Special Use Permits 2014 V SUP Book V Page
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Child Care Center in a R-15 Residential Zoning District
S-616 (12/13)
The County Commissioners for New Hanover County having held a public hearing on January 6,
2014 to consider application number S-616 submitted by Lorraine Collura on behalf of Lorraine
and Michael Collura to establish a childcare center at 1220 Potomac Court, 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 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.
dy
Page 1 of 4
Ordered this 6th day of January, 2014.
AL A 441
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Woody White, Chair :n
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■ "' Sheila L. Schult, Clerk to the Board
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Date
Page 2 of 4
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Findings of Fact:
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. The subject property is located in the New Hanover County North Fire Service District.
B. The subject property is currently served by public water and sewer provided by the CFPUA.
C. The site has direct access to Potomac Court via an existing residential driveway, and two off
ti street parking spaces will be provided for child drop off and pick up.
D. The WMPO conducted a traffic count of Potomac Court in the vicinity of the subject site in
December 2013; based on the traffic count, Potomac Court has an average volume of 724
vehicles per day, representing a Level of Service (LOS) of"A" and a volume to capacity ratio
of 0.08.
E. The subject property is not located within any flood or archaeological areas and does not
host any CAMA Areas of Environmental Concern (AEC).
F. The project will be required to obtain approval from the NC Department of Health and
Human Services Division of Child Development and Early Education.
Finding 2: The Board must find that the use meets all required conditions and specifications 1
of the Zoning Ordinance.
A. The proposal meets the definition of Child Care Center according to the Zoning Ordinance,
and Child Care Centers are permitted by Special Use Permit in the R-15 Zoning District.
} B. Required outdoor improvements are limited to the delineation of two off-street parking
spaces to meet the requirements of the Zoning Ordinance, and a site plan indicating the
parking spaces has been submitted.
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. Child Care Centers are permitted by Special Use Permit in the R-15 zoning district.
C. The subject site is completely surrounded by residential uses; outdoor improvements for
the Child Care Center will be limited to demarcating to existing off-street parking spaces and
the installation of a fence, in harmony the residential community.
D. Similar in-home child care services exist in residential zoning districts in New Hanover
County.
E. No evidence has been submitted that this project will decrease property values of residents
who live nearby.
Page 3 of 4
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 request is consistent with Policy 5.7 of the CAMA Land Use Plan, which states "Preserve
the character of the area's existing residential neighborhoods and quality of life".
Page 4 of 4
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SUP Book (V ,Page 54
COUNTY OF NEW HANOVER
1 STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Community Boating Facility in an R-15 Residential Zoning District
S-615 (01/14)
The County Commissioners for New Hanover County having held a public hearing on February
3, 2014 to consider application number 5-615 submitted by SEL Property Investments, LLC to
develop a community boating facility in conjunction with a residential development known as
Emmart's Landing on the Sound, 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 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 project is subject to the issuance of a CAMA Major Permit and any conditions
imposed by the permit, as well as all other applicable reviews, permits, and
approvals.
2. Revisions to the project that occur after the issuance of the Special Use Permit that
further minimize impacts to coastal wetlands, primary nursery areas, shellfishing
areas, or other conservation resources in order to receive a CAMA Major Permit
Ishall be considered minor revisions pursuant to Section 71-1(9).
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IPage 1 of 5
Ordered this 3rd day of February, 2014.
ut.
Woody White, Chairman
Attest:
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Page 2 of 5
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. Water and
sewer are currently available to the subject property; however, the proposed use does not
require water or sewer. The special use permit request is to construct the community
boating facility, ancillary access channel, and associated parking areas.
B. Vehicular and multi-modal traffic to the facility will originate solely from within the
community that has exclusive use of the boating facility. The community boating facility
itself will not increase traffic loads on the transportation network outside of the community,
including Myrtle Grove Road. The residential community which the boating facility will
serve is pending submittal but will require a Traffic Impact Analysis.
C. The subject property is located in the New Hanover County South Fire Service District.
D. The Average Daily Trip count (ADT) on Masonboro Loop Road at Aqua Vista Drive was
18,536 trips per day in October 2013, representing a Level of Service (LOS) of "F", meaning
that traffic counts exceed the design capacity of the road, which is listed at 16,200.
