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).