Loading...
Special Use Permits 2008 SUP IV, (9 . 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Outside Boat and RV Storage in CD(I-1) Zoning District Z-878, 1/08 The County Commissioners for New Hanover County having held a public hearing on February 4, 2007 to consider application number Z-878 submitted on behalf of owner James & Melissa Vass for a special use permit to locate a outside boat and RV storage in a CD(I-1) Conditional District approved under companion rezoning action, said proposal being located adjacent to 2010 Capital Drive in the Murrayville Station Business Park on Tax Parcel R03400-003-005-000, 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 1 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 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B. The proposal is consistent with the policies relating to industrial use. C. Public utilities are available in the area. D. Access to the proposed expansion will be restricted by an existing security gate from Capital Drive.No access will be from Gordon Road. E. Capital Drive is a local street serving only the Murrayville Station business park. F. Fire Service is provided by Wrightsboro VFD. G. The property is not located in a flood hazard area . H. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on 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 property is zoned AR-Airport Residential and R-15 Residential District.This request is made concurrent with conditional rezoning to CD(I-1) Conditional District for industrial use. B. Petitioner proposes 135 outdoor storage spaces on the subject property. No buildings are proposed. C. Traffic circulation is not applicable since this site is accessed via the existing storage operation by a security gate. D. Drive aisles exceed the general width standard in order to accommodate maneuvering of boats and RVs. E. A traffic impact analysis is not required. Z-878 1 1 F. A vegetative buffer will be added as required by the ordinance. / G. All existing regulated trees will remain on the site. 4 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, 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. Outside storage will be located only within an existing fenced area,thus providing an 1 extended buffer from surrounding residential zoning districts. 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 s developed according to the plan as submitted and approved will be in harmony with the area in which 1 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 Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B. The proposal is consistent with the policies relating to industrial use. 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 Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all 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 1 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. 4 s Ordered this 4th day of February, 2008 1 s /6 4 I Robert G. Greer, Chairman 1 Attest: GOVN k NO ,QT I AJ..%) \..._.. 1 ...\k1-11A ';' It ■ Sheila L. Schult, Clerk to the Board ti ,- `° S Z-878 i i i .S P IV. 19 . 2- COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Child Daycare Facility up to 60 children in an R-15 Residential Zoning District S-580, 01/08 The County Commissioners for New Hanover County having held a public hearing on February 4, 2008 to consider application number S-580 submitted by Vicki Broussard for a special use permit to locate a Child Daycare Facility in a R-15 Residential District at 440 Horn 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 Sections 71-1 and 72-20 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 septic serves the property. B. The property accesses Carolina Beach Road, an identified arterial,by Horn Road a local street. C. Level of Service on Carolina Beach Road is rated as E,meaning the road is operating at capacity. D. Traffic Impact Analysis is not required because peak hour trips are estimated at about 65 trips. The threshold for TIA is 100 peak hour trips. E. Fire Service is available from the Myrtle Grove Fire Department. F. The property is not located in a flood hazard area. G. The proposed facility is an existing building historically used as a church. 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. B. Off-street parking requirements exceed the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. Applicant acknowledges that the play area must be enclosed by a fence with a minimum height of four feet. The site plan shows a play area to the west of the building. D. The day care will be licensed by the State of North Carolina. E. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. F. All other local, state and federal requirements must be met. 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 S-579,09/07 i q A 1 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: s A. Child care facilities exist in other residential districts in New Hanover County. The applicant , has been operating a home daycare in the neighborhood for several years. 1 B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan Update identifies this area as Urban. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs. C. Staff finds that these findings are positive and does not recommend conditions. 