HomeMy WebLinkAboutSpecial Use Permits 2023SUP Book Page—T.-!-
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'The COUnty Comrnpssioners for New Hanover, County (the "County Commissioners"), having held
as pubfic hearing on March 6, 2023 to consider applica'don number S22-03 subryfltted by"Thomas
Johnsoin on behalf of Skyway Towers (the "Alpphcant") to place as Mreless support structure at an
unaddressed parcel on Plantaflon Road identffied as Parcel Identffication R028CSC -004-01.2-001,
and having heard a[I of the evklence and arguments presented at the hearing, the County
Corn mission ers COnClUde that the Applicant produced cornpetent, materiall, arid substantW
evidence tendpng to estabhsh the existence of the facts and conditions which Section 1.03,5.D of
the County Unified DevOolprnent Ordinance requires for the issuarice of an specW use permft, and
frorn the evidence adduced at the [waring, the Cornmpssioners make the foUowing FINDINGS OF
FACT and drawow the f0owing 0".)NOLUSMS:
L The County Comrrdssioners FIND ASA FAC Tthat the f0owing slpecffic requirements set forth
In Section 10.3,5.1) (1-4) of the County Unified DeMolpment )rdinance WILL be satisfied if
the property is developed in accordance with the 1pans arid findings submitted to the County
Cory-urnissioners.
(1) The use will not materially endanger the pubhc heafth or safety if iocated
where proposed and approved;
(2) T[ie use meets all required conditions and specffications of the Unified
Deve�oprnent Ordinance;
(3) The use will not substantiaUy pnjure the vaIue of adjoWng or abutting
property, orthat the use is a pubfic necessity; and
(4) The Ilocaation and char-acter of the use if deveIolped according to the plan as
suubmr tted arid approved wiII be in harmony Wth the area In wMch it is to be
located and in general conformity with the Cornprelhensive Land Use Manfor
New Hanover County.
2. Therefore, lbecause the County Comrn6ssponers 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 as special use peirrnft be GRANTED subject
to the following condition:
A. "The appficant agrees to make improvements as identified dkjring the Technical Review
Committee (TRC) process to ensure emergency vehicles are able to access the site and
agreeto repair any damage to the Plantatioin Road roadway caused by their vehicles
either for constru0on or irrnaairntenarice.
B. It is recommended that the applicant attempt to coordinate with NCDOT and other
property owners to determine whether Plantation Road can be petitioned for
adoption into the state maintenance program.
Ordered this 6th day of March, 2023.
Attest:
WK Crowell, Clerk to the Board
Page 2 of 5
Findings of Fact;
An Accordance with Section 10.3.5 of the New Hanover County Unified Development
FimdinA1: 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. Public water and sewer infrastructure and capacity are not available to serve the site but
are not necessary for the proposed use.
B. The subject property is located in the New Hanover County Northern Fire Service District.
C. Access tothe tower site will be provided by gated 25' wide access and utility easement
toPlantation Road.
D. The subject site does not host any known cultural or archaeological resources.
E. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate that pocosin wetlands may be present on the site. The applicant has
delineated wetlands on the site and submitted permits to the Army Corps of Engineers to
fill aportion ofthe wetland area.
F. The proposed use will generate an estimated 5 trips per month for maintenance purposes
resulting in virtually no traffic.
Finding 2: The Board must find that the use meets all required conditions and specificationsmf
the Unified Development Ordinance.
A. Wireless Communication Facilities, including Wireless Support Structures, are allowed by
Special Use Permit in the R-15, Residential zoning district provided that the projectrneets
the standards of Section 4.3.3.0 of the Unified Development Ordinance.
B. Section 4.3.3.C.}.a requires that the setback for any wireless support structure in any
zoning district shall be setback from any existing residential property line Or residential
zoning district boundary distance equal tnthe height ofthe tower as measured from
the base of the tower. The location of the pn}pOSGd 189'-tall tower will be more than
199'from all property lines, meeting the setback requirement VfSection 4.3.3.C.l.a.
C. Section 4.3.3.C.1.brequires that all applicants seeking approval shall also submit awritten
affidavit from @ qualified person Or persons, including evidence of their qualifications,
certifying that the construction or placement of such structures meets the provisions of
the Federal Communications Act, 47 U.S.C. 322, as amended, section 6409 of the Middle
Class Tax Relief and Job Creation Act Of2OI2, 47 U.S.C. 1455(a), in accordance with the
rules promulgated by the Federal Communications Commission (FCC), 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
Page 3 of 5
adjacent tothe proposed facility will comply with current FCC standards. Documentation
inthe application package meets these requirements.
