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Special Use Permits 2009 SUP Book Page____I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Child Daycare Facility up to 8 children in an R-15 Residential Zoning District S-585, 12/08 The County Commissioners for New Hanover County having held a public hearing on January 5, 2009 to consider application number S-585 submitted by Cheryl Ruth Aguilar for a special use permit to locate a Child Daycare Facility in a R-15 Residential District at 305 Godfrey Court, 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 is located in a residential cul-de-sac and accesses River Road or Cathay Road via Lipscomb Rd, a residential local street. C. Level of Service on River Road is rated C/D in this vicinity, meaning the traffic flows relatively freely. 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 in-home daycare for 5 children. 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. A variance was issued by the Board of Adjustment on 10/28/08, relieving the off-street parking and circulation requirements of the ordinance for this location. The lot dimensions in this cul-de-sac lot will not accommodate the requirements. C. The play area is enclosed by a fence with a minimum height of four feet. 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 4 of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, 5 the Commissioners make the following FINDINGS OF FACT: 1 t $ A. Child care facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. Surrounding property is zoned R-15. 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. C. A petition from six neighboring property owners in support of the request was presented with the applicant materials. 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. "After-school" students will be picked up at school primarily by the daycare provider. Ordered this 5th day of January, 2009 GO��.1TY•NO p � Ted Davis, Jr., C rman } � �_ � Attest: %\b-,\CA -%& Sheila L. Schult, Clerk to the Boa d 2 SUP Book 1V Page 02 4, a. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Singlewide Mobile Home in a RA Rural Agricultural Zoning District S-586, 1/09 The County Commissioners for New Hanover County having held a public hearing on January 5, 2009 to consider application number S-586 submitted by James Bordeaux for a special use permit to locate a singlewide mobile home in a RA Rural Agricultural Zoning District located at 3909 Lynn Avenue, Castle Hayne, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans 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 on an existing tract with a double-wide to be replaced with this proposed single-wide home. B. An individual septic tank and well currently serve the site. Environmental Health Department must inspect the systems prior to building permit issuance. C. Access to the property is from Lynn Avenue, a local road that intersects with Castle Hayne Road, a major arterial with a Level of Service E. Average daily traffic decreased on Lynn Avenue between 2004 and 2005. D. Fire Service is available from the Castle Hayne VFD. E. The property is not located within a flood hazard area. 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 RA-Rural Agricultural district. B. A Special Use Permit in the RA-Rural Agricultural Zoning District permits singlewide mobile homes. C. The property can accommodate the setback requirements for a singlewide mobile home, and the site plan shows appropriate setbacks from all property lines. 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. The immediate vicinity is generally very low density residential uses and farm fields. B. There are other mobile homes on adjacent parcels. C. No substantive evidence was submitted that this project will decrease property values of residents or commercial uses nearby. 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 purpose of the Community class is to provide for a village type of development to help meet housing, shopping, employment and public services needs within the more rural areas of the County. B. This property is located within the Commercial Corridor portion of the recently adopted Castle Hayne Neighborhood Plan. That plan envisions an eventual transition of this area to commercial mixed 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 BEGRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance and all other federal, state or local laws 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) that after a twelve month period the permit may be terminated after ninety days notice and after review and recommendation by the Board of County Commissioners (2) the roof will be shingled (3) vinyl siding will be used (4) the mobile home will be a 2005 or newer model Ordered this 5th day of January, 2009 STY Dn e,,,j . Q- i, ��,. Ted Davis, , Chairman O f1�. �= z Attest: •4srABLISYIEo , \Atif\s,, __._ AN.A Sheila L. Schult, Clerk to the Board . SUP Book..V Pap AIL 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a High Density 218 unit Residential Development in a R-15 Zoning District Located off S. College Road and Still Meadow Drive S-587, 1/09 The County Commissioners for New Hanover County having held a public hearing on February 2, 2009 to consider application number S-587 submitted by South College Associates for a special use permit to locate a High Density residential development of 74 single family lots and 144 unit multi-family development in an R-15 Residential District located on tax parcels #R07100-003-015-001 and 807100- 003-017-000 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 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. Public water and sewer are needed to serve the site. The Cape Fear Public Utility Authority states that sewer capacity is not available until upgrades are made to the pump station serving this area. Anticipated completion is 2012. It is possible that limited interim capacity could be available in 2010. 