HomeMy WebLinkAboutSpecial Use Permits 2018SUP Book ]_Page -70
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Camping and Travel Trailer Park in an R-15, Residential Zoning District
517-04
The County Commissioners for New Hanover County (the "County Commissioners"), having held a public
hearing on February 5, 2018 to consider application number 517-04 submitted by Design Solutions on
behalf of CWEST, LLC (the "Applicants") to develop a camping and travel trailer park at the 9500-9600
block of River Road, and having heard all of the evidence and arguments presented at the hearing, the
County Commissioners conclude that the Applicants produced competent, material, and substantial
evidence tending to establish the existence of the facts and conditions which Section 70-7 of the County
Zoning Ordinance requires for the issuance of a special use permit, and from the evidence adduced at the
hearing, the Commissioners make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that the following specific requirements set forth in
Section 70-7(1-4) 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
Exhibit A and incorporated into this special use permit:
(1) The use will not materially endanger the public health or safety if located where
proposed and approved;
(2) The use meets all required conditions and specifications of the Zoning Ordinance;
(3) The use will not substantially injure the value of adjoining or abutting property, or
that the use is a public necessity; and
(4) The location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover County.
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 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(1) 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:
Page 1 of 3
(1) No camping activity of any kind can occur in any required bufferyard or in the 15-foot
access easement that runs along the northern property line of the subject site.
(2) A 20-foot-wide easement shall be dedicated to the County along River Road for the
purposes of installing a future pedestrian facility in accordance with the
Wilmington/NHC Comprehensive Greenway Plan.
Ordered this 5th day of February, 2018.
Woody White, Chair.Aan
Attest:
4M O"t�A
Crowell, Clerk to the Board
Page 2 of 3
Exhibit A
Findings of Fact:
(In Accordance with Section 70 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 site is accessed from River Road, a minor arterial street that is operating at an acceptable
Level of Service.
B. Water services must be provided and designed in accordance with Aqua's standards. Wastewater
services must be provided and designed in accordance with DEQ Division of Waste Management's
and NHC Environmental Health Services' standards.
C. The subject property is located in the New Hanover County South Fire Service District.
D. The site is not located within any Special Flood Hazard Area.
E. The proposed development is not estimated to generate enough traffic to require a Traffic Impact
Analysis be conducted.
F. A driveway permit must be obtained from NCDOT.
Finding 2: The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. The site is zoned R-15, Residential District.
B. Travel Trailer Parks are allowed by special use permit in the R-15 zoning districts.
C. The site shall comply with the landscaping and buffering requirements of the Zoning Ordinance.
D. A site plan has been included as part of the special use permit application and demonstrates that
the requirements of the Mobile Home and Travel Trailer Park Ordinance will be met.
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 surrounding land uses include an existing travel trailer park and low -density residential. The
subject property is not located adjacent to residential neighborhoods.
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 2016 Comprehensive Plan classifies the area proposed for the development as General
Residential, and the proposal aligns with the intent of this land use classification. The proposal
provides recreational opportunities, will have few impacts on existing residential neighborhoods,
and is generally compatible with the existing residential and recreational development pattern of
the area.
B. The proposal includes a 20-foot-wide pedestrian and non -vehicular access easement for a future
multi -use path, consistent with the Wilmington/New Hanover County Comprehensive Greenway
Plan.
Page 3 of 3
SUP Book Page
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
High Density Development in an O&I, Office and Institutional, and R-15, Residential Zoning
District
S18-01
The County Commissioners for New Hanover County (the "County Commissioners"), having held a public
hearing on April 2, 2018 to consider application number S18-01 submitted by Otter Creek Partners, LLC
on behalf of GL & SM Limited Partnership (the "Applicants") to construct a high density development at
the 700 block of Piner Road, and having heard all of the evidence and arguments presented at the hearing,
the County Commissioners conclude that the Applicants produced competent, material, and substantial
evidence tending to establish the existence of the facts and conditions which Section 70-7 of the County
Zoning Ordinance requires for the issuance of a special use permit, and from the evidence adduced at the
hearing, the Commissioners make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
The County Commissioners FIND AS A FACT that the following specific requirements set forth in
Section 70-7(1-4) 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
Exhibit A and incorporated into this special use permit:
(1) The use will not materially endanger the public health or safety if located where
proposed and approved;
(2) The use meets all required conditions and specifications of the Zoning Ordinance;
(3) The use will not substantially injure the value of adjoining or abutting property, or
that the use is a public necessity; and
(4) The location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover County.