D. Section 4.3.3.[.l.d 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.
E. Section 4.3.3.C.6.o.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.
F. Section 4.3.3.[.6.a.1 requires a landscaped buffer with a base width not less than 25 feet
and providing 100Y6 opacity, in addition to a minimum 8 ft. tall hence surrounding the
tower base. The proposed landscape buffer shown onthe applicant's submitted site plan
meets this requirement.
G. Section 4.3.3.C6.a.2 requires that wireless support structures 150/ in height or less shall
beengineered tuaccommodate a minimum ofone additional provider. The proposed
tower is 199' tall and has been designed to accommodate a total of four providers'
antennae and equipment, meeting this ordinance requirement.
H. Section 4.3.3.C.6.a.3 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.
|. Section 4.3.3.[.1.b requires that, when the proposed tower site is within I0l000feet of
an airport or within any runway approach zone, the applicant submit Form 7460tu the
Federal Aviation Administration (FAA) to assure compliance with all FAA standards. An
FAA Determination of No Hazard to Air Navigation has been provided by the applicant
and indicates that the site and proposal are in compliance with FAA regulations.
Finding 3:The Board must find that the use will not substantially injure thena|ue of adjoining
or abutting property orthat the use is a public necessity.
A. The location of the proposed wireless support structure is on avacant property in the
Greenview Ranch subdivision. The tower site and associated equipment storage area will
beonalUO'x1O[/(1CiOOUsf) leased area within this parcel.
B. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate that p000sin wetlands may be present on the site. Non-residential projects
disturbing less than 1 acre are exempt from Section 5.7 Conservation Resources.
C. The applicant has delineated wetlands on the site and submitted permits to the Army
Corps ofEngineers tofill aportion ofthe wetland area.
D. The nearest residential structures range from approximately 950/ to the east Of the
proposed tower location.
E. The predominant land use in the immediate vicinity of the subject site is forested with
few residentially developed lots.
Page 4 of 5
F25' wide buffer surrounding the tower base and eqWpment con-gmund M11 provide
vst.,ial screening,
G. Evidence has been submitted in the form of an impact anaysis by Tom Johnson, a North
Carohna Certified General Real Estate Alp1praiser, tlmt the Iproposall wfll not have
significant adverse impact on adjoining and abutfling properties.
H, No contradictory evidence Ihas been submitted that tMs project will substaintWly hijure
the value of adjoining or abutting propertles.
Finding 4: Me Board must find that the locatioin and character of the use if developed accordfing
to the plan as subirnitted and approved will be in harmony with the area in whic1h it isto be
located and in gerieral conformity with the Comprehensive Land Use Plan for New Hanover
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A. The subject site is currently undeveloped.
13, The site is Ibouumnded by vacant residentially zoned property to the north, east, and south
arid the new Military Cutoff Extension to the west.
L The nearest dweMing is located approArnat6ly 950 feet prom the site.
D. Th Ipredornlnaint laind use in the immediate vicinity of the subject site is forested land
with few residentially devOoped lots.
E. The area to the west of the site is the Hanover Reserve Planned Development, Hanover
Reserve was approved in August 2021. and includes are or resident4l arid commercial
development aiong MiMary Cutoff wftlh an extension of Murrayvffle Road that Mll be
instalied by the developer. The proposed uses include a rnix of hOLIsing types at 7.5
dwOfiing units per acre as well as a mix of restaurant, retail, office and other general
cornryierc4l uses.