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 and LOS E on Carolina Beach Rd. E. A traffic impact Analysis has been prepared and the required improvements for traffic control have been outlined in a letter from the MPO dated November 18, 2008. F. Additional peak hour traffic generation of this proposal is 135 trips in the A.M. peak and 179 trips in the P.M. peak hour. Intersection Level of Service(LOS)at the primary intersections with arterial roadways indicates a worsening north and southbound at P.M. peak hour from C and B, respectively,to F and C, respectively at US 421 and Shade Tree Lane. The intersection at US 132 and Still Meadow Drive is a right-in, right-out situation which is anticipated to worsen from LOS B to C in the A.M.peak hour and from D to E in the P.M. peak hour. 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 available from multiple connection points. Primary access will be off S. College Road via Still Meadow Drive, which must be improved to a public collector road in order to meet the high density requirements of the ordinance. Additional access is planned through Page 1 of 3 Henderson Park Subdivision via Cloverland Way, Trumpet Vine Way and Goodwood Way. Another major access point is off Carolina Beach Road via Shade Tree Lane to Gate Post Lane, extended. C. The New Hanover County Comprehensive Plan classifies the area as Urban. D. The proposal indicates 74 single family lots on 25.26 acres and 144 multi-family apartments on 9.99 acres. E. Off-street parking of 293 spaces proposed for the apartments exceeds the requirements of the ordinance. F. Storm water detention ponds have been planned for the site and must be permitted in accordance with the standards of the county ordinance. G. Total impervious surface is proposed at 38.6% in the multi-family portion. The single family portion complies with a proposed 34.3%. The ordinance allows up to 40%of the gross site. H. Total open space and improved recreation areas meet the minimum 35%in R-15 requirement of the ordinance. I. Improved recreational space meets the minimum 15%requirement of the ordinance. J. No buffers have been proposed adjacent to the existing residential properties because the Johnson Farms development is a high density 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. No evidence has been presented at the time of this writing that the proposed use will injure the value of adjoining or abutting property values. B. Several apartment or condominium complexes are located within a mile of this site, including, Tesla Park, The Gardens, Saylors Watch, Myrtle Grove Village, Still Meadow,Willoughby Park, Magnolia Trace,Winding Branches, and others. 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. Services are not currently available for this site but are anticipated within the near future. B. Surrounding land uses include multi-family and single-family development. C. This project is within the annexation study area for the City of Wilmington. City staff was contacted to ask for comments, but no substantive comments were offered for consideration. 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. Page 2 of 3 C. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if construction or occupancy has not commenced within 24 months of the date of this approval. D. Other: 1. All other applicable federal, state and local laws. 2. Parking areas in the multi-family portion shall be constructed of pervious paving materials according to Low Impact Development standards. 3. Technical Review Committee comments as follows are incorporated: i. No gates or obstructions will be allowed within the project.A fire hydrant plan acceptable to County Fire Services will be required prior Final Plat approval. The collector road known as Still Meadow Drive leading from South College Road to the project will be designed, platted, and recorded as a dedicated public right-of-way. TIA requirements embraced by NCDOT and the WMPO for off-site road improvements on South College Road will be required through an approved NCDOT Driveway Permit. iv. Once the Special Use Permit is approved, the TRC will want to review the project again. v. Low Impact Development (LED)techniques are recommended for the project. vi. According to the Cape Fear Public Utility Authority, sewer capacity will not be available until the Spring, 2010. vii. The parking lot areas will need to be named (unduplicated) for addressing purposes. viii. Gate Post Lane will need to be properly aligned per NCDOT comments Ordered this 2nd day of February, 2009. 