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HomeMy WebLinkAboutSpecial Use Permits 2007 suP1V. 1( . 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Commercial, Residential and Office uses in CD(B-1) and CD(O&I) Zoning Districts Z-853, 11/06 The County Commissioners for New Hanover County having held a public hearing on January 8, 2007 to consider application number Z-853 submitted on behalf of owner SENCA Properties for a special use permit to locate a mixture of commercial and residential development in a CD(B-1) Business District and certain office and institutional uses in a CD(O&I) Office and Institutional District, approved under companion rezoning action, said proposal being called "Scott's Hill Village" and located in the 9000 block of US 17/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 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Public water and sewer has been extended to the property by the developer, however, the area would currently be served by the Northeast Interceptor and would be influenced by the sewer connection moratorium in the short term. B. The property accesses an identified arterial with a recently improved Level of Service D, indicating that flow is now high density but stable after the completion of"super street" improvements. Internal circulation of traffic and external improvements to the existing roadway as shown in the traffic Impact Analysis anticipate mitigating further traffic impacts on the N. Market Street arterial. C. Fire Service is available from the Ogden Fire Department. D. The property is not located in a flood hazard area. E. Stormwater retention facilities have been included on the proposed site plan. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. This request is made concurrent with conditional rezoning to CD(O&I) and CD(B-1) as indicated on the site plan. B. The proposed uses will be limited to those listed on the approved site plan for each portion. C. Petitioner proposes up to 40 upper-story residential units within the CD(B-1)portion of the proposal. Z-853 D. Petitioner proposes off-street parking of 631 total spaces for the CD(B-1)portion and 898 spaces for the CD(O&I)portion. Parking for the upper-story residential units can be accommodated as dedicated or shared parking within the CD(B-1). E. Traffic circulation system will be via internal streets and driveways with three drive accesses to N. Market Street (US 17). A traffic impact analysis has been prepared for this project which includes certain recommendations to mitigate traffic impacts of the overall project. F. The property is subject to the Special Highway Overlay District (SHOD). G. A tree survey has been provided. The eventual method of protection or mitigation will be developed in compliance with Section 67 of the county ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Stormwater management systems must be designed in accordance with the county's ordinance in order to reasonably protect adjoining properties from off-site runoff impacts. C. Recent NCDOT "Superstreet" improvements along US 17 (Market Street) in this vicinity have demonstrated improved traffic flow. D. Recommended improvements outlined within the Traffic Impact Analysis for this project will be required. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Transition Classification, meaning an area where intensive urban development is anticipated and where services are or will be provided. B. Policies in the plan support mixed use projects away from sensitive areas and in the urban services area in order to reduce dependence on the automobile. C. An existing Conditional Use District with Office and Institutional use is currently approved and under construction adjacent to this proposal 6. 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 provisions of conditional rezoning and limitations of the attached site plan and the following additional conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. Z-853 B. 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. C. NCDOT and MPO technical staff must concur with the TIA recommendations for road improvements. D. Internal street system must provide adequate access and maneuverability to accommodate emergency vehicles to the satisfaction of County Fire Services. E. On the CD(O&I) tract, any hospital may only operate as a not-for-profit hospital, which provides health care regardless of a patient's ability to pay, consistent with federal and state guidelines. F. The project must include accommodation for public transit (buses). 7. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be issued within 24 months of approval or the action will be revoked. Ordered this 8th day of January, 2007 )aeAlt.w. C . Co,„ „ William A. Caster, Chairman Attest: \1■41\r,, 3$4.1)A- Sheila L. Schult, Clerk to the Board kik - 11* Z-853 Ply 1t COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A High Density Residential Development in CD(R-10) Zoning District Z-858, 12/06 The County Commissioners for New Hanover County having held a public hearing on January 8, 2007 to consider application number Z-858 submitted on behalf of owner Thomas L. Sellars, Sr. for a special use permit to locate a High Density Residential development in a CD(R-10) Residential District approved under companion rezoning action, said proposal being located at 6210, 6212, and 6224 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 71-1 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Private water and sewer provider will serve the property. B. The property accesses an identified arterial. C. Fire Service is available from the Myrtle Grove FD. D. The property is not located in a flood hazard area. E. Stormwater retention has been included in the proposed site plan and must meet the design standards of the County's storm water ordinance. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential. This request is made concurrent with conditional rezoning to CD(R-10)Residential District. B. The use as proposed by the applicant is limited to attached single family residential use and appurtenant garages and recreational facilities. C. Applicant has limited density for this project to 99 units on 8.57 acres, compared to 146 maximum potential density under the standard provisions of the ordinance. D. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 230 spaces compared to 192 spaces required. E. Petitioner states the project will provide 4.8 acres of improved recreational space compared to 1.7 acres required. F. Petitioner states the project will be developed with 62.3%open space. G. Petitioner states the maximum impervious surface for this project will not exceed 37.7%, compared to 50%allowed within the ordinance. H. Traffic circulation system will be via internal driveways and must provide adequate access for emergency service vehicles. I. A traffic impact analysis was not indicated by NCDOT for this project. Z-858 J. Buffer of at least 20 feet will be required along all property boundaries. K. A tree survey has indicated regulated trees that must be protected or mitigated as required in Section 67 of the zoning ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Stormwater management must perform in compliance with the requirements of the County ordinance. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. B. Policies in the plan support higher density transition areas when public services are available. Aqua North Carolina will serve the project. 6. 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 provisions of conditional rezoning and limitations of the attached site plan and Section 69.4 of the zoning ordinance. Ordered this 8th day of January, 2007 ,'4 '*' -/ William A. Caster, Chairman M Att � ' \kiAc. - LL Sheila L. Schult, Clerk to the Board Z-858 .s &LP /V, !!. 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING REQUEST FOR SPECIAL USE PERMIT S-572, 12/06 A 204 Child Development Center In An R-15 Residential Zoning District This matter came before the Board of Commissioners for hearing at its regular meeting on January 8, 2007. Based upon the Board's hearing on this matter, the Board renders the following FINDINGS OF FACT and draws the following CONCLUSIONS: FINDINGS 1. The board fmds that the use would materially endanger the public health or safety if Located where proposed and developed according to the plan as submitted and approved. A. Road improvements, which the Department of Transportation and County Planning Staff have determined are needed, at the intersection of Sanders Road, on which the proposed project would be located, and Carolina Beach Road, have not yet been installed. B. In the month of November 2006,between the hours of 7:30 and 8:30 AM,and 2:00 and 3:00 PM,a total of thirty-eight(38)traffic tickets were issued on Sanders Road,twenty-two(22)of which were for speeding in the Bellamy School zone. Bellamy School is a short distance from the subject site(this testimony was not rebutted). C. Petitioner's expert estimated that 1,016 trips per day would be added to Sanders Road if the use as proposed were to come to fruition. D. Unsafe traffic patterns currently occur very near the subject site, as shown by Pictures provided by those in opposition to the project,which would be made worse by the subject property under current conditions. 2. The Board finds that the use meets all required conditions and specifications of the zoning ordinance. A. There do not appear to be any technical deficiencies with the project, other than the failure to meet the conditions which must be met for a special use permit, described herein, which are also part 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. A. No substantial evidence has been presented that the proposed use will injure the value of adjoining or abutting property values, though the Board notes that if the present dangerous traffic situation on Sanders Road were made worse with the addition of this project, it is hard to imagine that any positive result with regard to property values could occur. 4. The Board finds that the location and character of the use if developed according to the plan as submitted and approved will not 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 conditions which exist currently on Sanders Road make the subject project an unwise addition at this time. B. The Board does not find that the use proposed would not provide a needed service in that area of the County, but simply that placing this use at this particular location, at this time, prior to the installation of improvements to the roadway infrastructure, would not be in harmony with that immediate area. C. Evidence of substance, in the form of pictures of actual unsafe traffic movements, and unrebutted reports of frequent speeding citations,has been presented which leads this Board to find that this project would not be in harmony with this immediate area. 5. Therefore,the County Commissioners,based upon their hearing on this matter,hereby DENY the request for a special use permit. Ordered this the 8th day of January, 2007. /3,4. a_ 043. ...