E. The area for the proposed scope of work does not host any known cultural or
archaeological resources; however, it is located in a CAMA Area of Environmental Concern
(AEC) and AE and VE Special Flood Hazard Areas. Therefore, the project will be subject to a
CAMA Major Permit and limited to 25% impervious surface. Additionally, the project will
require review and approval from NC DENR Division of Coastal Management, NC DENR
Division of Water Resources, NC DENR Division of Marine Fisheries, US Army Corps of
Engineers, New Hanover County Engineering, and New Hanover County Planning and
Inspections.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Section 72-37(1) requires that the applicant demonstrate that the project will have minimal
impacts on water quality, primary nursery areas, shellfish grounds, and conservation
resources.
I. The petitioner has submitted an application for a CAMA Major Permit. The
permit will address potential impacts to water quality, coastal wetlands, Primary
Nursery Areas, shellfishing areas, and other conservation resources. At this time
those reviews have not been completed but concerns were addressed during the
project scoping meeting that was held on November 14, 2013 and included
representatives from the NC DENR Division of Coastal Management, NC DENR
Division of Water Resources, NC DENR Division of Marine Fisheries, US Army
Corps of Engineers, US Fish and Wildlife Service, National Marine Fisheries
Service, New Hanover County Engineering, New Hanover County Planning and
Inspections, and others. Concerns about the project were expressed in three
main areas: impact to/loss of coastal wetlands, impact to/loss of Primary Nursery
Page 3 of 5
Area, and adequate tidal flushing of the basin and channels. The project was
revised to incorporate suggestions to address these issues.
II. As currently proposed, the project will result in a loss of 1,284 square feet of
coastal wetlands. At this time, no evidence has been submitted that this project
will have a negative impact on the remaining coastal wetlands in the vicinity of
the project.
III. As currently proposed, direct impacts to Primary Nursery Areas as a result of the
project are limited to two vertical sheet pile jetties extending approximately 100'
into the Atlantic Intracoastal Water Way from the end of the proposed
breakwaters in the existing basin. At this time, no evidence has been submitted
that this project will have a negative impact on Primary Nursery Areas in the
vicinity of the project.
B. Proposed parking accommodations include 64 total spaces (35 vehicular and 29 golf spaces)
to serve the community boating facility and additional amenities. Additional off-street
parking is provided by residential driveways within a reasonable walking distance to the
community boating facility, which has historically been acceptable to suffice Section 72-
37(2) of the Zoning Ordinance.
C. The number of boat slips does not exceed the number of residential lots or dwelling units
proposed within the associated development, pursuant to Section 72-37(3) of the Zoning
Ordinance.
D. The right to use the use of the facility by community residents shall be conferred in the
homeowners covenants by language and necessary restrictions deeming the community
boating facility as private and only for use by community residents, as required per Section
73-37(4) of the Zoning Ordinance.
E. Commercial activities or associated commercial type uses or amenities, such as the sale of
gasoline, oil, marine supplies, and food stuffs, will be prohibited, consistent with Section 73-
37(5) of the Zoning Ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The proposed project will be a component of a proposed single family detached residential
community which will meet all applicable landscaping and buffering requirements set forth
in the Zoning Ordinance.
B. The proposed facility will not generate any additional traffic on Myrtle Grove Road as the
facility shall only be utilized by community residents whose trip origin is within the
residential community.
C. Similar water-dependent uses exist on adjoining properties to the north and south of the
subject site.
D. No evidence has been submitted that this project will decrease property values of adjacent
or nearby properties.
Page 4 of 5
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 subject property is located in an R-15, Residential District. Community Boating facilities
are permitted by Special Use Permit in all residential districts, including R-15.
B. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the subject site
as Watershed Resource Protection and Conservation land use classifications. Impervious
surface coverage will not exceed 25%, compliant with Policy 3.12(a) of the Plan.
C. The project will utilize natural vegetative buffers to effectively filter runoff before it enters
surface waters, consistent with the protection strategy for the Watershed Resource
Protection and Conservation areas stated by Policy 3.12(c) of the 2006 Wilmington-New
Hanover County CAMA Land Use Plan.
