HomeMy WebLinkAbout2026 Special Use Permits SUP Book Y Page t
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO APPROVE A SPECIAL USE PERMIT
Campground/Recreational Vehicle(RV) Park in an R-15, Residential Zoning District
S25-05-Campground/Recreational Vehicle(RV) Park in an R-15
The County Commissioners for New Hanover County (the "County Commissioners"), having held a
public hearing on January 20, 2026, to consider application number S25-05 submitted by Jonathan
Washburn, applicant, on behalf of Joseph Burke "Burke" Freedland with HBD Partners and Dorothy
"Dotty" Freedland with Market Street Partners, LLC property owners, for the use of Campground /
Recreational Vehicle (RV) Park in a R-15, Residential district on approximately 27.32 acres located at
the 8600 block of Stephens Church Road, and having heard all of the evidence and arguments
presented at the hearing,the County Commissioners make the following FINDINGS OF FACT:
1. Staff presented the information they compiled from the application and the UDO.
2. Applicant Jonathan Washburn tendered a presentation and testimony about the project.
3. No expert testimony was tendered to contradict the applicant's testimony on whether the use
will materially endanger the public health or safety if located where proposed and developed
according to the plan as submitted and approved. Specific questions were asked and
conditions were agreed upon to address potential public health and safety concerns of the
proposed plan.
4. No expert testimony was tendered to contradict the applicant's testimony on whether the use
meets all required conditions and specifications of the UDO.
5. No expert evidence was tendered to contradict the applicant's testimony on whether there
was an impact to the value of adjoining or adjacent property.
6. No expert evidence was tendered to contradict the applicant's testimony on whether the
location and character of the use if developed according to the plan as submitted an approved
will be in harmony with the area in which it is to be located and in general conformity with the
plan of development for New Hanover County.
7. That no one spoke in opposition of the project.
8. That the specific requirements set forth in Section 10.3.5.D of the County Unified Development
Ordinance WILL be satisfied if the property is developed in accordance with the plans,agreed
upon conditions, and information submitted in the application.
Based on the foregoing FINDINGS OF FACT, the County Commissioners make the following
CONCLUSIONS OF LAW:
1. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first
general requirement listed in the Ordinance; namely the requirement that 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.
2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required
conditions and specifications.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a public necessity.
4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth
general requirement listed in the Ordinance; namely 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 plan of development for
New Hanover County.
5. Therefore,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 APPROVED subject to the following
conditions:
a. Approval is subject to the applicant signing an agreement acknowledging the
applicant's consent to all the following conditions agreed to by the applicant. If the
applicant does not provide a signed agreement within seven (7) business days from
the date of approval,then the special use permit is considered denied.
b. Site to retain undisturbed tree save area within the area labeled as a 50-foot-wide
existing tree retention buffer along all property lines as shown on the site plan.
c. No swimming or fishing is permitted in the stormwater retention pond.
d. Maximum stay shall be thirty-one(31)consecutive days.
Ordered this 16th day of February, 2026.
oos tr.
cLeAnn Pierce,Chair
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ATTEST:
(7,1(10/41
Kym owell, Clerk to the Board
SUP Book '1 Page a
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO APPROVE A SPECIAL USE PERMIT
Boat and Ship Building in an I-1, Light Industrial Zoning District
525-07— Boat and Ship Building in an I-1
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on February 16, 2026, to consider application number S25-07 submitted by
Greg Taylor with TMC Taylor Construction, INC, applicant, on behalf of 2nd Wilmington
Properties LLC, property owner, for Boat and Ship Building in an I-1, Light Industrial district on
approximately 1.58 acres located at 2020 Capital Drive, and having heard all of the evidence
and arguments presented at the hearing, the County Commissioners make the following
FINDINGS OF FACT:
1. No evidence was presented in opposition to this application.
2. The County Commissioners FIND AS A FACT that all of the specific requirements set forth
in Section 10.3.5.D of the County Unified Development Ordinance WILL be satisfied if the
property is developed in accordance with the plans and findings submitted in the
application to the County Commissioners.
