Special Use Permits 2012 SUP Book V Page 40, I
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
{ ORDER GRANTING A SPECIAL USE PERMIT
For the expansion of an existing church and a 4,500 square foot fast food restaurant with
drive-thru in a CD(B-2)Highway Business Zoning District
Z-915(11/11)
The County Commissioners for New Hanover County having held a public hearing on April 2,2012 to
consider application number Z-915 submitted on behalf of Northside Baptist Church,a conditional
zoning district and the requisite special use permit to expand an existing church facility and a 4,500
square foot fast food restaurant with drive-thru use in a Conditional District CD (B-2) Highway
Business Zoning District approved under companion rezoning action,said proposal being located at
2501 North College Road, and having heard all of the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 59.7 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans and staff findings submitted to the County
Commissioners and attached as part of this special use permit.
2: 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 GRANTED subject to
the following conditions:
A. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
B. In accordance with Section 71-1(4)of the ordinance,the permit shall become null and void
if construction or occupancy has not commenced within 24 months of the date of this
approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use;all other state,federal and local rules;and any additional
conditions hereinafter stated.
D. Additional Conditions:
1. All improvements recommended in the final WMPO approval must be installed for
the Conditional Use Permit to be valid;and,
2. If in the future the church desires to incorporate a full time school into the complex
a new TIA and additional transportation improvements may be required. Further,a
full time school would be considered a change in use and require an amendment to
the Conditional Use site plan
Z-915 Page 3
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Adopted this 2nd day of April, 2012.
. 1,01 Cal; Cyl
uNTY. Ted Davis,Jr.,Chairm
.. 'y Attest:
cp
I 4!'e\ y
,)\ 1�. p
N IN
r,z k i' i . , .
1 y b i � .
'!1 .a Sheila L.Schult,Clerk to the Board
. . ,
ntik+i �.
FINDINGS OF FACT:
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.
A. Northside Baptist Church is currently connected to CFPUA water and sewer.
B. Fire Service is provided by New Hanover County Fire Services.
C. This proposal will be located outside of the flood hazard areas.The applicant has
applied for a LOMR-F, which will remove the AE flood lines from the northern and
western rear portions of the property.
D. North College Road is an urban principle arterial roadway.The ADT on North College
Road,located between Long Ridge Drive and Bavarian Lane,has increased from 26,786
(2010)to 27,081(2011).The portion of North College Road fronting the subject property
has a LOS of F, meaning traffic counts exceed the capacity of the roadway. However,
incorporation of the recommended transportation improvements should decrease
traffic impacts on congestion and improve safety on the roadway.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety where proposed road improvements required by
NCDOT are implemented.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. Conditional zoning districts are designed for firm development proposals and not
for tentative development. The church campus expansion of 259,600 square feet of
new buildings and the addition of a 4,500 square foot fast food restaurant with a
drive-thru are commercial uses that will not have a significant adverse impact on
the adjacent single family homes and undeveloped residential property to the west.
B. The proposed signage will be required to satisfy the sign standards as specified in
Section 94 of the Zoning Ordinance.
Staff Suggestion: Evidence in the record at this time supports a finding that the use can meet all
required conditions and specifications of the Zoning Ordinance.
Z-915 Page 4
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3. The Board must find that the use will not substantially injure the value of adjoining or
i abutting property or that the use is a public necessity.
1 A. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
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1 Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
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s 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
4 located and in general conformity with the plan of development for New Hanover County.
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A. The 2006 Land Use Plan Update identifies the majority of the subject property as
Transition. The transition designation is to provide for further intensive urban
development on lands that have been or will be provided with necessary urban
tservices. The location of these areas is based upon land use planning policies
requiring optimum efficiency in land utilization and public service delivery.
B. Policy 4.3 of the 2006 CAMA Land Use Update outlines the desire to maximize
effectiveness of commercial uses by assuring that land is available for commercial
i uses within close proximity to the markets they serve and by ensuring that such
commercial nodes do not diminish the quality of life in nearby residential areas.
