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HomeMy WebLinkAboutS24-04 & 05 Staff SummaryS24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 1 of 21 STAFF SUMMARY FOR S24-04 & S24-05 SPECIAL USE PERMIT APPLICATIONS APPLICATION SUMMARY Case Numbers: S24-04 and S24-05 Requests: S24-04 – Multi-Family in a B-2 District S24-05 – R-15 Additional Dwelling Allowance Applicant: Property Owner(s): Bayshore Townhomes, LLC Bee Safe Porters Neck, LLC and Herbert Parham Location: Acreage: 8138 Market Street and the 8100 block of Market Street 3.21 acres zoned B-2 30.22 acres zoned R-15 33.43 total combined acres PID(s): Comp Plan Place Type: R03600-005-006-002, R03600-005-007-000, R03700-004-147-000, R03700-004-148-000, R03700-004-189-000 Urban Mixed Use and General Residential Existing Land Use: Proposed Land Uses: Vacant Office, Undeveloped Commercial Land, and Forestry Maximum 1,800 square feet of Commercial Maximum 62 Multi-Family Dwelling Units Maximum 242 Row-Style Dwelling Units Current Zoning: B-2, Regional Business and R-15, Residential S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 2 of 21 SURROUNDING AREA LAND USE ZONING North Self-Storage, the Harris Teeter Shopping Center, and Porters Pointe Subdivision Open Space B-1, B-2, and R-15 East Single-Family Residential R-15 South Single-Family Residential R-15 West Offices and Light Industrial directly adjacent. Porters Neck Shopping Center (Walmart) and Medical Offices across Market Street I-1 and B-2 ZONING HISTORY June 6, 1971 Initially zoned R-15 (Area 5). December 2, 1985 B-2 portion rezoned for compatibility with an auto parts store in operation at the time (Z-249). January 8, 2024 - Withdrawn In December 2023 and January 2024, the Board of Commissioners held public hearings for rezoning request Z23-21 to rezone 33.54 acres located at 8138 Market Street from B-2 and R-15 to (CZD) RMF-M, Residential Multi-Family – Moderate Density for 348 row-style dwellings. Following board discussion, the applicants withdrew their rezoning request at the January 8, 2024, meeting. Since no action was taken by the board, the existing B-2 and R-15 zoning remained in place. Both districts allow a variety of uses by-right or with approval of a special use permit without the need to change zoning districts. S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 3 of 21 COMMUNITY SERVICES Water/Sewer Public water available through CFPUA. Public sewer available through connection to an existing force main. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Porters Neck Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Pages Creek Park Reserve and Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates a natural pond in the easternmost corner of the project area. The pond is below the size required to trigger additional requirements listed in Section 5.7 Conservation Resources. Historic No known historic resources Archaeological No known archaeological resources APPLICANT’S PROPOSED PLANS Combined Site Plans with Staff Markup Multi-Family in B-2 N Additional Dwelling Allowance S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 4 of 21 • After withdrawing their rezoning request the applicants revised their previous plan. They have submitted two Special Use Permit applications for different development types allowed under the current zoning designations of the parcels: o The section outlined in Red (left) on the combined plans above is currently zoned B-2. The B-2 district allows residential dwelling units as part of a mixed-used development with approval of a special use permit. o The section outlined in Blue (right) is currently zoned R-15. The R-15 district allows increases to the base density of the district up to 10.2 dwelling units per acre for Additional Dwelling Allowances with approval of a special use permit. • The ordinance requirements for each type of special use permit are different, which requires the two separate special use permit applications. The applicant has proposed conditions that neither project could be developed without approval of both special use permits. • Due to the relationship between the two projects, staff have included both within one staff report. Separate supplemental appendices containing the draft Findings of Fact for each case will be provided to the Board of Commissioners ahead of their February 3 meeting. • Combined, the projects include a total of 1,800 square feet of commercial space and 304 dwelling units consisting of 62 multi-family units and 242 row-style dwellings. • Below is a chart outlining the proposed density of each special use permit and the overall density of the combined project: Project Acres Unit Count Density Multi-Family in a B-2 District 3.21 62 19.3 Additional Dwelling Allowance 30.22 242 8.37 Combined 33.43 304 9.5 S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 5 of 21 S24-04 – Multi-Family in a B-2 District Special Use Permit Multi-Family in a B-2 District Site Plan with Staff Markup • For the B-2 portion of the project the applicant is requesting a special use permit for the use of Mult-Family Dwellings in a B-2 District on 3.21 acres. • Section 4.3.2.A.2.B.1 of the Unified Development Ordinance (UDO) states multi-family dwellings in the B-2 district must be part of a mixed-use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. • The applicant’s site plan includes 62 multi-family units and 