Based on the foregoing FINDINGS OF FACT, the County Commissioners make the following
CONCLUSIONS OF LAW:
1. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first
general requirement listed in the Ordinance; namely the requirement that 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.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
second general requirement listed in the Ordinance; namely that the use meets all
required conditions and specifications due to the following findings:
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
third general requirement listed in the Ordinance; namely that the use will not
substantially injure the value of adjoining or abutting property, or that the use is a public
necessity.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
fourth general requirement listed in the Ordinance; namely 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 plan of development for New Hanover county.
5. 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 APPROVED.
Ordered this 16th day of February, 2026.
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N rr. LeAnn Pierce, Chair
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Ky Crowell, Clerk to the Board
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SUP Book V Page 3
COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA
ORDER TO APPROVE A SPECIAL USE PERMIT
Wireless Support Structure in an R-20,Residential Zoning District
S26-01—Wireless Support Structure in an R-20
The County Commissioners for New Hanover County(the "County Commissioners"), having held a public
hearing on April 6, 2026,to consider application number S26-01 submitted Jonathan Yates, with Hellman
Yates, representing Optima Towers IV, applicant, on behalf of Christopher Dale, property owner, for the
use of Other Wireless Communication Facilities including Wireless Support Structures and Substantial
Modifications in a R-20, Residential district on approximately 3.91 acres located at 3516 Angus Drive, and
having heard all of the evidence and arguments presented at the hearing, the County Commissioners
make the following FINDINGS OF FACT:
1. No evidence was presented in opposition to this application.
2. Based on the report and testimony of John C. Palmer, MAI, AI-GRS, CCIM, CDA,the use of the
property will not negatively impact the value of adjoining or adjacent property.
3. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section
10.3.5.D of the County Unified Development Ordinance WILL be satisfied if the property is
developed in accordance with the plans and findings submitted in the application to the County
Commissioners.
Based on the foregoing FINDINGS OF FACT,the County Commissioners make the following CONCLUSIONS
OF LAW:
1. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance; namely the requirement that 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.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions
and specifications due to the following findings:
3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general
requirement listed in the Ordinance; namely that the use will not substantially injure the value of
adjoining or abutting property, or that the use is a public necessity.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth
general requirement listed in the Ordinance; namely 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 plan of development for New
Hanover County.
5. 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 APPROVED.
Ordered this 6' day of April, 2026.
NEW HANOVER COUNTY
co 401.45 Y o A,_ ___av\Ak_l&pAce_0 ,
��sy LeAnn Pierce, Chair
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O Attest:
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*``7"3 's"`� Ky rowell,Clerk to the Board
Exhibit A
Findings of Fact:
(In Accordance with Section 10.3.5 of the New Hanover County Unified Development
Ordinance)
Conclusion 1:The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
Compiled Facts May or May Not Support the Board's Conclusion
Relevant Findings of Fact Presented to Date
A. Public water and sewer infrastructure are not available but are not necessary for the proposed
use.
B. The property is located in the New Hanover County Northern Fire Service District.
C. Access to the tower site will be provided by a gated access and maintenance easement off
Angus Drive.
D. The subject site does not host any known cultural or archaeological resources.
E. New Hanover County Conservation Resources Map indicates that a small amount of swamp
forest may be present on the site. However, the amount of the resource noted on the site is
less than the five-acre minimum to trigger Conservation Resource Standards, and the area is
outside the limits of disturbance on the site.
F. The proposed use will generate an estimated 5 trips per month for maintenance purposes
resulting in virtually no additional traffic.
Conclusion 2:The Board must find that the use meets all required conditions and specifications of
the Unified Development Ordinance.
A. Wireless Communication Facilities, including Wireless Support Structures, are allowed by
Special Use Permit in the R-20, Residential zoning district provided that the project meets the
standards of Section 4.3.3.0 of the Unified Development Ordinance.
B. Section 4.3.3.C.1.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 a distance equal to the height of the tower as measured from the base of
the tower. The location of the proposed 185-foot-tall tower will be more than 185 feet from
all property lines, meeting the setback requirement of Section 4.3.3.C.1.a.
