HomeMy WebLinkAboutSpecial Use Permits 2019 SUP Book Z. Page77
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Cemetery in an R-15, Residential Zoning District
519-01
The County Commissioners for New Hanover County (the "County Commissioners"), having held a public
hearing on July 1,2019 to consider application number S19-01 submitted by Benjamin Rivenbark on behalf
of Jack Carlisle (the "Applicants")to develop a private cemetery at 8640 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.
Page 1 of 4
D. Additional Conditions:
1. Interments shall use modern techniques including sealed caskets, burial vaults,or grave liners
to minimize potential environmental impacts.
2. No plots shall be available for sale to the general public.
Ordered this 1st day of July, 2019.
ok) r
NY•ti • athan :-•l. 4., Chairman
o
Attest:
, ;; _ 4 .
ti
•FST'I I tSH4D�'(ti
Ky 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 subject property is located in the New Hanover County South Fire Service District.
B. Access to the site will be provided by an existing private driveway from River Road, which is an
NCDOT maintained roadway.
C. The subject site does not host any known cultural, archaeological, or environmental resources.
D. The proposed use will not generate any additional vehicular trips and is not anticipated to have
any impact on the surrounding transportation network.
E. The applicant intends to employ funeral professionals for all interments and use modern
techniques including sealed caskets, burial vaults, and grave liners to minimize potential
environmental impacts.
F. The applicant intends to use anchoring techniques to prevent potential flotation and lateral
movement of the interments during potential inundation by floodwaters.
Finding 2: The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. Cemeteries are allowed by Special Use Permit in the R-15, Residential zoning district.
B. The NC Cemetery Commission has provided documentation that states that the proposal does not
fall under their jurisdiction to regulate to the size and scope of the project.
C. An analysis from a registered design professional stating that the development will not cause any
harmful diversion of floodwaters or wave runup and reflection that would increase damage to
adjacent structures will be required prior to development per the Flood Damage Prevention
Ordinance.
D. A CAMA Minor Permit will be required prior to any land disturbance on the site.
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 cemetery is in a residential area currently developed with very low
density on the west side of River Road.
B. The nearest residential structures range from approximately 550'-950'to west and south of the
proposed cemetery. To the east, across River Road, the proposed cemetery is over 1,000'to the
nearest residential structures.
C. Predominant land uses in the immediate vicinity of the subject site are residential, vacant or
conservation space.
D. No evidence has been submitted that this project will substantially injure the value of adjoining
or abutting properties.
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 Comprehensive Land Use Plan for New Hanover County.
A. The site currently is developed with one single-family dwelling unit, and is generally located
adjacent to a low density residential area with large areas of conservation resources. The
nearest residential structures range from approximately 550'-950' to west and south of the
proposed cemetery. To the east, across River Road, the proposed cemetery is over 1,000'from
the nearest residential structures.
B. The site is classified as Conservation by the 2016 Comprehensive Land Use Plan. The
Conservation placetype is intended to protect the natural environment, water quality, and
wildlife habitats that serve the public through environmental education, low-impact recreation,
and in their natural beauty.A major goal of the Conservation place type is to protect natural
resources by limiting development. While the Comprehensive Plan does not specifically address
this type of use,the proposed private cemetery would limit future higher intensity development
on the site and could assist in protecting the natural environment. The proposed private
cemetery is generally CONSISTENT with the 2016 Comprehensive Plan because it will limit
future development and associated impacts on natural resources in a Conservation area.
Page 4 of 4
SUP Book Page 7g
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Child Care Center in a R-20, Residential Zoning District
519-03
The County Commissioners for New Hanover County(the "County Commissioners"), having held a public
hearing on December 16, 2019 to consider application number S19-03 submitted by Robert L. Campbell
on behalf of New Beginning Christian Church(the"Applicants")to operate a child care center at 3120 Alex
Trask Drive, 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.
Page 1 of 3
Ordered this 16th day of December, 2019.
a Olson- oseman, Chair
00NTY.
� �'o�� Attest:
Zr -1i a2 Ky rowell, Clerk to the Board
uw wu,i�
•F 4ficISHE4t
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. Water and sewer services will be provided by CFPUA and will be provided and designed in
accordance with CFPUA's standards.
B. The subject property is located in the New Hanover County North Fire Service District.
C. The site is accessed from Holland Drive (SR 1358) and Old Mill Road (SR 2148), which provide
direct connections to Blue Clay Road (SR 1318)and Castle Hayne Road (NC HWY 133).
D. The proposed child care center is estimated to generate about 70 trips in both the AM and PM
peak hours. The 2018 volume to capacity data, provided by the WMPO, indicates capacity
currently exists in this area to support the expected additional traffic.
E. The child care center must be licensed with the North Carolina Department of Health and Human
Services and comply with additional regulations imposed by the agency.
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-20, Residential District.
B. Child care centers are allowed by Special Use Permit in the R-20 zoning district.
C. The existing site complies with all applicable technical standards of the Zoning Ordinance
including buffering and parking requirements to accommodate the proposed child care center.
No additional site improvements are 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 proposed child care center use would be located in an existing religious assembly facility
adjacent to an existing church (Gospel Fellowship Holiness). The surrounding area contains a
mixture of land uses including single-family residential, multi-family residential, and commercial
land uses.
B. No new construction is proposed to accommodate the proposed child care center operation.
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 Comprehensive Land Use Plan for New Hanover County.
A. The 2016 Comprehensive Plan classifies the subject site as Community Mixed Use.This place
type's intent is to provide an orderly transition between existing single family residential homes
and the industrial park at the corner of Blue Clay Rd. and N. Kerr Ave. and other industrial uses
near the airport.
B. The proposed child care center use is generally consistent with the 2016 Comprehensive Plan
because it provides child care services that can support nearby residential neighborhoods, in
line with the recommended mix of uses for both Community Mixed Use and General Residential
place types.
Page 3 of 3