„--, `�'��'�; William A. Caster, Chairman *0 . *.s... . Attest: . ' ' 2 A,\k \-— 'N 31,a.,. Sheila L. Schult, Clerk to the Board SLkPIV. It if COUNTY OF NEW HANOVER, NORTH CAROLINA ORDER DENYING REQUEST TO DEEM SPECIAL USE PERMIT VOID S-13 This matter came before the Board on January 8, 2007, for a determination regarding Petitioner David Ward's request that Special Use Permit Number 13, issued in 1971, for a bulkhead, boat ramp and pier at 1512 Burnett Road, be deemed void. Mr. Ward brought his request pursuant to New Hanover County Zoning Ordinance Section 109.1(e). After having heard Mr. Ward on this matter, the Board finds as follows: 1. Section 109.1 of the Zoning Ordinance states that "[a)ny site specific development plan approved by the County pursuant to this Ordinance shall terminate as follows: Subsection (e) states "[f]ollowing recommendation of the Planning Board and upon findings by the County Commissioners, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan. 2. The Planning Board, after a full hearing on the matter, unanimously recommended that the request to deem the permit void be denied. 3. The Board of Commissioners considered evidence produced by Petitioner for some time, after which it became apparent that little or none of which was direct, or first-hand evidence, and it furthermore became apparent that, even in the absence of evidence offered in opposition to the request, the Board would not be able to find that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan, in 1971. For this reason, the Board hereby DENIES Petitioner's request. Ordered this the 8th day of January, 2007. a . William A. Caster, Chairman Attest: ' t\v&M. , tqw:fro Sheila L. Schult, Clerk to the Board s Lt,P tV, COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A 7-Slip Community Boating Facility in an R-15 Residential Zoning District S-571, 12/06 The County Commissioners for New Hanover County having held a public hearing on February 5, 2007 to consider application number S-571 submitted by REIS, LLC for a special use permit to locate a Community Boating Facility in a R-15 Residential District located at 311 Trail's End 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 72-37 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. tr 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove Fire District. B. A private well will serve the dock facility. C. The project will be located in Whiskey Creek, which is subject to extreme tidal fluctuations D. Access to the site will be pedestrian from within The Bluffs at Trails End Subdivision, off Trail's End Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a community boating facility in an R-15 Residential District. B. The property has an existing pier and floating dock which applicant proposes to keep. C. The applicant proposed that no additional off-street parking will be needed,because parking will be accommodated on the individual lots served by the dock. D. The proposed community boating facility requests seven(7)boat slips with boat lifts to serve seven(7)proposed residential lots, which meets the required ratio of 1:1. E. A pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities,as required by the ordinance, are proposed for the facility. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type projects exist in other residential districts in New Hanover County. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. Water-dependent uses are appropriate. B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. C. The entire creek bank is surrounded by brackish marsh and a 75' COD setback has been identified on the plan. Whiskey Creek has a significant fluctuation in water body width and a severely limited channel width at low tide, making pier projects on individual residential lots complicated. D. Surrounding land uses include single-family housing, some with docks and piers. 6. 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 attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. 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. C. Other: 1) Deed restrictions should be placed on the 7 proposed lots in the proposed subdivision stating that no individual docks/piers will be allowed and only property owners and their guest may use the slips. 2) No overhead lighting should be installed. 3) Maximum number of slips cannot exceed 7. z: Ordered this 5th day of February, 2007 (1AT William A. Caster, Chairman Attest: , %\UAAtA.,- Sheila L. Schult,Clerk to the Board SL.00,i ✓. /2 . 2- COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A 10-Slip Community Boating Facility in an R-15 Residential Zoning District S-570, 12/06 The County Commissioners for New Hanover County having held a public hearing on February 5, 2007 to consider application number S-570 submitted by Colorado Coastal development, LLC for a special use permit to locate a Community Boating Facility in a R-15 Residential District located at Lot Number 33 in Seabreeze Sound Subdivision as depicted on the approved site plan 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 72-37 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Federal Point Fire District. B. Private water supply will serve the dock facility. C. The project will be located in Myrtle Grove Sound/Intracoastal Waterway, north of Snow's Cut. D. Access to the site will be pedestrian from within Seabreeze Sound Subdivision, off Seabreeze Road South. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a community boating facility in an R-15 Residential District under certain conditions. B. The property will build a permitted residential pier between lots 28 and 29 which applicant proposes to improve with 4 boat slips. This pier is not subject to the special use permit. The requested special use permit for an additional community boating facility will create 10 additional slips.The total sub-division has 36 platted lots. C. The site plan does not show any off-street parking, because applicant states that parking will be accommodated on the residential lots served by the facility. D. The proposed community boating facility proposes ten(10)boat slips to serve 10 non-specified residential lots of the 36 total lots in the subdivision,which meets the required ratio of not more than 1:1. E. A pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities are proposed for the facility,per the requirements of the ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I A. Similar type projects exist in other residential districts in New Hanover County. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term management and protection of significant, limited,or irreplaceable natural resources while also protecting the rights of the property owner. Water-dependent uses are appropriate. B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. C. CAMA permits will be required. D. Surrounding land uses include single-family housing, some with docks and piers. 6. 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 attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. 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. C. Other: 1. Deed restrictions or restrictive covenants are to be recorded in the chain of title for :4 lots 30, 31, 32 and 33, stating that no individual docks or piers will be allowed, other than the planned shared dock with 4 slips between Lots 28 and 29. 2. Slips may not be leased or sold and only property owners or their guests may use the slips. 3. The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve, as required by the ordinance. 4. No overhead lighting will be installed. Ordered this 12th day of March,2007 /3,0„...„. a ./, William A. Caster, Chairman Attest: u. " Sheila L. Schult, Clerk to the Board _5 u. P / v. 1 3. 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ADDENDUM TO AN ORDER GRANTING A SPECIAL USE PERMIT For A State Employees Credit Union in a Conditional District CD(B-1) Z-831, 03/06 The County Commissioners for New Hanover County having held a public hearing on April 2, 2007 to consider modification to the approved special use permit and site plan companion to a conditional district CD(B-1) originally approved on April 3, 2006, said proposal being located at 5830 Carolina Beach Road and 5535 Sanders 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 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The modified site plan will place the credit union building in a position that better facilitates circulation of cars through the drive-thru lanes. B. According to NCDOT,the required interconnectivity to Mott's Landing subdivision will conflict with required road improvements at the intersection of Sanders Road and Carolina Beach Road; therefore,removing that condition will enhance safety. C. The Village at Mott's Landing subdivision(for which interconnectivity was originally required) has been designed with road access to River Road, Sanders Road and Carolina Beach Road; therefore, ample connectivity exists without the driveway through the credit union site. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in a CD(B-1)Neighborhood Conditional Use Zoning District. B. A credit union is an allowed use in a CD(B-1)Neighborhood Conditional Use Zoning District. C. The proposed modification to the site plan meets the minimum requirements of the zoning ordinance for parking, setbacks,buffers, and landscaping. D. The original interconnectivity as shown on the site plan did not meet the county's standard for interconnectivity; therefore,removing the condition enhances the project's compliance with the zoning ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property. Z-831 Addendum 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The Village at Mott's Landing subdivision(for which interconnectivity was required)has been designed with road access to River Road, Sanders Road and Carolina Beach Road; therefore, removing the requirement for interconnectivity through the credit union site will not alter the character of the area and will be in full conformity with the land use plan 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the modification of the SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the modification of the SPECIAL USE PERMIT BE GRANTED subject to the provisions of conditional rezoning and limitations of the attached site plan and Section 69.4 of the zoning ordinance. Ordered this 2nd day of April,2007 i,.),;f2.Let ,.