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COUNTY OF NEW HANOVER SUP Book V Page 40. 2
1 STATE OF NORTH CAROLINA
ORDER TO ISSUE AN ADDENDUM TO A SPECIAL USE PERMIT
1 Children's Daycare Expansion in an R-15 Residential Zoning District
1 S-519M(07/04,03/12)
s
The County Commissioners for New Hanover County having held a public hearing on April 2, 2012 to
consider application number S-519 submitted by Miss Grace's Place Child Care, for Addendum to a
special use permit to increase the number of children permitted from 9 to 12 in an existing children's
day care facility at 111 Cannon Road, and having heard all of the evidence and arguments presented at
the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
i1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section
71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance
4 with the plans and findings submitted to the County Commissioners and attached as part of this
special use permit.
2. 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 GRANTED subject to the following
I conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in Section 72-9
of the Ordinance for the proposed use, as well as the proposed and approved site plan, and all
other state or federal requirements.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this approval.
C. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this permit
I shall become void and of no effect.
D. Additional Conditions:
1) Drop-off and pick-up times shall be staggered so that there are a maximum of two
drop-offs or pick-ups in 10 minute intervals.
1
Ordered this 2nd day of April,2012.
vNTY.
//l
o
ti Ted Davis,Jr.,Chairmon
, 1 ,*•
. pi, Attest:
i \QL1\�s,+lx.,.lip � ,,``��
V
Shei a L. Schult,Clerk to the Board
1
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Findings of Fact:
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.
A. Public water and sewer are provided to the property by CFPUA.
B. The route of access is El Ogden Drive to Market Street. The ADT of Market Street, between El
Ogden and Middle Sound Loop Road has decreased from 50,092 (2010) to 46,898 (2011). The
Level of Service at the intersection of Market Street and El Ogden is F.
C. The subject property is located in the New Hanover County Fire Service District.
D. The site is not within a flood hazard area.
E. The current facility is a single family residence.The applicant currently accommodates 9 children,
consistent with the conditions of the existing special use permit,issued July 12,2004.The request
to increase size is in order to accommodate two clients expanding their families this year.
F. The Patterson's added a 150 square foot addition to their home in February 2009 to accommodate
three more children in the daycare.
G. The Division of Child Care Services allows a child day care facility to care for a maximum of
twelve children in a residence that satisfies state requirements.
Staff Suggestion:Evidence in the record at this time supports a finding that the use will not materially endanger the
public health or safety where proposed.
2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance.
A. The current facility is operating under an existing special use permit issued July 12, 2004. The
current special use permit was conditioned to have drop off and pickup times staggered so that
there are a maximum of two drop offs or pickups within 10 minute intervals and was limited to a
maximum of 9 children.
B. The applicant currently has 1 employee parking and 4 off street parking spaces adjacent to the
driveway,shown on the site plan.
C. There is also an area to accommodate ingress and egress directly onto a public street, consistent
with Section 72-20(2).
D. There is an 8 foot privacy fence around the play area; exceeding the four feet fencing minimum
required by the ordinance.
E. There is not currently an outside sign for the facility,nor is one proposed.However,if one were to
be added to the site it would be subject to Section 72-20(4), which limits outside signage to a
maximum of two(2)square feet in area.
F. The current facility is licensed by the state of North Carolina.
G. All other local, state, and federal requirements must continue to be met, including possible
property upgrades to meet building codes and fire safety codes.
Staff Suggestion:Evidence in the record at this time supports a finding that the use meets all required conditions
and specifications of the Zoning Ordinance.
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. Child facilities exist in other residential districts in New Hanover County.
B. The proposed use is a continuation and expansion of an existing child day care facility.
C. No evidence has been submitted that this project will decrease property values of residents who
live nearby
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure
the value of adjoining or abutting property.
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 plan of development for New Hanover County.
A. The subject property is located in an R-15,residential district.
B. Child day care facilities are permitted by special use permit in all residential districts.
C. The 2006 Joint CAMA Plan Update shows the land classification as Watershed Resource
Protection;however,it is located within the urban growth boundaries.