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: 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 1 federal requirements. 1 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. Ordered this 4`h day of February, 2008 1 1 '."1?-/At<5.-1,-"-- i Robert G. Greer, Chairman 1 i Attest: 1 Rv4 i\ l'), i ,,1,-\CA V._ % ik■11,),k' .. Sheila L. Schult, Clerk to the Board ,,, a 1 t.—Asti gat, 1 i t a 1 1g I S-579,09/07 1 i i ._su. to Li-. 20. I 1 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING i REQUEST FOR SPECIAL USE PERMIT I S-582, 6/08 I A Commercial Marina with forklift pier and dry stack storage of 200 boats In An R-15 Residential Zoning District (1512 Burnett Road) 1 1 The New Hanover County Board of Commissioners having held a public hearing on July 7,2008,to consider a request by Shanklin&Nichols LLP for Carolina Marina&Yacht Club(Tim Ward)for a special use permit to allow a commercial marina with forklift pier and dry stack storage for up to 200 boats, at 1512 Burnett Road, and having heard all of the evidence and arguments presented at the hearing, renders the following FINDINGS OF FACT and draws the following conclusions: i FINDINGS i i 1. The board did not conclude that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. i A. Aqua,NC cannot provide adequate water pressure for fire suppression. Alternate methods will be required though no explanation or alternate proposal for fire suppression was offered by the applicant. B. A letter submitted for consideration by a towing company suggests that proximity of the site to the poorly maintained Carolina Beach Inlet area is a hazardous location and could present conflicts between existing boat or barge traffic and new operations that drop boats into the channel of the 1 Intracoastal Waterway. C. Testimony at the hearing expressed concerns for the hazards of a forklift marina operation in an open- i water location without a"no-wake"zone. D. The Planning Board recommendation for denial included a conclusion that public safety would be at risk if the project were approved. 1 3 2. The Board did not find deficiencies in the site plan with regard to required technical conditions and specifications of the zoning ordinance for the use, except the fundamental requirements necessary for the issuance of a special use permit. 1 3. The Board did not conclude that the use will not substantially injure the value of adjoining or abutting property. i A. Conflicting testimony was presented by first person accounts as to the detrimental nature of dry stack storage marinas in proximity to single family residential homes. $ B. Conflicting testimony was presented by licensed real estate appraisers as to the detrimental or injurious nature of this type of use on the value of adjoining or abutting property. i i i S-582 6/08 1 1 I c f t 1 g 4. The Board found that the location and character of the use if developed according to the 4 plan as submitted and approved will not be in harmony with the area in which it is to be I located and in general conformity with the plan of development for New Hanover County. g tY p I A. In the judgment of the board and based on a preponderance of testimony from residents and t owners in the Tucker-Burnett Subdivision as well as the recommendation of the Planning Board, the location and character of the proposal as submitted would not be in harmony with the established single-family residential neighborhood. B. The size of the proposal is too large to be compatible with the neighborhood. C. The Board does not find that the kind of use proposed would not be beneficial in the County,but simply that placing this use at this particular location would not be in harmony with that immediate area. i 5. Therefore, the County Commissioners, based upon their hearing on this matter, hereby DENY the request for a special use permit. } Ordered this the 7t1 day of July, 2008. G S ?11.4-1S. ...t._ Robert G. Greer, Chairman O�r1TY•�O E C., 'Pi, w l)` i� , Attest: _ ,,,r ----,4, %\q,,%. %er ■ka,\- 1 '44.Anust,EO i Sheila L. Schult, Clerk to the Board I 1 r 1 1 } 1 1 S-582 6/08 2 1 1 3 rtPIV. moo . 2 g� d COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Community Boating Facility for 10 boats in an R-15 Residential Zoning District S-581, 06/08 } The County Commissioners for New Hanover County having held a public hearing on July 7, 2008 to consider application number S-581 submitted by Elliott Place HOA for a special use permit to locate a Community Boating Facility in a R-15 Residential District at 6510 River Vista Drive, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Sections 71-1 and 72-37 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 approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is accessed via River Vista Dr. off River Road,which is identified as an urban arterial road on the 2030 Long Range Transportation Plan with Level of Service C. B. The landward portion of the project is a small island of common area, accessed by a pedestrian easement into the subdivision. C. The docks are not served by water or sewer at this time. D. Fire service will be provided by the Myrtle Grove Fire Department E. Stormwater is not applicable to the docks. F. Water depths have not been verified by survey at the time of application. G. The CAMA permit indicates that the project is located in a primary nursery area. 