0-1'1 11,M DA.; x3Niv. 0 /1/ Ted Davis,k, Ch an C 0 S- 44/ 0 Attest: , 0 17. vok - • 1481.15140' \k1 A Shei a L. Schult, Clerk to the Board Page 3 of 3 fi COUNTY OF NEW HANOVER SUP Book V Pageq S, STATE OF NORTH CAROLINA { ORDER DENYING REQUEST FOR SPECIAL USE PERMIT MODIFICATION S-13 (1/09) Allow addition of a forklift pier and storage of 81 boats and other site plan adjustments in an R-15 Residential Zoning District (1512 Burnett Road) The New Hanover County Board of Commissioners having held a public hearing on March 2, 2009,to consider a request by Shanklin &Nichols LLC for Carolina Marina&Yacht Club(Tim Ward)for a special use permit modification to allow addition of a 32-foot wide and 197-foot long forklift pier with a 185-foot"T"end; and increase in currently allowable upland storage of boats from 41 parking spaces for boats on trailers to 81 single layer racks or cradles; and other adjustments in the current site plan,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. Section 71-1(3)of the New Hanover County Zoning Ordinance requires that in order to grant a special use permit,the Commissioners shall find that all of the following four(4)fundamental requisites are met: (A)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; (B) That the use meets all required conditions and specifications; (C) That the use will not substantially injure the value of adjoining or abutting property; and (D)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. 2. The New Hanover County Planning Board made a recommendation to deny the requested modifications,concluding that the proposal is not compatible with the surrounding neighborhood. 3. The Commissioners held a proper hearing in accordance with the notice and advertising requirements of Section 112-1 of the zoning ordinance and received testimony and evidence from proponents and opponents of the requested modifications. Opponents testified among other things with concerns for forklift noise as it travels over water,the size of the project which encompasses almost the entire parcel of land as compared to the currently approved project,the size of boats stacked on racks next to their residences,the impact of a forklift pier the size of Kure Beach fishing pier on the peaceful enjoyment of their adjoining neighborhood and the adjacent community water access lot,the impact of a fuel dock on shell fishing by neighbors at the community lot,the potential storm hazards with boats on racks becoming debris to damage their homes. 4. Based on a preponderance of testimony from residents and owners in the Tucker-Burnett Subdivision as well as the recommendation of the Planning Board,it is the judgment of the Commissioners that the location and character of the proposal as submitted would not be in harmony with the established single-family residential neighborhood. ti 4 5. Therefore,the County Commissioners,after considering all the facts and finding that the proposal fails at least one of the fundamental requirements for approval, hereby DENY the request for modifications to Special Use Permit 13. Ordered this the r A day of March,2009. 7;1, 6-)rig4.. `A(. 11 Ted Davis, J ., Chai { [Attest] \1\:\t,, \--%. caj,V Sheila L. Schult, Clerk to the Board 5 SUP Book i'J Page COUNTY OF NEW HANOVER I STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 1 To Locate a 10-Slip Community Boating Facility in a R-15 Zoning District Located off Myrtle Grove Road in the Tidalwalk Subdivision f S-588, 3/09 I The County Commissioners for New Hanover County having held a public hearing on April 6, 2009 to consider application number S-588 submitted by James Martin for Tidalwalk HOA for a special use permit to locate a 10-slip community boating facility in an R-15 Residential District located in the Tidalwalk subdivision off Myrtle Grove 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: g 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and Section 72-37 of the 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 I following FINDINGS OF FACT: A. The subject property is accessed via Tidalwalk Drive off Myrtle Grove Road, which is i identified as an urban collector on the Roadway Functional Classification map with Level of Service D. B. The landward portion of the project is a small island mixed with common area and r private lots. C. The landward area is located in a VE flood hazard area. D. The docks may be served by private well for water. Sewer is not proposed for this facility. E. Fire service will be provided by the Myrtle Grove Fire Department 1 F. Stormwater is not applicable to the docks. G. An existing residential pier with one boat slip will be expanded to accommodate the i proposed 10 slips. H. Water depths are reported as approximately 2.6 feet at mean low water in the vicinity of the proposed slips. il I. The slips will use boat lifts. J. The waters are primary nursery areas and open shellfishing waters. K. A CAMA permit is pending county approval. I f 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 k following FINDINGS OF FACT: t 2 yy k Page 1 of 3 f I' t A. The project is located along the Intracoastal Waterway in a subdivision approved for 197 residential units. B. Community boating facilities are allowed in R-15 zoning districts with a special use t permit under certain conditions. �' C. Access is via common area to which all lot owners are given easement. In accordance with the covenants. t' y D. A total of 10 boat slips will serve the exclusive use and enjoyment of property owners in t 3 TidalWalk 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 by parking at home sites in the subdivision in combination with 4 spaces on the island that will be reserved for the boating facility use and 6 additional spaces at the clubhouse/amenity center. Pervious paving options are proposed. F. No commercial activities are proposed or allowed for the facility. t e 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the j third general requirement listed in the Ordinance; namely that the use will not substantially t 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. tt t B. Other private docks and community boating facilities are located along the Intracoastal 1 Waterway. I f_ 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 i 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 1 3 following FINDINGS OF FACT: 1 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 i trust waters. C. Surrounding land uses are single-family residential. 