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SUP Book i V Page `E"
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For the expansion of an existing assisted living development in a CD(O&I) Conditional Office
and Institutional Zoning District
Z-890 Modification(04/12)
The County Commissioners for New Hanover County having held a public hearing on May 7,2012 to
consider a modification to application number Z-890 submitted on behalf of Cornelia Nixon Davis,
Inc., a conditional zoning district and the requisite special use permit to expand an existing assisted
living development use in a Conditional District CD(O&I)Conditional Office and Institutional Zoning
District approved under companion rezoning action, said proposal being located at 1011 Porters
Neck Road,and having heard all of the evidence and arguments presented at the hearing,make the
following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 59.7 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans and staff findings submitted to the County
Commissioners and attached as part of this special use permit.
2. 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 GRANTED subject to
the following conditions:
A. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
B. In accordance with Section 71-1(4) of the ordinance,the permit shall become null and void
if construction or occupancy has not commenced within 24 months of the date of this
approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use;all other state,federal and local rules;and any additional
conditions hereinafter stated.
Z-890M Page 4
Adopted this 7th day of May, 2012.
Iii Di _,c.
Ted Davis, Jr., Chairman
/c --)14-1-1'.N
G E Off,
�y Attest:
O n
Z
�L `,t I Sheila L.Schult,Clerk to the Board
FINDINGS OF FACT:
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.
A.The subject property is located in the New Hanover County Fire Service District.
B. Water and sewer are currently provided by CFPUA by a 4" meter.
C. The site is not located within the 100 year floodplain.
D. Porters Neck Road is designated as an urban principle arterial roadway in the WMPO
Roadway Functional Classification plan.
E.The ADT along Porters Neck Road has slightly increased from 12,776 (2010)to 12,834 (2011).
The volume to capacity ratio is 0.82, providing a Level of Service of D, meaning the roadway is
operating at design capacity and traffic is experiencing delays at intersections.
F.The State DWQ has determined that the subject property is not within a half mile of shellfish
active waters and that retention or detentions ponds may be and are proposed to be used to
treat the stormwater. 404 wetlands have been surveyed and are not impacted by the proposed
development.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety where proposed.
2.The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
Z-890M Page 5
A.The Davis Community currently operates under an existing special use permit and Conditional
Office and Institutional District.The current permit authorizes 199 skilled nursing beds and 148
assisted living beds.This proposal will extinguish prior site plans and establish a new permit
under a more current and consolidated vision for the community.This proposal does not change
the number of skilled nursing or assisted living beds. Rehabilitation and administrative pavilions
are excluded from renovations.
B.The proposal adds 7.56 acres to the current campus, exceeding the minimum acreage
requirements of Section 72-9(1) of the zoning ordinance.The proposed new construction
satisfies the structural setback requirements outlined in Section 72-9(2).
C.The applicant is proposing 453 parking spaces total for the full project, 68 more spaces then
currently provided and compliant with Section 81-1 of the zoning ordinance.
D. Landscaping and buffering requirements shall be in accordance with Section 69.4-1(9).
E. A Traffic Impact worksheet was provided by the applicant. In summary there are no additional
peak hour trips associated with the proposed addition;therefore, a Traffic Impact Analysis is not
required.
Staff Suggestion:Evidence in the record at this time supports a finding that the use meets all
required conditions and specifications of the Zoning Ordinance.
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 proposed use is a continuation and expansion of existing uses on the campus. No
evidence has been submitted that this project will decrease property values of residents who live
nearby.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
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 plan of development for New Hanover County.
A. The 2006 Joint CAMA Plan Update shows the land classification as Transition.
B.The proposed addition and renovations will be completed in five (5) phases. Phase one
includes the new construction of two one story, stand-alone households, located between the
existing Health Care Center and Champions Assisted Living,the installation of a new access drive
on Porters Neck Road to allow deliveries to the Champions Assisted Living directly, and the
relocation of an existing power easement and chain link fence. Phase one households will have a
maximum bed count of twenty-four (24) each and the entire phase has
Z-890M Page 6
an estimated completion of ten months. Phases II through V consist of household additions to
one or two of the existing one story skilled nursing facilities,including resident wings containing
living, dining, and activity spaces.