1,800 square feet of commercial space. The building fronting Market Street is proposed as a mixed-use building with commercial space facing Market Street and multi-family dwellings above. The second building is proposed as multi-family units. • The density of the B-2 portion of the project is 19.3 dwelling units per acre. The UDO does not set a prescribed or maximum residential density for mixed-use developments. • The applicant’s project narrative caps the total unit count at 62 but would allow the site to be reconfigured with three buildings instead of two. If approved as part of the special use permit, that change would be allowed administratively by staff. • Multi-family developments in the B-2 district are required to include a mixed-use component that is limited to only uses permitted in the B-1 district. While the TIA analyzed the project as a retail use, other land uses in the B-1 district would be allowed. • Parking is provided throughout the site and is proposed as shared parking between the multi-family dwellings and commercial use. The concept plan also includes the proposed location of exterior light poles. N Multi-Family Multi-Family Access to R-15 Commercial Specimen Trees S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 6 of 21 • Sidewalks are provided around the perimeter of both buildings shown on the plan with a sidewalk along the road to access the proposed row-style dwellings on the R-15 portion of the project. • Most of the B-2 project area is within the Special Highway Overlay District (SHOD), which includes a 100-foot setback from the right-of-way and 25-foot side setbacks. Section 4.3.2.A.2.b.8 requires requests for dwellings in the B-2 district provide conceptual elevations showing the proposed architectural style of the buildings which are included below: Mixed-Use Retail and Multi-Family Elevation S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 7 of 21 Multi-Family Elevation S24-05 – R-15 Additional Dwelling Allowance Special Use Permit Additional Dwelling Allowance Site Plan with Staff Markup N Access to B-2 Gated Emergency Only Access to Brays Drive Natural Pond Amenity Center Stormwater and Open Space Stormwater and Open Space S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 8 of 21 • For the R-15 portion of the project the applicant is requesting a special use permit for an Additional Dwelling Allowance to increase the allowed residential density from 2.5 dwelling units per acre to 8.37 dwelling units per acre for 242 row-style dwelling units on 30.22 acres. • The site plan includes an amenity center and rows of residential units arranged in blocks in the center of the site. The end unit of each row of homes is proposed as two stories with a driveway and no garage. The middle units are three stories with a garage on the ground floor. • The R-15 district establishes a maximum building height of 40 feet but does not restrict the number of stories allowed. The applicant has included a condition restricting the homes to a maximum of three stories, not to exceed 40 feet tall. • The rows of units closest to single-family homes are placed near the existing common areas of the Porters Pointe Subdivision. • The ordinance requires a minimum 35-foot setback around the perimeter of the site. The applicant has included a condition that retains a minimum 35-foot landscape buffer of existing vegetation around the site as a visual buffer. • A road stub is provided to Brays Drive that will be gated for emergency access only. A condition has been included guaranteeing a bicycle and pedestrian connection to Brays Drive. • Additional Dwelling Allowances require a minimum 35% open space and maximum impervious surface limit of 40% of the project acreage. The applicant’s site plan meets those minimum and maximum criteria. • The applicant has included a condition to provide an overland relief path, such as a drainage ditch or swale within a public drainage easement from the natural pond to the stormwater outfall. While not required for Additional Dwelling Allowances, the applicants have included a conceptual elevation of the proposed attached row-style units. S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 9 of 21 ZONING CONSIDERATIONS • Multi-Family Dwellings are permitted in the B-2 district with approval of a Special Use Permit and are subject to the requirements in Section 4.3.2.A.2 of the UDO. These standards generally address requirements for mixed-use development, pedestrian infrastructure, use restrictions, shared parking, common areas, and a requirement for building elevations. • Additional Dwelling Allowances are permitted in the R-15 district with approval of a Special Use Permit and are subject to the requirements in Section 3.1.3.E of the UDO. These standards generally address density, open space, utility and stormwater improvements, proximity to higher density place types listed in the Comprehensive Land Use Plan, access, and impervious surface limitations. • As proposed, the Multi-Family in the B-2 portion meets the specifications of Section 4.3.2.A.2 and the Additional Dwelling Allowance for the R-15 portion meets the specifications of Section 3.1.3.E. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 10 of 21 AREA DEVELOPMENT S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 11 of 21 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 75 single-family dwelling units and approximately 22,500 square feet of retail. PROPOSED ACCESS Primary Access Right-in, Right-out access onto Market Street Secondary Access Gated emergency access only onto Brays Drive EXISTING ROADWAY CHARACTERISTICS Affected Roadway Market Street Type of Roadway Principal Arterial Roadway Planning Capacity (AADT) 41,369 S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 12 of 21 Latest Traffic Volume (AADT) - 2023 43,000 Latest WMPO Point-in-Time County (DT) 33,524 Current Level of Congestion Above Capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: 2023 Source of WMPO Point-in-Time Count: October 2024 NEARBY NCDOT STIP ROADWAY PROJECTS U-4902D – Market Street Improvements (Per NCDOT the Market Street improvements are approximately 77% complete with an estimated completion date of Fall 2025) - Access management improvements from N. College Road to Station Road and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive intersection. - Installation of a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10-foot-wide multi-use path on the eastern side of the street and a 5-foot wide sidewalk on the western side of the street. - With the widening of Market Street there will be a signalized U-turn with a bulb-out just south of the proposed entrance. TRAFFIC GENERATION Traffic Generation by Present Designation (R-15, 75 du) Traffic Generated by Present Designation (B-2, 22,500 sq ft retail) Traffic Generated by Combined Projects Potential Impact of Proposed Combined Projects AM Peak Hour Trips 53 53 124 +71 PM Peak Hour Trips 71 148 174 -45 Assumptions Typical Development with Existing Zoning – 22,500 square feet of retail and 75 single family dwelling units. Proposed Development – 1,800 square feet of commercial and 304 dwelling units. Sources Source of Trip Generation: ITE Trip Generation Manual, 11th ed TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is above the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). A TIA was previously approved in 2023 for a more intensive development on the site. The applicant’s traffic engineers provided a technical memorandum to the TIA with an updated set of land uses. A team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to develop the scope for the TIA, including S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 13 of 21 the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off-site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date January 31, 2023 Revised approval December 4, 2024 Development Proposal Analyzed 1,800 square feet of strip retail and 304 multi-family dwelling units. Study Intersections - Market Street and Site Access - Market Street and Cypress Pond Way - Market Street and Hays Lane - Market Street and Porters Neck Road - Porters Neck Road and Brays Drive Trip Generation - 124 AM peak hour trips - 174 PM peak hour trips - 2,330 average daily trips Traffic Data Collection - September 13, 2022 – Market Street at Hays Lane / Commercial Driveway - September 13, 2022 – Market Street at Cypress Pond Way - September 13, 2022 – Market Street at Porters Neck Road - September 13, 2022 – Porters Neck Road at Brays Drive Trip Distribution and Assignment - 60% to and from the south on Market Street - 40% to and from the north on Market Street S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 14 of 21 Approved Developments & Background Growth - Marsh Oaks Commercial - Primrose School of Mayfaire - Full Build – 2027 - Growth Rate – 1% per year Required Improvements Market Street and Site Access - Construct a continuous northbound thru-right turn lane on Market Street from the ABC store driveway continuing up to the thru-right lane at the intersection of Market Street and Porters Neck Road. - Construct site access (westbound approach) with one ingress lane and one egress lane, and an internal protected stem of 150 feet, measured from the right- of-way line. - Provide stop control for westbound approach. Market Street and Cypress Pond Way - Install a traffic signal and provide necessary coordination. Market Street and Hays Lane - No improvements required. Market Street and Porters Neck Road - No improvements required. Porters Neck Road and Brays Drive - No improvements required. SUMMARY The project is located along a principal arterial highway that is currently over capacity; however, the Military Cutoff Extension opened in 2024 and is anticipated to reduce traffic congestion in the Porters Neck area. The applicant’s revised TIA includes several roadway improvements including a new right-turn lane on Market Street on a northbound approach to the site and a new traffic signal at Cypress Pond Way. The approved TIA analyzed both full access and gated access onto Brays Drive. The applicants are proposing gated emergency access only onto Brays Drive. S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 15 of 21 ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Pages Creek watershed. • The conservation resource map indicates a natural pond in the easternmost corner of the project area. The pond is below the size required to trigger additional requirements listed in Section 5.7 Conservation Resources. • New Hanover County Engineering has identified historic flooding concerns for areas adjacent to the pond including the end of Lantana Lane. The applicant has included a condition to provide an overland relief path, such as a drainage ditch or swale within a public drainage easement from the natural pond to the stormwater outfall. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (Moderate), Class III (Severe) and Class IV (Unsuitable) soils; however, the project will be served by CFPUA public water and sewer. OTHER CONSIDERATIONS Schools PUBLIC SCHOOL ENROLLMENT ZONES Elementary School Porters Neck Elementary 2024-2025 Capacity 114% Middle School Holly Shelter Middle 2024-2025 Capacity 81% High School Laney High 2024-2025 Capacity 117% STUDENT GENERATION RATES (SGRs) Overall SGR (24-25) 0.19 public school students per residential unit Elementary School SGR (24-25) 0.08 public school students per residential unit Middle School SGR (24-25) 0.04 public school students per residential unit High School SGR (24-25) 0.07 public school students per residential unit Local Elementary SGR (24-25) 0.09 - Higher than the County-Wide Generation Rate SGR Trend (20-21 to 24-25) Decrease of 0.05 public school students per residential unit S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 16 of 21 POTENTIAL PROJECT STUDENT IMPACT Intensity of Current Zoning: Typical Development under current zoning would allow a maximum of 75 residential units. Proposed Development: 304 residential units Students Generated by Current Zoning Students Generated by Proposed Zoning Potential Impact of Proposed Project Elementary School 6 24 +18 Middle School 3 12 +9 High School 5 21 +16 TOTAL 14 57 +43 Sources 2024-2025 NHC Student Yield Analysis SUMMARY The proposed project is expected to be completed within five years. Although the public elementary and high schools serving the area are currently over capacity, the development is projected to have minimal impact on school enrollment due to its low student generation rate. Other approved residential developments in the area have either been factored into the student yield analysis or are age-restricted, further limiting additional impact on local schools S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 17 of 21 Context and Compatibility • The projects are located in one of the county’s more densely developed corridors and partially within the Porters Neck growth node as identified in the Comprehensive Plan. • The property can only be accessed along Market Street via a right-in/right-out driveway. The Brays Drive connection is proposed for emergency access only. • While the eastern part of the property was zoned for lower density residential development in the early 1970s, both public water and sewer services are now available, which makes this area less likely to be developed for low-density residential. • The site plan places a mixed-use structure closer to Market Street, a largely commercial corridor. This serves as a transition from that corridor to the higher density multi-family building and lower density row-style homes. • Required setbacks and transitional buffers provide additional mitigation for aesthetic effects along the property boundaries. Multi-family residential developments require transitional buffers where the site abuts single-family residential, consisting of vegetation, berms, or fences with vegetation. • The site plan does take into consideration the preservation of large live oak trees on the site, most of which are considered specimen trees. The site plan also does not place development close to the existing pond on site. 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type General Residential and Urban Mixed Use Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 18 of 21 Place Type Description General Residential: Focuses on 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. Urban Mixed Use: Promotes development of a 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. Analysis The proposed special use permits are located along the Market Street corridor in the Porters Neck area, which is identified as a high growth node in the Comprehensive Plan. Generally, the Comprehensive Plan designates areas along major roadways for higher densities of residential and commercial development. The Urban Mixed Use place type is closer to Market Street, transitioning to General Residential as the property moved away from the higher intensity road corridor. Place type borders are not fixed; however, the intent is for that transitional development pattern between different levels of intensity. In the past, where projects were in more than one place type, densities that are in the range between those two place types have been seen as consistent as long as the development tries to transition or buffer into lower density areas. The Comprehensive Plan classifies the B-2 portion of the site as Urban Mixed Use which promotes multi-family, mixed-use, and higher density single- family development to provide a range of housing types, opportunities and choices. The Urban Mixed Use place type does not recommend a maximum density. R-15 portion of the site is classified as the General Residential place type which focuses on lower-density housing and associated civic and commercial services with a maximum recommended density of 8 dwelling units per acre. The requirements for an Additional Dwelling Allowance require a project to be totally or primarily in, contiguous to, or within 250 feet of, the boundary of areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place types in the Comprehensive Plan. Additional conditions have been proposed including a requirement that neither project can be completed unless both special use permits are approved, common ownership, buffers, drainage, pedestrian access to Brays Drive, a gated emergency vehicle only access to Brays Drive, tree retention, and building height. S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 19 of 21 Proposed Conditions Applicant Proposed Conditions: (additional conditions may be added that will bring the proposal in line with the required conclusions) Multi-Family Dwellings in B-2 Conditions: 1. Any Special Use Permit (“SUP”) pertaining to the subject site (area zoned B-2) shall not be effective without the approval of the separate SUP pertaining to the portion of the overall project currently zoned R-15. 