-. a.. e , William A. Caster, Chairman r • • qtA:\a■ ■•• ArA.\\- Sheila L. Schult, Clerk to the Board Z-831 Addendum 5ct, P 1,V . i3. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE AN ADDENDUM To Special Use Order for Case: S-118, (12/79) This order supplements and amends a special use permit originally issued December 12, 1979 for an emergency facility at 4550 Carolina Beach Road. 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, as modified, submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove Fire District. B. The emergency vehicle storage facility of approximately 10,200 sq. ft.will be located on the rear of the property as indicated on the approved site plan. C. A large percentage of the subject property is located in a 100-year floodplain,but the addition is proposed outside such areas. D. Access to the site is from Carolina Beach Road, a 4-lane divided arterial with median crossing at the ambulance entrance. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required } conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-15 Residential Zoning District. A Special Use Permit was issued in 1979 and further modified in 1981 for a rescue ambulance station in this location. B. All development standards of the ordinance must be followed.No additional conditions are outlined for these facilities. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. EMS projects exist in other residential districts in New Hanover County. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. C. Emergency services are an essential public safety necessity. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the high ground as Urban. The purpose of the Urban land classification is to provide for continued intensive development. B. The 2006 Land Use Plan Update recognizes that citizens and visitors depend upon the government to protect their lives and property during storms or other hazardous events. 6. 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, FF 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 the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. 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. C. Other: 1. All other applicable federal, state and local laws. Ordered this 2nd day of April, 2007. r ice t / 3'.•'. William A. Caster, Chairman Attest: „,J \1.1\o, Sheila L. Schult Clerk to the Board 5u P iU. 13. 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A 7-Slip Community Boating Facility in an R-15 Residential Zoning District S-574,03/07 The County Commissioners for New Hanover County having held a public hearing on April 2, 2007 to consider application number S-574 submitted by Barden/Taylor for a special use permit to locate a Community Boating Facility in a R-15 Residential District located at 231, 235 & 239 Trail's End Road (Whiskey Creek Overlook subdivision) 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 72-37 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove Fire District. B. A private well will serve the dock facility. C. The project will be located in Whiskey Creek, which is subject to extreme tidal fluctuations D. Access to the site will be pedestrian from within Whiskey Creek Overlook Subdivision,off Trail's End Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a community boating facility in an R-15 Residential District. B. The property has an existing pier and floating dock which applicant proposes to keep. C. The applicant proposed that no additional off-street parking will be needed,because parking will be accommodated on the individual lots served by the dock. D. The proposed community boating facility requests seven(7)boat slips with boat lifts to serve seven(7)proposed residential lots, which meets the required ratio of 1:1. E. A pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities, as required by the ordinance, are proposed for the facility. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type projects exist in other residential districts in New Hanover County. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term management and protection of significant, limited,or irreplaceable natural resources while also protecting the rights of the property owner. Water-dependent uses are appropriate. B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. C. The entire creek bank is surrounded by brackish marsh and a 75' COD setback has been identified on the plan. Whiskey Creek has a significant fluctuation in water body width and a severely limited channel width at low tide,making pier projects on individual residential lots complicated. D. Surrounding land uses include single-family housing, some with docks and piers. 6. 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 attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all other state or federal requirements. B. 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. C. Other: 1. Deed restrictions or restrictive covenants should conveyed in the chain of title on the 7 proposed lots in the proposed subdivision stating that no individual docks/piers will be allowed. 2. Boat slips will be positioned outside the channel width at low tide in order to allow for safe navigation by upstream residents. 3. No overhead lighting should be installed. 4. Private pedestrian access easement, as proposed from the street right of way to the dock for use by the residents of the subdivision, is required. 5. Slips are approved for the use and enjoyment of the owners of lots 1 thru 7 in the associated subdivision and may not be sold, leased or rented to others. Ordered this 2nd day of April, 2007 V IC.C#„,,,. a `C1∎2*,... William A. Caster, Chairman Attest: r�"•.cli��` q i1 Sheila L. Schult, Clerk to the Board Sup . 4- F } COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a High Density 50 unit Residential Development in a R-15 Zoning District Located at 4916 S. College Road S-575,3/07 The County Commissioners for New Hanover County having held a public hearing on February 2, 2006 to consider application number S-575 submitted by Roland Tilden, III for a special use permit to locate a High Density 50 unit residential development in a R-15 Residential District located at 4916 College Road (Myrtle Grove Village, Phase III) 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 and Section 69.4 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove Fire District B. City water and county sewer will serve the site. C. None of the subject property is located in a 100-year floodplain,and no other conservation resources are present. D. Traffic level of service on S. College Road is F, meaning traffic counts exceed the capacity of the roadway.Turning lanes are already in place for the entrance to Myrtle Grove Village(Prior Dr.). A recent Traffic Impact Analysis estimates that the proposed additional units will add a 1.4 second A.M. delay and a 2.5 second P.M. delay to the existing delay for vehicles exiting the property. E. No additional roadway improvements were recommended by the Traffic Impact Analysis. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-15 Residential Zoning District. High density development(up to 10.2 units per net acre)may be allowed by Special Use Permit under certain conditions in an R-15 Residential District. B. Access to the site is through Prior Drive off S. College Road, a 4-lane divided arterial. C. The New Hanover County Comprehensive Plan classifies the area as Urban. D. The proposal limits development to 50 residential rental units. E. Phases I and II of Myrtle Grove Village(70 rental units) are located within the City of Wilmington's jurisdiction. All internal property boundaries will be abandoned and tracts recombined into a single parcel, consolidating Myrtle Grove Village. F. Off-street parking as proposed will meet the requirements of the ordinance. G. A storm water detention pond has been planned for the site and will meet the standards of the county ordinance. H. Total impervious surface is proposed at 39.9%. The ordinance allows up to 40%. I. Total open space is proposed at 60.1%.The ordinance requires 35%. J. Improved recreational space is proposed at 17.8%. The ordinance requires 15%. K. Vegetative buffers will be installed adjacent to the existing residential properties. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Phases I and II of Myrtle Grove Village are fully developed with no diminution of value to the area. B. No evidence has been presented at the time of writing that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 2006 Joint Land Use Plan encourages higher density development to be located in urban areas where public services are already in place. B. Surrounding land uses include multi-family, commercial and limited single-family development. 6. 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 BEGRANTED subject to the following { conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. 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. C. Other: 1. All other applicable federal, state and local laws. 2. Since City water will be utilized, City technical specs may need to be incorporated into the plan. 3. Fire hydrants will need to utilize National Standard thread. Ordered this 2"d day of April, 2007 01,2s,&:.,), William A. Caster, Chairman Attest: \},L\ Sheila L. Schult, Clerk to the Board IV. 14. 1 1 I COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A 3,500 sq. ft. commercial building in CD(B-1)Zoning District 1 Z-863, 5/07 The County Commissioners for New Hanover County having held a public hearing on June 4, 2007 to consider application number Z-863 submitted on behalf of owner Dajo Corporation for a special use 1 permit to locate a 3,500 sq. ft. commercial building to be used for hardware, general merchandise or retail use in a CD(B-1) Conditional District approved under companion rezoning action, said proposal being located at 5705 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 71-1 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. i 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 1 In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Private well water will serve the property. B. A private septic system will serve the project C. The property accesses an identified arterial. D. Traffic counts increased by about 25%in the vicinity of this site between 2001 and 2005. E. Fire Service is available from the Myrtle Grove FD. F. The property is not located in a flood hazard area. G. Stormwater retention must meet the design standards of the County's storm water ordinance 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second 1 general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential District. This request is made concurrent with conditional rezoning to CD(B-1) Conditional Neighborhood Business District. B. The proposed use is limited to hardware, general merchandise or retail uses as listed on the site plan within one building of approximately 3,500 sq. ft. gross floor area. C. Petitioner proposes 9 off-street parking spaces, adequate to accommodate the range of uses listed based on 1 space per 400 sq. ft. of floor area. D. The only traffic access will be via Carolina Beach Road on a shared driveway with the , adjacent use to the south. i 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: Z-863 . 