Special Use Permits 2022 SUP Book i V Page a I
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT MODIFICATION
Sanitary Landfill in an 1-2, Heavy Industrial Zoning District
S-611M
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on January 10, 2022 to consider application number S-611M submitted by Joe
Suleyman of New Hanover County (the "Applicant") to expand a sanitary landfill on US Highway
421 North, and having heard all of the evidence and arguments presented at the hearing, the
County Commissioners conclude that the Applicant produced competent, material, and
substantial evidence tending to establish the existence of the facts and conditions which Section
10.3.5.D of the County Unified Development 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 10.3.5.D (1-4) of the County Unified Development Ordinance WILL be satisfied if
the property is developed in accordance with the plans and findings submitted to the County
Commissioners attached as Exhibit A and incorporated into this special use permit:
1 (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 Unified
Development 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 Comprehensive Land Use Plan for
New Hanover County.
2. Therefore, because the County Commissioners conclude that all of the general and specific
1 conditions precedent to the issuance of a SPECIAL USE PERMIT MODIFICATION HAVE been
satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT
j MODIFICATION BE GRANTED subject to the following condition:
I
i
A. That the applicant shall fully comply with all of the specific requirements stated in
Sections 10.3.5 and 4.3.5.C.3 of the Unified Development Ordinance for the proposed use,
as well as the proposed and approved site plan, and all other state or federal
j requirements.
B. In accordance with Section 10.3.5.C.7.c of the Unified Development Ordinance, the
permit shall become null and void if the proposed use or work authorized by the approvals
IPage 1 of 4
li
1
1
1
or permits associated with this special use permit has not substantially commenced
within 24 months of the date of this approval.
i
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.
D. Additional Condition(s):
(1) On Lot 2, the County will continue to work with the North Carolina Natural
1
Heritage Program to identify the extent of any significant plant or animal species
on the subject parcel and to protect these species when practicable in dedicated
natural areas or to provide mitigation areas when species cannot be protected.
(2) The County worked with the North Carolina Plant Conservation Program to
identify three (3) habitat restoration areas as shown on Attachment D. Plantings
of Aristida condensata and longleaf pines have been completed twice by
University of North Carolina Wilmington students and faculty. The plantings were
established successfully in two of the three habitat restoration areas and the third
area remains protected in its natural state.
(3) Lot 2 will not be used for landfill disposal. This condition shall not prohibit Lot 2
from being used for regulatory setbacks, permitted waste processing, and/or
waste transfer.
1
1
Ordered this 10th day of January 2022.
4
i
i
A
i
1
Gf-, 7y , u101son-Boseman, Chair zi.1 r
I t fie. >
1 Z v`„°,' O
e j f;,, Attest:
;:7
3
I/I ��
K'i'n rowell, Clerk to the Board
j
j
I
I
Page 2 of 4
1
s
I
1
I
Exhibit A
I
i
Findings of Fact:
(In Accordance with Section 103.5 of the New Hanover County Unified Development
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 service is available through Cape Fear Public Utility Authority.
1
) B. The subject property is located in the New Hanover County Northern Fire Service District.
C. Access to the site would either be internal through the existing landfill site or taken from
US Highway 421 North, a state-maintained principal arterial roadway.
D. The subject site does not host any known cultural or archaeological resources.
) E. The site appears to contain Animal and Plant Natural Areas of Special Significance
(Aristida condensata). Further field determination is required; however,Animal and Plant
Natural Areas of Special Significance may require performance controls in areas where
these resources are found. Verification of regulated conservation resources will be
, required during the site plan review process.
F. Based on the proposed uses of the property, the expansion is not anticipated to impact
traffic on the surrounding transportation network.
G. The applicant has proposed as a condition of approval that the applicant will continue to
work with the North Carolina Natural Heritage Program to identify the extent of any
significant plant or animal species on the subject parcel and to protect these species when
practicable in dedicated natural areas or to provide mitigation areas when species cannot
be protected.
