HomeMy WebLinkAboutMailed Notice - Planning Board - 5-1-2025
NOTICE OF PRELIMINARY FORUM
NEW HANOVER COUNTY PLANNING BOARD
May 1 , 20 2 5
Item 7: Special Use Permit Request – (S25-02 – Tarin Woods Additional Dwelling Allowance) – Request by Samuel
Potter with Equitas Law Partners, LLP, applicant, on behalf of Hoosier Daddy, LLC, property owner, for a special
use permit for an Additional Dwelling Allowance for additional density up to 10.2 dwelling units per acre in a R-
15, Residential district on approximately 43.50 acres located at 5741 Carolina Beach Road.
This request will be presented to the New Hanover County Planning Board at a preliminary forum on Thursday,
May 1, 2025 beginning at 6:00 p.m. or thereafter at the New Hanover County Historic Courthouse, located at 24
North Third Street, Room 301 (corner of Third and Princess Street) in Wilmington, NC.
This type of request has different procedures and rules than other public hearings regarding who is able to
participate and the type of information that can be presented for consideration. Preliminary forums are held prior
to the hearing where the Board of Commissioners will make the final decision to approve or deny the request.
The Planning Board forum provides an opportunity for any interested parties to hear about the proposal and learn
more about what the Board of Commissioners will consider when making a decision.
Since this notice is sent only to property owners within 500 feet of the parcel boundary of the proposed project,
please discuss it with other residents who may be interested. Anyone wishing to provide comments or ask
questions about this item are encouraged to attend the public hearing or arrange to be represented. Comments
and questions may also be submitted in advance of the forum at https://www.nhcgov.com/1105/Public-
Comment-Form. Any comments submitted by 8 am on Thursday, May 1, 2025 will be provided to the board.
At the forum, staff will provide an overview of the process and procedures for quasi-judicial hearings. After a
short presentation by the applicant, typically, a total of 20 minutes will be allocated for all of those wishing to
provide information or ask questions. Afterwards the Planning Board will provide feedback and ask questions to
help all parties prepare for the quasi-judicial hearing.
For additional information on this application and other development proposals in the unincorporated county,
please visit our Development Activity Page at: www.plannhc.com. Once finalized, the complete agenda for this
Planning Board meeting will be available, at: https://www.nhcgov.com/991/Planning-Board.
If you have any questions, please contact Robert Farrell in the New Hanover County Department of Planning &
Land Use at rfarrell@nhcgov.com or (910) 798-7164.
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Information about Special Use Permit Preliminary Forums & Public Hearings
You may be an interested party involving a special use permit application. New Hanover County’s
procedure for consideration of special use permits is a two-part public process. First, the New
Hanover County Planning Board will hold a preliminary forum regarding the application. Next,
the New Hanover County Board of Commissioners will hold a quasi-judicial public hearing. The
purpose of this letter is to inform you of the procedures followed by the Planning Board and
Board of Commissioners in their reviews of the application. You can review the application
documents on the Planning and Land Use Department’s Development Activity webpage at
https://planning.nhcgov.com/development-activity/. If you have any questions, please contact
the case planner for this item.
I. General Information
Special use permits add flexibility to the County’s Unified Development Ordinance. Subject to
high standards of planning and design, certain property uses may be allowed in zoning districts
where these uses would not otherwise be acceptable. These uses, called special uses, are
reviewed on a case-by-case basis to determine if they are suitable for a particular property if
specified conditions are met.
II. Planning Board Preliminary Forum
The first step in the public process for special use permit applications is a preliminary forum held
by the Planning Board, which allows comments and questions from the general public regarding
special use permit applications.
A. Public Comment Regarding the Application
Any person wishing to speak in support or in opposition to an application may appear at
the forum and sign in on the sign-up sheet in the lobby for their opportunity to address
the Board. Each person who speaks at a preliminary forum should be prepar ed to identify
themselves, state their home or business address, and if appearing on behalf of a person
or organization, state the name and mailing address of the person or organization they
represent. Speakers should avoid asking questions or stating comments that are
irrelevant, immaterial, or unduly repetitious.
B. Preliminary Forum Procedures
The procedural organization of the preliminary forum can be summarized by the following
steps:
1. The Chairperson provides an overview of the preliminary forum process.
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2. The case planner introduces the application and provides a brief summary of the
request.
3. The applicant will present the case to the Board. The presentation is limited to a
total of 15 minutes for all speakers in favor of the proposal.
4. The Planning Board will allow up to 20 minutes total for comments and questions
on the proposal from supporters and opponents, after which the applicant will
have an opportunity to respond to questions and address comments.
5. The Planning Board will provide comments and ask questions of the applicant.
6. Once the applicant has responded to all comments and questions from the Board
and public, the case planner will give an overview of next steps in the special use
permit process.
7. The Chairperson closes the preliminary forum.
C. No Planning Board Decision or Recommendation on the Application
Pursuant to North Carolina State Law , the Planning Board does not decide or make a
recommendation at the Preliminary Forum.
III. Board of Commissioners Quasi-judicial Public Hearing
The second and final step in the public process for special use permit applications is the Board of
Commissioners’ quasi-judicial public hearing, which simply put means it is formatted similar to a
court case in that all parties are guaranteed rights of due process and are entitled to a fair hearing
with unbiased decision makers. As such, North Carolina state law mandates that quasi-judicial
decisions must be based on substantial, competent, and material evidence presented by experts
and witnesses under oath at the hearing.