D. The proposed scope of work falls within the definition of a community boating facility per
the 2006 Wilmington-New Hanover County CAMA Land Use Plan. As defined, a community
boating facility is "a private nonprofit boating facility including a dock pier, and/or launching
ramp on property which has water frontage, the use of which is intended to serve 5 or more
residential lots or units. The right to use such facility must be conferred by an easement
appurtenant to the residential lot it is intended to serve. No commercial activities of any
kind, including commercial letting of slips to parties who are not residents of the waterfront
subdivision shall be allowed within confines of the facility."
E. The project will satisfy private riparian access needs by utilizing a shared-use facility,
consistent with Policy 3.19 of the 2006 Wilmington-New Hanover County CAMA Land Use
Plan.
F. Policy 3.20 of the CAMA Land Use Plan prohibits new dredging activities in Primary Nursery
Areas (PNA), Outstanding Resource Waters (ORW), and Shellfishing Waters (SA) with the
exception of maintenance dredging activities. In order to meet the requirements for
maintenance dredging, a previously permitted channel must exist, that the original depth
and width may not be increased to allow for a new or expanded use, and that excavated
material must be placed in an approved disposal area without significantly impacting
adjacent nursery areas or submerged vegetation. On December 13, 2013,State Permit# 24-
81, which was originally issued on February 20, 1981 and remains valid until December 31,
2017, and permits maintenance dredging of the existing channels and placement of spoil
material in a specified disposal area, was transferred to the applicant SEL Property
Investors, LLC. The scope of work authorized under State Permit # 24-81 has not changed
from the date of initial issuance, and permits a dredging depth of -6 MLW. As such, the
dredging activities authorized under State Permit # 24-81 are consistent with Policy 3.20 of
the 2006 Wilmington-New Hanover County CAMA Land Use Plan, specifically
Implementation Strategy 3.20.4.
Page 5 of 5
SUP Book /✓ Page
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Telecommunications Tower in a R-10 Residential Zoning District
5-618 (05/14)
The County Commissioners for New Hanover County having held a public hearing on June 16,
2014 to consider application number 5-618 submitted by Tom Johnson of American Towers LLC
on behalf of Jerry R. Robbins to establish a telecommunications tower at 1300 N. Kerr Avenue,
and having heard all of the evidence and arguments presented at the hezring, 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 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.
Page 1 of 4
Ordered this 16th day of June, 2014. /
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Got 4 Y.A,o Woody White, Chair an
4Y 4 try
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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. Water and sewer infrastructure and capacity are available to serve the site, but not
necessary for the proposed use
B. The subject property is located in the New Hanover County North Fire Service District.
C. Access to the tower site will be provided by an access easement comprised of an existing
improved private drive.
D. The subject site does not host any known cultural or archaeological resources.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Telecommunication Communication Facilities, Cellular, and Related Towers are allowed by
Special Use Permit in the R-10 zoning district provided that the project meets the Standards
of Section 63.5-1 of the Zoning Ordinance.
B. Section 63.5-1(A) requires that the setback from any existing residential property line or
residential zoning district boundary for any tower, antenna, or related structure in any
zoning district be a distance equal to the height of the tower as measured from the base of
the tower. The location of the proposed 150'tall tower is at least 200 feet from all adjacent
property lines as well as any existing residential uses, exceeding the setback requirement of
Section 63.5-1(A).
C. Section 63.5-1(B)1 requires that the minimum distance between the tower and any other
adjoining parcel of land or road must be equal to the minimum setback described in Section
63.5-1(A), plus any additional distance necessary to ensure that the tower, as designed, will
fall within the tower site. The proposed location complies with this provision, and no
evidence has been submitted suggesting that additional distance is necessary.
D. Section 63.5-1(B)2 requires the applicant to submit photographs and statements as to the
potential visual and aesthetic impacts on all adjacent residential zoning districts. A report
sufficing this requirement was submitted as part of the application.
E. Section 63.5-1(C) requires a landscaped buffer with a base width not less than 25 feet and
providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the tower
base. The proposed plans suffice this requirement.
F. Section 63.5-1(D) requires that applicants seeking construction of new towers, antennas,
and related structures demonstrate through submitted written evidence that collocation on
any existing tower, antenna, or usable structure in the search area for the new tower is not
reasonable or possible. A report (RF Justification for AT&T Wireless Site 478-162) has been
submitted with the application, meeting this requirement.