l% The Comprehensive Plan classifies the property as Corrununity Mixed Use which focuses
on srY4111-scalle, compact, mixed use developrnent patterns that serve all modes of travel
and act as an attiractor for county residents and visitors. Types of appropriate uses in(Jude
office, retaill, mixed use, recreational, commercial,, institutional, and rnulti-farTffly arid
singie-farnfly itesidentiaL The intent of the Comrnunity Mixed Use place type is to provide
commurfltydevei service nodes and / ortransitions between Mower density Ihouuslrng and
higher intensity devOolpirnerit slpecificaIlly aloing major Iflghway corridors. While wh-Oess
support strUCtUres and other infrastructure are cornmon in contemporary Wid
devOopment patterns, the Cornprehensive Plan does not specifically address their
location. However, the 4'nlAenientation guid6knes of the Comprehensive l)Wi do aim to
support Ibuu.siness success, workforce development, arid economic prosperity. MrOess
support structures when pllaced to best serve the needs Of Surrounding resideirits,
businesses, arid insfltutionall uses, can h0p to advance those goals,,
Page 5 of 5
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Additional Dwelling Allowance Un R-15,Residential, and 0&1,Office and Institutional, Zoning
Districts
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on May 1, 2023 to consider application number S23-01 submitted by Joseph Kass
on behalf of Graycliff Capital Affordable Housing LLC (the "Applicant") for an additional dwelling
allowance at632i 635, 641, and 649 Piner Road identified as Parcel Identification numbers
R07600-002-011-000i R07600-002-0I1-001, R07600-002-011-00I, and R07600-002-012-000
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 toestablish the existence ofthe facts and conditions which Section 1O.3.5.Dof
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 ASAFACT that the following specific requirements set forth
in Section 10.3.5.D (1-4)ofthe County Unified Development Ordinance WILL be satisfied if
the property is developed in accordance with the plans and findings submitted to the County
(l) The use will not materially endanger the public health or safety U 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, orthat the use isapublic 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 ofthe general and specific
conditions precedent tothe issuance of special use permit HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a special use permit be GRANTED subject
tothe following conditions:
A. Density not to exceed 60tota| units (9.6 unhs per acre). Current conceptual site plan
shows 54tota| residential units at 8.7 units per acre. Site plan shows a mixture of
story and 2 story buildings. If additional 6 units are added to the shown 54 units, the
2 story building portions would be raised to 3 stories without altering building
footprints.
B. Proposed development must be awarded LIHTC housing tax credits through the North
Carolina Housing Finance Aoenoy.
C. Restricted toresidential uses only, nocommercial uses.
D. Buildings not toexceed 3stories inheight.
E. Site plan to retain undisturbed tree save area within the area labeled as 50' Buffer
Easement in NE corner of property adjacent to single family homeowners.
Ordered this 5t day of May, 2023.
Bill RkaenbarkChair
Attest:
Clerk to the Board
Page 2 of 5
Exhibit A
Findings ofFact:
An Accordance with Section 1O.3.5ofthe New Hanover County Unified Development
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. Public water and sewer infrastructure and capacity are available toserve the site.
B. The subject property is located in the New Hanover County Southern Fire Service District.
C. Access tothe site will be provided byafull access driveway toPinerRoad.
D. The subject site does not host any known cultural or archaeological resources.
E. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate that pucosinwetlands may bepresent onthe site.
F. The proposed use will generate an estimated additional 13AN4/19PK4 peak hour trips
resulting in a minimal increase intraffic.
Finding 2:The Board must find that the use meets all required conditions and specifications mf
the Unified Development Ordinance.
A. AnAdditional Dwelling Allowance is allowed by Special Use Permit inthe [&[ Office and
|ngtitutuionai and R-15, Residential zoning districts provided that the project meets the
standards of Section 3.1.3.E of the Unified Development Ordinance.
B. Section 3.1.3.E.1 establishes a maximum density of 10.2 units/acre in R-15 and [)&|
districts. The applicant is requesting maximum density ofupto9.6 units/acre for a
maximum total of6O units.
C. Section 3.1.3.E.2.a requires developments with on additional dwelling allowance to be
located either totally orprimarily in, contiguous to, orwithin 25Ofeet of, the boundary of
areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place
types in the Comprehensive Plan. The site is located completely within the Urban Mixed
Usep|acetype.
D. Section 3.1.3.E.2.b states that the development shall have directaccess to and from an
existing major or minor arterial as indicated on the most recent officially adopted
Wilmington K4P<] Functional Classification Map. In addition, all interior drives shall be
designed so as to provide adequate access for emergency vehicles. The subject site has
direct access to Piner Road, an NCDOT maintained minor arterial road. If approved the
site plan will be reviewed by the Technical Review Committee, ensuring adequate access
for emergency vehicles.
Page 3of 5
E. Section 3.1.3.E.3regulates the minimum amount ofgross site area that shall beset aside
as open space in accordance with Section 5.8L open space requirements. The R'15 and
0&1 districts require 35% open space. The proposed open space shown on the applicant's
submitted site plan meets this requirement.
