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A RESOLUTION RECOMMENDING TO THE COUNCIL
OF THE VILLAGE OF ST. HELENA THAT IT ISSUE A CONDITIONAL USE
PERMIT UPON THE APPLICATION OF PENDER COUNTY
WHEREAS:
1. Pender County ("Applicant") has filed an application with the Village of St. Helena
("Village") for a conditional use permit to construct, operate and maintain a jail on those
properties described in the deeds recorded in Deed Books 1411 and 3233, at pages 136
and 95, respectively, of the Registry of Pender County, North Carolina.
2. The above-described properties lie within the planning jurisdiction of the Village and
within an I-1 zone.
3. Jails are a conditional use within I-1 zones in the planning jurisdiction of the Village.
4. The Planning Board of the Village of St. Helena ("Board") has found as fact:
1. Applicant provided an aerial photograph, illustrating the general location of the
structures it proposes, that is made a part of this recommendation;
2. The proposed use is a use that is of an industrial nature that, as proposed, will not
create an excessive noise, odor, smoke, dust, airborne debris or other
objectionable characteristics;
3. The physical presence of the Pender County Sheriff's Department will enhance
police protection in the Village;
4. Applicant proposed that if the Village and the Town of Burgaw enter into an interlocal
agreement as to the extension of sewer service from the Town of Burgaw to
the property, Applicant will place an oversized sewer lift-station along Front
Street on the southern end of the property to which the Village may connect upon
the provision for sewer service within the Village and which Applicant will
maintain unless the Village takes ownership of system;
5. Applicant proposed that if the Village and the Town of Burgaw enter into an interlocal
agreement as to the extension of sewer service from the Town of Burgaw to
the property, Applicant will install a six-inch (6") to twelve-inch (12") pressurized
sewer line, between the above lift-station and the Town of Burgaw sewer system,
which Applicant will maintain unless the Village takes ownership of system;
6. Applicant will either contract with its own solid waste provider or the Village to .
dispose of solid waste, from the jail, outside the Village;
7. Applicant proposed it will comply with all regulations of the North Carolina
Division of Water Quality;
8. The use will not pose a danger to groundwater quality;
9. Approval of the issuance of the conditional use permit will not involve any
rezoning or contribute to high density development;
10. The use will not involve an inter-basin transfer of water and seems compatible
with the North Carolina Department of Natural Resources, Division of Water
Quality, goals as identified in Section VII, Paragraph 8, of the Village of St.
Helena Comprehensive Plan (April 18, 2002);
11. Though the proposed use is an industrial use to be located within the municipal
limits of the Village rather than within the extraterritorial jurisdiction, the use
would be within an existing industrial zone and its location within the Village
may provide increased opportunities for jobs to the citizenry of the Village;
12. Applicant proposed to comply with all the requirements of the North Carolina
State Building Code and the Pender County Health Department and any
applicable federal regulations regarding soils;
13. Applicant proposed that it will obtain water from its existing system running
through the Village;
14. Applicant proposed that it will comply with all applicable State of North Carolina
as to storm-water runoff regulations;
15. Applicant will not store hazardous materials on the site;
16. The proposed use will not significantly increase traffic along U.S. Highway 117
and Front Street;
17. Applicant, in conjunction with the Board, proposed that as conditions of a
conditional use permit:
1. It be required to comply with all federal, state and local regulations
concerning the location, construction and operation of the use;
2. It be required to establish vegetative buffers, of a type that would be
consistent with the present flora, and maintain such buffers along the
following boundaries:
1. Two hundred feet (200') along the southern and southeastern boundaries
with Mary Bakan, FIVECEB, LLC, and New Covenant
Evangelical Presbyterian Church, Inc., and
2. Fifty feet (50') along the eastern boundary with Virginia Bell and
the western boundary with Front Street;
3. It be required to comply with the requirements for nonresidential lighting
in an LZ-1 zone as published in the Joint IDA-IES Model Lighting
Ordinance (June 15,2011), except as federal and state regulations may
require some different lighting for a detention facility; but in any event
lighting be installed to minimize its effects upon the sky, naturally
occurring flora and fauna and adjoining properties;
4. Any signs installed not exceed a maximum area of forty-eight square feet
(48 sq. ft.) and six feet (6') in height;
5. It be required to mark ingress and egress from Front Street to show that
access is restricted to authorized personnel only; and,
6. It be required to comply with each representation in paragraphs 4.4, 4.5,
4.6,4.7,4.12,4.13,4.14 and 4.15 above.
5. The Board has further found:
1. A jail, as proposed by Applicant and if located and constructed as proposed, will
not materially endanger the public health, safety or general welfare of the public
within the Village if it is located and constructed as proposed by Applicant;
2. The use as proposed by Applicant can meet all of the required conditions and
specifications;
3. The use as proposed and with the conditions of a conditional use permit as
recommended by this Board will not adversely affect the use or physical attributes
of adjacent property; and,
4. A jail, located and constructed, as proposed will be in harmony with the area in
which Applicant proposes to place it and will be overall conformity with the
Village of st. Helena Land Use Plan (April 18, 2002).
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