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HomeMy WebLinkAboutFinding of Facts ReportClover Group Inc Finding of Facts Report CGFFR-2025 Page 1 of 3 SPECIAL USE PERMIT FINDINGS OF FACT REPORT Project Name: Porters Neck ADU Residential Development Applicant: Clover Group Inc. Project Address: 406 & 408 Porters Neck Road, Wilmington, NC Zoning District: R-15 Residential Parcel Size: 2.01 Acres (87,556 sq ft) Request: Special Use Permit for 16 ADUs + 1 Primary Home Finding 1: The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved.  The proposed development includes a 20-foot-wide gravel access road with a circular emergency vehicle turnaround designed to meet New Hanover County Fire Marshal requirements, consistent with standards referenced in N.C.G.S. § 160D- 705(c).  The site will be connected to public water and sewer systems, including a private lift station tied into the Porters Neck Road force main, ensuring wastewater is handled in accordance with CFPUA and NCDEQ standards.  Stormwater will be managed through a front-lot retention pond designed to capture and treat runoff from all built-upon surfaces (estimated 3,460 cu ft from a 1.5" storm), exceeding New Hanover County and NCDEQ stormwater performance requirements (NCAC 15A 02H.1000).  The site design ensures compliance with emergency access and public safety requirements outlined in the International Fire Code as adopted by New Hanover County.  The property will be professionally managed with clear maintenance protocols, safety inspections, and enforceable lease terms that align with property management best practices recognized by the National Association of Residential Property Managers (NARPM). Finding 2: The use meets all required conditions and specifications of the New Hanover County Unified Development Ordinance.  The base zoning of R-15 permits ADUs and multi-unit development through Special Use Permit under UDO Article IV, Table 4.2.1. Clover Group Inc Finding of Facts Report CGFFR-2025 Page 2 of 3  The development falls within the density cap of 10.2 units per acre as allowed under SUP provisions; proposed density is 8.5 units per acre.  Setbacks, buffers, height, and open space are compliant with Article VI dimensional standards.  All infrastructure, including gravel roadways, fire apparatus access, and utility access, meet the site development standards of Article VIII.  Landscaping, lighting, and environmental buffering will adhere to Article VII, which ensures harmony with neighboring parcels. Finding 3: The use will not substantially injure the value of adjoining or abutting property, or the use is a public necessity.  All new buildings are residential in scale, character, and architectural finish, consistent with surrounding neighborhood structures.  The development fills a unique and growing need for medical staff and essential workers, particularly traveling nurses and temporary health professionals.  According to the American Hospital Association (2023), over 60% of U.S. hospitals rely on contracted medical labor. The U.S. Bureau of Labor Statistics projects that employment of healthcare support occupations will grow 17% from 2021 to 2031.  The North Carolina Housing Coalition (2022) identified New Hanover County among the top 10 counties statewide for rent burden, especially for one- and two-person households.  Court precedent, such as Woodhouse v. Town of Nags Head, 299 N.C. 211 (1980), supports that community-oriented residential uses, even when at slightly higher densities than neighboring parcels, do not inherently injure property value when designed and managed responsibly.  The increase in site activity, improved stormwater and fire access infrastructure, and active management are expected to maintain or enhance surrounding property values. Finding 4: The location and character of the use, if developed according to the plan, will be in harmony with the area in which it is to be located and is in general conformity with the Comprehensive Plan.  The Comprehensive Plan for New Hanover County (Plan NHC) encourages compact growth, infill development, and the provision of workforce housing—specifically supporting “missing middle” housing typologies. Clover Group Inc Finding of Facts Report CGFFR-2025 Page 3 of 3  This development preserves existing tree buffers, applies vegetated stormwater management, and maintains compatibility with the scale and rhythm of residential development in the Porters Neck corridor.  The proposed ADUs support Strategic Objective 2.1.3 of Plan NHC by providing housing options that meet the needs of Wilmington’s healthcare industry.  The layout follows the form-based guidance principles adopted in recent amendments to the Comprehensive Plan, focusing on integrated infrastructure and low-impact development techniques.  Projects that align with county goals and respond to clearly documented public needs have precedent for approval under Humphries v. City of Asheville, 312 N.C. 759 (1985), which affirmed the discretionary authority of local boards when findings are backed by community benefit and compliance with policy. Conclusion: The findings demonstrate that the proposed use meets or exceeds the standards set forth in the UDO and is supported by statutory authority, local policy, and judicial precedent. The Porters Neck ADU Residential Development will enhance the community by delivering essential housing to a vital workforce segment without compromising the character or safety of the area. Clover Group Inc. respectfully requests approval of this Special Use Permit. Prepare by: Clover Group Inc. Bernard Miller 910-800-9682