Z-890M Page 7
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SUP Book V Page 4t2. r
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA I
ORDER GRANTING A SPECIAL USE PERMIT 1
For the expansion of a construction office in a CD(B-1)Conditional Neighborhood Business
Zoning District
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Z-917(04/12) i
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fi The County Commissioners for New Hanover County having held a public hearing on June 4,
2012 to consider application number Z-917 submitted on behalf of owner, James Burris, a
conditional zoning district and the requisite special use permit to establish a construction office
use in a Conditional District CD (B-1) Neighborhood Business Zoning District approved under
companion rezoning action, said proposal being located at 201 Porters Neck Road, and having '
heard all of the evidence and arguments presented at the hearing, make the following FINDINGS
OF FACT and draw the following CONCLUSIONS:
f
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 59.7 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans and staff fi submitted to the County 1 ndings
Commissioners and attached as part of this special use permit. i
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2. Therefore, because the County Commissioners conclude that all of the general and specific t
{ 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 GRANTED
subject to the following conditions:
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A. If any of the conditions imposed by this special use permit shall be held invalid beyond i
the authority of this Board of Commissioners by a court of competent jurisdiction, then
this permit shall become void and of no effect.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and
void if construction or occupancy has not commenced within 24 months of the date of
this approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the i
Ordinance for the proposed use; all other state, federal and local rules; and any
additional conditions hereinafter stated.
D. Additional Conditions include:
1) In accordance with Section 31 ("Rules for Interpretation of District
Boundaries") of the County's Zoning Ordinance, the proposal shall include
the right-of-way front yard width of the property along Porters Neck Road
extending northwest to the eastern right-of-way of Porters Neck Road (see
base map); and
2) Any deed restrictions to the property being modified or released of record.
ff
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Z-917,04/12 Page 3
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Adopted this 4th day of June, 2012.
7,:fi intig;) ,
i *, Ted Davis,Jr.,Chairm
(§1
'' ( Attest:
c \)...:\c, L_%3k..a
2 iii ��
_� Sheila L. Schult,Clerk to the Board
,:e FINDINGS OF FACT:
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.
A. Public water is located along the frontage of the property. Public sewer is
located on Market Street at Porters Neck Road.
B. Fire protection is provided by New Hanover County Fire Services.
C. The property is not located within a flood hazard area.
D. An existing driveway to the structure is located off Porters Neck Road.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. Conditional Zoning Districts are designed for firm development proposals
and not for tentative or speculative development.The existing structure will
be a construction business office.
B. The existing structure contains 1,476 square feet of heated floor space with
an open carport attached to the structure along with an attached
greenhouse.A storage shed is located near the northern rear portion of the
yard.A site map depicts these features.
C. Landscaping, buffering, parking, and signage are required in accordance
with the County's Zoning Ordinance.
Staff Suggestion: Evidence in the record at this time supports a finding that the use can
meet all required conditions and specifications of the Zoning Ordinance.
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 existing residential structure has been used as a construction office for
the past few years. No changes to the structure are planned to take place.
Z-917,04/12 Page 4
B. No evidence has been submitted that this use will decrease property values
of residents who live nearby.
Staff Suggestion:The evidence in the record at this time supports a finding that the use will
not materially injure the value of adjoining property.
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 plan of development for New
Hanover County.
A. The 2006 Land Use Plan identifies the property as "Transition." The
"Transition" designation provides for further intensive urban development
on lands that have been or will be provided with necessary urban services.
The location of these areas is based upon land use planning policies
requiring optimum efficiency in land utilization and public service delivery.
B. Policy 4.3 of the 2006 CAMA Land Use Plan outlines the desire to maximize
effectiveness of commercial type uses by assuring that land is available for
commercial uses within close proximity to the markets they serve and by
ensuring that such commercial nodes do not diminish the quality of life in
nearby residential areas.
The proposal meets requirements for the B-1 Neighborhood Business Zoning District and
is located in a "Transition" land classification. No roadway improvements are required.
Access from the property will be limited to right-in and right-out turning movements.
Staff suggests that the findings are positive with the following conditions:
1) In accordance with Section 31 ("Rules for Interpretation of District Boundaries)of the
County's Zoning Ordinance,the proposal shall include the road right-of-way front yard
width of the property along Porters Neck Road extending northwest to the eastern
right-of-way of Porters Neck Road (see base map)and,
2) Any deed restrictions to the property being modified or released of record.
Z-917, 04/12 Page 5
COUNTY OF NEW HANOVER SUP Book /V Page,L/ • a
STATE OF NORTH CAROLINA I
ORDER TO ISSUE A SPECIAL USE PERMIT
Kennel in an O&I Office&Institutional I Zoning District
S-605(05/12) .