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 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(1) 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:
Page 1 of 3
(1) A sidewalk must be constructed along the driveway connecting the apartment
buildings to the Piner Road right-of-way.
(2) All traffic improvements required as part of NCDOT's driveway permit must be
installed in accordance with NCDOT's standards prior to the issuance of a Certificate
of Occupancy.
(3) No street or vehicular connection shall be constructed to Wood Duck Circle. Utilities,
however, may connect to the existing lines within Wood Duck Forest.
(4) A six -foot -tall opaque fence must be installed between the built -upon areas of the
development and the eastern and northern property lines. The fencing along the
northern property line must be installed either directly on the property line or outside
of the 50-foot buffer easement existing on the property along the boundary with the
Wood Duck Forest subdivision.
Ordered this 2"d day of April, 2018.
��Osc f
Woody White, Chair an
Attest:
KyVCrowell, Clerk to the Board
Page 2 of 3
Exhibit A
Findings of Fact:
(In Accordance with Section 70 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 site is accessed from Piner Road, a minor arterial street that is operating at an acceptable
Level of Service.
B. Water and sewer services must be provided and designed in accordance with CFPUA's standards.
C. The subject property is located in the New Hanover County South Fire Service District.
D. The site is not located within any Special Flood Hazard Area.
E. The proposed development is not estimated to generate enough traffic to require a Traffic Impact
Analysis be conducted.
F. A driveway permit must be obtained from NCDOT.
Finding 2: The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. The site is zoned 0&I, Office and Institutional District, and R-15, Residential District.
B. High density developments are allowed by special use permit in the 0&1 and R-15 zoning districts.
C. The site plan has been reviewed by the Technical Review Committee and complies with all
applicable technical standards including Zoning Ordinance Section 72-43: High Density
Development.
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 surrounding area contains a mixture of land uses including residential, institutional, and
commercial.
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 2016 Comprehensive Plan classifies the area proposed for the development as Urban Mixed
Use, and the proposal aligns with the intent of this land use classification. The proposal provides
housing at densities consistent with what is encouraged in this place type and can serve to
transition between the higher intensity commercial uses intended for this place type and existing
residential neighborhoods.
B. The proposal includes the installation of a sidewalk to Piner Road, a roadway that the
Wilmington/New Hanover County Comprehensive Greenway Plan recommends fora future multi-
use path to be constructed.
Page 3 of 3
SUP Book Page 72-
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
High Density Development in a R-15, Residential Zoning District
SIS-02
The County Commissioners for New Hanover County (the "County Commissioners"), having held a public
hearing on July 9, 2018 to consider application number 518-02 submitted by Herrington Classic Homes,
LLC on behalf of Linda T. McCall (the "Applicants") to construct a high density development at the 6700
block of Carolina Beach Road, and having heard all of the evidence and arguments presented at the
hearing, the County Commissioners conclude that the Applicants produced competent, material, and
substantial evidence tending to establish the existence of the facts and conditions which Section 70-7 of
the County Zoning Ordinance requires for the issuance of a special use permit, and from the evidence
adduced at the hearing, the Commissioners make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
The County Commissioners FIND AS A FACT that the following specific requirements set forth in
Section 70-7(1-4) 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
Exhibit A and incorporated into this special use permit:
(1) The use will not materially endanger the public health or safety if located where
proposed and approved;
(2) The use meets all required conditions and specifications of the Zoning Ordinance;
(3) The use will not substantially injure the value of adjoining or abutting property, or
that the use is a public necessity; and
(4) The location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover County.
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 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(1) 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 3
D. Additional Conditions:
A 20-foot-wide easement shall be dedicated to the County along Carolina Beach Road
for the purposes of installing a future pedestrian facility in accordance with the
Wilmington/NHC Comprehensive Greenway Plan.
Ordered this 91h day of July, 2018.
Woody White, Ch
Attest:
Ky Crowell, Clerk to the Board
Page 2 of 3
Exhibit A
Findings of Fact:
(In Accordance with Section 70 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 site is accessed from Carolina Beach Road, a major arterial street that is operating at an
acceptable Level of Service.
