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S19-03 Mailout Packet BOC 12.16.2019 NOTICE OF PUBLIC AND QUASI-JUDICIAL HEARINGS NEW HANOVER COUNTY BOARD OF COMMISSIONERS DECEMBER 16, 2019 Item 1: Special Use Permit Request (S19-03) – Request by New Beginning Christian Church for a Special Use Permit to operate a child care center at 3120 Alex Trask Drive, within the R-20, Residential District. At their November 7, 2019 meeting, the Planning Board recommended approval (7-0). This petition will be considered by the New Hanover County Board of Commissioners at a quasi- judicial hearing on Monday, December 16, 2019 beginning at 9:00 a.m. or thereafter at the New Hanover County Historic Courthouse, located at 24 North Third Street, Room 301 (corner of Third and Princess Street) in Wilmington, NC. Since this notice is sent only to property owners within 500 feet of the parcel boundary of the proposed project, please discuss it with other residents who may be interested. Anyone wishing to be heard on this matter should appear at the public hearing or arrange to be represented. Typically, a total of fifteen (15) minutes will be allocated for all of those wishing to speak in favor of the request, and another fifteen (15) minutes for those opposed to the request. Following this thirty-minute period, an additional five minutes for each side may be allowed for rebuttal statements. After the hearing, the Board of Commissioners will close the public comment period and vote on the request. For additional information on this application and other development proposals in the unincorporated county, please visit our Development Activity Page at: https://planning.nhcgov.com/development-activity/ If you have any questions, please contact Current Planner, Gideon Smith in the New Hanover County Department of Planning & Land Use at (910) 798-7571. NOTICE OF PUBLIC AND QUASI-JUDICIAL HEARINGS NEW HANOVER COUNTY BOARD OF COMMISSIONERS DECEMBER 16, 2019 The New Hanover County Board of Commissioners will hold a quasi-judicial hearing on Monday, December 16, 2019 beginning at 9:00 a.m. or thereafter at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Street), Room 301, in Wilmington, NC to consider the following: Item 1: Special Use Permit Request (S19-03) – Request by New Beginning Christian Church for a Special Use Permit to operate a child care center at 3120 Alex Trask Drive, within the R-20, Residential District. At their November 7, 2019 meeting, the Planning Board recommended approval (7-0). The Board of Commissioners may consider substantial changes to petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. Petitions for the above item may be viewed or inquiries made by contacting the Department of Planning & Land Use at 910-798-7165, 230 Government Center Drive, Wilmington, NC. All interested citizens are invited to attend. To review specific application documents, please visit the Development Activity Page online at: https://planning.NHCgov.com/development-activity/. Page 1 of 3 Information about Special Use Permit and Conditional Use Rezoning Public Hearings You may be an interested party involving a special use permit or conditional use district rezoning application. A public hearing regarding the application will be held by the New Hanover County Planning Board. The purpose of this letter is to inform you of the procedures followed by the Planning Board in the review of the application. If you have any questions, please contact us so that we may help you. I. General Information Special use permits add flexibility to the County’s Zoning Ordinance. Subject to high standards of planning and design, certain property uses may be allowed in zoning districts where these uses would not otherwise be acceptable. By means of controls exercised through the special use permit procedures, property uses which would otherwise be undesirable in certain districts can be developed to minimize any bad effects they may have on surrounding properties. Conditional use district rezonings involve a changing of the zoning classification of a property and an accompanying special use permit for the proposed use. II. Required Findings The Planning Board makes a recommendation to the County Commissioners about whether the following four conclusions can be met: 1) that the use will not materially endanger the public safety if located where proposed and developed according to the plan as submitted and approved; 2) that the use meets all required conditions and specifications; 3) that the use will not substantially injure the value of the adjoining or abutting property, or that the use is a public necessity; and 4) that the location and character of the use if developed according to the plan as submitted and approved will be harmony with area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Each of these four conclusions must be supported by substantial evidence. The applicant is responsible for developing this substantial evidence. III. General Comments Regarding Evidence The Planning Board may not rely upon unsworn testimony with respect to crucial findings of fact. The applicant has the burden of producing evidence on the essential four points listed above by testimony under oath by the applicant and/or his or her other witness, if any. The applicant also has the burden of persuading the Planning Board that his or her evidence justifies their making the findings of fact listed above. Crucial findings of fact must be based on competent evidence, and not hearsay evidence alone. Any witness may be cross-examined, and these requirements also apply to any evidence introduced by parties in opposition and you are entitled to rebuttal. Special use permit and conditional use rezoning public hearings are considered “quasi-judicial.” As such, interested parties are prohibited to communicate with Planning Board members prior to the official public hearing. It is improper for interested parties to discuss applications without being sworn at the hearing. Prior to the hearing, anyone wishing to provide a petition, letters, e-mail or other documentation for the Planning Board’s review, such items must be sent only to the Planning & Inspections Department. When received with sufficient time to do so, the Planning & Land Use Director will then copy and/or forward the information to the applicant, persons who have requested the information, all interested parties and the Planning Board. Copies of items received on the day of the meeting will be provided to the Planning Board at the hearing and will be placed into the official case file; however, you should be aware that the Planning Board may not have adequate time to review and consider last minute submissions during the course of the hearing. IV. Expert Testimony While the County cannot advise you as to how to best present your case for or against the application, the testimony of an expert will be needed if your case involves certain complex technical or scientific issues. Examples of such issues, and the experts which frequently provide testimony, are as follows: property valuation – appraiser; traffic – traffic engineer or transportation planner; drainage – professional engineer, landscape architect or surveyor; water quality – environmental scientist or hydrologist. This list is not intended be exhaustive, but to give examples of when expert testimony is typical. Expert testimony is not required in every case, for instance, statistical information may suffice in connection with arguments regarding crime, accidents, growth or general market conditions. Lay persons may also credibly testify to evidence they have personally witnessed. However, in order for the more technical and scientific issues above to be addressed in a way that would withstand a court challenge, expert testimony is often necessary. V. Procedural Steps taken at the Public Hearing The procedural organization of the public hearing can be summarized by the following steps: 1) All witnesses (those for and against) are sworn in; the Clerk records the name of each witness immediately prior to swearing in the group; 2) Applicant’s witnesses testify. The presentation is limited to a total of 15 minutes for all speakers in favor of the proposal. Each witness is subject to cross examination at the conclusion of his or her testimony; 3) At the conclusion of the applicant’s case, objectors testify and present their case, subject to the same 15 minute total time limit for all speakers. Again, each witness is subject to cross examination; 4) Chairman then allows time (usually 5 minutes total for each side) for any rebuttals; 5) Exhibits and documents are accepted into evidence; 6) At the conclusion of all evidence and rebuttals, the Board members proceed to discuss the case and, one by one, make a finding, on each of the four points; and, 7) On the basis of these findings, a Board member should offer a motion to grant or deny the special use permit. The Planning Board is required to report their decisions in writing. If a permit is recommended for approval, the findings of fact supporting the four essential conclusions must be indicated. If a permit is recommended for denial, the Planning Board will indicate which of the four necessary findings were not satisfied and will include a finding of facts justifying their conclusion.