The County Commissioners for New Hanover County having held a public hearing on June 4, 2012 to
consider application number S-605 submitted by Ginger Bruton on behalf of Canady Revocable Living
Trust, to establish a kennel at 8001 Market Street, and having heard all of the evidence and arguments
presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section
71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance
with the plans and findings submitted to the County Commissioners and attached as part of this
special use permit.
I2. Therefore, because the County Commissioners conclude that all of the general and specific I
$ 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 GRANTED subject to the following
conditions:
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A. That the applicant shall fully comply with all of the specific requirements stated in Section 72-26
of the Ordinance for the proposed use, as well as the proposed and approved site plan, and all
other state or federal requirements.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this approval.
C. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this permit
shall become void and of no effect.
D. Additional Conditions:
1) Connection to Public Water; and
2) Dedication of a twenty (20) foot access easement on the subject property for
future development of a multi-use path along Market Street, consistent with the ,
Market Street Corridor Plan.
Ordered this 4th day of June, 2012. i
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wNY,\
G O U 7;e1 7ikJO 01 s 2- ) \\;N`\
o , , ` '..\. Ted Davis,Jr., Chairman
I _�' ,lit
/ c,
y ' Attest:
A 1
srAn 1.0'
tisoL
___ \aciN' ._ _Aki,),14- ,
Sheila L.Schult,Clerk to the Board
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Findings of Fact:
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.
A. The subject property is currently billed for public sewer with CFPUA. Public water is
available; however, applicant anticipates utilizing a 5/8" meter on a well. Continuing to
use the existing well will require an Existing Use of Well Permit from Environmental
Health.
B. The route of access is Sweetwater Drive to Market Street. The ADT of Market Street,
north of Sweetwater Drive, has decreased from 39,195 (2010) to 34,402 (2011). The
Level of Service at the intersection of Market Street and Sweetwater Drive is F.
C. The subject property is located in the New Hanover County Fire Service District. Fire
extinguishers and exit signs will be required per NFPA.
D. The site is not within a flood hazard area.
E. The property is located within the S.H.O.D. and is subject to the requirements of Section
59.6.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed.
2. The Board must find that the use meets all required conditions and specifications of the Zoning
Ordinance.
A. The current facility is the former Canady Extermination building and as of April 17,2012
has been renovated to accommodate the Going Green Pet Spa. The applicant currently
accommodates no more than three(3)pets at one time under a Zoning Only Permit, #12-
4438.
B. The applicant wishes to increase the number of pets she is eligible to accommodate at one
time. Per the Zoning Ordinance definition of "kennel", increasing the number of pets
beyond three at one time requires a special use permit in the O&I zoning district.
C. The applicant currently has 7 designated off street parking spots, shown on the site plan,
exceeding the minimum requirement of Section 81-1, which requires 1 parking space for
each 400 square feet of gross floor area.
D. The facility has direct access onto a street that meets the minimum requirements for
acceptance and maintenance by the North Carolina Department of Transportation per
Section 72-26(1).
E. The applicant is proposing two exercise areas with four(4)to six(6) foot fencing.
F. There is not currently an outside sign for the facility,nor is one proposed per the attached
site plan. However, if one were to be added to the site it would be subject to Section 72-
26(4).
G. Buffering is proposed by the applicant to include a row of 6 foot tall wax myrtles planted
5 feet apart to mitigate impacts to the adjacent residential property consistent with 67B-
4(1). Further, the applicant is proposing to screen the dumpster from adjacent residential
property with a fence. Staff feels the buffer proposed, in addition to the distance between
the proposed kennel and adjacent residence, is substantial enough to satisfy requirement 5
of Section 72-26 of the zoning ordinance.
H. All other local, state, and federal requirements must continue to be met, including
possible property upgrades to meet building codes and fire safety codes.
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Staff Suggestion:Evidence in the record at this time supports a finding that the use meets all required
conditions and specifications of the Zoning Ordinance.
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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 proposed use is a continuation and expansion of an existing"kennel"facility.
1 B. No evidence has been submitted that this project will decrease property values of
residents who live nearby
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I Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
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 plan of development for New Hanover County.
