A. The 2006 Joint CAMA Land Use Plan shows the land classification as Urban.
The purpose of the Urban classification is to provide for the continued
intensive development and redevelopment of existing urban areas.
B. The subject property is zoned R-15 Residential. Special Use Permits are
required for telecommunication tower proposals.
Page 4o[4
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SUP Book. hi Page
Ate
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT MODIFICATION
Addition of 20 Residential Units in a High Density Residential Project
in a R-15 Residential Zoning District
S-525M (11/13)
The County Commissioners for New Hanover County having held a public hearing on December
9, 2013 to consider application number S-525M submitted by Cindee Wolf of Design Solutions
on behalf of Saylors Watch Development, Inc. and Saylors Watch HOA, Inc. to modify a
previously approved Special Use Permit for a high density residential project to add an
additional 20 residential units at Saylors Watch, and having heard all of the evidence and
arguments presented at the hearing, make the following FINDINGS OF FACT and draw the
following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed
in accordance with the plans and findings submitted to the County Commissioners and
attached as part of this special use permit.
2. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT MODIFICATION HAVE been
satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT
MODIFICATION BE GRANTED subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in
Section 71 of the Ordinance for the proposed use, as well as the proposed and approved
site plan, and all other state or federal requirements.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and
void if construction or occupancy has not commenced within 24 months of the date of
this approval.
C. If any of the conditions imposed by this special use permit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction, then
this permit shall become void and of no effect.
D. Additional Conditions:
1. Dedication of a twenty (20)foot access easement along the frontage of South
College Road on the subject property for future development of a multi-use path,
consistent with the Wilmington-New Hanover County Comprehensive Greenway
Plan.
Page 1 of 4
Ordered this 9th day of December, 2013.
La Ill
Woody White, C :irman
ouNTY•At
G O,
mow' �\ �y Attest:
t&wik
Sheila L. Schult, Clerk to the Board
At rABLISH�p NI' •
Date
Page 2 of 4
Findings of Fact:
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public
health or safety where proposed and developed according to the plan as submitted
and approved.
A. The subject property is located in the New Hanover County Fire Service
District.
B. The subject property is currently served by public water and sewer
provided by the CFPUA.
C. The site has direct access to South College Road which is classified by the
Thoroughfare Classification Plan as an Arterial road. The Average Daily Trip
count (ADT) on South College Road at Saylors Watch in October 2013 was
41,468 trips per day, representing a Level of Service (LOS) of "F", meaning
that traffic counts exceed the design capacity of the road, which is listed at
29,300.
D. The subject property is not located within any flood or archaeological areas
and does not host any CAMA Areas of Environmental Concern (AEC).
Finding 2: The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance.
A. A site plan that meets the requirements of the Zoning Ordinance has been
submitted.
B. No significant trees exist within the proposed development area.
C. The primary entrance to the property is through an existing commercial
driveway that aligns with a median crossover. The additional units warrant
a driveway permit revision from NC DOT.
D. The Zoning Ordinance allows a maximum density of 10.2 units per acre for
High Density Development projects in the R-15 zoning district. An increase
of twenty units to a total of 102 units would not exceed the allowable
maximum density of the site.
E. Prior to release for construction of the proposed final phase, all existing
permits would need to be updated as necessary or required.
Finding 3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. The subject property is zoned R-15, Residential District.
B. High Density Development is permitted by Special Use Permit in the R-15
zoning district.
Page 3 of 4
C. The proposed project is adjacent to an existing High Density Development
and an existing church, and a large vacant parcel under the planning and
zoning jurisdiction of the City of Wilmington and zoned for multi-family
use.
D. Other High Density Development projects exist to the north and south
along the South College Road corridor.
E. Adequate landscaping can be accommodated on site.
F. No evidence has been submitted that this project will decrease property
values of residents who live nearby.
Finding 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in
which it is to be located and in general conformity with the plan of development for
New Hanover County.
A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies
the subject tract as Urban. The purpose of the Urban land use
classification is to provide for continued intensive development and
redevelopment of existing urban areas.
B. The subject parcel is proximate to a recommendation in the 2013
Wilmington-New Hanover County Comprehensive Greenway Plan called
the Central College Trail, a 3.5 mile trail that would connect the Hugh
McRae Complex with the Monkey Junction and Myrtle Grove
neighborhoods.
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