Special Use Permits 2000 COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
S-451 Child Day Care Facility
(Between Greenbriar& Woods Edge)
The County Commissioners for New Hanover County having held a public hearing on ;<
January 3, 2000 to consider application number S-451 submitted by Howard Capps, a request
for a special use permit to use the property located between Greenbriar and Woods Edge
Subdivisions for a community Child Day Care 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 f.
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.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT
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. In support of this conclusion,the Commissioners make the
following FINDINGS OF FACT:
A. Access to and from the facility would cause dangerous traffic movements, therefore,
endangering the public health and safety.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT
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 additional traffic, the views to the site, the noise from the site, and the potential
drainage impacts could adversely affect property values.
4. 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:
A. The site would not be in harmony with the residential subdivisions surrounding the property.
i
5. 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 3rd day of January, 2000.
et 7■ 1
William A. Caster, Chairman
Attest: NOR$
V ' 1�Z02/-/A---
Cl k to the Board
}
4 ?
qP
i1
-s 4P b
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
S-450 Community Boating Facility
(5000 Block of Hewlett's Way off Greenville Loop)
The County Commissioners for New Hanover County having held a public hearing on
January 3,2000 to consider application number S-450 submitted by Dr. Henry Hawthorne and Mr.
Clarence Alford,a request for a special use permit to use the property located in the 5000 block of
Hewlett's Way off of Greenville Loop Road and having heard all of the evidence and arguments
presented at the hearing, make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 72-27 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 subject property is served by City water and County sewer.
B. The site is located in the Seagate VFD.
C. Access to the proposed pier is through a 10' pedestrian access easement between lots 1 &2 on
the site map.
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 Conservation. Community
boating facilities are permitted by special use permit in the R-20 zone.
B. The zoning ordinance requires that the petitioner must demonstrate that the project will have
minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation
resources.
C. Off street parking must be provided on site at one space per boat slip, or on nearby residential
lots.
D. The number of boat slips must not exceed the number of residential lots or dwelling units within
the associated development.
E. The right to use the facility must be conferred by an easement appurtenant to the residential
project it is intended to serve.
F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and
foodstuffs, shall be strictly prohibited.
1
3
,
•
.
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-20.
B. Several of the residences have existing private residential piers.
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. Provided the proposed facility does not encroach on the riparian rights of other surrounding
properties and that access to Hewlett's creek is not obstructed,the plan appears to be in keeping
with existing area
B. New Hanover County land use policies encourage the consolidation of riparian access.
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 3rd day of January 2000.
�
A to,„&....... a. oa....*A.,
* ,, : a William A. Caster, Chairman
Attest: `3y`_ Qo 1
' NOIMIk
Cl.rk to the Board
3.
3 5r
F
} 11
\ 96 39Vd Of N000 dVN =
c,c
NO 035V8 383NOVIY I f i
t c,,, . I Z Q
\ In 0 W U h * 1
0 O h \\\ °Z ¢ - 3 W 2 0,10 Q 2 \\ a r � oZ S ° 4 f.
Zp ° Zd Q' o $ z
\\ �HLL�NU 0i $<, W .. -m1�
m N EL,..„
\ 0.�,o Yrc°u zrc J t
J €< / Waii06W ZO�m a,, U 2 i6.1).., G
40.. ° VVV11i
I n°M X W m Wv ZW ZO i^ ? w iY=J
0 yQ z \°' WK 0°6YZ VW' , 5x=
<°y / �\ IJ NKU UW )2mSW aF<-°O Q Ul v,3:1
LL a // // \ Za �VV/`,1I(V�1 o yW�< W� � `.
• / / \\ QFWI.UN ` %
• / / r 3 W / 0
N\ // / \ W0W 5P4.qffo8� Q ' f
\ / \ F � «LLZ°W
\ .,/� F / / \ 2 lV.i Y.1.d,�m F
\ O .a i / \ •
t
{ �\ \ n / m \\ i
o\ \ / by yF / na \ II
• \'\\ \\ //1'.41` /\\ w�3°n \ 41 x
,\.\ / pA// IoW \� €
>; ?• , /s,
(NJ '41 / o v)
IP1Nt. V 0�m / o
\\ 1n°
t N \\\ J 0 / 4=-'d // I
—� 6,2\\may JS-� �/ sue. I E
v°.Q \ \ PO.