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: A. The project is located within the Cape Fear River. B. The community has a deeded access easement through the county's marshland property to the River(DB 2686,P 746) C. Community boating facilities are allowed in R-15 zoning districts with a special use permit under certain conditions. 5 D. The facility will serve a 10-lot subdivision called Elliott Place,with one slip deeded to each lot, consistent with Sec. 72-37 of the zoning ordinance. E. A total of 10 boat slips will serve the exclusive use and enjoyment of property owners in Elliott Place subdivision, in accordance with the definition of community boating facility included in the 2006 CAMA Land Use Plan. The HOA Declarations dated January 6, 2005 specify that slips are for lot owners of the Elliott Place subdivision. F. A CAMA permit#170-04 for a total of 10 slips was issued from the Division of Coastal Management on April 29, 2005. G. Off-street parking will be accommodated at home sites in the subdivision. Access to the dock is not vehicular. 1 1 s I I i t H. A 10-foot pedestrian easement is provided and conferred to each owner for access to the 1 community boating facility. I. No commercial activities are proposed or allowed for the facility. I t 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third 6s 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 A. No evidence has been presented at this time that the proposed use will injure the value of 6 adjoining or abutting property values. B. Other private docks and community boating facilities are located along the Cape Fear River. C. The community's deed restrictions disallow individual docks and piers. 6 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth 1 general requirement listed in the Ordinance; namely that the location and character of the use if a 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. Surrounding land uses include a public park, single-family housing and multi-family housing. 6 3 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 s site plan and the following conditions: 1 i 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 F federal requirements. 1 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. s C. Additional Conditions: If 1. No overhead lighting will be installed 2. All outstanding violations associated with unauthorized activities ' will be remedied within 6 months of approval or the permit will be revoked. r � Ordered this 7t''day of July,2008 6 UNTY. X44 1 °?�, , i 0 1" Robert G. Greer, Chairman I 2 r '��° a2 Attest: '466 J1,, - ■ %\j4),\L, \...--- . Sheila L. Schult, Clerk to the Board 2 1 1 I -.5qPIV1 ),I . 1 COUNTY OF NEW HANOVER , i STATE OF NORTH CAROLINA , ORDER GRANTING A SPECIAL USE PERMIT ) ! For Veterinary Office in CD(O&D Zoning District ; i i Z-889, 7/08 1 The County Commissioners for New Hanover County having held a public hearing on August 4, 2008 to i , consider application number Z-889 submitted on behalf of owner Greenhouse Properties, LLC for a I special use permit to locate a Veterinary Office in a CD(O&I) Conditional District approved under i 1 companion rezoning action, said proposal being located at the southeast corner of Carolina Beach Road , , and Manassas Drive on Tax Parcels R07906-005-020 and R07906-005-021, and having heard all of the ; evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the ; following CONCLUSIONS: , ; 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in i 1 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 i 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general 1 . 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. 11 In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 1 A. Private well water will serve the property. B. A private septic system will serve the project ' ; i C. The property would access a local public street. i i D. Traffic counts decreased on Manassas Dr. between 2003 and 2006 but increased on i Carolina Beach Road by about 8%in the vicinity of this site between 2003 and 2006. 1 ! E. Traffic circulation system will be awkward with respect to proximity of the driveway to the intersection with Carolina Beach Road and the limited stacking capacity at the 1 median break proposed on Manassas Dr. F. Fire Service is available from the Myrtle Grove FD. , ; G. The property is not located in a flood hazard area. ; H. Stormwater retention is not shown on the site plan.The parcel is under one acre but Iwould still be subject to review under the County's storm water ordinance. 1 1 1 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second i 1 general requirement listed in the Ordinance; namely that the use meets all required conditions and i specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF I FACT: A. The property is zoned R-15 Residential District. This request is made concurrent with iconditional rezoning to CD(O&I) Conditional Office& Insitutional District. i B. The proposed veterinary use is allowed by special use permit in O&I districts. 1 1 C. Office&Institutional uses are viewed as transitional uses between residential and higher , ; intensity uses. i i D. Petitioner proposes 20 off-street parking spaces which exceeds the requirement of 12 spaces. i E. Stormwater management is influenced by the water quality classification of the watershed. 