F. Section 3.1.3.E.4 establishes minimum district improvements required by the county
including public water and sewer, storm drains, curb and gutter and a maximum
impervious surface ratio for gross site area ofO.4O.These requirements have been shown
and curb and gutter details will be required during the site plan approval process.
G. Section 3.1.3.E.5 requires a minimum 25' setback from the property line and 20' from
adjacent multifamily dwellings. The locations of the proposed structures meet the setback
requirements.
H. Section 3.1.3.E.6 requires other development standards in regards to buffer strips,
parking,signage, and utilities inaccordance with Sections 5.4, 5.1,5.G,and 4.3.9.|ofthe
UDO. Standards will be required to be met at the time of site plan approval.
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 ofthe proposed multi -family development and associated amenities are
located near an existing mix of commercial, multi -family, and single-family development.
B. The land use in the immediate vicinity of the subject site is commercial, multi -family
residential, and single family residential.
C. The New Hanover County Conservation Resources Map indicate that pocosin wetlands
may be present on the site, however it is not sufficient to trigger the County's open space
requirements.
D. AtreG preservation area in the rear of the site and adjacent to single family homes has
been provided inaddition tuthe 5O'rear buffer.
E. Evidence has been submitted in the form of an impact analysis by]C Morgan, m North
Carolina Certified General Real Estate Appraiser, that the proposal will not have
significant adverse impact onadjoining and abutting properties.
F. No contradictory evidence has been submitted that this project will substantially injure
the value ofadjoining or abutting properties.
Finding 4:The Board must find that the location and character mfthe 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 currently has 2 single-family homes and is undeveloped.
H. The site is bounded by residentially zoned property to the north, office and institutional
zoned property tothe east and west, and B-2 to the south across Piner Road.
Page 4 of 5
C. Land uses in the immediate vicinity of the subject she are single-family and multi -family
residential and commercial.
D. The Comprehensive Plan classifies the property asUrban Mixed Use which focuses onthe
development of mix of residential, office, and retail uses at higher densities. Types of
uses encouraged include office, retail, mixed use, small recreation, commercial,
institutional, single-family, and multi -family residential. The intent of the Urban Mixed
Use place type is to provide urban design features and / or transitions between lower
density housing and higher intensity development in areas adjacent tothe City of
Wilmington. This type and density of residential multifamily development is specifically
encouraged in this Comprehensive Plan place type. Further, the Comprehensive P|an's
implementation guidelines aim to support a diversity ofhousing, supporting economic
prosperity, when placed to best serve the needs of surrounding residents, business, and
institutional uses, can help 10advance those goals.
Page 5 of 5
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COUNTY OF NE��H��NOVER �—' ~~~'^~�--~'~w~~�—~�
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Child Care Center Use in 1-1, Light Industrial, Zoning District
S23-02
The County Commissioners for New Hanover County (the "County Cornrnbsoners")having held
a public hearing onJune 5, 2023to consider application nurnberS23-02 submitted by Lynda
Kachnnan on behalf of8andfidd|er Properties LLC (the "Applicant") for the use of Child Core
Center at 320Van Dyke Drive identified as Parcel Identification number R04315-004-008-000,
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:
I.The County Commissioners FIND ASAFACT that the following specific requirements set forth
in Section 10.3.5.D (I-4)ofthe County Unified Development Ordinance WILL besatisfied if
the property is developed in accordance with the plans and findings submitted to the County
Commissioners.
(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, orthat the use isapublic necessity; and
/4\The location and character ofthe use ifdeveloped according tothe 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
conditions precedent to the issuance of special use permit HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a special use permit be GRANTED.
Page 1 of 4
Ordered this 511 day of June, 2023.
a jt-
Bill Rivenbark, Chair
Attest:
Kyrn7�,J,owell, Clerk to the Board
Page 2 of 4
ThIRIPM,
Findings of Fact:
(In Accordance with Section 10.3.5 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. Public water and sewer infrastructure and capacity are available to serve the site.
B. The subject property is located in the New Hanover County Northern Fire Service District.
C. Access to the site will be provided by a full access driveway to Van Dyke Drive.
D. The subject site does not host any known cultural or archaeological resources.
E. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate that no wetlands are present on the site.
F. The proposed use will generate an estimated additional 39AM/37PM peak hour trips
resulting in a minimal increase in traffic.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Unified Development Ordinance.