1 i 1 1 1 i A. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Applicant testified that no vehicular access will be established between the commercial area q and Rosa Parks Lane. 1 C. Stormwater management must perform in compliance with the requirements of the County ordinance. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if I 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I 1 A. The 2006 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. I 6. 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 provisions of conditional rezoning and limitations of the attached site plan and Section 69.4 of the zoning ordinance and the following additional conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the 1 Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all 1 other state or federal requirements. B. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be issued within 24 months of approval or the action will be revoked 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. i D. Other: 1. Applicant agrees that roof pitch shall be not less than 4 inches of rise for every 12 inches of run(4:12) in order to provide a more attractive structure along Carolina Beach Road corridor. n2. Applicant agrees to retain existing mature trees as shown on companion site plan 1 1 Ordered this 4th day of June, 2007 t 1 ; /0„.e9„;‘,... a Cc.,occ,,, William A. Caster, Chairman 1 I r Attest: a 1 A , r i ' S\ti_-\c., ... 3t,,J.4- I -0 ..,, . 1 Sheila L. Schult, Clerk to the Board F='°. i 301 Wt It ., 3 HE��t—if. FSi1RlI5 ‘ Z-863 1 1 1 S { COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Dwelling Unit Contained within a Principal Use G S-576, 06/07 1 The County Commissioners for New Hanover County having held a public hearing on July 9, 2007 to consider application number S-576 submitted by Archie McGirt, Monkey Junction Self-Storage, for a special use permit to locate a Dwelling Unit contained within a Principal Use, that principal use being a Eself-storage facility, in an AI Airport Industrial District located at 2306 North 23`d 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 1 Section 72-29 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 1 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. i In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 1 A. The subject property is located within the Wrightsboro Volunteer Fire District. I B. City water will serve the facility s C. County sewer is approved for the mini-storage project. D. A small percentage of the subject property is located in a 100-year floodplain. E. Access to the site is from N. 23`d St., an identified urban major arterial. F. NCDOT has issued a driveway permit. I 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second € general requirement listed in the Ordinance; namely that the use meets all required conditions and l specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 l A. The site is located in an Al-Airport Industrial Zoning District. A Special Use Permit allows a dwelling unit within a principal use in the AI District under certain conditions. B. The residence is only to be used by the resident manager and is intended to provide on-site security for the business in accordance with 72-29(2) of the ordinance. h C. The building provides a minimum 10 foot site yard and 20 foot rear yard in accordance with the provisions of 72-29(3)of the ordinance. I D. The site plan indicates unobstructed open space of 1,922 sq. ft., consistent with 72-29(4). E. The proposed office/residence use is proposed at approximately 3,000 sq. ft. gross floor area. The residence does not exceed 50% of the area in accordance with 72-29(5) of the ordinance. 1 F. The dwelling will be an upper story residence over the mini-storage office, consistent with k 72-29(6)of the ordinance. G. Off-street parking indicates 2 spaces for the residence in addition to the requirements for the 1 office use,in compliance with 72-29 (7) of the ordinance. H. A building layout plan is included with the site plan as required by 72-29(8) of the ordinance. l 4 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third 1 general requirement listed in the Ordinance; namely that the use will not substantially injure the value i I 1 S-576 I 3 i , of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Surrounding properties are industrial in nature. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: " A. The New Hanover County Comprehensive Plan classifies this location as Transition. The Transition Class is intended to provide for"continued intensive urban development on lands that have been or will be provided with necessary urban services. B. Surrounding land uses include the northside wastewater treatment plant,the airport and manufacturing use. 6. 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 attached site plan and the following conditions: 1 1 A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all other state or federal requirements. B. If any of the conditions imposed by this special use permit shall be held invalid beyond 1 the authority of this Board of Commissioners by a court of competent jurisdiction, then 1 this permit shall become void and of no effect. I Ordered this 9th day of July, 2007 g 1 ,> 7 William A. Caster, Chairman cp i Attest: ..S. \.. i og, .,,,‘A ..,,, t• .1,. T.,,,,,; _-. •,g,. .&C-IABLIe/ 1 Sheila L. Schult, Clerk to the Board 1 4 i 1 X i i 1 1 1 I 1 1 I S-576 i SuPiV, IS. A. i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA i ORDER TO ISSUE AN ADDENDUM t To Conditional Use CD(B-2) District Order for Case: i Z-696, (3/00; 10/05; 5/07) t This order supplements and amends a special use permit associated with a conditional use , district CD(B-2), Case No.Z-696, originally issued July 10, 2000 and subsequently amended 1 November 7, 2005 for a Mini-warehouse and specified commercial uses at 5044 Carolina Beach Road.A hearing was held on July 9, 2007 to consider evidence for further modification of the site plan and uses. i r 4 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, as modified, submitted to the County i Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use ! will not materially endanger the public health or safety if located where proposed 0 and developed according to the plan as submitted and approved. In support of this t conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is served by public water and sewer. B. The site has access from Carolina Beach Road 1 C. Fire service is provided by Myrtle Grove VFD I 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: , A. The development to date has been in accordance with the originally approved or modified permit. B. The original approval of the conditional district envisioned the commercial areas as a 1 potential public benefit to surrounding residential areas as well as a front visual buffer 1 from the storage area to the rear. This proposal modifies the premise of the original approval of the conditional district to that extent. C. The original conditional district was approved based on a specified developable area. That area has already been increased once to add more storage. Incrementally increasing i. the intensity of use changes the premise upon which the conditional district was originally offered and approved. D. The proposed total square footage of 130,762 constitutes a 15%increase over the originally approved project. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Sufficient setbacks, landscaping and buffering are currently provided for the existing development and surrounding residential property. Z-696,5/07 I 1 1 1 1 t 1 1 5. It is the County Commissioners CONCLUSION that the proposed use DOES satisfy the i fourth general requirement listed in the Ordinance; namely that the location and character i 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 i k of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I 4 i A. The site is located in the"Urban"land classification as defined by the 2006 CAMA Land i Use Plan. Intensive development and redevelopment of these areas is encouraged. ! . 1 , i 6. 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 , i GRANTED subject to the following conditions: i 1 A. That the applicant shall fully comply with all of the specific requirements stated in the i Ordinance for the proposed use, as well as any additional conditions hereinafter stated. i i B. If any of the conditions imposed by this special use permit shall be held invalid beyond t 1 the authority of this Board of Commissioners by a court of competent jurisdiction, then t this permit shall become void and of no effect. , ) , i C. Other: i. Additional buffering to protect the residential properties to the north will be 4 , provided. i ii. Storage units will not open toward the front of the property. i iii. Per the applicant's statement,this change will complete the site's 1 , development potential and no additional changes will be requested for this A ) property. t 1 ) iv. Per the applicant's statement,the wash facility will operate with a water i reuse system. i i Ordered this 9th day of July, 2007. i No- ; 1 0 4k- 4, ,, > ,,k-A 4 William A. Caster, Chairman 1 1 5 ,„r,. .t1 Attest: 3' sr* 1, 4 •4 STANLISO-• 4 4 .g \ta-J\i*. 4 •Qi\kij,)4' 1 Sheila L. Schult 4 1 Clerk to the Board , -. 1 i i i A 1 ,14 Z-696,5/07 I 1 1 1 Sa Pill is 3 1 1 i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA 4 I ORDER TO ISSUE AN ADDENDUM I To Special Use Order for Case: 1 S-345, (11/92); modification 6/07 1 1 This order supplements and amends a special use permit originally issued May 3, 1993 for a 1 Satellite Fire Station facility at 907 Porter's Neck Road. 4 1 i 1. The County Commissioners FIND AS A FACT that all of the specific requirements set 1 forth in Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is 1 developed in accordance with the plans, as modified, submitted to the County g Commissioners. 