1
I A. The subject property is located in an Office and Institutional (O&I)zoning district.
B. Kennel facilities are permitted by special use permit in Office and Institutional districts.
C. The 2006 Joint CAMA Plan Update shows the land classification as Transition.
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SUP Book 1✓ Page 1'3,
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For the construction of an office park in a CD(O&I)Office and Institutional Zoning District
Z-921(06/12)
The County Commissioners for New Hanover County having held a public hearing on July 2, 2012 to
consider application number Z-921 submitted on behalf of owner, Shellington Properties, Inc. a
conditional zoning district and the requisite special use permit to establish an office park use in a
Conditional District CD (O&I) Office and Institutional Zoning District approved under companion
rezoning action,said proposal being located at 7627 and 7633 Market Street, and having heard all of
the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and
draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 59.7 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans and staff findings submitted to the County
Commissioners and attached as part of this special use permit.
2. 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 GRANTED subject to
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the following conditions:
A. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
B. In accordance with Section 71-1(4) of the ordinance,the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this
approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use; all other state, federal and local rules; and any additional
conditions hereinafter stated.
D. Additional Conditions include:
1) Dedication of a 20' access easement along Market Street, for future
development of a pedway,consistent with the Market Street Corridor Plan.
Adopted this 2nd da • I ,2012.
vNTY'N
C'O I O 7-1-:d AA'
p n Ted Davis,Jr.,Chafrfnan
Attest:
tg
vo
< 2
Sheila L. Schult,Clerk to the Board
Z-921, 06/12 Page 3
ti
•
FINDINGS OF FACT:
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.
A. Fire Service is provided by New Hanover County Fire Services.
B. Service is not currently provided to either of the subject properties; however, water is
available and new construction would be required to extend to the sewer line, located
500 feet from the subject parcels per CFPUA ordinance.
C. As of December 2011 counts, the ADT of Market Street, north of Alexander Road has a
volume of 45,105vpd; however, the capacity of the road is 43,700 vpd. Therefore, the
LOS for the portion of Market Street fronting the subject properties is F, meaning the
traffic counts exceed the capacity of the roadway. The traffic impact worksheet,
provided by the applicant, estimates development of the professional office park will
produce an AM peak of 22 trips and a PM peak of 21 trips. Therefore, a traffic impact
analysis is not required.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. Conditional zoning districts are designed for firm development proposals and not
for tentative development. A three phase office park, containing three two-story
buildings, totaling 14,400 square feet of office space and a one story,2,200 square
foot , accessory building will not have a significant adverse impact on the adjacent
church to the southeast and existing office park to the northeast . Further, the
applicant proposes a 20 foot landscaped buffer, along the northern border of parcel
II, mitigating any potential negative impacts to the adjacent single family residence.
B. The applicant received a variance on April 24, 2012 from Section 67B-1(1),width of
buffer strips. The Zoning Ordinance requires a twenty foot buffer between non-
residential uses and any residential use or district.The applicant was approved for a
reduction of ten feet along the western border of the property, adjacent to the
church site.
C. Signage will be required to satisfy the sign standards as specified in both Section
59.1.4 and 59.6-6 of the Zoning Ordinance.
D. The proposal is located within the Special Highway Overlay District and
development will be subject to the standards outlined in Section 59.6 of the Zoning
Ordinance.
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. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
Z-921,06/12 Page 4
t li
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 plan of development for New Hanover County.
A. The 2006 Land Use Plan Update identifies the subject properties as Transition. The
transition designation is to provide for further intensive urban development on
lands that have been or will be provided with necessary urban services.The location
of these areas is based upon land use planning policies requiring optimum efficiency
in land utilization and public service delivery.
B. Policy 4.3 of the 2006 CAMA Land Use Update outlines the desire to maximize
effectiveness of commercial uses by assuring that land is available for commercial
uses within close proximity to the markets they serve and by ensuring that such
commercial nodes do not diminish the quality of life in nearby residential areas.
C. Chapter 6 of the Market Street Corridor Plan suggests there is adequate right-of-
way on the northern side of Market Street to provide an eight-foot sidewalk
between Military Cutoff Road and Porters Neck Road.