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 t IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: w f 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. B. If any of the conditions imposed by this special use permit shall be held invalid beyond j the authority of this Board of Commissioners by a court of competent jurisdiction, then t R this permit shall become void and of no effect. t i 1 Page 2 of 3 i i C. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if construction or occupancy has not commenced within 24 months of the date of kthis approval. D. Other: Record the amended HOA Covenants as submitted with this request to address the 4 following: i. The management and maintenance of the community boating facility in l 1 accordance with the land use plan and ordinance. ii. Deed restrictions should be placed on all waterfront lots in the Tidalwalk 1 Subdivision, disallowing individual dock s and piers upon approval of this special 1 use permit. 7 Ordered this 6th day of April, 2009. n 1 rd X01W' sj4* t T Ted Davis, Jr., Chairman ov N TY �OG ,'� "�w . Attest: 3 ' ' ; � z \t a 4 , 43/4N{IsH . Sheila L. Schult, Clerk to the Board 1 f 1 I 1 i i } 1 1 E Page 3 of 3 1 ! SUP Book /V Page(Z. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING REQUEST FOR SPECIAL USE PERMIT S-590(5/09) Allow in-home daycare for up to 8 children in an R-10 Residential Zoning District at 4432 Jason Court in the Churchill Estates Subdivision The New Hanover County Board of Commissioners having held a public hearing on June 1,2009,to consider a request by Janie Walker for a special use permit to allow in-home daycare of up to 8 children in an R-10 Residential zoning district at 4432 Jason Court, and having heard all of the evidence and arguments presented at the hearing, renders the following FINDINGS OF FACT and draws the following conclusions: FINDINGS Yt 1. Section 71-1(3)of the New Hanover County Zoning Ordinance requires that in order to grant a special use permit, the Commissioners shall find that all of the following four fundamental requisites are met: (A)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; (B)that the use meets all required conditions and specifications; (C)that the use will not substantially injure the value of adjoining or abutting property; and (D) 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. 2. The New Hanover County Planning Board made a recommendation to approve the request with modifications to the proposed parking and access method. 3. The Commissioners held a proper hearing in accordance with the notice and advertising requirements of Section 112-1 of the zoning ordinance and received testimony and evidence from the applicant and opponents of the request. Opponents testified that expansion of the business would commercialize their neighborhood and jeopardize the residential harmony of the area to have a large parking area in front of the house and other potential improvements. 4. In the judgment of the majority of Commissioners,the location cannot meet the requirements of the ordinance for this use in a way that is harmonious with the established single-family residential neighborhood. A motion to approve the request failed. S-590 Page 1 of 2 5. Therefore, the County Commissioners, after considering all the facts and finding that the • proposal fails at least one of the fundamental requirements for approval hereby DENY the request. Ordered this the 1st day of June, 2009. • 1)1P;06 Ted Davis, Jr., Chairman 0.1TY•iv woo 4>,•S, 0 \!11 i g Attest: e^ 1 \1•X-•\ 11.3A 4110 Sheila L. Schult, Clerk to the Board • S-590 Page 2 of 2 SUP Book.l.JPage COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Child Daycare Facility up to 8 children in an R-15 Residential Zoning District S-591, 5/09 The County Commissioners for New Hanover County having held a public hearing on June 1, 2009 to consider application number S-591 submitted by Gertrude Martins for a special use permit to locate a Child Daycare Facility in a R-15 Residential District at 523 Upland Drive in the Bayshore Estates 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 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 Market Street, an identified arterial, by Bayshore Drive a neighborhood collector street. C. Level of Service on Market Street is rated as F, meaning traffic exceeds the design capacity and delays of 45-60 seconds occur at intersections. D. Average daily traffic counts along Market Street decreased between 2006 and 2009 by about 5%. Within the neighborhood,traffic has also decreased nearly 25%on Bayshore Drive between 2006 and 2008. E. Traffic Impact Analysis is not required because traffic for this use will not reach the threshold of 100 peak hour trips. F. Fire Service is available from the Ogden Fire Department. G. The property is not located in a flood hazard area. H. The proposed facility is a single family residence. The applicant currently keeps 5 children. 