1 , 1 ; 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third 1 1 I 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 1 1 1 ; 1 i ; 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 stormwater 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. This site does not have those services. B. The residential character in this area is clearly delineated. Low-country design of the building is proposed by the applicant to be harmonious with the surrounding residential area. 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 Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all 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 C. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. D. No outdoor kennels are allowed E. Uses are limited to Veterinarian and Kennels with indoor pens only F. Hours are limited as specified by applicant to 8-6 Monday through Friday and 8-12 on Saturday. G. Utilize Low country design of the building as presented by the applicant. H. Lighting to be contained on site as noted on the site plan. Ordered this 4th day of August, 2008 ‘t-ATY•A, 0 ,vo c, 4)), Robert G. Greer, Chairman 4k- \ n 0 4k11-1—e, Attest: • , oa 1 • At yk Sheila L. Schult, Clerk to the Board 2 subiv. 1 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA I ORDER GRANTING A SPECIAL USE PERMIT 1 For A Community Boating Facility for 53 boats in an R-20 Residential Zoning District S-583, 07/08 The County Commissioners for New Hanover County having held a public hearing on August 4, 2008 to consider application number S-583 submitted by Tom Johnson for Rockford Partners, LLC for a special use permit to locate a Community Boating Facility in a R-20 Residential District off Alvemia Drive to serve the Sunset Reach Subdivision, and having heard all of the evidence and arguments presented at the 1 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 Sections 71-1 and 72-37 of the County Zoning Ordinance WILL be satisfied if the property is 5 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 1 requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i A. The subject property will be accessed via pedestrian and golf cart easements between lots 1 and 2 g and lots 18 and 19 on Alvemia Drive South, a new local street in the Sunset Reach Subdivision. B. The docks will be served by water and a pump out facility. C. Fire service will be provided by the Wrightsboro Volunteer Fire Department j D. Stormwater is not applicable to the docks. E. Water depths have been shown on a map separate from the site plan. 1 F. The site is located in a primary nursery area. I 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 1 specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF 1 FACT: A. The project is located within the Northeast Cape Fear River. i B. Community boating facilities are allowed in R-20 zoning districts with a special use permit under certain conditions. C. The facility will serve a 53-lot subdivision called Sunset Reach,with slips available only to lot owners,consistent with Sec. 72-37 of the zoning ordinance. i I D. A total of 53 boat slips will serve the exclusive use and enjoyment of property owners in Sunset Reach subdivision, in accordance with the definition of community boating facility included in the 2006 CAMA Land Use Plan. E. Off-street parking will be accommodated at home sites in the subdivision. Three additional parking spaces will be provided near the southernmost access to allow for loading and unloading F. One 23-foot access easement and one 20-foot access easement is provided and conferred to each owner for access to the community boating facility. G. No commercial activities are proposed or allowed for the facility. 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 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 f I a 1 , , , i! ' ; A. It is the No evidence has been presented at this time that the proposed use will injure the value of ; 1 ; adjoining or abutting property values. ■ i B. The community's deed restrictions disallow individual docks and piers. C. According to the applicant,the mean high water line as been delineated by his environmental i ; consultant. Although the pier appears to cross the adjacent property not owned by the applicant, I the waters of the state cannot be claimed by the adjacent owner. 1 5. 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 i I 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 New Hanover County Comprehensive Plan classifies this location Conservation i B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust i waters. 1 C. Surrounding land uses include very low density residential and vacant land. ! i 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions i precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that 1 the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: i 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. i B. If any of the conditions imposed by this special use permit shall be held invalid beyond the i i authority of this Board of Commissioners by a court of competent jurisdiction, then this permit I shall become void and of no effect. i , C. In accordance with Section 71-1(4) of the zoning ordinance, this permit will become null and 1 void if construction is not commenced within twenty-four(24)months of the date of issuance. i , D. Additional Conditions: 1 ] 1. No overhead lighting will be installed • 2. Subject to final determination and confirmation of the location of the , 1 riparian corridor. i' 1 I Ordered this 4th day of August,2008 i Vtiti6 4ti - 11 x.