S24-01 BOC Script - SUP
SCRIPT for SPECIAL USE PERMIT Application (S24-01)
Request by Samuel Potter with Equitas Law Partners, LLC, applicant, on behalf of Hoosier Daddy, LLC,
property owner, for an Additional Dwelling Allowance to increase the allowed density up to 10.2 dwelling
units per acre for 24 parcels totaling approximately 16.78 acres of land currently zoned R-15, Residential
located at 535, 539, 543, and 547 Manassas Drive and unaddressed parcels on the 5900 block of Shiloh
Drive.
1. This is a quasi-judicial hearing. Before the hearing is opened, the Deputy County Attorney will
provide an overview of the hearing procedures.
2. Deputy County Attorney Overview
3. Because the Special Use Permit process requires a quasi-judicial hearing, any person wishing to
testify must be sworn in. All persons who signed in to speak and wish to present competent and
material testimony please step forward to be sworn in. Thank you.
4. We will first hear a presentation from staff. Then the applicant and any opponents will each be
allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal.
5. Conduct hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
6. Close the hearing
7. Board discussion
8. Ask Applicant whether he/she agrees with staff findings.
9. Vote on the Special Use Permit application.
Example Motion for Approval:
Motion to approve the permit as the Board finds that this application for a Special Use
Permit meets the four required conclusions based on the findings of fact included in the
Staff Report and additional evidence presented at the public hearing.
Approval is subject to the applicant signing an agreement acknowledging the
applicant’s consent to all of the following conditions agreed to by the applicant
(please read conditions into the record):
1. Attached residential dwellings on the east side of Shiloh Drive shall be sited perpendicular to
neighboring single-family residential lots.
2. Any portion of the proposed development that utilizes any portion of the existing stormwater
management system for Tarin Woods Subdivision that is not accepted into the Tarin Woods
property owners association must enter into a stormwater maintenance agreement with the
Tarin Woods property owners association.
3. The northern terminus of the Shiloh Drive extension shall be paved to the property line of the
adjacent commercially zoned property as shown on the concept plan. A public access
easement shall be provided at the property line to allow interconnectivity between the
parcels.
OPTIONAL (if additional conditions have been identified that will bring the proposal in
line with the required conclusions.)
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Example Motion for Denial:
Motion to deny the permit because the Board finds (choose all that apply):
a. That the use WILL materially endanger the public health or safety if located where
proposed (for the following reason(s)):
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b. That the use DOES NOT meet all required condition and specifications (for the
following reason(s)):
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c. That the use WILL substantially injure the value of adjoining or abutting property,
or that the use is NOT a public necessity (for the following reason(s)):
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d. That the location and character of the use if developed according to the plan as
submitted and approved WILL NOT be in harmony with the area in which it is to
be located and WILL NOT be in general conformity with the Comprehensive Land
Use Plan for New Hanover County (for the following reason(s)):
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