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 must the requirements of Article VIII of the New Hanover County Zoning Ordinance. Four spaces in addition to the normal residential requirement of 2 spaces must be provided. C. The applicant proposes a 3-point turn in the driveway and parking areas to meet the ingress and egress requirements of the Section 72-20(2) D. There is an existing play area which is enclosed by a privacy fence that is more than four feet high as required by the ordinance. E. The day care must be licensed by the State of North Carolina. F. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. S-591 Page 1 of 2 G. All other local, state and federal requirements must be met, including possible property upgrades to meet building codes and fire safety codes. 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. Child care facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. Surrounding property is zoned R-15. 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 Watershed Resource Protection. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs. 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. Ordered this 15t day of June, 2009. ouNTY.� f� ! r.�‘rllia jt � ■ 0�� Ted Davis, Jr, Chai 0 y ',\ Attest: A a 2 It • \LI.:\ *Ail ei a L. Schult, Clerk to the Board S-591 Page 2 of 2 SUP Book V Page.916..3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For High Density Residential Development of 228 units in CD(R-10) Zoning District Z-894 (5/09) The County Commissioners for New Hanover County having held a public hearing on June 1, 2009 to consider application number Z-894 submitted on behalf of owner Royal Palms Mobile Home Park, LLC for a special use permit to locate a high density residential development of 288 units in a CD(R-10) Conditional District approved under companion rezoning action, said proposal being located at 5140 Carolina Beach Road,and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 59.7 and 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. Public utilities are available to the site. B. Fire Service is provided by the Myrtle Grove Fire Department. C. The property is partially located in a flood hazard area and is influenced by the Motts Creek floodway. D. Stormwater control is subject to the requirements of the County's stormwater ordinance and is proposed to be accommodated in ponds at various locations around the site. E. A traffic impact analysis was not prepared for this proposal because the additional units are anticipated to generate less than the threshold. An additional 45 a.m. peak hour and 32 p.m. peak hour trips were calculated. F. The existing mobile home park maintains 191 spaces or density of about 7 units per acre. The request will result in density of 10.4 units per acre. G. Access to the site is from Carolina Beach Road. One of the existing two driveways will be closed. Secondary access to replace the driveway being closed will be made by interconnectivity to the Normandy Drive stub for Phase II of the project. Z-894 Page 3 H. The project is located in the Motts Creek drainage area. Motts Creek is classified as C; Sw. 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 27.6 acre site is currently a mobile home park with zoning split between R-10 and R-15. This request is made concurrent with conditional rezoning to CD(R-10) for 288 condominium units. B. Under the current split R-10 and R-15 zoning, the maximum residential density permitted by right for this property would be 83 units. C. Conditional zoning districts are designed for firm development proposals and not for tentative development. D. Parking is proposed at 644 spaces, which includes two (2) spaces per apartment unit and an additional 18 spaces, plus 50 spaces for the clubhouse area. E. Information on the proposal was shared by the applicant with surrounding property owners at a meeting on April 16, 2009. F. Buffers on the site plan are consistent with Sec. 67-4(4) and the Conservation Overlay District. G. Open space is proposed at about 6.5 acres or 23.8%, which exceeds the minimum requirement of 20%. H. Improved recreational space meets the minimum requirement of 15%. 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. Surrounding property includes a mobile home park, single family residential and commercial development. 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: Z-894 Page 4 A. The 2006 Update of the Joint CAMA Plan encourages higher density development to be located in urban areas where public services are already in place. The Conservation class applies to areas within the 100 year flood plain. 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. B. The location is in an area recently approved for annexation by the City of Wilmington. The effective date of the annexation action is 2010. 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. The street connection to Normandy Drive must be made prior to occupancy of the 108 units envisioned for Phase II of the project. Ordered this 1St day of June, 2009 TY• (/iGL /00,4'Q (10 I 4 04,ti Ted Davis, Jr., airman w n 74 . IVC.