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Special Use Permits 1999 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PER:IT DINING ROOM ADDITION TO HISTORIC RESTAURANT (Amended September, 1999 : Clarify Number of Dining Seats) The County Commissioners for New Hanover County having held a public hearing on December 2 , 1991 to consider application number S-336 , 9/91 submitted by John and Carole Coble, a request for a Special Use Permit to use the property located at the eastern terminus of Trails End Road, and having heard all the evidence and arguments .presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS : 1 . The County Commissioners FIND as a FACT that all of the-,, specific requirements set forth in Section 72 , 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 site is currently occupied by a "historic" restaurant facility. This business caters to diners and serves alcoholic beverages . B . The site is located within the Myrtle Grove VFD District . C. The existing use and any approved expansions to it would have access to Trails End Road. The expansion would generate a minimal amount of traffic on a dead-end residential street . 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 ordinance was amended October 7 , 1991 creating and defining "historic restaurant" and establishing the use as a Special Permit in the R-15 District . There are special conditions listed in the zoning ordinance for establishing this use . B . Other general conditions applicable to restaurant facilities , include : off-street parking, handicap access , setbacks , landscaping and buffering and Coastal Area Management Act Regulations : 1) The existing building and proposed addition meet the side and rear setback requirements of the R-15 Residential District. The current sideyard setback for the north side of the building is 28 . 41 feet. It is 14 . 8 feet on the south side . Other non-conforming outbuldings are also located on the property. It would be difficult to apply setback standards based on building height given the building' s current • location on the site . The maximum building height in the R-15 District is 35 feet. Neither the existing building or the addition exceeds that limit. 2 ) The current facility encompasses 3416+ square feet . The addition would add approximately 728 . 5+ square feet. The facility consists of a lounge, dining room, kitchen, waiters ' station and hostess area. This addition would increase the floor area by 21% . 3 ) The restaurant has a seating capacity of 90 and the • addition would : increase the number of seats td' 110 . The largest number of employees on any given shift is. • 11 . Applying current standards would mean the restaurant- would need a minimum of 41 parking spaces ' ( 1' space; per 3 seats and 1 space per two employees ) . • Ample parking is available on the site. • 4 ) This site lies within an area of "Environmental Concern" . It is immediately adjacent to Masonboro Sound, which is classified "Outstanding Resource Waters . " The elimination of an internal marl-covered drive not considered essential for internal circulation on the site will allow the impervious surface coverage to remain at its present level and in compliance with CANA guidelines . 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 existing facility was located on the site prior to the adoption of zoning for the area . Zoning was established in 1969 . B. A minimal amount of traffic , lighting, and noise would be generated in the later evening hours . . . r 4 5 . It is the County Commissioners ' CONCLUSION that the s' 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. Masonboro Boatyard and Marina is located 100 feet to the north. It is zoned I-1 Light Industrial. B. Properties along Trails End Road are developed with a mixture of housing types (mobile homes, single-family and attached dwellings ) . C . A minimal amount of noise , lighting, and traffic can be anticipated as a result of the expansion. 6 . Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions : ' A. That the .applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. B . If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. C . Other : 1 ) Site plan as submitted 2 ) All other Federal , State and local laws applicable . Ordered this 2nd day of December , ,1991 . yLR COU /r. g• '� ass / . , . S;; rj;( -h E ./ 'L . Mathews , Jr J, " Chairman Attest : ti;'ti•; Q a< <z — S3,1 j +J 1 • ` • �j/. � /i n9,, �,. / V-i1.- . '�T ' ,..N- William Caster, Chairman 0 d Clerk to the Board r t o' *Note Order amended to include total number of dining seats at 195 . Order amended this ‘e,.7 y 7th day of September, 1999 . Clerk to the Board 4 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT PROFESSIONAL OFFICE ti The County Commissioners for New Hanover County having held a public hearing on October 4, 1999 to consider application number Z-681 submitted by Greenville Avenue LLC, a request for a special use permit to use the property located at the southeast corner of Park Avenue and Greenville 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 72-27 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 site will be served by county sewer and community water. B. Access to and from the site is proposed on Greenville Ave., which is classified as Collector. C. The site is located in the Seagate VFD District. 