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HomeMy WebLinkAboutSpecial Use Permits 2019SUP Book Page ,5 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 S18-05 The County Commissioners for New Hanover County (the "County Commissioners"), having held a public hearing on January 7, 2019 to consider application number 518-05 submitted by Rhonda S. Williams on behalf of Delores Flowers (the "Applicants") to operate a child care center within an existing single-family dwelling at 4734 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 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 i of 4 D. Additional Conditions: 1. The child care center shall care for a maximum of 12 children at anyone time. Ordered this 7th day of January, 2019. Attest: y Crowell, Clerk to the Boar 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. 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 child care center is expected to generate 18 trips in the AM and PM peak hours. D. The proposal would allow for the existing child care operation to expand from caring for a maximum of 8 children to a maximum of 12 children. E. Water services are currently provided by CFPUA. A private septic system serves the site in accordance with Environmental Health's standards. F. The subject property is located in the New Hanover County North Fire Service District. G. 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-15, Residential District. B. Child care centers are allowed by special use permit in the R-15 zoning districts. C. The site plan complies with all applicable technical standards of the Zoning Ordinance including the off street parking requirements. 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 single-family residential development and undeveloped land. B. The property is accessed from Gordon Road, a major arterial street. C. A family child care home is currently in operation on the property which allows for the care of up to eight school -aged children. D. The proposed child care center would allow for the care of up to 12 school -aged children. E. Except for marking the parking spaces located on the grassed areas of the front yard, and installing signage as permitted by the Zoning Ordinance, there would be no exterior modifications made to the existing single-family dwelling to accommodate the proposed child care center. F. No evidence has been submitted that this project will decrease the property values of adjacent or nearby 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 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 general intent of this land use classification. The proposed child care center would provide a service for the adjacent neighborhoods and is in line with types of commercial uses that would be encourage in the surrounding area. Page 4 of 4 SUP BOOk-Page7� COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT Telecommunications Tower in an R-15, Residential Zoning District 518-06 The County Commissioners for New Hanover County (the "County Commissioners"), having held a public hearing on March 18, 2019 to consider application number 518-06 submitted by Williams Mullen on behalf of Arab Shrine Club H Corp (the "Applicants") to construct and operate a telecommunications tower at 4510 S College 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. 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 5 D. Additional Conditions: 1. Barbed wire on the tower compound area security fence shall be angled inward or otherwise obscured to provide visual screening from the exterior of the site. Ordered this 18th day of March, 2019. Attest: 44n ) Ky Crowell, Clerk to the Board Page 2 of 5 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 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 new access easement and will utilize an existing asphalt driveway from Jasmine Cove Way, which is an NCDOT maintained street. 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 154' tall tower is 158' 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 the application packet 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 existing Arab Shrine Club building is anticipated to adequately shield the northern side of the tower site and equipment area; therefore, a landscaped buffer is not proposed to be installed on this side. The applicant and owner have submitted a Landscape Buffer Certification stating that in the event the building is demolished or no longer provides adequate buffering for the tower base and equipment area, that the required buffer will be installed and maintained by the applicant. The proposed landscape buffer and Landscape Buffer Certification document meet this requirement. 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 Page 3 of 5 area for the new tower is not reasonable or possible. Documentation provided in 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 154' tall and has been designed to co -locate five additional providers' equipment in addition to the proposed carrier as described in the application. 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 in the application package meets these requirements. I. Section 63.5-1(1) regulates the signage allowed on the tower and related equipment. Signage proposed on the site consists of identification, registration, and safety signs which are 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 this 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 and proposal are 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 on an existing commercially developed site adjacent to a residential area along a major thoroughfare. B. The nearest residential structures range from approximately 320' - 350' to the north of the proposed tower location. To the west, the tower is approximately 380' - 400' feet from the existing residential structures, and over 600' across S College Road to the residential structures to the east of the proposed tower location. C. Predominant land uses in the immediate vicinity of the subject site are residential, vacant or open space, and institutional and commercial to the south. D. A 25' wide buffer surrounding the west, south, and east sides of the tower base will provide visual screening. The existing Shrine Club building will provide visual screening for the north side. The applicant and owner have submitted a Landscape Buffer Certification that in the event the building is demolished or no longer provides an adequate opaque buffer, the landscaping requirements will be met with installation and maintenance by the applicant. E. Evidence has been submitted in the form of an impact analysis by David Smith, MAI, SRA, that the proposal will not adversely affect the value of adjoining and abutting properties. F. Evidence has been submitted in the form of an impact study by Michael Berkowitz that the proposal will not substantially injure the value of adjacent or abutting properties. Page 4 of 5 G. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting 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 site is currently developed as a social/fraternal organization building with associated parking, landscaping, and buffering. B. The tower site is located adjacent to a residential area, with the nearest residential properties located approximately 320' north of the proposed tower location. The tower site is adjacent to an institutional use to the south, approximately 390' from this structure. C. Evidence has been submitted in the form of an impact study by Michael Berkowitz that the proposal will not substantially detract from the aesthetics or character of the neighborhood because of its location and existing above ground infrastructure and location adjacent to a site improved with a lodge for the Shriner's Club. D. The site is classified as Community Mixed Use and General Residential by the 2016 Comprehensive Land Use Plan. The Community Mixed Use placetype focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. The General Residential placetype focuses on lower -density housing and associated civic and commercial services. The Comprehensive Plan does not specifically address the location of telecommunications towers and other infrastructure. However, the Comprehensive Plan's implementation guidelines do aim to support business success, workforce development, and economic prosperity. Thus, infrastructure including telecommunications towers are appropriate within these placetypes when located appropriately. The proposed telecommunications tower is generally consistent with the Community Mixed Use and General Residential place types from the 2016 Comprehensive Land Use Plan. Page 5 of 5 SUP Book Page COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT Cemetery in an R-15, Residential Zoning District S19-01 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. Attest: ) I AA —Oxx� 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 �g 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 S19-03 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 forthe issuance of 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. 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 Attest: Kykkrowell, 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. 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