\-4TY-A, i cp 1 '1'0 Robert G. Greer, Chairman s- 4 .. 1 0 *OKIII. E Attest: ,441 ; ---- I- II ilm „,. ; Sheila . Schtlt, Clerk to the Board .47:4susitto 1 , i I , 1 I I 2 I i 1 4 # E i t I e SUP Book,,,a.Page 2 2. 1 COUNTY OF NEW HANOVER t STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Nursing and Rehabilitation Center in CD (O&I) Zoning District i Z-890, 10/08 i The County Commissioners for New Hanover County having held a public hearing on November 10,2008 3 to consider conditional rezoning application number Z-890 submitted on behalf of owner Cornelia Nixon Davis Healthcare for a special use permit to expand the existing facilities in a CD(O&I)Conditional District approved under companion rezoning action, said proposal being located at 1011 Porters Neck Road, and x having heard all of the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1, 72-9, and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is Ideveloped 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 1 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 utilities are available to the site B. Fire Service is provided by Porter's Neck FD, which is adjacent to the facility. C. The property is not located in a flood hazard area D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. i E. Traffic circulation will be improved by slight adjustments in the driveway access. A traffic I impact analysis is not required because peak hour traffic generation will remain well below the 100 trip threshold i 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: E A. The 2.64 acres to be added is currently vacant land zoned R-20 Residential.This request is made concurrent with conditional rezoning to CD (O&I) Conditional District for expansion of the existing nursing home/personal care use B. The required community information meeting was held for surrounding property interests on 1 September 2, 2008 by the applicant prior to submission of this request. C. The lot size exceeds 2 acres, as required by Sec. 72-9. D. Proposed setbacks are greater than 50 feet from surrounding residential properties. E. Buffers exceed the requirements of the ordinance. 3 . 1 Z-890 Page 3 of 4 s 1 a g 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. Though not a specific public necessity, the use is a public benefit to elderly and disabled residents. 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 Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B. The proposal is consistent with the policies relating to housing of special populations. 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 and all 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 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. Ordered this 10th day of November, 2008 „Ty., c., 4 Robert G. Greer, Chairman o OK, Attest: ' 1 ,\■114 Igt 'fs,AUSt+O Sheila L. Schult, Clerk to the Board Z-890 Page 4 of 4 SUP Book I.,Pape,. 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Mixed Use Commercial Center in CD(O&I) and Movie Theater with limited Mixed Use Commercial in CD(B-2) Zoning Districts Z-891, 11/08 The County Commissioners for New Hanover County having held a public hearing on December 1,2008 to consider conditional rezoning application number Z-891 submitted on behalf of owner Atlantis Holding, LLC and others for a movie theater and limited mixed commercial uses in CD(B-2) Conditional District and limited mixed commercial uses in CD(B-1)approved under companion rezoning action,said proposal being located south of St. Andrews Drive and east of Carolina Beach Road as described in the companion map amendment and the site plan here attached, 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 utilities are available to the site. B. Fire Service is provided by the Myrtle Grove FD. C. The property is not located in a flood hazard area D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. E. A traffic impact analysis was prepared for this proposal, indicating that the right in-right-out driveway for the CD(B-2) portion will require a turn lane, and internal turn lanes will need to be added exiting the parking lots onto Matteo Drive. F. New collector streets as shown on the site plan, and other congestion management improvements as required by NCDOT have been installed at the site. Page4of6 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. Approximately 25 acres of the site is currently vacant land zoned CD(B-1) and the 4.5 acre proposed addition is residential land zoned R-15 . This request is made concurrent with conditional rezoning to CD(B-2) for 11.77 acres in order to add a 2,626-seat movie theater to the list of allowable uses, and CD(B-1) on the remaining 18 acres.. B. A table of allowed uses for each zoning portion has been included on the proposed site plan. C. Parking is proposed at 1,393, which exceeds the minimum requirements of the ordinance by 162 spaces. D. Community information meetings were held by the applicant for surrounding property interests on 4 occasions prior to the Planning Board meeting. E. Buffers will meet or exceed 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: 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 Urban class as providing for continued intensive development and redevelopment of exiting urban areas where urban services are in place or scheduled within the immediate future. B. The proposal is not inconsistent with the policies relating to mixed use developments in proximity to the populations they serve. Page 5 of 6 1 1 rf i A 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 additional conditions stated i below and all other state or federal requirements. 