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 currently zoned R-15 and is classified Urban Transition in the 1993 Land Use <£ Plan. Applicant proposes a change of zoning to CD(O&I) B. The required building setback is 25' C. The required number of parking spaces is 38. Petitioners plan shows 57 spaces. } 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 property east of the subject site is currently zoned B-1, while zoning to the west and to the north of the site is R-15. B. The subject property is currently in disrepair with debris and old cars and boats in the yard. 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 A. The proposed architecture and site layout appears to be in keeping with the surrounding residential character. B. Landscape buffers will also provide a more residential character to the site. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use,as well as any additional conditions hereinafter stated. } B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. D. Architecture of buildings facing Greenville Avenue have a porch along a minimum of 50% of the façade. E. No utility apparatus (i.e. air conditioning fans) will be located along Greenville Avenue. Side locations are acceptable if reasonable screening can be provided. Ordered this 4th day of October, 1999. Artifit, William A. Caster, Chairman qr Attest: ?.u. C k to the Board 1 ' COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT One Single-Wide Mobile Home The County Commissioners for New Hanover County having held a public hearing on October 4, 1999 to consider application number S-447 submitted by Woodrow R. Glazier, a request for a special use permit to use the property described as tax parcel R03305-002-009-000 located along Oakley Loop Road in 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 72-27 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 site is served by individual well and septic. B. Access to and from the site is proposed on Sandhill Drive off Oakley Loop Road. Sandhill Drive is a private drive over an existing access easement. Easement provides access to two other lots. C. There is an existing house on the subject property. D. The site is located in the Wrightsboro VFD 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 subject property is zoned R-20 and the land classification is resource protection. Single wide mobile homes are permitted by special use permit in the R-20 zone. B. The Zoning Ordinance requires a minimum 90' lot width, a 30' front yard setback, a 15' side yard setback,a 25' rear yard setback and a maximum building height of 35' C. The Zoning Ordinance requires 20,000 sq.ft.per dwelling unit. 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 surrounding land use is residential/farmland. The surrounding zoning is R-20. B. Other single wide mobile homes are located 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 S r- 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 proposed use appears to be in harmony with the area and is consistent with the NHC Land use plan. B. The proposed use should not have any positive or negative affect on adjacent property values. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use,as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1.All other applicable federal, state and local laws. Ordered this 4th day of October, 1999. CrOlk yIlly William A. Caster, Chairman Attest: /)414.4(--- CI k to the Board { 7 • o- COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Child Day Care Facility } The County Commissioners for New Hanover County having held a public hearing on October 4, 1999 to consider application number S-444 submitted by Howard Capps, a request for a special use permit to use the property located at the southwest corner of Park Avenue and Sebrell 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 72-27 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 site will be served by county sewer and community water. B. Access to and from the site is proposed on Park Avenue. The nearest access to Park Avenue from Oleander Drive is Sebrell Avenue.Neither road is classified, by the New Hanover County Thoroughfare Classification Plan,as an arterial road or a collector road. C. The site is located in the Seagate VFD District. 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. A child day care center may be permitted in any residential district subject to the dimensional requirements of the district. The site is currently zoned R-15. B. Off street parking meets the requirements of zoning ordinance. 37 spaces required&46 spaces provided including 2 Handicapped. C. The driveway access meets the requirements of the zoning ordinance. D. The entire play area is fenced with a minimum 4'high fence as required in the zoning ordinance. E. The outside sign is 2 Sq.Ft. maximum as described in the zoning ordinance. F. The construction and operation of facility shall comply with the provisions of the general statutes of the state of North Carolina and any other applicable Federal, State, or local 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. The surrounding land use is residential. The surrounding zoning is R-15. B. Elementary School use is permitted in all residential zones as shown in section 50.5 (Table of Permitted Uses) in the New Hanover County Zoning Ordinance. C. A retention pond is shown for storm drainage. Impervious area is 51,924 Sq. Ft. (36.1%) 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 primary use in the area is residential. B. Other schools and day care facilities are located in residential areas throughout the County. } 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1.All other applicable federal, state and local laws. D. The applicant shall provide a 25' setback from Sebrell Avenue. E. The Applicant shall also provide a 6' solid