C. Section 4.3.3.C.1.b requires that all applicants seeking approval shall also submit a written
affidavit from a 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 of 2012, 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 adjacent to the
proposed facility will comply with current FCC standards. Documentation in the application
package meets these requirements.
D. Section 4.3.3.C.1.d regulates the signage allowed on the tower and related equipment. At this
time, the applicant has not proposed signage on the tower.
E. Section 4.3.3.C.6.a.1 requires a landscaped buffer with a base width not less than 25 feet and
providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the tower base.
The proposed landscape buffer shown on the applicant's submitted site plan meets this
requirement.
F. Section 4.3.3.C.6.a.2 requires that wireless support structures 150 feet in height or less shall
be engineered to accommodate a minimum of one additional provider. The proposed tower is
185 feet tall and has been designed to accommodate a total of four providers'antennae and
equipment, meeting this ordinance requirement.
G. 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.
H. Section 4.3.3.C.6.a.4 requires that, when the proposed tower site is within 10,000 feet of an
airport or within any runway approach zone, the applicant submit Form 7460 to 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.
I. Section 4.3.3.C.6.c.2 requires the applicant to submit photographs and statements as to the
potential visual and aesthetic impacts on all adjacent residential zoning districts. The
applicant conducted balloon tests to show the visibility of the structure's proposed height.
There are some images included in the exhibits in the application that show the top of the
tower would be visible from certain vantage points.
J. Section 4.3.3.C.6.c.3 requires that wireless support structures be monopole or unipole
construction.
The proposed pole is of monopole construction.
K. Section 4.3.3.C.6.c.4 requires that all wireless equipment, including any feed lines, antennas,
and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened,
obscured, mounted flush, or otherwise not readily apparent to a casual observer. The
applicant's site plan and tower detail shows this requirement is met.
L. Section 4.3.3.C.6.c.5 requires that wireless support structures located within general
residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5) shall be required to utilize
faux tree stealthing except where a structure is proposed in an area containing such dense
existing tree clusters that the structure is not visible from existing single-family or duplex
residential uses and/or platted lots located within a general residential district. Faux
structures shall be designed to match a species of tree located within the existing cluster of
trees in which a structure is proposed.The UDO allows the Board of Commissioners to exempt
the applicant from this requirement as a condition of approval on the Special Use Permit. The
applicant has not proposed any faux tree screening on the tower, and is prepared to ask the
Board of Commissioners for this exemption.
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.
A. The location of the proposed wireless support structure is on a vacant property on Angus Drive.
The tower site and associated equipment storage area will be on a 100' x 100' (10,000 sf)
leased area within this parcel.
B. The National Wetlands Inventory and the New Hanover County Conservation Resources Map
indicate that Swamp Forest Conservation Resource may be present on the site. Non-
residential projects disturbing less than 1 acre are exempt from Section 5.7 Conservation
Resources.
C. The nearest residential structures range from approximately 350 feet to the northeast of the
proposed tower location.
D. The predominant land use in the immediate vicinity of the subject site is forested with
few residentially developed lots.
E. A 25 foot wide buffer surrounding the tower base and equipment compound will provide
visual screening.
F. No contradictory evidence has been submitted that this project will substantially injure the
value of adjoining or abutting properties.
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.
A. The subject site is currently undeveloped. There is a 130 foot wide electric easement on the
northern side of the property. Power lines run across this part of the property, but would not
interfere with the proposed wireless tower.
B. The site is bounded by vacant residentially zoned property to the east,west, and south.To the
north, across Angus Drive north, east, and south and the new Military Cutoff Extension to the
west.
C. The nearest dwelling is located approximately 350 feet from the site.
D. The predominant land use in the immediate vicinity of the subject site is forested and light
agricultural land with few residentially developed lots.
E. The Comprehensive Plan classifies the property as General Residential which 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. While wireless support structures and other infrastructure are
common in contemporary land development patterns, the Comprehensive Plan does not
specifically address their location. However, the implementation guidelines of the
Comprehensive Plan do aim to support business success, workforce development, and
economic prosperity. Wireless support structures when placed to best serve the needs of
surrounding residents, businesses,and institutional uses,can help to advance those goals.
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