1. Improve roundabouts in Belle Meade Plantation subdivision by installing raised, reflective devices to slow traffic. 2. Install 3-way stop at the intersection of Pine Hollow Drive and Split Rail Drive in the Johnson Farms subdivision. 3. Stripe standard bike lanes along Pine Hollow Drive in the Johnson Farms subdivision. 4. Improvements should meet NCDOT standards so that future acceptance for maintenance will not be compromised. 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 may be revoked 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 Ordered this 1st day of December, 2008 s A '' vt.1TY --.----A, _A"...__ke Gp } °'P Ted Davis, airman f O ,-,i,1 n V� i Attest: v .� I 2 t ce Z^ J•ABLI5to, 1 \1■1.,.4\e„, ' A,IA Sheila L. Schult, Clerk to the Board i Page 6 of 6 • SUP Book IV Page -1 3. 2. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Child Daycare Facility up to 144 children in an R-15 Residential Zoning District S-531,Modified 12/08 The County Commissioners for New Hanover County having held a public hearing on December 1, 2008 to consider application number S-531M submitted by New Hanover County School System for a special use permit to modify the permit and site plan of an approved Child Daycare Facility in a R-15 Residential District at 4905 S. College Road, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Sections 71-1 and 72-20 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 serves the property. B. The property accesses S. College Road, an identified arterial through a single driveway. C. Level of Service on S. College Road is rated F meaning the traffic exceeds capacity. D. Traffic Impact Analysis is not required because peak hour traffic generation for the added students is below the 100 peak hour trip threshold for TIA. E. Fire Service is available from the Myrtle Grove Fire Department. F. The property is not located in a flood hazard area. G. The facility is an existing daycare. H. Total area of the site is 4.04 acres. 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. { B. The existing special use permit was issued in July 2005 for up to 100 children and includes several conditions. The school system has acquired the property and desires to continue a daycare use but wishes to increase allowed enrollment up to 144 students.The family life center originally shown on the approved site plan is no longer planned for the site. C. Off-street parking requirements meet or exceed the requirements of Article VIII of the New Hanover County Zoning Ordinance. D. The play area must be enclosed by a fence with a minimum height of four feet. The site plan shows a play area to the west of the building. E. The day care is licensed by the State of North Carolina. F. Pre-existing signage in excess of the standard allowable 2 sq. ft. is already in place at this site. G. All other local, state and federal requirements must be met. 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 z, S-531 M(11/08) } 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. Child care facilities exist in other residential districts in New Hanover County. The location has facilitated an operating daycare for several years. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Surrounding property is zoned R-15 C. An existing stormwater pond is located on site. Overall imperious area would be reduced by the elimination of the family life center from the permit. 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 Update identifies this area as Transition, which provides for future intensive urban development where necessary services are provided. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs, but Policy 4.1 encourages designation of sufficient land area and suitable locations for the various land use types. Growth in our area has increased demand for child care services. 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 the additional conditions stated below and all other state or federal requirements. 1. The gate located at the rear of the daycare facility and adjacent to Foxwood Lane will be utilized for emergency access purposes only. 2. Operating hours for the daycare facility will be 6 a.m. to 6 p.m. 3. Lighting around the daycare facility will not be intrusive to adjoining property. 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. Ordered this 15t day of December, 2008 = vrlTY. Ci .'0,p), {tei Ted Davis, Jr., rman r s `jwj\ o e C Attest: Sheila L. Schult, Clerk to the Board S-531M(11/08)