B. Water and sewer services must be provided and designed in accordance with CFPUA's standards.
C. The subject property is located in the New Hanover County South Fire Service District.
D. The site is not located within any Special Flood Hazard Area.
E. Traffic impacts will be review by NCDOT through the driveway permitting process. The proposed
development is not estimated to generate enough traffic to require a Traffic Impact Analysis be
conducted.
Finding 2: The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. The site is zoned R-15, Residential District.
B. High density developments are allowed by special use permit in the R-15 zoning districts.
C. The site plan has been reviewed by the Technical Review Committee and complies with all
applicable technical standards including Zoning Ordinance Section 72-43: High Density
Development.
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 surrounding area contains a mixture of land uses including residential, institutional, and
industrial.
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 2016 Comprehensive Plan classifies the area proposed for the development as Community
Mixed Use, and the proposal aligns with the intent of this land use classification. The proposal
provides housing at densities consistent with what is encouraged in this place type and along with
the adjacent land uses, creates the desired mix of uses.
B. The proposal includes a 20-foot-wide access easement for a future multi -use path, consistent with
the Wilmington/New Hanover County Comprehensive Greenway Plan.
Page 3 of 3
SUP B06 Page
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Telecommunications Tower in an R-15 Zoning District
Case S18-03
The County Commissioners for New Hanover County having held a public hearing on August 20,
2018 to consider application number S18-03 submitted by Milestone Communications on behalf
of the property owner New Hanover County to develop a telecommunications tower in Veterans
Park off of Halyburton Memorial Parkway, 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 70-7 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 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(1) 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.
Ordered this 201h day of Au
�.J
Woody White, C airman
Atte t:
Ky Crowell, Clerk to the Board
Page 1 of 4
Findings of Fact:
(In Accordance with Section 70 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 South Service District.
C. Access to the tower site will be provided by a new access easement to the tower site from
Halyburton Memorial Parkway over the existing entrance drive and parking lot.
D. The subject site does not host any known cultural, archaeological, or environmental
resources.
E. The proposed use will have virtually no traffic impact on the surrounding transportation
network.
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, Residential 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 140' tall tower is approximately 422' from the
nearest property line, meeting 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 of 50' 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.
Information provided in Tab 8 of the application binder meets this requirement.
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 meet this requirement.
F. Section 63.5-1(D) requires that all applicants seeking approval for the construction of any
new towers, antennas, and related structures shall submit written evidence in the form
of a report to demonstrate that collocation on any existing tower, antenna or usable
structure in the search area for the new tower is not reasonable or possible. Technical
data in the report shall include certification by a Registered Professional Engineer licensed
in the State of North Carolina or other qualified professional, whose qualifications shall
Page 2 of 4
be included, regarding service gaps or service expansions that are addressed by the
proposed telecommunication tower and accompanying maps and calculations
demonstrating the need for the proposed tower. A map showing the search ring and an
inventory of all structures investigated for co -location shall be included as well as a radio
frequency analysis indicating the coverage of existing wireless communications sites,
coverage prediction, and design radius, together with a certification from the applicant's
radio frequency (RF) engineer that the proposed network design is intended to improve
coverage or capacity potential or reduce interference and the proposed facility cannot be
achieved by any higher ranked alternative such as a concealed (stealth) facility, attached
facility, replacement facility, co -location, or new antenna support structure. An analysis
and report provided in Tab 9 of the application package meets these requirements.
G. Section 63.5-1(E) requires that towers over 150' tall be engineered to accommodate a
minimum of two additional providers. The proposed tower is 140' tall and not required
to meet this provision; however, the tower has been designed to co -locate four additional
providers' equipment in addition to the Verizon antennas as depicted on Sheet Z2 in Tab
1 of the application package.
H. Section 63.5-1(F) requires that all applicants seeking approval shall also submit a written
affidavit from a qualified person or persons, including evidence of their qualifications,
certifying that the construction or placement of such structures meets the provisions of
the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC
Rules Sections 1.1311, 1.1312, 1.1307 and all other applicable federal, state and local
laws. The statement must certify that radio frequency emissions from the antenna
array(s) comply with the FCC standards. The statement shall also certify that both
individually and cumulatively the proposed facilities located on or adjacent to the
proposed facility will comply with current FCC standards. Documentation from EBI
Consulting in Tab 11 of the application package meets these requirements.
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. An
FAA Aeronautical Evaluation was included with the application (Tab 10) and indicates that
the site and proposal is in compliance with FAA regulations.
