S20-03 Marker 137 Application 7.9.2020Page 1 of 6
Special Use Permit Application – Updated 02-2020
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
SPECIAL USE PERMIT APPLICATION
This application form must be completed as part of a special use permit application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.5 of the Unified Development Ordinance.
*If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section
10.2.3, Community Information Meeting.
1. Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
Applicant Tracking Information (This section completed by staff)
Case Number:
Date/Time Received: Received by:
Public Hearing Procedures
(Optional)
Pre-Application
Conference
1*
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
Anna Bessellieu McCauley Frances Bessellieu Revokable Trust
Marker 137 LLC Anna Bessellieu McCauley
175 Whippoorwill Lane Same
Wilmington NC 28409 Same
910-265-4314 Same
Anna@marker137.com Same
175 Whippoorwill lane R07213-007-032-000
2.77 R-15:Single Family Dwelling General Residential
S20-03 7/9/2020 Before 5 PM GHS
Page 2 of 6
Special Use Permit Application – Updated 02-2020
3. Proposed Zoning, Use(s), & Narrative
Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a
project narrative (attach additional pages if necessary).
4. Proposed Condition(s)
Please note: Within a special use permit proposal, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding zoning district regulations may be
added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding
community. Please list any conditions proposed to be included with this special use permit application below. Staff,
the Planning Board, and Board of Commissioners may propose additional conditions during the review process that
meet or exceed the minimum requirements of the Unified Development Ordinance.
5. Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version
of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be
completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be
included with this application.
ITE Land Use:
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
See attached document.
See attached document.
TBD - Working with WMPO for most similar use.
Page 3 of 6
Special Use Permit Application – Updated 02-2020
6. Criteria Required for Approval of a Special Use Permit
A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but
because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods
of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is
to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and
zoning district where they are proposed.
For each of the four required conclusions listed below, include or attach a statement that explains how any existing
conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to
reach the required conclusion, and attach any additional documents or materials that provide supporting factual
evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant
understand what may be considered in determining whether a required conclusion can be met. Any additional
considerations potentially raised by the proposed use or development should be addressed.
1. The use will not materially endanger the public health or safety if located where proposed and approved.
Considerations:
x Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and
sight lines at street intersections with curb cuts;
x Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection;
x Soil erosion and sedimentation;
x Protection of public, community, or private water supplies, including possible adverse effects on surface waters
or groundwater; or
x Anticipated air discharges, including possible adverse effects on air quality.
2. The use meets all required conditions and specifications of the Unified Development Ordinance.
See attached document.
See attached document.
Page 4 of 6
Special Use Permit Application – Updated 02-2020
3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public
necessity.
Considerations:
x The relationship of the proposed use and the character of development to surrounding uses and development,
including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of
operation, etc.).
x Whether the proposed development is so necessary to the public health, safety, and general welfare of the
community or County as a whole as to justify it regardless of its impact on the value of adjoining property.
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 New Hanover County
Comprehensive Land Use Plan.
Considerations:
x The relationship of the proposed use and the character of development to surrounding uses and development,
including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of
operation, etc.).
x Consistency with the Comprehensive Plan’s goals, objectives for the various planning areas, its definitions of
the various land use classifications and activity centers, and its locational standards.
See attached document.
See attached document.
GHS
GHS
N/A
GHS
N/A
GHS
GHS
(3).Proposed Zoning, Use(s), and Narrative Wedding venue (Outdoor Recreation Establishment
Wedding Venue (Outdoor Recreation Establishment)
12 - 16 events per year. Events are limited to once a week and will only talk place on the weekend
(friday, saturday,, or sunday
Events generally last 5 or 6 hours in total with an average of 125 people
Music is played following the ceremony and typically lasts 2.5 to 3 hours
Guests either drive their personal vehicles and park on the property or utilize Uber, Lyft or a taxi. There
are also instances where the client hires a
Shuttle service.Parking is contained with in the property and no on-street parking occurs.
(4) Proposed Conditions
A maximum of 16 weddings will be scheduled throughout the calendar year, with all events taking place
during the weekend( friday-Sunday)
All parking much be contained within the property
surrounding neighbors within the Soundview and Tanglewood neighborhoods will be notified prior to any
event that is scheduled on the property
(6.1) The use will not materially endanger the public health or safety if located where proposed and approved.
Whippoorwill lane is a NCDOT state maintained roadway, however, there is a small portion of the road
that is not maintained by NCDOT. This
section of the road is gravel and is maintained by the homeowners.
There will be no parking along Whippoorwill because all parking will be on the property. Since the
weddings will only occur at most once a week and on the weekends,traffic generated by the venue
is not expected to continuous- generally guests arrive right before the ceremony and leave
afterwards. Guests get there at the beginning and leave at the end so there won’t be a continuous flow
of traffic as you see with a typical commercial business with customers coming at will.