� I
d{{
} Z-921, 06/12 Page 5
SUP Book /✓ Page
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For the expansion of a High Density Residential Development in a CD(R-10)Residential Zoning
District
Z-922(08/12)
The County Commissioners for New Hanover County having held a public hearing on October 15,
2012 to consider application number Z-922 submitted on behalf of owner, Tom Tucker,Three Oaks
Property, LLC, a conditional zoning district and the requisite special use permit to expand a High
Density Residential Development use in a Conditional Use District CD (R-10) Residential Zoning
District approved under companion rezoning action, said proposal being located at 7740 Market
Street and 115 Amaryllis Drive, and having heard all of the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 59.7, 69.4, and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans and staff findings submitted to the County
Commissioners and attached as part of this special use permit.
2. 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 GRANTED subject to
the following conditions:
A. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
B. In accordance with Section 71-1(4)of the ordinance,the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this
approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use; all other state, federal and local rules; and any additional
conditions hereinafter stated.
D. Additional Conditions include:
1) The owners construct a sidewalk along the Market Street frontage of the
subject properties, providing connection with the internal sidewalks and
adjacent services, consistent with the Market Street Corridor Plan and Section
67B-3 of the New Hanover County Zoning Ordinance;and
2) Documentation of an encroachment agreement with Progress Energy with
regard to the placement of proposed Building 10.
Z-922, 08/12 Page 3
Adopted this15th day of October, 2012. � 1/
//
�UNTY.
G 4/0'P . athan Barie rma
n F
0
Attest:
.
�
a
Sheila L.Schult,Clerk to the Board
FINDINGS OF FACT:
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.
A. Fire Service is provided by New Hanover County Fire Services.
B. Water and sewer are currently provided by CFPUA to the developed property, located at
115 Amaryllis Drive and currently capacity is available to service additional units, located
at 7641 Market Street.
C. As of December 2011 counts,the ADT of Market Street,between Alexander Road and
Amaryllis Drive has a volume of 43,275vpd; however,the capacity of the road is 43,700
vpd.Therefore,the LOS for the portion of Market Street fronting the subject properties
is E, meaning the roadway is operating at design capacity and traffic is experiencing
delays at intersections.The traffic impact worksheet,provided by the applicant,
estimates the additional 45 units will produce an AM peak of 23 trips and a PM peak of
28 trips.Therefore,a traffic impact analysis is not required.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. Conditional zoning districts are designed for firm development proposals and not
for tentative development. The proposal is to accommodate the addition of three
buildings and 45 residential units to an existing apartment complex, identified as
The Apartments at Three Oaks.The additional one bedroom units will be
constructed in three new buildings,totaling 30,000 gross square feet.The applicant
is also adding ninety parking spaces to accommodate the new units,consistent with
Section 81-1 of the zoning ordinance.
B. The proposal is located within the Special Highway Overlay District and
development; however,due to the residential nature of the proposal, it will not be
subject to the standards outlined in Section 59.6 of the Zoning Ordinance.
C. A community meeting was held on April 26,2012 at 6 pm in the club house of the
Park at Three Oaks.All adjacent property owners were notified of the meeting;
however,in attendance were the President of the Cape Fear Marine Group and
three individuals from the LMC group, Inc. Discussions focused on water and sewer
capacity.A second community meeting was held to accommodate tenants on
Thursday,September 13 at 6 pm in the clubhouse of the Park at Three Oaks. Nine
Z-922,08/12 Page 4
leaseholders were in attendance. Discussions focused on construction, unit
specifications,and traffic.
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. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
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 plan of development for New Hanover County.
A. The 2006 Land Use Plan Update identifies the subject properties as Transition and
Watershed Resource Protection. The Watershed Resource Protection area is the
portion of the property that is already developed.All new development would be
contained within the Transition area.
B. The 2006 CAMA Land Use Update encourages intensive urban development on
lands that are classified as Transition. Further, Policy 5.7 states the need to preserve
the character of the area's existing residential neighborhoods and quality of life.
C. Chapter 4 of the Market Street Corridor Plan acknowledges future development of
the subject site as a multifamily suburban neighborhood and encourages building
orientation toward the interior of the site with landscaped buffers between
surrounding development.
D. Chapter 6 of the Market Street Corridor Plan calls for the installation of sidewalks
the entire length of the corridor, between Colonial Drive and Porters Neck Road.
Z-922,08/12 Page 5
1
l �
SUP Book / ✓ Page 4k,5"
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
High Density Apartment Campus in a CD(O&I)Office&Institutional District
and R-15 Residential Zoning District
S-610, (10/12)
The County Commissioners for New Hanover County having held a public hearing on November 13, 2012
to consider application number 5-610 submitted by Design Solutions on behalf of Gordon Road
Development Partners, LLC to establish a 192 unit apartment campus at 8703 Stephens Church Road,
and having heard all of the evidence and arguments presented at the hearing, make the following
FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS FACT the following:
A. The use will not materially endanger the public health or safety where proposed and
developed according to the plan as submitted and approved.
B. The use meets all required conditions and specifications of the zoning ordinance.
C. The use will not substantially injure the value of adjoining or abutting property or that the
use is a public necessity.
D. 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.
2. All of the specific requirements set forth in Section 71-1 of the County Zoning Ordinance WILL
be satisfied if the property is developed in accordance with the plans and findings submitted to
the County Commissioners and attached as part of this special use permit.
3. 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 GRANTED subject to
the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in Sections
69.4 and 71 of the Ordinance for the proposed use, as well as the proposed and approved
site plan, and all other state or federal requirements.
B. In accordance with Section 71-1(4)of the ordinance,the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this
approval.
C. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
D. Additional Condition:
1. The petitioner make all practical efforts to work with the North Carolina Department of
Transportation (NCDOT) to improve the southernmost road intersection of US Highway
17 and Stephens Church Road by providing for a dedicated right turn lane for traffic
turning onto Highway 17 and to encourage the diversion of traffic from the intersection
to the northern or secondary access of Stephens Church Road to reduce traffic safety
concerns.
Page 1 of 2
Ordered this 13th day of November, 2012.
PI / /
1/41 1 o '
aw i .'ti J• athan Barfie .r, Chai an
o
i .4-N 9-
,Il�l�� o A es
fa H' y
.,' �- Sheila L.Schult,Clerk to the Board.1' . ---- ' \.._-% ...)\■,v 1
r��4lpbk',1`
Page 2 of 2
SUP Book page `7t ,
1
1
i COUNTY OF NEW HANOVER
> STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Convenience Food Store in an O&I Office and Institutional Zoning District
a S-606, (09/12)
The County Commissioners for New Hanover County having held a public hearing on November 13,2012
to consider application number S-606 submitted by Stephen Ohm,on behalf of Security Savings Bank, to
establish a convenience food store at 5511 Carolina Beach Road, and having heard all of the evidence
and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
i Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in
§ accordance with the plans and findings submitted to the County Commissioners and attached as
1 part of this special use permit.
i
i 2. 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 GRANTED subject to
the following conditions:
I
A. That the applicant shall fully comply with all of the specific requirements stated in Section
71 of the Ordinance for the proposed use, as well as the proposed and approved site plan,
I and all other state or federal requirements.
B. In accordance with Section 71-1(4)of the ordinance,the permit shall become null and void if
i construction or occupancy has not commenced within 24 months of the date of this
1 approval.
I C. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
1 D. Additional Conditions:
I
1. Site plan option 2 which shifts the facility south will be used as presented (see attached
I site plan),
2. The lighting impact will be mitigated through the use of a concrete wall in front of a
100%opaque buffering material in the form of twelve foot (12') Leyland cypress trees to
block light from the second story windows of adjoining residential homes located to the
rear of the petitioner's property.
I
I Ordered this 13th day of November, 2012. r -N
i 4 / /
vr1TY• .nathan Barf?r., hairman
p c-
oo a trop
y Attest:
,
t
%I.I.;\t■ --.-- 1 k 4.0±
1 i#, } , az Sheila L. Schult, Clerk to the Board
'4"'MU MA) Page 1 of 2
a
1
Findings of Fact:
1. The Board finds that the use will not materially endanger the public health or safety where
proposed and developed according to the plan as submitted and approved.
2. The Board finds that the use meets all required conditions and specifications of the zoning
ordinance.
3. The Board finds that the use will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity.
4. The Board finds 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.
Page 2 of 2