Findine 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 telecommunications tower is located in an area with other
nonresidential uses including active parks facilities, a water tower, and public schools.
B. The nearest residential properties are 421.6' south of the proposed tower location.
C. A 25' wide buffer surrounding the tower base will provide visual screening.
Page 3 of 4
Findine 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 site is in a county -owned public park facility that is primarily used for active
recreation, with facilities including baseball and softball fields, soccer fields, and
associated lighting, parking, and amenities.
B. The nearest residential properties are 421.6' south of the proposed tower location.
C. The site is classified as General Residential by the 2016 Comprehensive Land Use Plan;
these areas focus on lower -density housing and associated civic and commercial services.
Infrastructure including telecommunications infrastructure are appropriate within this
placetype when located appropriately.
D. The proposed telecommunications tower is generally CONSISTENT with the General
Residential place type from the 2016 Comprehensive Land Use Plan.
Page 4 of 4
SUP Book -Page
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Indoor/Outdoor Recreation Establishment in a R-15, Residential Zoning District
S18-04
The County Commissioners for New Hanover County (the "County Commissioners"), having held a public
hearing on December 9, 2018 to consider application number S18-04 submitted by Design Solutions on
behalf of Charles Rudolph Clay, Sr. & Essie Waddell Clay Revocable Living Trust (the "Applicants") to
develop an indoor/outdoor recreation establishment at the 4600 block of Gordon Road, and having heard
all of the evidence and arguments presented at the hearing, the County Commissioners conclude that the
Applicants produced competent, material, and substantial evidence tending to establish the existence of
the facts and conditions which Section 70-7 of the County Zoning Ordinance requires for the issuance of
a special use permit, and from the evidence adduced at the hearing, the Commissioners make the
following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that the following specific requirements set forth in
Section 70-7(1-4) 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
Exhibit A and incorporated into this special use permit:
(1) The use will not materially endanger the public health or safety if located where
proposed and approved;
(2) The use meets all required conditions and specifications of the Zoning Ordinance;
(3) The use will not substantially injure the value of adjoining or abutting property, or
that the use is a public necessity; and
(4) The location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover County.
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 forthe 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 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(1) 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
D. Additional Conditions:
1. Appropriate pavement markings shall be installed along the 60-foot access easement from
Gordon Road to the subject site to identify two lanes of travel.
2. Flashing, animated, and digital signs shall be prohibited.
Ordered this 3rd day of December, 2018.
Attest:
KyiW Crowell, Clerk to the Board
Page 2 of 4
Exhibit A
Findings of Fact:
(In Accordance with Section 70 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 site is accessed from Gordon Road, a major arterial street, and is adjacent to Interstate 40.
B. According to the most recent traffic counts in the area, the daily trips on Gordon Road exceed the
design capacity of the two-lane road. The volume to capacity ratio for the segment of Gordon
Road east of 1-40 is 1.94.
C. The proposed recreation facility is expected to generate fewer than 100 trips in the peak hours.
The net change in trips expected to be generated from a residential development under the R-15
zoning district to the proposed recreation facility is estimated to be an increase of approximately
50 trips in the PM peak.
D. Water and sewer services will be provided and designed in accordance with CFPUA's standards.
E. The subject property is located in the New Hanover County North Fire Service District.
F. The development within the site is outside of the Special Flood Hazard Area located on the
property.
G. Traffic impacts are reviewed by NCDOT through the driveway permitting process, and any
required roadway improvements must be installed in accordance with NCDOT's standards prior
to a certificate of occupancy being issued.
Finding 2: The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. The site is zoned R-15, Residential District.
B. Indoor and outdoor recreation establishments are allowed by special use permit in the R-15
zoning districts.
C. The site plan complies with all applicable technical standards including Zoning Ordinance Section
72-36: Indoor/Outdoor Recreation Establishments
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 surrounding area contains a mixture of land uses including single-family residential, multi-
family residential, and commercial land uses.
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.
Page 3 of 4
A. The 2016 Comprehensive Plan classifies the area proposed for the development as General
Residential, and the proposal aligns with general intent of this land use classification. The
proposed indoor/outdoor recreation use would provide recreational options and child care
opportunities for the adjacent neighborhoods. The proposed use would also be located in
proximity to existing commercial uses and planned higher density residential development.
Page 4 of 4