S20-04 Application Package 10.8.2020Page 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
CINDEE WOLF PROCLAIM HOLDINGS, L.L.C.
DESIGN SOLUTIONS
PO BOX 7221 PO BOX 15447
WILMINGTON, NC 28406 WILMINGTON, NC 28408
910-620-2374 910-795-4143 (SPENSE HACKNEY)
CWOLF@LOBODEMAR.BIZ SPENCE@PROCLAIMINTERACTIVE.COM
813 & 817 PINER ROAD 313415.72.1770 & 313415.72.2956
3.78 AC.(CZD) CB (PROPOSED)GENERAL RESIDENTIAL
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:
THERE IS AN EXISTING RESIDENCE ON THE PROPERTY. THE PETITIONER SEEKS TO ALLOWIT TO BE USED AS A "LIVE-WORK OR CARETAKER UNIT" WHICH REEQUIRES A SPECIAL USEPERMIT.
REFERENCE THE SITE PLAN FOR LAYOUT AND DETAILS OF THE RESIDENCE. ADDITIONALLY,ALL OF THE PRESCRIBED CONDITIONS OF THE UNIFIED DEVELOPMENT ORDINANCE HAVEBEEN MET AS DESCRIBED IN SECTION 4.3.2.A.7.
SINGLE-TENANT OFFICE BUILDING / 715
1600 S.F. GFA
4 3
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:
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;
Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection;
Soil erosion and sedimentation;
Protection of public, community, or private water supplies, including possible adverse effects on surface waters
or groundwater; or
Anticipated air discharges, including possible adverse effects on air quality.
2. The use meets all required conditions and specifications of the Unified Development Ordinance.
THE PROPOSED RESIDENCE IS EXISTING, AND SERVICED BY A PUBLIC WATER SYSTEMAND A PRIVATE SEPTIC SYSTEM. ITS ACCESS IS FROM THE SAME DRIVEWAY FOR THEPRIMARY OFFICE USE, AND ADDITIONAL PARKING SPACES ARE AVAILABLE IMMEDIATELYADJACENT TO THE HOME. ALLOWING THE OWNER OR A FULL-TIME EMPLOYEE OF THEBUSINESS TO RESIDE ON THE PROPERTY PROVIDES SECURITY FOR THE PREMISES ANDTHE COMPANY VEHICLES THAT ARE PARKED OVERNIGHT AND WEEKENDS.
A "LIVE/WORK OR CARETAKER UNIT" IS PERMITTED BY PRESCRIBED CONDITIONS INSECTION 4.3.2.A.7 OF THE UDO. ALL OF THOSE CRITERIA ARE SATISFIED.
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:
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.).
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:
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.).
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.
THE HOUSE THAT IS TO BE USED FOR THE "LIVE / WORK OR CARETAKER" RESIDENCE ISEXISTING. IT IS LOCATED ON THE PORTION OF THE TRACT CLOSEST TO THE MYRTLEGROVE SCHOOL. THERE HAS BEEN NO EVIDIENCE THAT IT HAS HAD AN ADVERSE IMPACTTO ANY OTHER ADJACENT PROPERTIES. APPROVAL OF THE ASSOCIATED CONDITIONALZONING DISTRICT CHANGE TO ALLOW THE CONTRACTOR OFFICE WILL INCLUDE UPGRADEOF LANDSCAPING. EXISTING BUFFERYARDS WILL BE VERIFIED FOR THEIR SUFFICENCY,OR SUPPLEMENTED TO ASSURE THAT THE USE IS VISUALLY SCREENED.
THE TRACT IS IDENTIFIED I THE COMPREHANSIVE LAND USE PLAN AS A "GENERALRESIDNETIAL PLACE-TYPE. LOWER-DENSITY COMMERICLA USES, SUCH AS OFFICES,ARE ACCEPTABLE, AND HAVING AN ON-SITE RESIDENCE PROMOTES MIXED-USESTRATEGIES THAT REDUCE VEHICULAR TRAFFIC AND MAXIMIZE LAND USE EFFICIENCY.
Page 5 of 6
Special Use Permit Application – Updated 02-2020
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as
“N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review;
Staff will confirm if an application is complete within five business days of submittal.
Application Checklist
Applicant
Initial
Staff Initial
This application form, completed and signed
Application fee:
$500; $250 if application pertains to a residential use (i.e. mobile home,
duplex, family child care home).
Traffic Impact Analysis (if applicable)
Site Plan including the following elements:
Tract boundaries and total area, location of adjoining parcels and roads
Proposed use of land, structures and other improvements
o For residential uses, this shall include number, height, and type of
units; area to be occupied by each structure; and/or subdivided
boundaries.
o For non-residential uses, this shall include approximate square
footage and height of each structure, an outline of the area it will
occupy, and the specific purposes for which it will be used.
Development schedule, including proposed phasing
Traffic and parking plan; including a statement of impact concerning local
traffic near the tract; proposed right-of-way dedication; plans for access to
and from the tract; location, width, and right-of-way for internal streets and
locations; arrangement and access provisions for parking areas
All existing and proposed easements, reservations, required setbacks, rights-
of-way, buffering, and signage
The location of Special Flood Hazard Areas, if applicable
The approximate location of US Army Corps of Engineers Clean Water Act
Section 404 wetlands, Rivers and Harbors Act Section 10 wetlands, and
wetlands under jurisdiction of the NC Department of Environmental Quality.