fence for screening along Sebrell Avenue. F. The applicant shall extend the proposed sidewalk along the eastern drive aisle to provide better pedestrian access from the parking area. Ordered this 4th day of October, 1999. a. \�G�✓�"" William A. Caster, Chairman Attest: ?'I'u Cl rk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Commercially Operated Outdoor Recreation (Paintball Club) The County Commissioners for New Hanover County having held a public hearing on October 4, 1999 to consider application number S-445 submitted by Steven Rhodes, a request for a special use permit to use the property located at 2211 Chair Road located along Chair Road in Castle Hayne and having heard all of the evidence and arguments presented at the hearing,make the f. following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 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 site is served by individual well and septic. B. Access to and from the site is proposed on Chair Road,which is a N.C. numbered road (SR1332). The proposed access appears to be existing for farming purposes. C. The site is bisected by the current alignment of the proposed Northern by-pass. D. The site is located in the Wrightsboro VFD E. Petitioner currently has a paintball field on the property. F. Although a portable 8'x12' building is proposed on the site,there will be no permanent buildings or structures constructed in association with the proposed use. G. The petitioner plans to obtain liability insurance. 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 subject property is zoned R-20 and the land classification is resource protection. Commercially operated outdoor recreational uses are permitted by special use permit in the R-20 zone. B. The Zoning Ordinance requires that adequate buffers shall be provided to screen adjoining residential uses from the effects of light and noise generated on the site. C. The Zoning Ordinance requires that the building setback is 50'from the right-of-way. D. The Zoning Ordinance allows for one ground sign not to exceed 32 sq. ft. provided the sign is setback 25' from the right-of-way. E. The Zoning Ordinance requires that access to the site shall be on a U.S./N.C. numbered road or a collector road as designated on the NHC Thoroughfare Classification Plan. The state road number for Chair road is(SR1332). j l 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 k' 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 surrounding land use is residential/farmland. The surrounding zoning is R-20. B. Commercially operated outdoor recreational uses are permitted by special use permit. Based on petitioner's letter the adjacent landowners have had no complaints about the existing paintball field and its associated activity. 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 proposed use appears to be in harmony with the area and is consistent with the NHC Land use plan. B. The proposed use should not have any positive or negative affect on adjacent property values. 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 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. 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. ri C. Other: 1. All other applicable federal, state and local laws. Ordered this 4th day of October, 1999. h`�. ( 1/ '11//1 D- �///��/� �� W�1 I ANA. a : : ; T; l * William A. Caster, Chairman Attest: '4;? ` "` `�"� •Cl k to the Board ff F i f 4., al 99 COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA i ORDER DENYING A SPECIAL USE PERMIT ) i Community Boating Facility (804 Inlet View Drive) i The County Commissioners for New Hanover County having held a public hearing on November 1, 1999 to consider application number S-446 submitted by Robert Ernst, a request for a special use permit to use the property located at 804 Inlet View Drive for a community boating facility and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL NOT be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. i 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the 1 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. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Testimony by adjacent residents indicates that the proposed facility would pose a navigational safety hazard in the Shinn Point canal. 1 i 3. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT 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: i A. The location, appearance, and size(number of landing spaces)of the facility would not be in harmony with the area. The concern is that the location would interfere with navigation of the canal and that single piers without lifts are more common and more in keeping with the area. rt 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 NOT been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED. Ordered this 1st day of November, 1999. .,,verlitic-„ / .)4,f&-,,,, a. a-,At- i "' William A. Caster, Chairman ti i Attest: 'jam` ,'i, s A14,__ - 'uf 1 Chi k to the Board 1 4 W .II a ? 1 y . G, /999 1 • 1 STATE OF NORTH CAROLINA g COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT x Mobile Home (S-448) The County Commissioners for New Hanover County having held a public hearing on December 6, 1999 to consider application I number S-448 submitted by Herb and Joy Fox, a request for a $ Special Use Permit to use the property located on 2029 Teresa t Drive and having heard all the evidence and arguments presented ( at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS : 1 1 . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 71-1 (3) of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County i Commissioners . t 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 1 and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT : A. Water and sewer service will be provided by well and i septic tank. 1 B. The site has direct access off Teresa Drive ( SR 2239) . i C . The site is served by Wrightsboro Volunteer Fire Department . 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, 1 the Commissioners make the following FINDINGS OF FACT : 1 A. Singlewide mobile homes are permitted by special use in R-20 Residential Zoning Districts . 1 B. Front, side, and rear yard setback of the R-20 will be met . C. Well and septic tank permits have been applied for and I received through Enviromental Health. ' t 4 . It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the third general requirement listed f 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. Mobile homes of similar character to the one proposed I are located along Teresa Drive . B. No data has been submitted indicating that providing this type of housing in an existing neighborhood will a 1 x f r cause property values to drop. 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 1999 Land Classification Plan identifies this area as Resource Protection. Densities greater than 2 . 5 units/lots per acre are not permitted. This lot has approximatley 25, 000 square feet . B. Other mobile homes are located along Teresa Drive near Castle Hayne Road. Y 6 . Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions : A. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the { proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect . C. Other: 1 . All other applicable federal, state and local laws . Ordered this 6th day of December 1999 .A .,- William A.Caster, Chairman Attest : 4111,• ,. • 4 ' ,�d erk to the Board . - . • ii..z, iiv,011.4.4 7 i 1 Gl /9t9 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT Mobile Home (S-449) The County Commissioners for New Hanover County having held a public hearing on December 6, 1999 to consider application } number S-449 submitted by Shelton Tate Sr. , a request for a ' Special Use Permit to use the property located on 719 Middle Sound Loop Road and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT ' and draws the following CONCLUSIONS : 1 . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 71-1 (3) of the County t Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners . i 2 . It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the t following FINDINGS OF FACT : A. Water (individual well) and sewer (individual septic tank) services already exists on the site . B. The site has direct access off Middle Sound Road. C. The Middle Sound Community is served by the Ogden s Volunteer Fire Department . i t 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 : 1 A. Singlewide mobile homes are permitted by special use in R-20 Residential Zoning Districts . B. Setback requirements of the R-20 District will be met . C. An existing single family residential home exists on ' site. Space requirements for a second residential use are met based on the applicant ' s site map. r 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 : 3 A. A mobile home park located east of the site has been in use for many years . B. No data has been submitted indicating that providing this type of housing in an existing neighborhood will cause property values to drop. 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. Other mobile homes are located nearby off Middle Sound Road. B. The 1999 Land Use Plan identifies this area as Resource Protection. Densities greater than 2 . 5 units/lots per acre are not permitted. 6 . Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions : A. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. } B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect . C. Other: 1 . All other applicable federal, state and local laws . { Ordered this 6th day of December 1999 . 4, William A.Caster, Chairman Attest : (741Ter to the Board 1St G, /999 i Addendum to Special Use Order In a Conditional Use Zoning District Office and Institutional Uses Case Z-635, 11/99 5 { i The County Commissioners for New Hanover County having held public hearing on December 6, 1999 to consider application number Z-635 11/99, submitted by William Alexander, a request to modify a special use permit in a conditional use zoning district to use the property located on Market Street and having heard all of the evidence and arguments presented at the hearing,make the following amendments and conditions to the special use order: a t €; 1. The revised site plan allows 28,700 s.f. of building area and 76,072 s.f. of impervious area. 2. Buildings supplemental to the proposed dental office will not be used for convenience t food stores, drug stores, day care, or electric/gas and sanitary services. 3. The buildings along Alexander Road must have minimum 2(two)dormers facing Alexander Road, and all service utilities for these buildings must be shielded from view. 4. The buildings along Alexander Road should be perpendicular to Market Street,and the parking at the ends of the buildings should not extend beyond the building setback. 