4 4 1 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use i will not materially endanger the public health or safety if located where proposed 1 1 and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i 1 A. The subject property is accessed via Sharaz(Syrah)Way to Porters Neck Road 4 B. New development in this area of the county has increased significantly since 1993, Icreating higher demand for emergency services. 1 C. Traffic from new residential subdivisions to the north often use Sharaz(Syrah)Way for 1 "cut-through"access to Porter's Neck Road. D. Residential staffing at the fire station will improve response times to this area of the I county. 1 1 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the , following FINDINGS OF FACT: , 1 A. The site is located in an R-20 Residential Zoning District. Government buildings may be allowed by special use permit. g B. The proposed residence is only to be used by the firefighters on duty. 1 C. No violations of the existing permit have been noted by code enforcement officials. D. Allowing clearing of undergrowth would not be counter to the intent of Condition 5 of 4 I the existing permit so long as trees remain in place and reasonable visual opacity is 4 I maintained. E. Off-street parking is shown in compliance with 72-29 (7) of the ordinance. F. A building layout plan is included with the site plan as required by 72-29(8) of the ordinance.The current storage area would be converted to accommodate 2 beds. 1 i 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. The residential component will be a conversion of existing second floor storage area and will not increase the overall size of the building, consistent with Condition 7 of the original permit. , i 1 B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 1 C. Providing 24-hour fire service could improve the ISO rating and thereby improve insurance rates for area residents. i 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies this location as Transition. The Transition Class is intended to provide for"continued intensive urban development on lands that have been or will be provided with necessary urban services. 1 B. Surrounding properties are residential in nature. C. The existing conditions regarding added setbacks and retention of trees and vegetation serve to promote harmony with the character of the area. 1 6. 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 I GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. 1 B. If any of the conditions imposed by this special use peanut 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. C. Other: 1. All other applicable federal, state and local laws. Ordered this 9th day of July, 2007. i 1 William A. Caster, Chairman Attest: /// 4-.-111-No 1 ■ �° y� 4'Tti \ \ � 4 4 1 Sheila L. Schult I Z � �o Clerk to the Board ,f , a. Z 1 la 1 7i,,,y "1 , �lL I 1 1 5 U P I V. l 5. LI COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE AN ADDENDUM 1 To Special Use Order for Case: 1 S-329, (3/91; 4/00; 8/03; 6/07) This order supplements and amends a special use permit originally issued in 1991, as subsequently modified in 2001 and 2003, for a Marine Research&Education Facility in an R-15 zoning district at 5600 Marvin K. Moss Drive. Having held a public hearing on July 9, 2007 to consider the application for amendment, and having heard all the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT amd 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, as modified, submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed expanded use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where I proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove VFD. B. The site is served by County Sewer and City water. C. Access to the site is from Masonboro Loop Road via the existing Marvin K. Moss Lane. According to the applicant's statement,the 15 foot private road(Holt Road)to the south will remain available to residential property owners for access to Masonboro Loop Road but will not be used by the Marine Science Center for access to its site. All emergency access will be from Marvin K.Moss Lane. D. The proposed expansion will provide additional land, a new bio-technology building and an oyster hatchery to the existing Center for Marine Sciences. E. The proposed expansion adds approximately 9.3 acres of development area to the existing 55.6 acre developed site. The additional acreage is located adjacent and south of the existing site and results in a new total of approximately 65 acres. F. The plan adds approximately 80,000 s.f of research, laboratory and administrative space to the facility G. Site clearing for the project will be limited to areas required for site construction. H. Applicant proposes"green"building principals to the extent possible 3. It is the County Commissioners' CONCLUSION that the proposed expanded use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The proposed expansion to the Marine Research Facility will be operated by the University of North Carolina at Wilmington's Center for Marine Sciences. B. The property is zoned R-15 Residential. Colleges,Universities, and related uses are permitted by Special Use Permit in the R-15 Residential District. C. The existing facility contains approximately 81,300 square feet of building floor area with 24,660 sq. ft.under construction. S-329 Modification 2007 i i D. The proposed new addition on the south side of the existing building will be a two-story structure containing approximately 80,000 square feet. E. Parking will be provided in accordance with Section 81 of the County's Zoning 1 Ordinance. F. A 50-foot buffer of natural vegetation will be preserved between adjacent property owners and the Marine Science Center. G. The Eastern portion of the site lies within the 100 year floodplain and there is Salt Marsh I that is regulated by the County Conservation Overlay District.No buildings are currently within this area and none are proposed. H. The center is consistently out of compliance with condition(3)below because the laboratory cannot function properly when that condition is imposed, according to comment from code enforcement official; however,the county's noise standard is not being violated. I. The Board of Commissioners approved the existing facility in 1991 and revised the permit in March 2001 with 4 conditions; the permit was again modified in September of 2003, adding conditions(5)through(9)below: (1) UNCW continue their commitment to work with the neighbors on " mitigating the noise concern emanating from the heating and cooling units. (2) Any additional proposed construction after the Board approval in 2001 will require a new special use permit. (3) Between the hours of 8:00 pm and 8:00 am, one heating/cooling unit will Ibe in operation. The unit will operate on low setting. (4) Noise readings will be monitored quarterly for one year by professional 1 technicians hired by UNCW. (5) All other applicable federal, state and local laws. (6) Stormwater Management shall comply with the County Ordinance (7) The additional parking areas shall remain unpaved 3 (8) All previous conditions shall remain 1 (9) The addition to the building shall not exceed 25,500 sq. ft. i 4. It is the County Commissioners' CONCLUSION that the proposed expanded use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public o necessity. In support of this conclusion, the Commissioners make the following i FINDINGS OF FACT: A. The proposed addition will maintain and/or improve visual and acoustical screening. B. Improvements to the site will all access from the Marvin K Moss Lane entrance. 1 C. Applicant indicates that community meetings will be held to inform and receive input from area residents. D. No evidence has been presented that this expansion will injure the value of adjoining or Iabutting property values. i 1 i 5. It is the County Commissioners' CONCLUSION that the proposed expanded use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. The site is classified as resource protection by the New Hanover County Comprehensive Plan.The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and S-329 Modification 2007 1 recreational resources. Compatible commercial and industrial development may be located within this class provided important resources are not adversely impacted. B. Several regulated trees exist on site. Efforts should be made to preserve these specimen trees or their removal be mitigated in accordance with Section 67 of the Ordinance. 1 6. Therefore, because the County Commissioners conclude that all of the general and specific 1 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 the Ordinance for the proposed use, as well as the approved site plan and any additional conditions hereinafter stated. I B. 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. C. Other: i 1. All other applicable federal, state and local laws. i Ordered this 9th day of July, 2007. i 23;11,;4A -..... a . e , IWilliam A. Caster, Chairman I Attest: ,. ‘), - "vo 0 lei, '-51 4., ,. ! ., •S• c% Sheila L. Schult 0 Clerk to the Board 3.0>, 1-,fs `kik -V *•;.- ,;,,,c,, •k-,7,,,,,s\-ki, , S-329 Modification 2007 COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Building Materials & Garden Supplies Store in CD(B-2) Zoning District 2-861, 4/07 i 1 The County Commissioners for New Hanover County having held a public hearing on September 4, 2007 1 to consider application number Z-861 submitted on behalf of owner Alliance Commercial Properties for a 1 special use permit to locate a Building Materials & Garden Supplies Store in a CD(B-2) Conditional Highway Business District approved under companion rezoning action bearing the same case number, said proposal being located at 8325, 8363 and 8365 N. Market Street, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the l following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is I developed in accordance with the plans submitted to the County Commissioners. i 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Public water will serve the property. B. County sewer will be required to serve the site C. Applicant will design, permit and construct a collective sewer system to serve the site per District specifications. D. A private well will be installed for irrigation. E. The property accesses Market Street, an identified arterial via the intersection of Market Street and Porter's Neck Road. F. Traffic counts decreased in the vicinity of this site between 2005 and 2006. G. Fire Service is available from the Ogden FD. H. The property is not located in a flood hazard area. I. Stormwater retention is identified on the site plan and must meet the design standards of the County's storm water ordinance. i 3 I 1 R 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i A. The property is zoned B-1 Neighborhood Business District. This request is made concurrent with conditional rezoning to CD(B-2)Highway Business District. I B. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 505 spaces compared to 411 spaces required.Ninety-four(94) spaces that exceed the requirement will be constructed of pervious paving material. C. Traffic circulation system will be via internal drives connecting to the extension of Porters 1 Neck Road as well as through the existing Porters Neck Shopping Center and must provide adequate access for emergency service vehicles. t I I Z-861 1 _ s i D. A traffic impact analysis was updated in 2007 for NCDOT for this project and street improvements will be required by NCDOT for congestion management. E. The Special Highway Overlay District applies to 2 sides of this property. Buffers as required in Section 59.6 must be provided. The applicant has provided renderings to depict the j approximate effectiveness of the proposed vegetative buffer to fully shield outside storage from view along the I-140 overlay. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Stormwater management must perform in compliance with the requirements of the County ordinance. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Transition,which provides for future intensive urban development on lands that have or will have urban services. B. Other commercial uses are prevalent in this vicinity, although none are of the magnitude of a regional superstore. C. The Site Plan proposes improving the Porters Neck Road extension to the Southwestern Property Boundary which would accommodate future expansion of Plantation Road as indicated in the Long Range Transportation Plan. 6. 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 provisions of the conditional zoning district and limitations of the approved site plan as well as the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as the approved site plan and any additional conditions hereinafter stated. B. 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. C. Other: 1. Applicant agrees to construct, at its cost, appropriate roadway infrastructure to create secondary access from the Lowe's site southward through the Porter's Neck Shopping Center to US Highway 17 (N. Market Street) as demonstrated on applicant's alignment plans# 1 and #2 dated August 28, 2007 (and as reproduced on the attached site plan). These improvements shall be constructed prior to issuance of a certificate of occupancy to the Lowe's building. 2. Applicant agrees to construct, at its cost,water and sewer infrastructure to the Lowe's site as approved by the County's engineer. Upon completion of the applicant's sewer infrastructure, Z-861 2 and pending connection to the county's wastewater system, applicant may temporarily connect to a private system pending completion of sewer improvements by the County. 3. Applicant agrees to install, at its cost, all offsite road improvements for its property as approved by the NC Department of Transportation. 4. All other State, federal and local regulations are applicable. Ordered this 4th day of September, 2007 t1� - e William A. Caster, Chairman Attest: S, Sheila L. Schutt, Clerk to the Board o 1 a A iz Z-861 3 I I .s MP/ V, ri. 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE AN ADDENDUM To Special Use Order for Case: i S-004, (1/77; 7/90); modification 9/07 1 1 This order supplements and amends a special use permit originally issued in January, 1977 for a 1 commercial marina facility at 2107 Middle Sound Loop Road. The permit was later modified in 1 July of 1990. As a result of property transfers, additional modification has been proposed to allow for reduction in size of the property encumbered for this section of the commercial marina from 1 2.01 acres to not less than 27,398 sq. ft. with the remaining acreage to be developed for single family residential building lots. Proposed lot number 2 will retain rights to exclusive use a future non-commercial single family boat ramp. A public hearing was held before the County Commissioners on October 1, 2007 to consider modifications to the existing approved permit, said hearing resulting in the following findings: 1 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, as modified, submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i A. The subject property is accessed via Middle Sound Loop Road, which is identified as an t urban collector on the 2030 Long Range Transportation Plan with Level of Service B. B. Public water is in the vicinity. C. Public sewer is subject to the Northeast Interceptor moratorium. D. The site is located in a special flood hazard area. I E. Stormwater controls must comply with state and county regulations. 1 F. A proposed 4-story clubhouse amenity will contain restrooms, offices, storage; meeting area and an apartment appurtenant to the marina operation. The building will be subject 1 to limitations and construction standards for flood hazard areas. G. The modification eliminates boatyard operations and maintains the facility without haul- ) out repair and maintenance services. A 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. The site is located in an R-20S Residential Zoning District. The district is intended for I low density single family residential use and does not permit mobile homes, duplexes, residential clusters, attached residential or high density residential uses. I B. Commercial marinas may be allowed by special use permit in this district under conditions outlined in 72-31 of the ordinance. A dwelling unit contained in a principal 1 use will be subject to the conditions of 72-29 of the ordinance. C. No outstanding violations of this portion of the existing permit have been noted by code enforcement officials. D. Proposed off-street parking is shown at 46 spaces. The requirement for the 30-slip marina is 30 spaces. The proposed clubhouse/amenities building will require adequate combined 1 parking to be in compliance with all requirements of the ordinance for all proposed uses. i I , 1 l i 1 I 1 E. A CAMA major permit is required from the Division of Coastal Management. Based on the most current proposal, a modification of the current applicant may be required. I4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the 1 third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public • • necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. No evidence has been presented that the proposed use will injure the value of adjoining • or abutting property values. I B. All riparian rights will be subdivided into and retained by the marina property. 1 1 1 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the I fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in 1 harmony with the area in which it is to be located and in general conformity with the plan I of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 1, 1 A. The New Hanover County Comprehensive Plan classifies this location as Watershed 1 Resource Protection and Conservation. The Resource Protection Class is intended to • provide for the preservation and protection of important natural, historic, scenic, wildlife • and recreational resource. Watershed Resource Protection sub-class focuses on • minimizing new impervious surfaces and to promote low impact best management 1 practices for development and redevelopment. The Conservation Class is intended to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management of these areas may be required for a number of reasons, including natural, cultural, recreational,productive or scenic values, but are primarily flood prone areas. B. Surrounding properties are the remainder of the original commercial marina(Oakwinds • Section) and single family residences. i 6. 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. Other: , 1. All other applicable federal, state and local laws and requirements. 2. Dry storage of boats will not be allowed. I I Ordered this 1st day of October, 2007. • I ..,$TY•A;-, /1,2:,ett..1,,.„ a_ c_,, , c,„,, ,, 4t. I �y William A. Caster, Chairman Q 7 Attest: T' Shei a L. Schult -4 00 0 Clerk to the Board 1 I 2 1 .5 Ut 1° IV. lI . 1 Z- 1 i i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A 7-Slip Community Boating Facility in an R-15 Residential Zoning District S-579,09/07 t The County Commissioners for New Hanover County having held a public hearing on October 1, 2007 to consider application number S-579 submitted by Generation Builders for a special use permit to locate a Community Boating Facility in a R-15 Residential District located in the waters of Whiskey Creek and associated with Masonborough Plantation Subdivision on Donnelly Lane 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 A 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 1 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 4 A. The subject property is accessed via Donnelly Lane to Masonboro Sound Road, which is identified as an urban collector road on the 2030 Long Range Transportation Plan with Level of Service B. B. The landward portion of the project is within the City of Wilmington municipal boundary (annexation was effective as of September 30, 2000). C. City Water and Sewer serve the area. D. Fire service will be provided by the City of Wilmington E. Stormwater will be regulated by the City of Wilmington. F. The facility is designed to accommodate 24 ft. and smaller boats stored in slips with lifts. =1 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and 1 specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located within the City's planning jurisdiction on the landward portion but Whiskey Creek remains in the County's jurisdiction, so county rules apply to the boating facility. B. The facility will serve a 22-lot subdivision within the City of Wilmington. C. Community Boating Facilities are allowed by Special Use Permit in the R-15 Residential Zoning District. D. Off-street parking will be accommodated at home sites in the subdivision. E. A 10-foot pedestrian easement will be provided and conferred to each owner for access to the community boating facility. a F. No commercial activities are proposed or allowed for the facility. 1 G. A CAMA permit will be required from the Division of Coastal Management 1 1 S-579, 09/07 1 I 1 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, 1 the Commissioners make the following FINDINGS OF FACT: 1 A. No evidence has been presented at this time that the proposed use will injure the value of adjoining or abutting property values. B. Other private docks and community boating facilities are located along Whiskey Creek. C. Whiskey Creek experiences a significant fluctuation in water body width and a severely limited channel width at low tide. Careful design is necessary to avoid navigational conflicts for other users of the creek. 