A. A Child Care Center is allowed by Special Use Permit in the 1-1, Light Industrial zoning
district provided that the project meets the standards of Section 3.4.10 of the Unified
Development Ordinance.
B. The existing structure is in full compliance with the dimensional standards of Section
3.4.10.D for 1-1. Front and side street setbacks of 50' have been met by the existing
structure.
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 child care center is located in close proximity to several
existing child care centers within the industrial park.
B. The land use in the immediate vicinity of the subject site is commercial, office, and light
industrial.
C. No contradictory 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 subject site currently has a vacant office building.
B. The site is bounded by light industrial zoned property.
C. Land uses in the immediate vicinity of the subject site are office space, commercial, child
care centers, animal boarding services, and indoor recreation.
D. The Comprehensive Plan classifies the property as Employment Center which focuses on
the development of a mix of office and light industrial uses. Types of uses encouraged
include office, retail, commercial, recreational, civic, and those that support the needs of
the employment center. Employment Center place types are generally applied in areas
like this that are intended to serve as employment and production hubs where office and
light industrial uses are easily available with services that support them. Located in close
proximity to employers, the proposed child care facility is a commercial use designed to
serve the needs of the employment center. According to the applicant, the center has an
extensive waitlist for children needing care.
Page 4 of 4
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA SUP Book 1\/ Page 9 ILP
ORDER TO ISSUE A SPECIAL USE PERMIT
Child Care Center Use in R-15, Residential Zoning District
S23-03
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on August 7, 2023 to consider application number S23-03 submitted by Chris
Baker on behalf of Sanctuary Church of Wilmington (the "Applicant") for the use of Child Care
Center at 6687 Carolina Beach Road identified as Parcel Identification number R08200-002-028-
000, 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 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.
(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
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.
Page 1 of 4
Ordered this 711 day of August, 2023.
Bill Rivenbark, Chair
Attest:
KYU Crowell, Clerk to the Board
Page 2 of 4
Exhibit A
Findings of Fact:
(In Accordance with Section 10.3.5 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. Site is currently served by CFPUA water and private septic facilities. If approved, upgrades
to the existing septic system will be required to accommodate the additional child care
use.
B. The subject property is located in the New Hanover County Southern Fire Service District.
C. Access to the site will be provided by a right -in right -out access driveway to Carolina Beach
Road.
D. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate no wetlands are present on the site.
E. The proposed use will generate an estimated additional 41AM/37PM peak hour trips.
F. The NC State DCDEE has reviewed the existing structure and recommended it as suitable
for childcare needs under the division's review standards pertaining to building size,
indoor and outdoor space arrangements, and health and safety hazards.
G. A Fire Services inspection has identified required upgrades to the interior of the facility
that will need to be complete prior to occupancy of the building for a child care center.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Unified Development Ordinance.
A. A Child Care Center is allowed by Special Use Permit in the R-15, Residential zoning
district.
B. The existing structure is in full compliance with the dimensional standards of Section 3.2.8
for R-15. Front and side street setbacks of 25' and 10, respectively, have been met by the
existing structure.
C. One parking space is required for every 10 children served by the facility. Existing parking
for the church exceeds the minimum required for the child care center.
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 is located within a religious assembly inclose proximity to
several existing residences.
B. The land use in the immediate vicinity of the subject site is mainly residential.
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 subject site currently has a religious assembly building.
B. The site is bounded by residentially zoned property.
C. No known cultural or archaeological resources are identified on site.
D. Land uses in the immediate vicinity of the subject site are residential.
E. The Comprehensive Plan classifies the property as Community Mixed Use and General
Residential. The intent of the Community Mixed Use place type focuses on small-scale
mixed -use development that serves all modes of traffic and includes uses such as
recreational and institutional. General Residential place type focuses on lower density
residential, and recreation and school facilities are encouraged. The proposed use would
provide an additional community level service to nearby residential areas at a site that
currently acts as a transition from the highway to adjacent low density residential uses.
Page 4 of 4
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER 7[OISSUE A SPECIAL USE PERMIT
Campground / Recreational Vehicle (RV) Park in an R-15,Realdemtial Zoning District
The County Commissioners for New Hanover County (the "County Commissioners"), having held
apublic hearing onOctober 2, 2O23toconsider application number S23-O4submitted 6vDouglas
Grant (the "Applicant") to place Campground / Recreational Vehicle (RV) Park at81O2,81O4,
and 81O6SidburyRoad identified as Parcel Identifications R02000-003-012-000. R02000-003-
005-000, and K02000-003-013-000 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 lO.3.5.Dofthe 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 ASA FACT that the following specific requirements set forth
in Section I0.3.5.1) (1-4)ofthe County Unified Development Ordinance WILL besatisfied if
the property is developed in accordance with the plans and findings submitted to the County
Commissioners.