�' Attest: 4 1° Az i ti .431AsusIteo� )`-)•-•\1-^ Q\\LI'Vr Shei a L. Schult, Clerk to the Board Z-894 Page 5 e 1 SUP Book ✓ page 27, I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a Recycling Collection Facility with Processing in an AI Airport Industrial Zoning District S-592, 6/09 The County Commissioners for New Hanover County having held a public hearing on July 6, 2009 to consider application number S-592 submitted by Herbert Carlton Fisher et al for a special use permit to locate a cooking oil recycling collection facility with processing in an AI Airport Industrial District located on tax parcel#R03312-007-004-000, also known as 3121 N. Kerr Avenue, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and Section 69.14-1 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. Public water and sewer serves the property. B. The property accesses N. Kerr Avenue, an identified arterial C. Level of Service on N. Kerr Avenue is rated as F, meaning traffic exceeds the design capacity and delays of 45-60 seconds occur at intersections. D. Average daily traffic counts along N. Kerr Ave. in the vicinity increased by about 40% between 2007 and 2008. E. Traffic Impact Analysis is not required because traffic for this use will not reach the threshold of 100 peak hour trips. F. Fire Service is available from the Wrightsboro Volunteer Fire Department. G. The property is not located in a flood hazard area. H. The proposed facility is an industrial warehouse in an Airport Industrial zoning district. I. Used cooking oil and grease will be filtered, heated and aerated on the site and then transported to refineries for further processing into biodiesel fuel. 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 AI Airport Industrial zoning district. Recycling processing facilities are allowed only by special use permit in this district under certain conditions outlined in Sec. 69.14-1(3). B. The facility and its appurtenant uses shall not be located closer than one hundred and fifty feet (150 ft) to any residentially zoned properties. The nearest residentially zoned property is approximately 385 feet to the west. Page 1 of 3 } C. The facility must meet the applicable setback and landscaping requirements of the ordinance. This proposal is occupying an existing warehouse facility permitted under county standards. D. All loading and exterior storage shall be to the side or rear of the building. The site plan illustrates loading and storage at the side and rear of the building. E. Storage or loading conducted on the side of the building shall be screened from view from the adjacent right of way. Screening is proposed to be added by the applicant along Commerce Drive and at the southwest corner of the property. F. All exterior storage shall be in containers or under shelters which are covered and secured and not visible from residentially zoned property. The process must be conducted in wholly enclosed tanks. G. The facility must not emit dust, smoke, fumes, or vibrations detectable on adjacent properties. The process must not create undue noise, smell or emissions effecting neighboring properties. H. All other local, state and federal requirements must be met, including possible property fr upgrades to meet building codes and fire safety codes. 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 surrounding properties. Industrial uses dominate the immediate area. B. The proposal is the first recycling operation of this type in the county. 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. The Transition Class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. B. The Airport Industrial Zoning District is to provide for a planned,restricted industrial district used for indoor manufacturing and distributive operations compatible with airport facilities. C. Policies in the 2006 Land Use Plan encourage industrial uses in locations with adequate land area, outside environmentally sensitive areas and with access to necessary infrastructure. 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. Page 2 of 3 C. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if construction or occupancy has not commenced within 24 months of the date of this approval. D. Other: 1. The process will not use heat above a temperature of 150 degrees. 2. All other applicable federal, state and local laws. Ordered this 6th day of July, 2009. f:ti GO0.1TY,No Ted Davis, Jr., Chai a O Attest: fSTAet i sroO Cw Sheila L. Schult, Clerk to the Board Page 3 of 3 f i 1 SUP BookL Pape z COUNTY OF NEW HANOVER I STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Child Daycare Facility up to 10 children in an R-10 Residential Zoning District 1 I S-594, 8/09 i The County Commissioners for New Hanover County having held a public hearing on September 8, 2009 to consider application number S-594 submitted by Terra Bowman for a special use permit to locate a I Child Daycare Facility in a R-10 Residential District at 4613 Manchester Drive in the King's Grant I 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: t 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. 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: I A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance i for the proposed use, as well as any additional conditions hereinafter stated and all other state or 1 federal requirements. B. That the additional parking as required by the ordinance shall be clearly marked and identified. } 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 8th day of September, 2009. I i t z 0 t t Ted avis, Jr., Ch ' an .)$TY•NO s G� 'PT kW /:-' y Attest: 'e►Adt oy.9`� L Sheila L. Schult, Clerk to the Board i E 4 i i 1 3 S-594 Page 1 of 1 5 S CERTIFICATE A ' 1.4(z.1, an e t!