Port-a-johns are delivered to the property prior to ant event.
The dock is closed off during the event to the guests to eliminate the potential of water pollution and to
protect the safety of all guests.
All the trash from the events is double bagged and stored on a trailer in the back of the property We do
separate the recyclables and dispose of
either through commercial trash pick up or transporting it to recycle center to county dump.
We carry 1 million dollars in liability insurance through James E Moore insurance company.
Each event is required to carry a 1 million dollar day of event insurance policy naming Marker 137.
The Fire Marshall inspects each and every tent placed for every event.
We Have approximately 50 feet of a natural wood line running the entire length of the property to
provide a sound barrier. We also vary the position of the Music vendors alternating the
direction of the sound from the speakers.
We Have staff on property for every event from the time the first vendor arrives until the last guest and
or vendor has departed. The wood line prevents guests from straying from the property onto the
adjoining property.
(6.2) The use meets all required conditions and specifications of the Unified Development Ordinance.
An outdoor Recreation Establishment is permitted within the R-15 zoning district once a special permit
use permit is obtained. The proposal
meets all standards for the specified commercial principal uses as outlined in section 4.3.4A.4,
specified below:
Outdoor recreation establishments in residential districts and the O&I district shall comply with the
following standards:
A) Buffers adequate to screen adorning residential uses from the effects of light and noise generated
on the site shall be provided.
B) All buildings shall be set back from the right-of-way at least 50 feet and 100 feet if the site is in the
Special Highway Overlay District.
C) Signage shall be limited to one ground sigh not to exceed 32 square feet and shall bee set back
from the right-of-way at least 25 feet.
D) Access to the site shall be to a US or NC numbered road or to a collector road as designated on the
Wilmington MPO Functional Classification Map.
E) As part of a Special Use Permit, other conditions deemed by the Commissioners necessary to
promote the health, safety, and welfare of the community may be added.
(6.3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public
necessity.
The attached appraisal report indicates there is no negative impact to the adjoining properties.
The events generally occur from approximately 4pm to 10pm. The county noise ordinance of 10 pm is
strictly adhered to for every event regardless of start time.
(6.4) 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
New Hanover County Comprehensive Land Use Plan.
Appraisal report shows the surrounding area land uses.
The hours of operations, along with the natural buffers on the property help provide relief from the
surrounding properties. The wedding venue will only operate during the weekend and for a couple
hours in total, so the proposal is not much different than a property owner throwing a party or family
reunion.
The general Residential place type focuses on the lower density housing and associated civic and
commercial services. Typically, housing is single family or duplexes. Commercial uses should be
limited to strategically located office and retail spaces, while recreation and school facilities are
encouraged throughout. Types of uses include single-family residential, low density multi family residential,
light commercial,civic, and recreational.
The general Residential place type is to provide opportunities for similar lower density residential
development and supportive commercial, civic, and recreational development. In closing I hope that you will
consider this application for a special use permit favorably. It has always been and will continue to be our
greatest desire to do things in the right way. We were unaware of the need for this permit and for that i am
profoundly sorry and hope that can be rectified with this application. Our mission to follow all the laws as
written and to always take into consideration all who live adjacent to us. I look forward to working towards a
solution that will allow us to continue the business we have come to love. It brings so much joy and
happiness to me and a select few young brides and grooms. To be able to start their lives together in such a
beautiful and peaceful setting is a blessing we are proud to offer them. We consider all of our clients family
and welcome them back to enjoy a sunset on the dock to celebrate their anniversary or to bring their little
ones for a photo shoot or just to romp in the yard at the place it all began.
Client File No. Page # 6 of 20
External Obsolescence Market Analysis
175 Whipporwill Ln
Wilmington, NC 28409
LOT 2-R-1-A MARIE S HAWKINS ESTATE REDIV
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
07/28/2020
Jeffrey Weaver
Weaver Appraisal Service
PO BOX 1627
Wrightsville Beach, NC 28480
(910) 796-9024
jeffweaver0412@gmail.com
Form GA2NV_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
LOCATED AT
FOR
AS OF
BY
Client File No. Page # 7 of 20
In the course of performing appraisals, we may collect what is known as "nonpublic personal information" about you. This information is
used to facilitate the services that we provide to you and may include the information provided to us by you directly or received by us from
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We do not disclose any nonpublic personal information obtained in the course of our engagement with our clients to nonaffiliated third
parties, except as necessary or as required by law. By way of example, a necessary disclosure would be to our employees, and in certain
situations, to unrelated third party consultants who need to know that information to assist us in providing this market analysis study
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Please feel free to call us any time if you have any questions about the confidentiality of the information that you provide to us.