5. All other applicable federal, state and local laws. k Adopted the 6th day of December 1999. ry 4ct* ' µ • � William A. Caster, Chairman 7 o" j� OF G PQ 1 iph. . i C : k to the Boar. t i i t t I t i a i I i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT In a Conditional Use Zoning District Office and Institutional Uses The County Commissioners for New Hanover County having held a public hearing on December 7, 1998 to consider application number Z-635, submitted by William Alexander, a request for a special use permit in a Conditional Use Zoning District to use the property located on Market Street 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(3) and 72 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 site has access to adequate water and sewer services. B. The site is located within the Ogden VFD District. C. The•site has direct access to Market Street. 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. A site plan pursuant to the Ordinance has been submitted. B. All other setbacks can be met. C. It appears protected trees will be preserved to the greatest extent practical with many being incorporated into the design of the 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. The site plan calls for the preservation of a substantial portion of the natural vegetation found along the western boundary adjacent to residential use. 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 site has direct frontage and there are other conditional use districts located along the road. 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: C. Other: 1) All other applicable federal, state and local laws. 2) Per site plan as revised. Ordered this 7th day of December, 1998. • 2,),484:4-.-- ea„ -- ,e\-/ William A. Caster, Chairman _ e Attest: �1r„�,� • . -rk to the Board • Affirmation this day of , 19 Applicant • • ti x 11?' AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 5 is hereby amended by removing the hereinafter described tract from the R-15 Zoning District Classification and placing it in the Conditional Use O-I Office and Institution Zoning District Classification, said land being described as follows: Beginning at a point formed by the intersection of the southeastern right-of-way line of Alexander Road and the northwestern right-of-way line of U.S. Hwy 17 (Market Street); running thence South 42 degrees 40 minutes 40 seconds West 335.60 feet; thence North 47 degrees 19 minutes 20 seconds West 388.55 feet; thence North 34 degrees 39 minutes 50 seconds East 184.85 feet; thence North 55 degrees 20 minutes 10 seconds West 65.25 feet; thence North 40 degrees 07 seconds 45 seconds East 119.82 feet; thence south 52 degrees 16 minutes 00 seconds East 486.07 feet to the point and place of beginning. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Zoning Area 5 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any.ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 7th day of December, 1998. Altif4 1\),X;,,,,, a William A. Caster, Chairman Attest: { 'Pt -rk to the Board gE i i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT In a Conditional Use Zoning District Neighborhood Business Retail Nursery Z-684,9/99 The County Commissioners for New Hanover County having held a public hearing on December 6, 1999 to consider application number Z-684 submitted by Pete Vinal, a request for a special use permit to use the property located in the 6300 block of 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 f 1 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 1 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted ; and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF f FACT: 1 A. The site is served by private well and septic. B. Access to and from the site is proposed on Carolina Beach Road. Carolina Beach Road is classified as an Arterial road on the New Hanover County Thoroughfare Classification Plan. I C. The site is located in the Myrtle Grove VFD. i 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and 1 specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF 1 FACT: 1 A. The subject property is currently zoned R-15 and is classified as Resource Protection by the 1999 New Hanover County Land Use Plan. B. The applicant is requesting a Conditional Use B-1 rezoning to allow a Retail Nursery Operation. 1 Wholesale Nursery Operations are permitted by right in an R-15 zone. 1 C. Building setbacks are based on building height. The applicant has indicated that the proposed buildings are one story. The maximum building height is 35'. D. The required bufferyard is 50% of the building setback or a minimum of 20' whichever is greater. E. The parking shown on the plan meets the zoning requirements. F. The principal use sign must not exceed 300 sq. ft. and must be setback a minimum of 10' from the right-of-way. G. The site plan does not address any tree preservation apart from the bufferyard areas. 1 i 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value 1 of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, g the Commissioners make the following FINDINGS OF FACT: I A. The adjacent and surrounding zoning is R-15 with the exception of a portion of the property i south of the subject site which is zoned CD(B-1). s 1 B. The primary access to the residential property adjacent and north of the site is through an access easement. C. The site is currently vacant and wooded. D. Three established neighborhoods are located in close proximity to the site. Battleground Park to the north,Country Place to the east and Laurel Ridge to the south. E. There are two major commercial districts within a mile north and south of the subject site. 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. There are two other conditionally approved commercial areas south of the subject property and across the road. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other:, 1. All other applicable federal, state and local laws. Ordered this 6th day of December, 1999. < William A. Caster, Chairman Attest: CT k to the Board