(1) The use will not nnateha||v 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, orthat the use isapublic 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
conditions precedent to the issuance of special use permit HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a special use permit be GRANTED subject
tothe following condition:
A. 5O-footperimeter buffer shown onSpecial Use Permit concept plan.
B. Nocabins orpark model homes shall bepermitted onsite.
C. Maximum stay shall bethirty (3O) consecutive days.
D. NoRVstorage shall beallowed mnsite.
E. One RV or mobile home may be allowed to be used as an office and/or residence of
persons responsible for the operation and maintenance of the RV park.
F. All RV sites shall have individual connections to water, electric and the internal septic
system.
Ordered this 2nd day of October, 2023.
Bill Rivenbark, Chair
Attest:
Kymrowell, Clerk to the Board
Exhibit A
Findings of Fact:
(In Accordance with Section I0.3.5 of the New Hanover County Unified Development
Ordinance)
Conclusion 1:The Board must find that the use will not materially endanger the public health
orsafety where proposed and developed according to the plan as submitted and approved.
A. CFPUA water and sewer not currently available. Private well and septic system(s)
approved by New Hanover County Environmental Health and the state Department of
Environmental Quality /DE[Awill berequired.
B. New Hanover County has funded e project to extend sewer infrastructure through the
northern portion of the county ending at the future Hampstead bypass. Due to NCDOT
wetland mitigation land, the Seogreen Farms conservation land, and existing sewer
utilities from Pender County, future development east of the bypass is anticipated to be
served by private septic systems or through utilities provided by Pender County.
C. The subject property is located in the New Hanover County Southern Fire Service District.
D. Access to the site will be provided by a full access driveway to Sidbury Road.
E. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate nowetlands are present nnthe site.
F. The proposed use will generate an estimated 14 AM and 18 PM peak hour trips. The
estimated trip generation is less than the estimated trips generated if developed
Conclusion2: The Board must find that the use meets all required conditions and specifications
mfthe Unified Development Ordinance.
A. ACanmpgnmund and RV Parks is allowed by Special Use Permit in the R-15, Residential
zoning district.
B. Section 4.3.4.E.2.a requires RV parks to contain at least 25 spaces. The proposed project
contains GGspaces.
C. Section 43.4.E.2.0 requires each space to be a rnininnunn of 2,000 square feet. The
proposed site plan contains a mixture of 2,000 square foot and 3,000 square foot
minimum space sizes.
D. Section 4.3.4.E.2.e requires all RV spaces be setback a nninirnuno of4O feet from street
rights -of -way. The proposed site plan includes 50-foot setbacks from property lines.
E. Section 4.3.4.E.2.f requires all spaces be located on sites with elevations that are not
susceptible toflooding. The subject property is not within the Special Flood Hazard Area
and a jurisdictional determination finding no wetlands on site was made by the Army
Corps ofEngineers onFebruary l3,2O23.
Page 3 of 6
F. Section 4.3.4.E.2.grequires RVparks to have all weather roads directly abut each space
and all road rights -of -way shall be 20feet exempt that one-way roads may have a
minimum width ofI2feet, areas ofheavy traffic use shall be3Ofeet. The proposed site
plan provides the required right-of-way widths and road material shall be inspected prior
toissuance ofoCertificate o{Occupancy.
G. Section 4`3.4.E.2.h requires no space shall have direct vehicular access tn public road. No
spaces shown onthe site plan have direct access toapublic road.
H. Section 4.3.4.E.2j requires the park be developed with proper drainage ditches. New
Hanover County Engineering must review and approve a stormwater permit prior to any
building permit issuance oraddition ofimpervious surface tothe site.
|. Section 4.3.4.E.2' requires cu|s-de'sac or dead-end roads shall not exceed 1,000feet in
length measured from the entrance to the center of the turnaround. No cu|s-de-sac or
dead-end roads are included inthe site plan.
J. Section 4.3.4.E.2.k requires that if two access points are provided on a public road, they
must be a minimum of 300 feet apart. The proposed site plan provides one access point
toapublic road.
