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Ordinance Granting/Denying a Special Use Permit for Property Located at 3933 Princess Place Drive for L.I.N.C., Inc., to Operate a Group Home, Residential in the Office and Institutional (O&I) District
(SU-3-424)
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The City Council for the City of Wilmington held a quasi-judicial hearing on April 16, 2024, to consider the following special use permit (“SUP”) application:
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Application Number : |
SU-3-424 |
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Applicant: |
L.I.N.C., Inc. c/o Frankie Roberts PO Box 401 Wilmington, NC 28402 (910) 332-1135 froberts@lincnc.org |
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Owner: |
L.I.N.C., Inc. PO Box 401 Wilmington, NC 28409 |
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Tax Map: |
R04914-001-001-000 |
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Proposed Special Use: |
Group Home, Residential |
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Zoning District: |
Office and Institutional (O&I) |
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Meeting Dates: |
City Council 4/16/24 |
The City Council, having heard all evidence and arguments presented at the hearing, makes the following findings of fact:
1. The subject property is a decommissioned municipal fire station, formerly Fire Station #3, that was constructed by the City circa 1972 and vacated by the City circa 2019.
2. On September 21, 2021, the City donated and transferred ownership of the fire station to L.I.N.C., Inc., to use for an approved public purpose.
3. L.I.N.C., Inc., is a North Carolina non-profit corporation with a 501(c)(3) status located in New Hanover County, established in 1999 to assist men and women returning from prison to become contributing members of the community.
4. L.I.N.C., Inc., also operates the LINC Initiative to Educate (“L.I.T.E”) Manhood Program, which is a culture and gender-specific educational program to educate and teach life-skills to African American males between 15-24 years of age who have been involved in the justice system.
5. The proposed use as a residential boarding school for 10-12 young men is classified as a “group home, residential” under City code.
6. On April 16, 2024, the subject property was rezoned from R-10, Residential, to Office and Institutional (O&I) to allow the adaptive reuse of the facility for a group home, residential.
7. The Land Development Code (“LDC”) requires the issuance of an SUP for group home, residential uses located within the City.
8. The applicant attended a pre-TRC meeting consultation with City staff on February 1, 2024, and has demonstrated the ability to comply with the SUP prerequisites for the LDC, as well as the technical standards of the code, with modifications as provided in the comments provided following that meeting.
9. Compliance with all site plan requirements shall be enforced as part of the final review and approval by the TRC.
10. Access to the site will be provided via the existing driveway on Barclay Hills Drive.
Based upon the foregoing FINDINGS OF FACT, City Council draws the following conclusions, as required by Section 18-589(D)(a)(i) of the City of Wilmington Land Development Code:
a. That the use will not/will materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the special use permit; and,
b. The use meets/does not meet all required conditions and specifications; and,
c. The use will not/will substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and,
d. The location and character of the use, if developed according to the plan as submitted and approved, will/will not be in harmony with the area in which it is to be located and in general conformity with the adopted comprehensive plans, the CAMA plan, and adopted special area plans.
Therefore, because the City Council concludes that all general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have/have not been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED/DENIED, subject to the following conditions:
1. The applicant shall fully comply with all specific requirements stated in the LDC for the proposed use, as a well as any additional conditions stated below.
2. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this SUP is for any reason held invalid or unconstitutional by any court of competent jurisdiction, this SUP shall be null and void and of no effect.
3. The use and development of the subject property shall be in substantial compliance with the site plan and renderings, as submitted and accepted by City Council on April 16, 2024.
4. The use and development of the subject property shall comply with all other supplemental regulations and requirements imposed by the LDC, or any other applicable federal, state, or local law, ordinance, or regulation. In the event of a conflict, the more stringent requirement or higher standard shall apply.
5. The SUP shall be limited to a building area of 2,960 square feet for occupancy by a maximum of 12 resident students, and a storage building up to 400 square feet maximum. Any future expansions or additions to the site are subject to modifications to the SUP.
6. Approval of this SUP does not constitute technical approval of the site plan. All Technical Review Committee comments shall be followed prior to issuance of a construction release or final zoning approval.
7. All conditions of City Code Sec. 18-149 shall be met prior to issuance of a construction release and shall maintain compliance at all times the property is operated pursuant to this SUP.
8. All City, State and Federal regulations shall be met.
9. All driveways shall be constructed to or brought into compliance with City standards.