G. Section 63.5-1(E) requires that towers 150' tall or less be engineered to accommodate a
minimum of one additional provider. Evidence has been submitted demonstrating that this
requirement has been met, and a Collocation Certification was also submitted by the
applicant.
Page 3 of 4
H. Section 63.5-1(F) requires certification that the construction or placement of the proposed
facility complies with several federal regulations. An FCC Compliance Assessment has been
submitted and demonstrates compliance with the federal regulations mentioned in Section
63.5-1(F).
I. Section 63.5-1(1) regulates the signage allowed on the tower and related equipment. The
signage proposed is compliant with this ordinance provision.
J. Section 63.5-1(J) prohibits the storage of equipment, hazardous waste, or materials not
needed for the operation, prohibits outdoor storage yards in a tower equipment
compound, and prohibits habitable space within the compound area. The applicant's
proposal complies with this ordinance section.
K. Section 63.5-1(L) requires that, when the proposed tower site is within 10,000 feet of an
airport or within any runway approach zone, the applicant submit Form 7460 to the Federal
Aviation Administration (FAA) to assure compliance with all FAA standards. A statement
from the FAA indicating the project was "of no hazard to air navigation" was submitted with
the application, demonstrating compliance with this section.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The location of the proposed tower is in a pocket of undeveloped area with minimal
development potential directly surrounding the subject site. The tower will be minimally
obtrusive to any existing surrounding land uses.
B. A 25' wide buffer surrounding the tower base will provide visual screening for future
development.
C. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
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 area
proposed for the tower site as Urban, and the proposal is consistent with the intent of the
Urban land use classification.
Page 4 of 4
SUP Book IV Page SA. I
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Mixed Use Development in a B-1, Neighborhood Business Zoning District
S-619 (05/14)
The County Commissioners for New Hanover County having held a public hearing on November
3, 2014 to consider application number 5-619 submitted by Inlet Watch Development Partners,
LLC to establish a mixed use development at 7275 and 7261 Carolina Beach Road, and having
1
heard all of the evidence and arguments presented at the hearing, make the following
1 FINDINGS OF FACT and draw the following CONCLUSIONS:
4,
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 71 of the Ordinance for the proposed use, as well as the proposed and approved
site plan, and all other state or federal requirements.
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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
1. Commercial uses shall be limited to those specified as being permitted by right in
the B-1, Neighborhood Business District in the Retail section of the New Hanover
County Table of Permitted Uses, with the exception of an Automobile Service
Station. The following uses within the table may also be permitted:
Barber/Beauty Shop
Business Services Including Printing
Personal Services
Child Care Center;
Page 1 of 4
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2. Keep adjacent property owners abreast of permitting and development progress;
3. The name "Inlet Watch" may not be used in association with this development.
4. Implementation of all roadway improvements imposed by NCDOT's driveway permit
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3 issued in connection with the project.
, E.
Ordered this 3rd day of November, 2014.
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Findings of Fact:
I (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. Water and sewer infrastructure and capacity are available to serve the site. i
B. The subject property is located in the New Hanover County South Fire Service District.
C. A traffic count was conducted in April 2014 and showed that in the vicinity of the site,
Carolina Beach Road had an average daily volume of 27,339. With a design capacity of I
29,300 vehicles per day,this represents a volume to capacity ration of 0.93 and a level of
4 service of"E". The project will result in approximately 65 AM peak hour trips and 120 PM
i peak hour trips, meeting warrants for a traffic impact analysis. The TIA has been completed
and reviewed by WMPO and NCDOT and contains recommendations for roadway
improvements.
D. The subject site does not host any known cultural or archaeological resources. j
E. The proposed development is partially within a Special Flood Hazard Area, and will be 1
required to meet all applicable provisions of the New Hanover County Flood Damage
Prevention Ordinance.
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Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Dwelling units for residential uses are allowed by Special Use Permit in the B-1 zoning
district provided that the project meets the standards of Section 72-38 of the Zoning
Ordinance.