1 1 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth • general requirement listed in the Ordinance; namely 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 In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: tA. The New Hanover County Comprehensive Plan classifies this location Conservation B. Surrounding properties to the east and west have docks. C. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. D. The waters of Whiskey Creek are classified as SA(Shellfishing); HQW(High Quality Waters) t 303(d) impaired water quality. E. Surrounding land uses include single-family housing, some with docks and piers. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions E 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 attached ) site plan and the following conditions: 1 1 1 A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all other state or federal requirements. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the 1 authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: (a) The right to use a community boating facility must be conferred by a properly recorded easement appurtenant to the residential lot(s) it is intended to serve. I (b) No commercial activities of any kind shall be allowed within the confines of the facility. (c) A community boating facility may be allowed in tidal waters in lieu of private individual docks provided they meet the following criteria. ) (d) Community boating facilities shall be designed and maintained without dredging in any SA waters, Outstanding Resource Waters(ORW) or Primary Nursery Areas (PNA). I (e) Use of facilities will only be allowed by residents of the subdivision in which the community 1 boating facility is constructed and such use may not be transferred to a non-resident or commercially let to a non-resident of the subdivision. (f) One boat slip may be allowed per residential unit up to a maximum of ten (10) boat slips per community boating facility. l 1 1 1 S-579,09/07 i 1 1 I I (g) Waterfront properties included within the subdivision are prohibited from constructing private docks. (h) A platted subdivision may not be further subdivided and qualify for an increased allowance of boating facilities over that entitled to the original platted subdivision. (i) A maintenance plan shall be approved by the City that includes best management practices to prevent, control, or minimize the entry of any substances that can be toxic to aquatic biota, pose a threat to human health, or degrade water quality. Such substances that shall be controlled include, but are not limited to paint chips or sandings, oil and grease, fuel, detergents, sewage and fish waste. (j) Community boating facilities are required to adhere to the following restrictions and best 1 management practices: 3 (1) Facility uses are limited to mooring, landing, and storage of boats. 1 (2) The number of boats maintained on the site may not exceed the number of mooring slips permitted. i (3) No boat maintenance and no boats with heads are permitted at any community boating facility. 1 (4) Exterior storage on the site is prohibited. (5) No underwater hull cleaning is permitted. l (6) Manage boating activities to decrease turbidity and physical destruction of shallow water habitat by restricting boater traffic in shallow water areas; establishing and enforcing no wake zones to decrease turbidity, shore erosion and damage. (7) No impervious surfaces will be allowed in association with a community boating facility. 1 Ordered this 1st day of October, 2007 A0,;•+ William A. Caster, Chairman i Attest: 3 1 \in I V 3 L•.47 r Sheila L. Schult, Clerk to the Board z I r `p :;,:k!;,,:, r 3, ESTABLISH\', ',.., Y k 1 I I 3 i I I I I S-579,09/07 il 1 3 I 1 5uP IV. ( 8 . 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA I ORDER GRANTING A SPECIAL USE PERMIT For A Nursing Home/Personal Care Facility in an R-15 Residential District 1 I S-578, 9/07 The County Commissioners for New Hanover County having held a public hearing on November 5, 2007 to consider application number S-578 submitted by Lutheran Services Health Care, for a special use permit to locate a Nursing Home/Personal Care Facility in an R-15 Residential District located at property currently addressed as 615 Piner Road, and having heard 1 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 72-9 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. i 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove Volunteer Fire District. B. Public water and sewer are located in the vicinity. l C. A portion of the subject property along the northern property boundary is located in a I 100-year floodplain D. Primary access to the site is proposed to be from Junction Creek Drive (a private street in Junction Creek Business Park) to S. College Road, an identified urban major arterial. Secondary access will be to Piner Road from Clayton Horn Dairy Road, an unpaved private right of way. E. Traffic generation as submitted by the applicant indicates trip generation under 100 peak hour trips per day, therefore, no Traffic Impact Analysis was required by the county for this review. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required 3 conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a hospital or nursing and personal care facility in these districts under certain conditions outlined in Section 72-9 of the ordinance. B. The proposed lot size is 15.13 acres, which exceeds the minimum requirement of 2 1 acres. i C. The proposed site plan shows the structure setbacks of at lease 50 feet as required by 1 the ordinance i D. An existing 40 foot drainage easement traverses the property. S-576 6" s r E. Off-street parking is shown at 108 spaces, which exceeds the requirements of Section 81-1 of the ordinance. z F. Buffers to screen the non-residential use from residential uses must meet the } minimum requirements of Section 67-4(2) of the ordinance, which says the buffer must be 50% of the required setback, or in this case, 25 feet. Other provisions of r , Section 67 also apply. L G. Stormwater is proposed to be provided by under-pavement infiltration basins and must meet the requirements of the County's Stormwater Ordinance. I 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the { third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I A. Surrounding properties are residential or Office & Institutional in nature. 1 } B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. f 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 6 } A. The New Hanover County Comprehensive Plan classifies this location as Transition and Conservation. The Transition Class is intended to provide for"continued # intensive urban development on lands that have been or will be provided with s necessary urban services. The purpose of the Conservation class is to provide for it effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management { of these areas may be required for a number of reasons, including natural, cultural, I recreational,productive or scenic values,but are primarily flood prone areas. I 1 6. 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 attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all other state or federal requirements. B. If any of the conditions imposed by this special use permit shall be held invalid 3 beyond the authority of this Board of Commissioners by a court of competent ' jurisdiction, then this permit shall become void and of no effect. C. In accordance with Section 71-1(4) of the ordinance, SUP, if issued shall become null and void if construction or occupancy of the proposed use as specified is not commenced within 24 months of the date of issuance. Limited 6-month 1 ' extensions are possible under the provisions outlined in the ordinance. , S-576 D. Other: 1. dumpsters will be serviced only between the hours of 8 a.m. and 5 p.m. 2. primary access will be to College Road with only secondary access to Piner Rd. = 3. Mallard Crossing Drive and Wood Ridge Rd. will remain stub streets with no connectivity to this project; and 4. that there must be two access points in place before certificates of 1 occupancy are issued. Ordered this 5th day of November, 2007 lam.- ect William A. Caster, Chairman Attest: `I t cp�}N}Y.4/0 \1.kXr- _ A ,444 ' �\ { Sheila L. Schult, Clerk to the Board uit! .iu b i 4Jrq�cistift�� 1 1 S-576 IV, IT . 2. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Recreational Water Access Amenities in CD(R-15) Zoning District Z-871, 8/07 The County Commissioners for New Hanover County having held a public hearing on September 4, 2007 to consider application number Z-871 submitted on behalf of owner Watertree Properties NC, LLC and Corbett Packaging Company for a special use permit to locate recreational water access amenities in a CD(R-15)Residential District approved under companion rezoning action bearing the same case number, said proposal being located off Brentwood Road on Parcel Number R04100-001-002-000, 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 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. hi support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Public water will serve the property B. The proposed restroom area must secure approval from the County's Division of Environmental Health to permit a septic tank. C. Access to the proposed recreational amenities will be from a proposed 85 lot subdivision. D. The number of boat slips may not exceed the number of lots within the subdivision served by the community boating facility. E. Pedestrian or vessel access is the only access to the facility. Vehicular traffic will not effect this proposal. F. Fire Service is available from the Wrightsboro FD. G. The property is located in a flood hazard area but the proposed uses are limited to water recreation types of facilities. H. Stormwater control is subject to the requirements of the County's stormwater ordinance. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned I-2 Industrial District. This request is made concurrent with conditional rezoning to CD (R-15) Conditional District for residential use. B. A community boating facility is allow with a special use permit in an R-15 zoning district. C. Petitioner proposes 85 boat slips to serve as a recreational amenity for an 85 lot subdivision. D. Traffic circulation is not applicable since this site is accessed only as a pedestrian or watercraft location. E. A traffic impact analysis is not required. F. Parking will be provided on individual lots associated with the boat slips. G. CAMA permits will be required. Z-871 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, 1 the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of adjacent parcels. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 2006 Update of the Joint CAMA Plan describes the purpose of the Conservation class as } providing for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management of these areas may be required for a number of reasons, including natural, cultural,recreational,productive or scenic values, but are primarily flood prone areas B. Water dependent amenities for residential subdivisions are in conformity with the policies of the CAMA Land Use Plan. 6. 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 provisions of the conditional zoning district and limitations of the approved site plan as well as the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as the approved site plan and any additional conditions hereinafter stated. B. 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. C. Other: • 1. No acreage from the proposed recreational areas may be used toward allowable residential density on this or any associated property. 2. No dwelling unit shall be permitted within the area of this rezoning. 3. Approval of the restroom facility on the high ground"island"is subject to approval of local and state permits for a septic system. Ordered this 5t'' day of November, 2007 William A. Caster, Chairman Attest: i;, � r�, ' \ , 1: Sheila . Schult, Clerk to the Board ' �' Z-871 2 .SUP IV. 18. 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO GRANT AN ADDENDUM To Special Use Order for Case: S-354, (8/93); modification 10/07 This order supplements and amends a special use permit originally issued September 7, 1993 for a Community Boating Facility(14 slips)at Windchase Subdivision. The County Commissioners,having held a public hearing on November 5, 2007 to consider approval of a proposal to add 4 boat slips to serve 4 new lots added to the subdivision, and hearing all the evidence presented,hereby make the following findings of fact: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and 72-37 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans, as modified, submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is accessed via Windchase Lane to Cabbage Inlet Lane to Masonboro Sound Road, which is identified as an urban collector road on the 2030 Long Range Transportation Plan with Level of Service B. B. The landward portion of the project is within the City of Wilmington municipal boundary because of annexation. C. Public Water and Sewer serve the area. D. Fire service will be provided by the City of Wilmington E. Stormwater will be regulated by the City of Wilmington. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located within the City's planning jurisdiction on the landward portion but the waterbodies remain in the County's jurisdiction, so county rules apply to the boating facility. B. The existing facility had 14 slips for 14 lots. Four additional lots have been incorporated into the subdivision.This request would add 4 additional slips to serve those new lots. C. Community Boating Facilities are allowed by Special Use Permit in the R-15 Residential Zoning District. D. Off-street parking will be accommodated at home sites in the subdivision. E. A 10-foot pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. Applicant states that individual dock rights of waterfront lot owners will be prohibited by restrictive covenants of the homeowners' association. G. No commercial activities are proposed or allowed for the facility. H. A CAMA permit will be required from the Division of Coastal Management S-354, (8/93); modification 10/07 Page 1 of 3 I. A variance was granted to this project by the Environmental Management Commission to allow expansion of a marina (CAMA definition) in Outstanding Resource Waters because the impact was deemed to be less than the alternative of a separate 1,000 foot long pier with 4 slips to serve the 4 new lots. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented at this time that the proposed use will injure the value of adjoining or abutting property values. B. Other private docks and community boating facilities are located along Whiskey Creek and Masonboro Sound. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies this location Conservation. B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. • C. The waters of Whiskey Creek are classified as SA(Shellfishing); HQW(High Quality Waters) 303(d)impaired water quality. This facility is located outside the watershed in the waters of Masonboro Sound ICWW D. Surrounding land uses include single-family housing, some with docks and piers. 6. 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 Addendum to 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 the Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all other local, state or federal rules that apply. B. 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. C. Other: 1. The following additional conditions shall apply: a. Community boating facilities shall be designed and maintained without dredging in any SA waters, Outstanding Resource Waters(ORW) or Primary Nursery Areas (PNA). b. Use of facilities will only be allowed by residents of the subdivision in which the community boating facility is constructed and such use may not be transferred to a non-resident or commercially let to a non-resident of the subdivision. S-354, (8/93); modification 10/07 Page 2 of 3 c. Waterfront properties included within the subdivision are prohibited from constructing private docks. d. Community boating facilities are required to adhere to the following restrictions and best management practices: (I) Facility uses are limited to mooring, landing, and storage of boats. (2) The number of boats maintained on the site may not exceed the number of mooring slips permitted. (3) No boat maintenance is permitted at any community boating facility. (4) Exterior storage on the site is prohibited. (5) No underwater hull cleaning is permitted. (6) Manage boating activities to decrease turbidity and physical destruction of shallow water habitat by restricting boater traffic in shallow water areas (7) No impervious surfaces will be allowed in association with a community boating facility. Ordered this 5th day of November,2007. ata • - C William A. Caster, Chairman Attest: C.\ \V\ C.\},ktA ` STY A/O w n Sheila L. Schult, Clerk to the Board 1 n z S-354, (8/93); modification 10/07 Page 3 of 3 5u P ►V, 14 ,14-- { COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE AN ADDENDUM To Conditional Use CD(R-20) District Order for Case: Z-838, (modified 11/07) This order supplements and amends a special use permit associated with a conditional use district CD(R-20), Case No. Z-838, originally issued 2006 for a performance residential community and marina at or near 2029 Deep Creek Run Rd. (formerly Turner Nursery Rd.) A hearing was held on November 5, 2007 to consider evidence to add 4.7 acres to the performance residential portion of the companion site plan. 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, as modified, submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The added property would be served by the southside treatment plant through the NEI which is currently under moratorium. Private sewer and private water will be provided by the developer. B. The property to be added is not in the 100-year floodplain. C. Access to the property is from Mason Landing Road via Middle Sound Loop Road. A new road called Nautica Yacht Club Drive will provide additional access to Mason Landing Road. D. Fire service is available from the Ogden Fire Department. E. The applicant stated that each property within the subdivision will be served by a wet slip within the marina approved under Special Use permit S-556. F. Applicant stated that if the ramp were allowed to remain in place for emergency purposes only, it could remain chained except when used for those purposes, 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The modified site plan shows a total of 34 residential units, the maximum number allowed if the entire 4.7 acre site were R-20S could be 35 units. B. The proposal increases the overall project area by 4.7 acres or about 40%. C. The amount of recreational space(common area) for the combined project exceeds the requirements of the ordinance. D. The amount of impervious surface is shown at the maximum of 25%. E. The parking requirement is satisfied. F. Additional buffering along the southern boundary toward Register Place Subdivision will be provided. ° 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially Z-838M, 11/07 injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted at the time of these preliminary findings that this project will decrease property values of commercial uses nearby. B. The land use on this new addition has been primarily vacant land within a Residential R- 2 0S zoning district. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2005 CAMA update identifies the additional area as Watershed Resource Protection B. Residential development at the proposed R-20 density occurs mainly in the surrounding area.The existing R-20S is established to foster an"exurban, low density lifestyle"where public services are not available. 6. 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 the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. 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. C. Other: 2. The project is subject to all federal, state and local requirements. 3. The following operating rules shall apply to the Marina: A. 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 of these general hours of operation. B. 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. C. 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 emergency situations. Any such evacuated boats and/or trailers may not be parked or stored on the jetty. D. Persons shall not be permitted to live on board boats at the marina for a period greater than seven(7) consecutive days. E. The use of the marina facilities shall be restricted to owners, their guests and invitees. Pz Z-838M, 11/07 3 F. No outside amplified paging or music system shall be utilized at the clubhouse or Marina complex except that live bands/music may be permitted at special events, no later than 10:30 p.m. G. The jetty shall be enclosed with a timber railing system on the north and south sides. H. Indirect security lighting shall be permitted, but no pole lighting shall be allowed. Ordered this 5th day of November, 2007. Q i a OPj W��N" "^ v'' ea,l,'64 p n William A. Caster, Chairman Attest: i/ 6j, oo 3� a Z 41 la �\ -4111.1%10 Sheila Sheila . Schult Clerk to the Board t Z-838M, 11/07