K. Section 4.3.4.E.2] requires RV parks have a central structure that will provide separate
toilet facilities for both sexes. The proposed site plan contains aclubhouse with bathroom
and shower facilities.
L. Section 4.3.4.E.2.rn requires no swimming pool or bathing area shall be installed, altered,
improved, orused without compliance with applicable Health Department regulations.
No bathing area shall beused without the approval ofthe New Hanover County Health
Department. The proposed site plan includes o swimming pool and bathing area which
shall be permitted and inspected by the New Hanover County Environmental Health
division ofthe Health Department.
M. Section 4.3.4.E.2.n requires adequate and appropriate directional signage internal to the
RV park site with indirect non -flashing lighting allowed for sign illumination. Signage
location and lighting required at commercial she plan review. Proposed signage and
lighting must be approved by the Technical Review Committee before issuance of any
building permits for the site.
N. Section 4.3.4.E.2.o requires sanitary facilities be adequately lit, maintained, and conform
with New Hanover County Health Department requirements. Proposed site plan includes
location of sanitary facilities. Certificate of Occupancy shall not be issued without
approval of the sanitary facilities by the Environmental Health division of the Health
Department.
0. Section 4.3.4.E.2.p requires the water supply be safe, adequate, conveniently located,and
compliant with New Hanover County Health Department requirements. Certificate of
Occupancy shall not be issued without approval of the state Department of
Environmental Quality Drinking Water division due to the estimated number of
connections tothe well water system.
Page 4 of 6
P. Section 4.3.4.E.3.q requires sewage disposal systems comply with Health Department
requirements, that the park provide at least one sewage dumping station. Sewage
disposal shall be reviewed, permitted, and approved by the Environmental Health division
ofthe Health Department.
Q. Section 4.3.4.E.2.r requires a minimum ofO.25 acres of open space for every 50 spaces.
The site plan proposes a minimum of 0.40 acres of open space, approximately 0.15 acres
above the minimum required open space.
R. Section 4.3.4.E.2.s requires fire hydrants connected to a central water system be
approved bythe Fire Marshal. Water will beprovided tothe project byprivatevveUs.Fire
Marshal shall review and approve site plan through the Technical Review Committee.
S. Section 4.3.4.E.2.tthe park owner shall be responsible for refuse collection.
T. Section 4.3.4.E.2.0 states one mobile home may be allowed in a parkas an office and /ur
residence for persons responsible for operation and maintenance of the park. No mobile
homes are proposed aspart ofthe request.
U. Section 4.3.4.E.2.v requires the operator to keep an accurate register containing a record
of all occupants of the park and the record shall be available at all times for inspection by
|avv enforcement officials, public health officials, and other officials whose duties
necessitate acquisition Vfthe information contained inthe register.
Conclusion 3: The Board must find that the use will not substantially injure the value of
adjoining mvabutting property or that the use is a public necessity.
A. The proposed RV park is on a vacant property approximately 350 feet from Sidbury Road.
B. Land uses in the immediate vicinity of the subject site are residential, an equestrian
facility, and state conservation and mitigation land.
C. A 50-foot-wide buffer of existing trees retained on -site provides a visual and spatial buffer
from adjacent properties.
D. No contradictory evidence has been submitted that this project will substantially injure
the value ofadjoining nrabutting properties.
Conclusion 4:The Board must find that the location and character of the use if developed
according &othe plan musubmitted and approved will be in harmony with the area inwhich it
is to be located and in general conformity with the Comprehensive Land Use Plan for New
Hanover County.
A. The subject site currently undeveloped.
B. Noknown cultural orarchaeological resources are identified onsite.
C. The site is bounded by residentially zoned property to the north, south, east, and west.
D. Land uses in the immediate vicinity of the subject site are residential, an equestrian
facility, and state conservation and mitigation land.
Page 5 of 6
E. The proposed use will generate an estimated 14 AM and 10 PM peak hour trips. The
estimated trip generation is less than the estimated trips generated if developed
residentially.
F. The 2016 Comprehensive Plan does not provide specific policy direction for the proposed
use. While one ofthe goals ofthe plan istosupport business success and promote place -
based economic development the Community Mixed Use place type also states that
typically large-scale, lower density commercial developments are incompatible with the
place type which focuses on small-scale, compact, mixed use development patterns that
serve all modes nftravel.
Page 6 of 6