H. The applicant has proposed as a condition of approval that the applicant has worked with
the North Carolina Plant Conservation Program to identify three (3) habitat restoration
) areas as shown on Attachment D. Plantings of Aristida condensata and longleaf pines have
been completed twice by University of North Carolina Wilmington students and faculty.
The plantings were established successfully in two of the three habitat restoration areas
) and the third area remains protected in its natural state.
)
Finding 2:The Board must find that the use meets all required conditions and specifications
of the Unified Development Ordinance.
A. The site is zoned 1-2, Heavy Industrial.
1 B. Sanitary Landfill is an allowed use by Special Use Permit.
C. Sanitary Landfills are classified by the Unified Development Ordinance (UDO) as Intensive
Y Y p ( )
Industry uses and require applicant to host a Community Meeting. The applicant held a
( community meeting on Monday, September 27, 2021. According to information
submitted with the application, one adjacent property owner attended the meeting.
i
1
I
Page 3 of 4
1
D. The UDO establishes use-specific standards for Sanitary Landfills,which are shown on the
conceptual site plan and will be confirmed by the Technical Review Committee if the
Special Use Permit modification is granted.
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 is zoned 1-2, Heavy Industrial.
B. The subject site is adjacent to industrial uses on all sides.
1
C. Per condition of approval proposed by the applicant, the subject site will not be used for
landfill deposit storage.
4
I D. All structures must meet the Unified Development Ordinance's 50-foot setback
requirement from adjacent property lines.
I E. 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 Comprehensive Land Use Plan for New Hanover
County.
A. The subject site is currently undeveloped.
I B. The subject site, as well as the surrounding area, is zoned 1-2, Heavy Industrial.
C. The predominant land use in the immediate vicinity of the subject site is industrial, with
the existing landfill site located to the north and east.
D. The New Hanover County Landfill has been in operation since 1981. It has been modified
and expanded several times over the years. .
E. The ro osed modification will allow for landfill support p p pport operations and structures to be
relocated onto the subject site, allowing New Hanover County Environmental
1 Management staff to maximize the use of the existing, permitted landfill site.
1 F. The site is located along the US Highway 421 North corridor, an NCDOT-maintained
principal arterial roadway.
G. The 2016 Comprehensive Land Use Plan classifies the subject property, as well as the
surrounding area, as a Commerce Zone. This place type serves to provide areas for
employment and production hubs, predominantly composed of light and heavy industrial
uses, though office and complementary commercial uses are also allowed. The proposed
use of the property as an expansion of the existing County landfill is in line with the types
of industrial uses envisioned for the Commerce Zone place type because it would help to
accommodate the continued expansion of the adjacent landfill site by providing an area
for the relocation or addition of landfill support operations and structures.
1
Page 4 of 4
,
SUP BookIY__page Cla
° COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO DENY A SPECIAL USE PERMIT
Mobile Home within an RA, Rural Agricultural District
S22-01
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on July 11, 2022 to consider application number S22-01 submitted by Joyce
Lemmon (the "Applicant") to place a mobile home at 5031 Pelland Lane, and having heard all of
the evidence and arguments presented at the hearing,the County Commissioners conclude that
the Applicant did not produce competent, material, and substantial evidence tending to establish
the existence of the facts and conditions which Section 10.3.5.D of the County Unified
Development 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 10.3.5.D (1-4)of the County Unified Development Ordinance WILL NOT be satisfied
if the property is developed in accordance with the plans and findings submitted to the
County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first
general requirement listed in the Ordinance; namely the requirement that the use will not
materially endanger the public health or safety if located where proposed and developed
according to the plan as submitted and approved.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required
conditions and specifications.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a public necessity.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the
fourth general requirement listed in the Ordinance; namely 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 located and in general conformity with the plan of development
for New Hanover County.
Page 1 of 2
6. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a special use permit HAVE NOT been satisfied, IT IS
ORDERED that the application for the issuance of a special use permit be DENIED.
Ordered this 11th day of July, 2022.
�i Y.N J is Olson-Roseman, Chair
Gov
O
a Attest:
•
()Anlite
K Crowell, Clerk to the Boar
{
{kf
Page 2 of 2