Quality Appraisals 910-796-9024
Form PRV - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
PRIVACY NOTICE
Pursuant to the Gramm-Leach-Bliley Act of 1999, effective July 1, 2001, Appraisers, along with all
providers of personal financial services are now required by federal law to inform their clients of
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Types of Nonpublic Personal Information We Collect
Parties to Whom We Disclose Information
Confidentiality and Security
PROPERTY ADDRESS: 175 Whipporwill Ln , Wilmington NC 28409
CURRENT OWNER: BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
PURPOSE OF THIS ASSIGNMENT:
The purpose of this assignment was to determine if any external obsolescence is created to other nearby
properties when the subject property is being used for wedding and other events located on the subject
lot.
DEFINITION OF EXTERNAL OBSOLESCENSE:
The definition of external obsolescence, “is an element of depreciation; a defect, usually
incurable, caused by negative influences outside a site and generally incurable on the part of the
owner, landlord, or tenant.”1
(SOURCE:1 The Dictionary of Real Estate Appraisal, 4th Edition, Appraisal Institute, 2002, Page 106)
For this assignment, the appraiser's assignment is to estimate if any external obsolescence (value impact)
would be present for any adjoining property owner due to the subject property wedding events. Also the
appraiser is to measure any possible impact on any marketability concerns for the neighboring
properties.
INTENDED USE AND USER:
The intended user is the client stated above as well as the local zoning board that has this property under
review for a special use permit. No other intended use or users are noted.
SCOPE OF WORK:
The appraiser researched other properties in the area to try and find sales data that would help
demonstrate if any external obsolescence from events considered comparable to the subject property.
Due to the limited data that met the general use of the subject property, the appraiser expanded this
search to include homes that were located near community parks (which can be used for wedding
events), local churches (due to the use being similar to only several days a week use) as well as other
properties that had limited daily events and traffic patterns that would be comparable to the subject
property.
The data was obtained and then a direct comparison of these effected properties was compared back to
similar properties in each area that were far enough away from these locations to allow for a measurable
analysis to determine if any impact on value or marketability was present.
In order to better illustrate the results of this analysis, the appraiser has provided a Regression Analysis
which can be presented in a graph to show a visual result of this analysis. See the attached Regression
Analysis for the results and conclusions of this analysis.
RESULTS AND CONCLUSIONS:
The appraiser has reviewed the subject property and supplied market data demonstrated by the
regression analysis provided that clearly shows there would be no negative impact on value of the
neighboring properties of the subject by it being used as a wedding event location.
The data provided is in line with what the general overall expectation was noted during the inspection
process of the subject property. The subject properties overall location and lot layout as well as the
extensive amount of buffer area between the neighbors properties indicates the use as a wedding event
location should not cause any impact on normal activities for the neighbors. In fact, it would be hard for
the neighbors to even see that an event is going on due to the buffer areas.
The only possible nuisance that MAY could happen is if the music was played at such a high level it would
interfere with normal living conditions of the neighbors. There is already a noise ordinance in place that
would not allow the client to allow this to happen.
The appraiser sees no reason at all that this property should not be allowed to obtain a special use permit
to be used for a wedding event as requested by the client
Client File No. Page # 8 of 20
Supplemental Addendum
Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
Client
Lender/Client
Property Address
City County State Zip Code
File No.
to be used for a wedding event as requested by the client
CERTIFICATIONS:
The statements of fact contained in this report are true and correct.
- The reported analyses, opinions, and conclusions are limited only by the reported assumptions and
limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and
conclusions.
- I have no present or prospective interest in the property that is the subject of this report and no
personal interest with respect to the parties involved.
- I have no bias with respect to the property that is the subject of this report or the parties involved with
this assignment.
- My engagement in this assignment was not contingent upon developing or reporting predetermined
results.
- My compensation for completing this assignment is not contingent upon the development or reporting
of a predetermined conclusion or direction that favors the cause of the client, the attainment of a
stipulated result, or the occurrence of a subsequent event directly related to the intended use of this
assignment.
- My analyses, opinions, and conclusions were developed, and this report has been prepared, in
conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time
this report was prepared.
- I have made a personal inspection of the property that is the subject of this report.
- No one provided significant real property appraisal assistance to the person(s) signing this certification
DATE: 07/28/2020
JEFFREY WEAVER, CERTIFIED RESIDENTIAL APPRAISER #NCA3073
Client File No. Page # 9 of 20
Supplemental Addendum
Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
Client
Lender/Client
Property Address
City County State Zip Code
File No.