Location, species, and size (DBH) of regulated, significant, or specimen trees
Any additional conditions and requirements that represent greater
restrictions on development and use of the tract than the corresponding
general use district regulations or additional limitations on land that may be
regulated by Federal or State law or local ordinance.
Any other information that will facilitate review of the proposed special use
permit (Ref. Section 10.3.5, as applicable)
Applications for uses in the intensive industry category must also submit:
Community meeting written summary
A list of any local, state, or federal permits required for use
One (1) hard copy of ALL documents AND 5 hard copies of the site plan. Additional
hard copies may be required by staff depending on the size of the document/site
plan.
One (1) digital PDF copy of ALL documents AND plans
CAW
CAW
N/A
CAW
N/A
CAW
CAW
Legal Description for
Conditional Zoning District
At 813 & 817 Piner Road
Beginning at a point in the northern boundary of Piner Road (S.R. 1521), a sixty‐foot (60’) public
right‐of‐way; said point being located at the southwestern corner of the Myrtle Grove School;
and running thence:
North 56051’17” West, 209.83 feet along the said right‐of‐way to a point; thence
North 20044’46” East, 693.99 feet to a point; thence
South 58008’48” East, 208.90 feet to a point; thence
South 20045’00” West, 698.80 feet to the point and place of beginning, containing
3.28 acres, more or less.
REPORT OF COMMUNITY MEETING NOTIFIACTION
BY NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: Freedom Lawns Office / 813 & 817 Piner Road
Proposed Zoning: (CUD) O&I to (CZD) CB
The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site
layout for the above proposed zoning application was sent to the adjacent property owners set
forth on the attached list by first class mail, and provided to the Planning Department for notice of
the Sunshine List on September 15, 2020. The mailing gave the recipients opportunity to contact
us with questions or comments via telephone or email. Copies of the written notices and the site
layout are attached.
The persons responding were: Reference attached list of contacts received from calls or
emails, and the associated dialogue.
Date: October 5, 2020
Applicant: Design Solutions
By: Cindee Wolf
Community Information
Freedom Lawns / 813 & 817 Piner Road
NameAddressEmail (Optional)
Sean P. Mulligan5756 Highgrove Place seanpmulligan@gmail.com
Cindee WolfProject Planner cwolf@lobodemar.biz
Hi Cindee,
I have reviewed the notice re: Freedom Lawns wishing to run their operation at 813 Piner.
My main comment is regarding possible noise disturbance from the operation.
At what hour in the morning will workers be arriving to load company vehicles and head out.
In my experience that will be at an early hour that will be noticeable to the neighborhood.
Please establish working hours and "non‐noisy" times.
Other than that I am OK with this use.
Sean P. Mulligan
Mobile: 203‐219‐2212
5756 Highgrove Place
seanpmulligan@gmail.com
Mr. Mulligan,
Techs (8)‐ Monday thru Friday 6:45am‐3:15pm
Admin (2)‐ Monday thru Friday 8am‐5pm
Owners(2)
There is no activity weekends or holidays.
• The only real activity is to fill the tanks – by normal hose ‐ from an on‐site well adjacent to the
proposed storage building, and hand load the plant‐care applications from the proposed new storage
building. No machinery like forklifts.
• All of those applications are non‐toxic substances and considered environmentally “friendly.”
We appreciate your contact and will include it in the project information report. Please don’t hesitate
to email again if you have additional questions.
Regards, Cindee
Thanks, that confirms my concerns of early morning activity disturbing the peace.
I know that crews coming and going can be somewhat talkative and vehicle activity (doors and motors)
will be heard.
Hopefully Freedom will understand and inform their crews to transition as quickly and quietly as
possible.
Sean P. Mulligan
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Project Information Notice
September 15, 2020
To: Adjacent Property Owners
Re: Freedom Lawns
The owners of Freedom Lawns are interested in purchasing the property at 813 Piner Road and
running their business out of the existing office building. The only changes to the site would be
elimination of the western driveway, construction of a storage building to the rear of the tract,
and overall upgrade of landscaping to current standards. This proposal would require a
Conditional Zoning District approval from New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance with
specific standards and conditions pertaining to each individual development project.
Essentially, this means that only that use, structures and layout of an approved proposal can be
developed. A sketch plan of the project layout is enclosed.
The County requires that the developer notify the property owners within an adjacency to the
project and hold a meeting for any and all interested parties. This is intended to provide
neighbors with an opportunity for explanation of the proposal, and for questions to be
answered concerning project improvements, benefits, and impacts.
Due to the current COVID‐19 issue, however, a meeting cannot be held at this time. In lieu of
that, you can contact the land planner, Cindee Wolf, with comments or questions at:
Telephone: 910‐620‐2374, or
Email: cwolf@lobodemar.biz
We can also set up an on‐line meeting for a forum with multiple parties if requested. Please let
me know if you are interested in that alternative and arrangements will be made. All contact,
comments, concerns, and recommendations must be recorded in a report delivered to the
County along with the rezoning application.
Prior to this project being reviewed by the Planning Board & Commissioners, you will receive
subsequent notices of the agendas directly from the County. Those meetings provide public
hearings for comment on any issues pertinent to approval of the proposal.
We appreciate your interest and look forward to being a good neighbor and an asset to the
community.