` : F APPROVAL, �� ${' QT NEW VER COUNTY F COM e•, IONERS DATE - DNA'-- - o ,,_ • 4 4v rz"c L% A l i v • • • g • - 3 • `0 1%s, Ll 1 .JO r I. 7` r,q1,34 cY ■ 4 i SUP Book LLPage .222 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Telecommunication Tower up to 199 feet in height in an R-15 Residential Zoning District S-593, 7/09 The County Commissioners for New Hanover County having held a public hearing on October 5, 2009 to consider application number S-593 submitted by Pennington Law Firm on behalf of James D. Page for a special use permit to locate a telecommunication Tower for Alltel Communications in a R-15 Residential District at 8104 Sidbury 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, based on the findings in the record and agreed to by the applicant, all of the specific requirements set forth in Sections 71-1 and 69.17 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the 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 proposed and approved site plan, and any additional conditions hereinafter stated and all other state or federal requirements. B. That the applicant will submit Form 7460 to the FAA for review of the proposal and will follow any FAA recommendations arising from that review. 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 5th day of October, 2009. fti ploy t Ov NTy. Ted Davis, Jr., Chairman O . Attest: :Obi:, 7, \c, \1-6A- Sheila L. Schult, Clerk to the Board S-593 Page 1 of 1 i SUP Book I V .Pape. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Telecommunication Tower up to 90 feet in height in an R-15 Residential Zoning District S-595, 10/09 The County Commissioners for New Hanover County having held a public hearing on November 2, 2009 to consider application number S-595 submitted by Nexsen Pruet Law Firm on behalf of New Hanover County School Board and American Tower Company for a special use permit to locate a telecommunication Tower for AT&T Communications in a R-15 Residential District at 225 Mabee Way, and having heard all of the evidence and arguments presented at the hearing, make the following !: FINDINGS OF FACT and draw the following CONCLUSIONS: i 1. The County Commissioners, acting within the limitations set out in NCGS 153A-349.52 for regulating wireless facilities, FIND AS A FACT that, based on the findings in the record and agreed t to by the applicant, all of the specific requirements set forth in Sections 71-1 and 69.17 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance F for the proposed use, as well as the proposed and approved site plan, and all other state or federal it 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. I Ordered this 2nd day of November, 2009. 3 -4//OM vNTY. Ted Davis, Jr., Chai an G� E ''O I f O Attest: t o r '''''f.. '4'' cl' (::.\ \.k.x.\_. k.,OA.. Ff TA8ustit `ll Sheila L. Schult, Clerk to t e Board i S-595 Page 1 of 1 is s i k , SUP Book V Page COUNTY OF NEW HANOVER r STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Telecommunication Tower up to 140 feet in height in an R-15 Residential Zoning District S-596, 10/09 The County Commissioners for New Hanover County having held a public hearing on November 2, 2009 to consider application number S-596 submitted by Nexsen Pruet Law Firm on behalf of Marvin Congleton and American Tower Company for a special use permit to locate a telecommunication Tower for AT&T Communications in a R-15 Residential District at 1300 Big Cypress Drive, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and 5 draw the following CONCLUSIONS: 1. The County Commissioners, acting within the limitations set out in NCGS 153A-349.52 for regulating wireless facilities, FIND AS A FACT that, based on the findings in the record and agreed to by the applicant, all of the specific requirements set forth in Sections 71-1 and 69.17 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans 55 submitted to the County Commissioners. G 2. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: f A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance z for the proposed use, as well as the proposed and approved site plan, 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 ' 5 shall become void and of no effect. 5 5 4 Ordered this 2❑d day of November, 2009. s I 7";:i 640 C osITY.4, G + 0,f) Ted Davis, Jr., Chain an t O � y z ..'" r- Attest: ti , , %\4t\ r�xi �''`"rya' -\\ \Fsraxiis t,'1, 1 Sheila L. Sc ult, Clerk to the :oard 1 f S-596 Page 1 of 1 t 1 t SUP Book V Page�q,,,_I k COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Child Daycare Facility up to 20 children in an I-2 Industrial Zoning District i S-597, 11/09 f The County Commissioners for New Hanover County having held a public hearing on December 7, 2009 to consider application number S-597 submitted by Annie George and Miracle Rock Ministry for North Wilmington Baptist Church for a special use permit to locate a Child Daycare Facility in an I-2 Industrial District at 2907 Blue Clay Road, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: f 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in 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. 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, and the Petitioner has agreed with the findings of fact in the staff report, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the a following conditions: 3 A. Approval is subject to the outdoor play area being enclosed with a fence. B. 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 requirements, including possible property upgrades to meet building, fire safety or 1, other codes. 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 7th day of December, 2009. t i Ilk I. i li (i-31'41-Y i U Jason R hompson F '� ��g hai .n i i >11-'1 ''." )- Attest: 4t TAB1lSMk0,1 \10,13"\tn Sheila L. Schult Clerk to the Board 1 S-597 Page 1 of 1 t 1 i