Client File No. Page # 10 of 20
Form MAP_LT.COMMUN - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Community Map
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
Client
Lender/Client
Property Address
City County State Zip Code
Client File No. Page # 11 of 20
Form MAP.NHOOD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Neighborhood Map
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
Client
Lender/Client
Property Address
City County State Zip Code
Client File No. Page # 12 of 20
Form MAP_LT.DEED - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Tax Plot Map with lot dimensions
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
Client
Lender/Client
Property Address
City County State Zip Code
Client File No. Page # 13 of 20
Form PICINT6_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Pictures of subject lot and areas used for weddings and events/SAMLES
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
water view which also is a buffer zone to neighbors typical event size and location with buffer zones from neighbors
typical event size and location with buffer zones from neighbors typical event size and location with buffer zones from neighbors
typical event size and location with buffer zones from neighbors buffer zones from neighbors
Client
Lender/Client
Property Address
City County State Zip Code
Client File No. Page # 14 of 20
Form PICINT6_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Interior Photos
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
buffer zones from neighbors buffer zones from neighbors
buffer zones from neighbors buffer zones from neighbors
buffer zones from neighbors buffer zones from neighbors
Client
Lender/Client
Property Address
City County State Zip Code
Client File No. Page # 15 of 20
Form HMAPP - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Location Map with areas noted as buffer zones from neighbors
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
The map above shows the overall lot size and layout of the land, buffer zones from neighbors and general area used for weddings and events on this
property. As you can see the location of the area used is approximately 70 feet from the side property lines on the north and south and 400 feet from the
road/driveway on the west. The east is buffered by the intracoastal waterway.
The areas along the property lines that buffer the view as well as the sound barrier are lined with very large and mature trees and shrubs. The area used
for the tents and activities cant be seen by any neighbors from any direction. The appraiser has measured the distance from each home from the area that
the tent for these events are located and found that the closest home is 150 feet away. This is for the home at 174 Sound View Dr. The home located at
184 Sound View Dr is approx. 200-250 feet away. The home located at 4601 New Jack Rd which is the next door neighbor is located 250 feet away. The
other homes located towards the front of the lot and driveway to the subject property area are over 400 feet away from the area used during the events.
Based on this data that is clearly demonstrated above, it would be almost impossible for any neighbor to be able to view the activities going on during any
events on the subject lot. The large buffer of trees would also work as a sound barrier that would limited any potential noise from music or crowd noise as
long as the music level is within the decibel level allowed by current zoning ordinances. Its the appraisers opinion that the decibel level could exceed the
zoning ordinance levels at the direct site of the event location and the buffer of trees would diminish the sound drastically if measured from the streets
and property lines as required should a complaint be filed.
Client
Lender/Client
Property Address
City County State Zip Code
Client File No. Page # 16 of 20
Form HMAPP - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
REGRESSION ANALYSIS
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
The data above represented by the blue dots is a sale found within the past year that was located within 500 feet of a school, church, busy road,
commercial property or other external influences considered comparable to the subject property. In fact, the data above most likely represents a more
drastic external influence than what the subject properties use were represent to the nearby neighbors.
Each blue dot shows a sale that is then plotted on this graph based in its heated area on the bottom of the graph and then with its reported sales price on
the left.
After each dot was plotted, the appraiser applied a statistical trend line represented by the yellow line. This data can be used to estimate the most likely
sales price of homes based on their heated area. For an example, the appraiser took a 2000 sq. ft. home and lined it up until it hit the yellow trend line to
estimate its most likely sales price which was $263,000. This is determined by using the slope of this trend line formula of y=25.282+212461. This is how
the estimated value of a 2000 sf. ft. home of $263,000 is determined from homes that had some kind of similar external influence.
See the next graph below which represents sales similar to above but they were not located near any external influence.
As you can see, the same 2000 sq.ft. home in the other graph showed the estimated value to be $264,000.
This analysis clearly shows that both sets of data gave a very similar value for the same 2000 sq.ft. home. This is market data support that supports the
appraisers conclusion that the subject property being used as a wedding event location would not have any negative impact on value or marketability for
the nearby neighbors.
Client
Lender/Client
Property Address
City County State Zip Code
Client File No. Page # 17 of 20
Form HMAPP - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
REGRESSION ANALYSIS
BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY)
175 Whipporwill Ln
Wilmington New Hanover NC 28409
NA
This graphs and analysis is done in the same manner as described above but it was for homes not located in areas with nearby influences similar to the
subject property. See comments and conclusions above.
Client
Lender/Client
Property Address
City County State Zip Code
Client File No. Page # 18 of 20
Appraiser License Certification
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Client File No. Page # 19 of 20
Resume - Page 1
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Client File No. Page # 20 of 20
Resume - Page 2
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE