Special Use Permits 2011 4
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SUP Book I V ,Page c
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Fire Station in an R-15 Residential Zoning District
S-602, 12/10
The County Commissioners for New Hanover County having held a public hearing on March 14,
2011 to consider application number S-602 submitted by New Hanover County Fire Services, for
a special use permit to construct a fire station on 0.8 acres of the 42.55 acre tract located at 6101
Carolina Beach Road, an R-15 Residential Zoning District, 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.
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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 condition:
a 3
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.
Ordered this 14th day of March, 2011.
i r i
osrY• A . athan B B. ,e d, 'Chairman
co �o
,c,o
)1: s i Attest:
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. e l.4' s+EO� Sheila L. Schult, Clerk to the Board
Findings of Fact:
• 1)The use will not materially endanger the public health or safety if located and developed according to
the plan as submitted and approved;
2)The use meets all required conditions and specifications of the Zoning Ordinance;
3)The use will not substantially injure the value of adjoining or abutting property or that the use is a
public necessity;and
4)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.
•
SUP Book✓Page&at I
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Continuing Care Retirement Community(CCRC)Designation
S-603,5/11
The County Commissioners for New Hanover County having held a public hearing on June 6, 2011 to
consider application number S-603 submitted by Greenbrier Development on behalf of Plantation Village,
Incorporated, for a special use permit to obtain a Continuing Care Retirement Community (CCRC)
Designation in an R-20 Residential Zoning District at 1200 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 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans and fmdings 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
condition:
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.
Ordered this 6th day of June, 2011.
/V AO°
onathan : .sue.,Jr.,Chairman
Co uNT/'
<71- 4>,. . Attest:
4 \
• 133k
Sheila L. Schult, Clerk to the Board
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Findings of Fact:
1)The use will not materially endanger the public health or safety if located and developed according to
the plan as submitted and approved;
2)The use meets all required conditions and specifications of the Zoning Ordinance;
3)The use will not substantially injure the value of adjoining or abutting property or that the use is a
public necessity; and
4)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.
SUP Book___ Pa
C o rr e,c�+e4ge
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Telecommunications Tower in an R-15 Residential Zoning District
S-604,5/11
The County Commissioners for New Hanover County having held a public hearing on June 6, 2011 to
consider application number S-604 submitted by Thomas H. Johnson, Jr. on behalf of American Towers
and AT&T Mobility,for a special use permit to erect a 90' monopole telecommunications tower in an
R-15 Residential Zoning District at Parcel ID R02700-001-003-000, located at the end of Mabee Way,
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 fmdings 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, 11' IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
condition:
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) Mutual rescission of the lease between the applicant and the New Hanover County
School Board for a telecommunication tower at 225 Mabee Way; and
2) Extinguish Special Use Permit S-595.
Ordered this 6'h day of June,2011.
co i/t /17
04 T Y•No onath.f . vie ,,Jr., Chairman
R
o r o Attest:
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3,�ti t1t �,
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\ti.j\e. \-A0..\441)
Sheila L. Schuh, Clerk to the Board
1
SUP Book /Page 3
t COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For amendment of an existing residential use in a CD(R-15)Residential Zoning District
Z-838,Modified(05/11)
The County Commissioners for New Hanover County having held a public hearing on August 1,2011
to consider application number Z-838M submitted on behalf of owners Holman&Lackey and Masons
1 Landing Yacht Club a conditional zoning district and the requisite special use permit to amend an
existing residential use in a Contlitional District CD (R-15) Residential Zoning District approved
under companion rezoning action, said proposal being located at 7312 Mason Landing 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
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
1 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.
1 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:Relevant findings and conditions from November 5,2007 will remain
in effect for the resultant new conditional use district, including:
1
1) General hours of marina operation shall be 6:30 am to 9:30 pm Sunday
through Thursday and 6:30 am to 10:30 pm Friday& Saturday. Boats shall
only occasionally be permitted to depart from and arrive at the marina outside
ti
of these general hours of operation.
2) The jetty shall only be used for vehicular parking when residents and their
guests are accessing or using the boat slips and not for club activities or special
events.No boat trailers or storage shall be allowed on the jetty except during
emergencies as stated below.
3) Owners, their guests and the public may use the boat ramp to evacuate boats
from area waters during emergency situations. Federal, State, and local
authorities may use the boat ramp to launch and evacuate boats during
Z-838M Page 3
3
1
emergency situations. Any such evacuated boats and/or trailers may not be
parked or stored on the jetty.
4) Persons shall not be permitted to live on board boats at the marina for a period
of greater than seven(7)consecutive days.
5) The use of the marina facilities shall be restricted to owners,their guests and
invitees.
Adopted this 1st day of August,2011. / //
(0‘;"'Y*A. ',3 // Jonath. fie r, ∎r., Chairman
' ti Attest:
o 1 -i j\ o
Wtot\ok \....%%I.t\tjalk
ti � Sheila L.Schuh,Clerk to the Board
Z-838M Page 4
Findings of Fact:
1) The use will not materially endanger the public health or safety if located and developed
according to the plan as submitted and approved;
2) The use meets all required conditions and specifications of the Zoning Ordinance;
3) The use will not substantially injure the value of adjoining or abutting property or that the use
is a public necessity; and
4) The location and character of the use f 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.
{
Z-838M Page 5
SUP Book. ,../...Page g
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For the establishment of a remanufacturing of camshafts for small racing engines use in a
CD(AI)Airport Industrial Zoning District
Z-911(09/11)
The County Commissioners for New Hanover County having held a public hearing on September 6,
2011 to consider application number Z-911 submitted on behalf of owner,Michael Dwayne Edwards,
a conditional zoning district and the requisite special use permit to establish a remanufacturing of
camshafts for small racing engines use in a Conditional District CD (AI)Airport Industrial Zoning
District approved under companion rezoning action, said proposal being located at 3200 and 3204
North Kerr Avenue, 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: fi
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.
Adopted this 6th day of September, 2011.
;/
,v. J' a . Bar ;1 Jr Chairman
ike i Attest:
\.%4=\k k-
Sheila L.Schult,Clerk to the Board
Z-911 Page 3
. ..M.. s t...._.......';10::
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. Water is projected to be extended to the site by the end of 2012;however, there are no
plans for sewer extension at this time.
B. Fire Service is provided by New Hanover County Fire Services.
C. This proposal is outside of the flood hazard areas.
D. North Kerr Avenue is an urban principle arterial roadway. The ADT of N. Kerr
Avenue,between Castle Hayne Road and Blue Clay Road, has decreased from 8,936
(2010)to 8,864(2011).The N. Kerr Avenue/Blue Clay Road intersection has a
transitioning 2007 LOS of A and B. Meaning the traffic volumes are less than design
capacity and there is a stable flow of traffic.
E. There are no Conservation/Historical/Archeological resources on site.
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 proposed use of remanufacturing camshafts for
small racing engines and shipping to clientele is an industrial use that will not
have a significant adverse impact on the adjacent recreation center nor the single
family residence to the west.
B. Approval of the applicant's zoning text amendment last month ensures this
proposal's compliance of the Airport Industrial District requirements.
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 this area 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 4.2 of the 2006 CAMA Land Use Plan addresses the need to delineate
areas for industrial use while utilizing and maximizing existing infrastructure.
Z-911 Page 4
SUP Book 1 V Pa a
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For the establishment of a Recreational Vehicle RV and Boat Storage Facility use in
a CD (B-2) Highway Business Zoning District
Z-914(10/11)
The County Commissioners for New Hanover County having held a public hearing on
November 7, 2011 to consider application number Z-914 submitted on behalf of owner,
Archie McGirt,a conditional zoning district and the requisite special use permit to establish a
Recreational Vehicle (RV) and boat storage facility use in a Conditional District CD (B-2)
Highway Business Zoning District approved under companion rezoning action,said proposal
being located at 5050 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 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 include:
1. A privacy fence sufficient to also enhance neighborhood security shall be
utilized as part of the buffering option, and
2. The lot surface shall remain gravel so that the property might more easily
transition back to residential use if market conditions improve and demand
shifts in the future.
Z-914 Page 3
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3. As offered by the applicant, hours of access shall be limited to 7:00 a.m
through 9:00 p.m. to avoid undue disturbance of the peaceful enjoyment of
the surrounding neighborhood, consistent with the intent of Section 23-
34(b) of the County Code of Ordinances relating to unlawful noise-
generating activities in residential areas.
4. The installation of security cameras.
5. Placement of lighting in the middle of the parking area and equipping each
light with cones directing the light downward,minimizing the impacts on
adjacent residential neighbors.
6. Improve the inside radius of Archmill Drive to a standard to be determined
by the New Hanover County Engineer that is appropriate for RV's and
boats on trailers
Adopted this 7th day of November, 2011.
o�NTr.� //‘e
G
o onath. .r :A'Jr., Chairman
1- ='
6 i . Attest:
s \4;.\clv A.LJA
Sheila L. Schult, Clerk to the Board
Z-914 Page 4
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. Two locations are available for both water and sewer expansion to the
subject property; however, CFPUA will need to review any requests for
connection or extension. No buildings are proposed for the facility.
B. Fire Service is provided by New Hanover County Fire Services.
C. This proposal is outside of the flood hazard areas.
D. Jurisdictional wetlands have been identified;however, development will
occur at the front of the wetlands and propose no resource impacts.
E. Traffic counts are not provided for local streets;however, the ADT on
Carolina Beach Road, north of Antoinette Drive, has decreased from
34,842 (2010)to 29,835 (2011). The 2007 LOS for the Carolina Beach
Road/Archmil Way intersection is E,meaning the roadway is operating at
design capacity and traffic is experiencing delays at intersections. The
anticipated trip count for the proposed project is a weekday average of 2.5
trips. Therefore, no TIA will be required for the Monkey Junction RV&
Boat Storage proposal.
2. The Board must fmd 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. Monkey Junction RV and Boat Storage
is a firm development consisting of seventy-five (75) storage spaces over a
gravel lot. Adequate room is provided for vehicular circulation and
maneuvering. The project will be a stand-alone CD(B-2) conditional use
district directly adjacent to an existing CD(B-2) mini-storage facility,
owned and managed by the same entity. The applicant states that hours of
admission to the storage area will be limited,but does not state what those
hours will be. Access will be monitored by security video according to the
applicant materials.
B. The required community meeting was held on Wednesday, September 7,
2011 and neighbors who attended discussed lighting, security fencing,
visual buffering and potential property devaluation.
C. Required side buffers have been widened to 25'. Supplemental plantings
will be installed to assure the visual opacity regulations for separation of
uses. Streetyard and interior landscaping will be added to soften the views
from the street access and to further screen the use from adjacent
properties.
D. A grading permit will be required because the area of disturbance exceeds
one acre.
Z-914 Page 5
.
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 CAMA Land Use Plan Update identifies this area as Urban. The
purpose of the Urban Classification is to provide for continued intensive
development and redevelopment of existing urban areas.
B. Policy 4.3 discusses the need 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
uses do not diminish the quality of life in nearby residential areas. Policy
5.7 applies also, which states the importance of preserving the character of
the area's existing residential neighborhoods and quality of life.
Z-914 Page 6