B. Section 72-38(1) of the Zoning Ordinance requires that such dwelling units are part of a
mixed use development established to provide innovative opportunities for an integration
of diverse but compatible uses into a single development that is unified by distinguishable I
design features with amenities and walkways to increase pedestrian activity. A conceptual
pedestrian facilities plan has been submitted that indicates the proposed locations and
) cross section of the sidewalks.
C. Section 72-38(1) requires that such a development shall be in single ownership or unified
control of a property owners association. Planning staff will require covenants, conditions,
and restrictions to ensure conformance with this requirement.
Section 72-38(2) requires that the uses in such a development are restricted to residential
and B-1 business uses. A definitive list of proposed uses has not been provided. Staff
recommends that commercial uses shall be further limited to those specified as being
permitted by right in the B-1, Neighborhood Business District in the Retail section of the
New Hanover County Table of Permitted Uses, with the exception of an Automobile Service
Station. The following uses within the table may also be permitted: Barber/Beauty Shop,
Business Services Including Printing, Personal Services, and Child Care Centers.
D. A conceptual elevation has been provided that indicates the proposed architecture
pursuant to Section 72-38(3).
Page 3 of 4
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E. Section 72-38(5) requires that the location and quantity of parking in such a development
should be shared. Areas proposed for parking have been depicted on the site plan and the
application indicates that 196 spaces shall be provided, exceeding the minimum ordinance
requirement.
F. A conceptual lighting plan has been provided as required per Section 72-38(7).
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 proposed project is a mixed use development and which will meet all applicable
landscaping and buffering requirements set forth in the Zoning Ordinance.
B. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
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 subject property is located in a B-1, Business District; residential uses are permitted in
B-1 provided that they are part of a mixed use development pursuant to Section 72-38 of
the Zoning Ordinance.
B. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the subject site
as Transition with portions of Conservation and the proposal is consistent with the intents
of those land use classifications.
C. Policy 3.14 of the Plan encourages development away from exceptional and substantial
wetlands and other sensitive areas by allowing greater design flexibility in cluster
development and other alternative development types. The project as proposed minimizes
impacts to the wetlands on site.
D. Policy 5.1 of the Plan encourages mixed use and higher density development within the
urban services area to maximize benefits from available infrastructure. The subject site
does lie within the current urban services area.
E. The mixed use projects referred to in Policy 5.1 should also preserve natural resources and
reduce dependence on the automobile. The proposal minimizes impact to wetland areas
and features residential and non-residential uses within the same building and will integrate
sidewalks and other amenities to encourage pedestrian activity.
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SUP Book a Page S • 2..
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
1 High Density Residential Development in an R-15, Residential Zoning District
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S-621 (10/14)
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The County Commissioners for New Hanover County having held a public hearing on November
3, 2014 to consider application number S-621 submitted by Design Solutions on behalf of
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Gordon Road Investments, LLC to establish a high density residential project at 4645 Gordon
Road, and having heard all of the evidence and arguments presented at the hearing, make the
i following FINDINGS OF FACT and draw the following CONCLUSIONS:
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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
1 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 71 of the Ordinance for the proposed use, as well as the proposed and approved
4 site plan, and all other state or federal requirements.
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i 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.
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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
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this permit shall become void and of no effect.
D. Additional Condition
1. The connection from the project's roundabout to Shaw Drive shall be developed as
Iproposed on the plans but remain gated and only used for emergency access until
commercial development occurs on any of the parcels south of the project and
between the project's 60' wide private access drive and the on-ramp to eastbound
Interstate 40 (PIDs: R04300-008-017-001, R04300-001-006-000, R04300-001-007-
i 000, R04300-001-009-000, and R04300-001-008-000), at which time the gate shall
be removed to provide interconnectivity from Shaw Drive to the new commercial
development.
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Ordered this 3rd day of November, 2014.
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Woody White, Cha'' an
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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. Water and sewer infrastructure and capacity are available to serve the project, and the
project lies within the Urban Services Area.
B. The subject property is located in the New Hanover County North Fire Service District.
C. Primary access to the site will be from Gordon Road through a new driveway with
improvements as required by NC DOT, and a secondary access will connect to Shaw
Drive. A gated emergency access will also be provided at the terminus of Blount Drive
entering the project. A Traffic Impact Analysis was performed and reviewed by NC DOT
and the Wilmington Metropolitan Planning Organization; the site plan includes the road
and driveway improvements required as a result of the approved TIA.