A. Required Findings
The Unified Development Ordinance establishes four criteria, or conclusions, that must
be met by each special use permit. All conclusions must be supported by substantial
evidence. It is the applicant’s responsibility to develop and present this evidence to the
Board, as well as the applicant’s burden to convince the Board that the conclusions are
met. To grant approval of the application, the County Commissioners must determine
that it meets the following conclusions:
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 harmony with area in which it is to be located and
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in general conformity with the Comprehensive Land Use Plan for New Hanover
County.
If the applicant fails to demonstrate that even one of the four conclusions can be met, the
special use permit application shall be denied.
B. Pre-Hearing Procedures & Submission of Evidence
To ensure that decision makers remain unbiased, interested parties are prohibited to
communicate with County Commissioners prior to the official public hearing. Anyone
wishing to submit documentation for the Board’s review prior to the hearing should
consult solely with the Planning & Land Use Department. When received no later than
three weeks prior to the hearing date, the case planner will include the documentation in
the agenda packet. Items received within three weeks of the hearing date will either be
copied and forwarded to the applicant, persons who have requested the information, all
interested parties, and the Board of Commissioners or will be provided to the Board of
Commissioners at the hearing and will be placed into the official case file; however, you
should be aware that the Board may not have adequate time to review and consider
last minute submissions during the hearing. Objections to inclusion or exclusion of
evidence may be made before or during the hearing, and rulings on unresolved objections
shall be made by the Board at the hearing.
C. Testimony & Standing
Unlike during the Planning Board’s Preliminary Forum, the Board of Commissioners may not
rely upon unsworn testimony with respect to crucial findings of fact at the quasi-judicial
hearing. Crucial findings of fact must be based on competent evidence presented under
oath, and not on hearsay evidence alone. As such, North Carolina law limits public
involvement in quasi-judicial hearings to two levels of participation: (1) parties with legal
standing in the case and (2) individuals providing competent, relevant, and substantial
evidence on the matter.
Parties with legal standing in a case are those that would suffer special damages from
the outcome of the matter, including but not limited to economic damages such as a
decrease in property value. A party with standing may cross-examine witnesses, object to
evidence, offer rebuttal, or appeal or intervene in an appeal of the Board’s decision. The
Board may, but is not required to, allow persons without legal standing to participate in the
hearing as a witness. If so, only testimony which is competent, relevant, and material is
allowed to be considered.
While the County cannot advise interested parties as to how best to present their cases
for or against an application, the testimony of an expert will be needed if a case involves
certain complex technical or scientific issues. Examples of such issues, and the experts
which frequently provide testimony, are as follows: property valuation – appraiser; traffic
– traffic engineer or transportation planner; drainage – professional engineer, landscape
architect or surveyor; water quality – environmental scientist or hydrologist. This list is
not intended to be exhaustive, but to give examples of when expert testimony is typical.
Expert testimony is not required in every case. For instance, statistical information may
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suffice in connection with arguments regarding crime, accidents, growth or general
market conditions. Lay persons may also credibly testify to evidence they have personally
witnessed. However, in order for the more technical and scientific issues above to be
addressed in a way that would withstand a court challenge, expert testimony is often
necessary.
Any witness may be cross-examined by the Board, applicant, or another party with
standing in the case. As mentioned below in Section D: Public Hearing Procedures, both
the applicant and any objectors are entitled to a rebuttal period to respond to questions
regarding any testimony given.
If you have any questions regarding this item, please contact the case planner.
D. Public Hearing Procedures
The procedural organization of the public hearing can be summarized by the following
steps:
1. The applicant (and members of the applicant’s team), Staff, interested parties, and
all witnesses are sworn in; the Clerk records the name of each witness
immediately prior to swearing in the group;
2. Applicant’s witnesses testify. The presentation is limited to a total of 15 minutes
for all speakers in favor of the proposal. Each witness is subject to cross
examination by the Board at the conclusion of his or her testimony;
3. At the conclusion of the applicant’s case, objectors testify and present their case,
subject to the same 15-minute total time limit for all speakers. Again, each witness
is subject to cross examination;
4. The Chairperson then allows time (usually 5 minutes total for each side) for any
rebuttals;
5. Exhibits and documents are accepted into evidence, with the Chairperson ruling
on any objections to evidence;
6. At the conclusion of all testimony and rebuttals, the Chairperson closes the public
hearing and Board members proceed to discuss the case and establish findings of
fact for each of the four conclusions; and,
7. Based on these findings, a Board member should offer a motion to grant or deny
the special use permit. A majority vote is required for approval.
IV. Technical Review Committee and/or Zoning Compliance Reviews
If the Board of Commissioners approve a special use permit application, the applicant would then
be required to obtain Technical Review Committee and Zoning Compliance approvals prior to
establishing the approved use. Through these reviews, the applicant wou ld be required to
demonstrate compliance with all existing County ordinance requirements, which include but are
not limited to, stormwater detention, erosion and sedimentation control, tree retention,
landscaping and buffering, lighting, signage, and other zoning and subdivision standards. The
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application must also be approved by outside agencies, including the Cape Fear Public Utility
Authority, North Carolina Department of Transportation, and other applicable state and federal
agencies.
If you have any questions regarding this item, please contact the case planner listed on the letter
titled Notice of Preliminary Forum included in this mailing.
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