Special Use Permits 2010 }
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT SUP Bock Lima,Page 0
Amendment to S-13(County Planning File No.S-582,6/08)
A commercial marina with a forklift pier and dry stack storage of 200 boats
In an R-15 Residential Zoning District Exhibit
(1512 Burnett Road) Book XXX 11 ( page jar.
The applicant is Shanklin and Nichols, LLP for Carolina Marina and Yacht Club (Tim Ward)for an
amendment to Special Use Permit No. 13 (5-13) to allow dry stack storage for up to 200 boats and
forklift pier and other accessory structures pursuant to a proposed site plan. Based upon the Board of
County Commissioners hearing and the decision rendered on July 7, 2008 and the Order of Superior
Court Judge Gary Locklear dated August 6, 2009, the Board hereby grants the applicants request for an
amendment to Special Use Permit No. 13. In doing so the Board makes the following FINDINGS OF
FACT and renders the following CONCLUSIONS:
1. The Board finds pursuant to Judge Locklear's Order 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. Aqua NC cannot provide adequate water pressure so alternate
methods will be required.
2. The Board finds that the proposed site plan meets all required conditions and specifications of
the zoning ordinance.
3. The Board finds pursuant to Judge Locklear's Order that the use will not substantially injure the
value of adjoining or abutting property. 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.
4. The Board finds pursuant to Judge Locklear's Order that 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. Judge Locklear
determined there was not sufficient competent, material or substantial evidence to counter the
prima facie showing made by Applicant that its proposal was in harmony with the area.
5. Therefore, pursuant to these findings the Board of County Commissioners conclude that the
specific and general requirements necessary for an amendment to a special use permit have
been satisfied and it is HEREBY ORDERED that the application for an amendment to SPECIAL USE
PERMIT NO. 13 is GRANTED subject to the following conditions.
a. That the applicant shall fully comply with all the specific requirements stated in the
ordinance for the proposed use as well as all the conditions on the proposed site plan
presented for case S-582, here attached, as well as the following conditions expressly stated
by the Applicant during the hearing of this matter before the Board of County
Commissioners:
1. No fuel sales on site.
2. No alcohol sales on site.
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Ordered this the I Ita day of December, 2009.
Jason R Thompson, Chairman
ATTEST:
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Clerk to the Board 141
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COUNTY OF NEW HANOVER SUP Book, IV Pape 3
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Residential Use in a Commercial District
S-598, 1/10
The County Commissioners for New Hanover County having held a public hearing on February 1, 2010
to consider application number S-598 submitted by Malcom Dean Johnson, on behalf of his parents,
Malcom L. and Shirley S. Johnson, for a special use permit allowing a residential dwelling in a B-1
neighborhood commercial district in a building also containing a hair salon at 2723 Castle Hayne 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 72-38 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 Section 72-38
of the Ordinance 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
shall become void and of no effect.
Ordered this 1"day of February,2010
_N ason • hompson,Chairman
GO�ttTY
0 9 Attest:
2
4.1\ -
•4-3148L'so) Sheila L. Schult, Clerk to the Board
S-598 Page 1 of 1
SUP Book, I V Pape,31.
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
To Locate High Density Residential Development
in an R-15 Residential Zoning District
S-599, 1/10
The County Commissioners for New Hanover County having held a public hearing on February 1. 2010
to consider application number S-599 submitted by Gordon Road Development Partners, LLC for a
special use permit to locate 23 detached residential units on approximately 6.1 acres at 6469 Gordon Road
in an R-15 zoning district, and having heard all of the evidence and arguments presented at the hearing.
make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 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. Therefore,because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied. IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
conditions:
A. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this permit
shall become void and of no effect.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use; all other state, federal and local rules; and any additional conditions
hereinafter stated.
D. Other:
1. a minimum five foot high security fence around the sides and back of the stormwater
pond adjacent to the Farrington Farms subdivision
2. a ten foot bufferyard consisting of existing vegetation along the security fence to the
property line
3. any units above the (by right) allotted fifteen cannot be built or improved upon until the
Gordon Road roadway improvements are completed from Market Street to 1-40.
Ordered this 151 day of February,2010.
ov� Y ' Jason R.Thompson.,Chairman
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Attest:
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Sheila . Schult,Clerk to the Board
Page 1 of 1
S-599
COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA
ORDER TO ISSUE AN ADDENDUM SUP Book V Page 3a_I
TO SPECIAL USE PERMIT S-329, (3/91, 4/00, 8/03, 6/07, 3/10)
This order amends a special use permit originally issued in 1991, as subsequently modified in
2000, 2003, and 2007 for a Marine Research & Education Facility in an R-15 zoning district at
5600 Marvin K. Moss Lane. Having held a public hearing on April 6, 2010 to consider the
application for amendment, and having heard all the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed
in accordance with the plans and findings submitted to the County Commissioners and
attached as part of this special use permit.
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 I
ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
A. If any of the conditions imposed by this special use permit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction, then
this permit shall become void and of no effect. I
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and
void if construction or occupancy has not commenced within 24 months of the date of
this approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the x
Ordinance for the proposed use; all other state, federal and local rules; and any
additional conditions hereinafter stated.