D. The subject site does not host any known cultural or archaeological resources.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. High density project (projects that exceed the density limit established in the applicable
zoning district) are permitted by Special Use Permit in the R-15 zoning district in areas
classified as Urban or Transition by the 2006 Wilmington-New Hanover County Joint
CAMA Land Use Plan, provided that the project meets the standards of Section 72-43:
High Density Development.
B. Section 72-43(1) requires that high density development projects have direct access to
and from a major or minor arterial road, and all interior drives be designed to provide
adequate access for emergency vehicles. The project has direct access to and from
Gordon Road, which is classified as an Urban Principal Arterial. Additionally, New
Hanover County Fire Services Staff has reviewed the project and indicated no concerns
with their vehicles and equipment being able to access the project.
C. Section 72-43(2) requires that high density project include buffer strips in accordance
with Section 62 of the Zoning Ordinance. Section 62.1-4(1) specifies that high density
projects are required to provide buffer strips to screen the use from any residential use
} or district. Section 62.1-4(2) dictates that the buffers shall have a base width equal to or
at least 50% of the required building setback, and that in all cases the buffer shall be a
minimum of 20 feet in width. This section also states that where a utility easement
occupies a portion of the buffer, sufficient buffer must be provided outside the utility
easement to meet the required opacity standards. Buffer strips are provided on the
plan to meet the requirements of Section 62.1-4.
D. Section 72-43(3)(C) prescribes the improved recreational land and open space
requirements for high density development projects. The proposal exceeds the
minimum standard for this requirement.
E. Section 72-43(3)(D) regulates the site capacity for high density development projects.
The proposal is below the maximum density allowed for the site per Section 72-43(3)(D).
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F. For a high density development project in the R-15 zoning district, Section 72-43(4)
requires that the project has public or community water and sewer, underground storm
i drainage, and a maximum impervious surface ratio for the gross site area of 40%. The
proposal meets the requirements set forth in Section 72-43(4).
G. Setbacks for high density development projects are prescribed in Section 72-43(5). The
layout of the buildings conforms to the setback requirements of the Zoning Ordinance.
H. Section 72-43(5) requires parking to be provided in accordance with Article VIII, with a
minimum of 2 spaces per unit. The parking proposed for the project exceeds the
minimum requirement.
I. Section 72-43(6) requires that a drainage plan be submitted for review by New Hanover
County Engineering for conformance with the New Hanover County Stormwater
Management Ordinance and Design Manual. A drainage plan shall be submitted during
the permitting process with the Development Services Center.
J. Section 72-43(7) requires that sewage disposal facilities be designed and installed in
accordance with the standards and requirements set forth by the Cape Fear Public
Utility Authority and the NC Department of Environment and Natural Resources. A
utility plan shall be submitted for review by CFPUA during the permitting process.
K. The building heights proposed (35') are equal to the maximum building height allowed
1 per Section 72-43(11).
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Finding 3: The Board must find that the use will not substantially injure the value of adjoining
'1 or abutting property or that the use is a public necessity.
A. The property to the north and east of the subject site is currently undeveloped and
i owned by New Hanover County with intentions to develop as a continuation of Smith
Creek Park.
B. Buffers have been provided to separate the development from the existing surrounding
land uses.
C. No evidence has been submitted that this project will decrease the property values of
1 adjacent or nearby properties.
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3 Finding 4: The Board must find that the location and character of the use if developed
1 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.
1 A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the area
proposed for the tower site as Urban and Conservation Area, and the proposal is
consistent with the intent of these land use classifications. The areas to be disturbed
and developed are limited to the areas classified as Urban, which allows for intensive
development of existing urban areas. The 2006 Wilmington-New Hanover County land
use plan states that mixed use, cluster, and higher density development may be
appropriate within Urban areas. The areas on the subject site classified as Conservation
Area will remain undisturbed and undeveloped.
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SUP Book hi Page 53
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Telecommunications Tower in an R-15, Residential Zoning District
S-622 (11/14)
The County Commissioners for New Hanover County having held a public hearing on December
1, 2014 to consider application number S-622 submitted by Nexsen Pruet, PLLC on behalf of the
UNCW Endowment Fund Board of Trustees and the State of North Carolina to establish a
telecommunications tower at the 5500 block of Marvin K. Moss Lane, 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 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.
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Ordered this 1St day of December, 2014.
Woody White, airman
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Attest:
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Clerk to the Board
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Findings of Fact:
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance) 1
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. Water and sewer infrastructure and capacity are available to serve the site, but not
necessary for the proposed use.
B. The subject property is located in the New Hanover County South Fire Service District.
C. Access to the tower site will be provided by a 12' wide access easement/drive from
Marvin K. Moss Lane.
D. The subject site does not host any known cultural or archaeological resources.
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Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Telecommunication Communication Facilities, Cellular, and Related Towers are allowed
by Special Use Permit in the R-15 zoning district provided that the project meets the
Standards of Section 63.5-1 of the Zoning Ordinance.
B. Section 63.5-1(A) requires that the setback from any existing residential property line or
residential zoning district boundary for any tower, antenna, or related structure in any
zoning district be a distance equal to the height of the tower as measured from the base
of the tower. The location of the proposed 195' tall tower is at least 245 feet from all
adjacent property lines as well as any existing residential uses, exceeding the setback
requirement of Section 63.5-1(A).
C. Section 63.5-1(B)1 requires that the minimum distance between the tower and any
other adjoining parcel of land or road must be equal to the minimum setback described
in Section 63.5-1(A), plus any additional distance necessary to ensure that the tower, as
designed, will fall within the tower site. The proposed location complies with this
provision, and no evidence has been submitted suggesting that additional distance is
necessary.
D. Section 63.5-1(B)2 requires the applicant to submit photographs and statements as to
the potential visual and aesthetic impacts on all adjacent residential zoning districts. A
report sufficing this requirement was submitted as part of the application.
E. Section 63.5-1(C) requires a landscaped buffer with a base width not less than 25 feet
and providing 1000 opacity, in addition to a minimum 8 ft. tall fence surrounding the
tower base. The proposed plans suffice this requirement.
F. Section 63.5-1(D) requires that applicants seeking construction of new towers,
antennas, and related structures demonstrate through submitted written evidence that
collocation on any existing tower, antenna, or usable structure in the search area for the
new tower is not reasonable or possible. A report (RF Justification for AT&T Wireless
Site 478-112) has been submitted with the application, meeting this requirement.
G. Section 63.5-1(E) requires that towers 150' tall or less be engineered to accommodate a
minimum of one additional provider. Evidence has been submitted demonstrating that
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this requirement has been met, and a Collocation Certification was also submitted by
the applicant.
H. Section 63.5-1(F) requires certification that the construction or placement of the
proposed facility complies with several federal regulations. An FCC Compliance
Assessment has been submitted and demonstrates compliance with the federal
regulations mentioned in Section 63.5-1(F).
I. Section 63.5-1(1) regulates the signage allowed on the tower and related equipment.
The signage proposed is compliant with this ordinance provision.
J. Section 63.5-1(1) prohibits the storage of equipment, hazardous waste, or materials not
needed for the operation, prohibits outdoor storage yards in a tower equipment
compound, and prohibits habitable space within the compound area. The applicant's
proposal complies with this ordinance section.
K. Section 63.5-1(L) requires that, when the proposed tower site is within 10,000 feet of an
airport or within any runway approach zone, the applicant submit Form 7460 to the
Federal Aviation Administration (FAA) to assure compliance with all FAA standards. An
FAA Aeronautical Evaluation was included with the application and indicates that the
site is approximately 46,141 feet from the Wilmington International Airport and will
comply with FAA regulations.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The location of the proposed tower is in an area of the UNCW CMS/CREST Research Park
that does not conflict with the other existing or planned uses of the facility. The site is
significantly buffered from adjacent properties and existing residential uses.
B. A 25' wide buffer surrounding the tower base will provide visual screening for future
development.
C. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
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 area
proposed for the tower site as Watershed Resource Protection, and the proposal is not
in conflict with the intent of the Transition land use classification, and additionally, not
in conflict with any other policy of the 2006 CAMA Land Use Plan.
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