2. Any property currently zoned I-1 is not part of the SUP requests, but the SUP pertaining to the subject site shall not be valid without use of the land zoned I-1 for vehicular, pedestrian, and utility / infrastructure connectivity to the portion of the overall site zoned R-15. 3. The property comprising of the overall project will be combined under common ownership, and the project thereafter will be master planned and developed as such pursuant to the provisions of the subject SUPs. The combined property shall be subjected to the provisions of covenants and restrictions consistent with the conditions imposed by either SUP within the land’s respective zoning. 4. Prior to construction, plans for the project shall clearly identify all access, utility, and stormwater easements between the subject site and through those portions of the property currently zoned I-1 and R-15. 5. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. 6. Buildings will be a maximum of three stories and a maximum of 50 feet in height in the B- 2 parcels. Additional Dwelling Allowance in R-15 Conditions: 1. Any Special Use Permit (“SUP”) pertaining to the subject site (area zoned R-15) shall not be effective without the approval of the separate SUP pertaining to the portion of the overall project currently zoned B-2. 2. Any property currently zoned I-1 is not part of the SUP requests, but the SUP pertaining to the subject site shall not be valid without the use of the land zoned I-1 for vehicular, pedestrian, and utility / infrastructure connectivity to the portion of the overall project currently zoned B-2. 3. The property comprising of the overall project will be combined under common ownership, and the project thereafter will be master planned and developed as such pursuant to the provisions of the subject SUPs. The combined property shall be subjected to the provisions of covenants and restrictions consistent with the conditions imposed by either SUP within the land’s respective zoning. 4. Prior to construction, plans for the project shall clearly identify all access, utility, and stormwater easements between the subject site and through those portions of the property currently zoned I-1 and B-2. S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 20 of 21 5. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. 6. Buildings will be a maximum of three stories and will not exceed 40 feet in height. 7. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only. 8. Buffers between the project and adjacent residential neighborhoods shall exceed minimum requirements. Buffers vary in width. 9. Bicycle and pedestrian infrastructure shall be installed up to the property line where the project road connects to Brays Drive. 10. An overland relief path (swale) within a public drainage easement will be provided from the existing pond to the proposed outfall. Coordination with New Hanover County Engineering will be conducted during the stormwater permitting process for the project i n order to determine the specific design of the relief path and easement. S24-04 and S24-05 Staff Summary – Planning Board 1.9.2025 Page 21 of 21 PRELIMINARY FORUM The Planning Board does not make a decision or recommendation on special use permits. The board is requested to hear the presentation of staff, the applicant, and the public to facilitate an open and transparent discussion of the special use permit application. Questions and comments related to the following topics are encouraged: • Components of the proposal that are not clear or where additional information is needed to understand the project, • Advice to the applicant on the presentation they will be giving to the Board of Commissioners, • Advice to the parties speaking in opposition on what they may want to consider when preparing for the Board of Commissioners meeting, and • Advice to both parties on potential issues that should be addressed before the public hearing. Following the Preliminary Forum the special use permits will be scheduled for the February 3 Board of Commissioners meeting for a quasi-judicial hearing. There are four principal conclusions the Board of Commissioners must make when considering a special use permit request based on clear, substantial evidence presented at the hearing. Each special use permit is a distinct request and will require a separate motion from the board: • Conclusion 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. • Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. • Conclusion 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. • Conclusion 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.