D. That the nine (9) conditions placed on S-329 in 2001 (conditions 1 through 4) and in
2003 (conditions 5 through 9) be removed and replaced with the following one (1)
condition:
1) In addition to section 67B-4 of the New Hanover County Zoning Ordinance,
the bufferyard along the northern project boundary shall be supplemented F
with Leyland Cypress, or comparable evergreen tree to provide
intermittent visual obstructions from the opaque portion to a height of at
least twenty (20) feet, within three (3) years of planting. To provide a
variety of height and depth, at least one (1) tree on average will be planted
for every thirty (30) linear feet of screen. Spacing of trees should be varied
from straight lines and equidistant spacing where practical. Clustering
and/or random spacing of plants and trees is encouraged to produce a
natural appearance to the landscape to the extent that the planting meets
the screening and opacity intent of section 67B-4 of the New Hanover
Page 1 of 2 5-329 Modification 2010
County Zoning Ordinance. Trees should be placed and spaced to provide
° visual aesthetic appeal; to accommodate specific growth habits of species
used; to incorporate existing trees into the screen; and clustered where
appropriate to provide the maximum visual buffering protection to the
proposed two-story building.
Ordered this 6th day of April, 2010.
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Jason Thompson., Chairman
uNTy.
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Sheila L. Schult, Clerk to the Board
Page 2 of 2 S-329 Modification 2010
COUNTY OF NEW HANOVER SUP Book V Page
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Expansion of a Community Boating Facility for 28 slips
in an R-20 Residential Zoning District
i'
S-600 (3/10)
The County Commissioners for New Hanover County having held a public hearing on April 6,
2010 to consider application number S-600 submitted by Avenel Boat Facility Association
Incorporated, for a special use permit to expand a community boating facility serving the Avenel
Subdivision at 1532 Portsmouth Place, 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
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. 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
Section 72-37 of the Ordinance 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 shall become void and of no effect.
Ordered this 6th day of April, 2010
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OvNTY.M
,�� o,��y Jason R. hompson, Chairman
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Attest:
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Sheila L. Schult, Clerk to the Board
S-600 Page 1 of 1
SUP Book!V Page 33.,
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For conversion of an existing golf center and condominium complex into a 2story golf
resort and function facility with an 80-room hotel and separate clubhouse in a CD(B-2)
Zoning District
Z-900 (1/10)
The County CommissionersforNew Hanover County having held a public hearing on May 3,2010 to
consider application number Z-900 submitted on behalf of owner Beau Rivage Golf&Resort,LLC
and others for a conditional zoning district and the requisite special use permit to convert an existing
golf center and condominium complex into a 2-story golf resort and function facility with an 80-room
hotel and separate clubhouse in a Conditional District CD(B-2)Business Zoning District approved
under companion rezoning action,said proposal being located at 649 Rivage Promenade,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 allof the specific requirements set forth in
Section 59.7 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans and findings submitted to the County Commissioners and
attached as part of this special use permit.
2. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
A. If any of the conditions imposed by this special use permit shall be held invali beyond the
authority of this Board of Commissioners by a court of competent jurisdiction,then this
permit shall become void and of no effect.
B. In accordance with Section 71-1(4)of the ordinance,the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use; all other state, federal and local rules; and any additional
conditions hereinafter stated.
Adopted this 3rd day of May,2010.
LOAN "v0 R. Thompson, Chairman
0 Attest:
`' L=� ; Sheila L.Schult,Clerk to the Board
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• Z-900 Page 3
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SUP Book, v Page=I
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE AN ADDENDUM TO SPECIAL USE PERMIT
For A Nursing Home and Personal Care Facility Expansion in a Residential District
S-409(7/97,4/10)
The County Commissioners for New Hanover County having held a public hearing on June 7, 2010 to
consider application number S-409 submitted by Autumn Corporation-Myrtle Grove, for Addendum to a
special use permit to expand an existing nursing and personal care facility 17, 400 square feet and add 47
new parking spaces at 5725 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, 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 72-9 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 addendum to the 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 Section 72-9
of the Ordinance for the proposed use, as well as the proposed and approved site plan, and all
other state or federal requirements.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this approval.
C. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this permit
shall become void and of no effect.
Ordered this 7th day of June, 2010
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�t�Tt,.h J. at an Barfie . Jr., i hairman
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Act �; v2s;
01 > Attest:N
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4M+e1.151-10‘. Sheila L. chult, Clerk to the Board
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S-409 Page 1 of 1
SUP Book, A/ Page. .A
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Non-residential off street parking in an R-15 Residential Zoning District
S-601, 5/10
The County Commissioners for New Hanover County having held a public hearing on June 7, 2010 to
consider application number S-601 submitted by Carlos Lagomarsino, for a special use permit to establish
non-residential off-street parking in an R-15 Residential Zoning District at 4813 Carolina Beach Road,
and having heard all of the evidence and arguments presented at the hearing, make the following
FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans and findings submitted to the County Commissioners and attached as part
of this special use permit.
2. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
condition:
A. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this permit
shall become void and of no effect.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use; all other state, federal and local rules; and any additional conditions
hereinafter stated.
D. Other:
1) Access easement agreement as presented be fully executed by all parties and
recorded with the New Hanover County Register of Deeds within 45 days from
issuance date of the special use permit.
Ordered this 7th day of June, 2010.
Ilf,. .AIIII rt S.....;.-,,, -",-A,
GOJr1TY•,,,0 J/-athan :.rfi-Id, r.,Vice-Chairman
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Attest:
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Sheila L. Schulz, Clerk to the Board