�� 11 d ///
* d p•� 1353/ p
///' ---
< 2'o sus is 1. o s
W 1 I ' ' <9.'4
W
<
1!e \L •h N ■ / / .
cc JNF" \/ / / 1
'�,
J.- Ny 3N �o / /
. sf ,by0 2s / //1 .� n F
O h ��1 04 / / la a e
CL w / / I'
z o (\\\I / Z y;
�' O Q N F
' y 0 U e. cs,O V/ �' ° p 1 c N
1--1 ° 1 N
1 1 °'
�_ 0 CS 6 `�� w
`�tiuuwuW„��� Z
N u V `�0� .....b� .,�5 la u 11
(n d .4'0\4.41-
Q O % x 4.
� 1
L 'W C 'Z_ Z. W 1 n
Q LL 'c d ...P a
Q < V 44/1iun1{110
\
t
t
,
i
} ' ,
fLS{
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
S-452 Membership Sports &Recreation Club
(6101 Murrayville Road)
The County Commissioners for New Hanover County having held a public hearing on
March 13, 2000 to consider application number S-452 submitted by Mr. Stan Bullock& Mr. Chip
Hicks, a request for a special use permit to use the property located at 6101 Murrayville Road
and having heard all of the evidence and arguments presented at the hearing, make the following
FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth
in Section 72-27 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. The site is located in the Wrightsboro VFD.
C. Access to and from the site is proposed on Five Acre Road,which is a residential road and is not
classified,as an arterial road by the New Hanover County Thoroughfare Classification Plan.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
second general requirement listed in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
A. The subject property is zoned R-15. A Membership Sports& Recreation Club is permitted by
special use permit in all residential zones, subject to the dimensional requirements of the district.
B. A site plan has been submitted which meets all of the requirements of the zoning ordinance.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure the
value of adjoining or abutting property, or that the use is a public necessity. In support of this
conclusion,the Commissioners make the following FINDINGS OF FACT:
A. The surrounding land use is residential and the surrounding zoning is R-15.
B. The primary access to the site is through a residential neighborhood.
C. Parking for the site is directly adjacent to the residential neighborhood but appears to be
adequately screened.
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 applicant has begun some clearing for the parking area and field improvements have been
completed.
B. The fields are substantially screened from nearby residents.
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. Provide a 25' buffer along the parking area and along field"A"where the adjacent
property owners request buffering.
B. Buffer should be planted to the satisfaction of the adjacent residents but does not have to
exceed 3 rows of vegetation as described in the New Hanover County Zoning Ordinance.
C. Directional lighting only permitted for field "B." Lighting must go off by 7:00 p.m.
D. No spectator bleachers, PA system or street parking permitted.
Ordered this 13th day of March 2000.
.tut■ C,
4101 III
* S1ry,
William A. Caster, Chairman
.- Qo
Attest: pFc?'
.1 . •
-rk to the Board
o-
1
v
r
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER {'
ORDER GRANTING A SPECIAL USE PERMIT
A CONDITIONIAL USE ZONING DISTRICT F
PROFESSIONAL OFFICES
z-687
The County Commissioners for New Hanover County having held
a public hearing on March 13, 2000 to consider application number t
z-687 submitted by Giles Oleander, a request for a Special Use
Permit to use the property located on the northwest side of Giles '
Avenue, 200 feet southeast of Giles Avenue/Park Avenue
intersection and having heard all the evidence and arguments r
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 72-27 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 k
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. s
In support of this conclusion, the Commissioners make the 1
following FINDINGS OF FACT : }.
i
A. Public water and sewer service will be provided.
i
B. The site has direct access off Oleander Drive, secondary `
access off Giles Avenue .
C. The site is served by the Seagate Volunteer Fire
Department .
I
D. According to the applicant, the property does not lie
within the 100 year flood zone .
s
3 . It is the County Commissioners ' CONCLUSION that the g
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. One 800 square foot building will exist on site . t
B. Front, side, and rear yard setback and buffer yards
from the structure will be dictated by the height of
the building.
C. Adequate parking is provided with 25 spaces shown on
the site plan; 20 spaces are required. 1
4 . It is the County Commissioners ' CONCLUSION that the 1
proposed use does satisfy the third general requirement listed 1
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. Proper landscaping, setbacks, and buffer yards should
mitigate impacts to adjoining residential property.
B. Other similar type land uses ( commercial and
professional) exist nearby ( Oleander Drive)
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 Developed. Densities greater than 2 . 5 units/lots per
acre are permitted.
B. As noted, other similar land uses such as commercial
and professional offices exist nearby.
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 roof line remain consistent in the front and back
of the building.
E . Utilities ( heating and air ) shall be hidden/screened
from Giles Avenue .
{
Ordered th.`m h day of March, 2000 .
> William A.Caster, Chairman
Attest : ' NI)
3
lerk to he Board
5
yS
9 4
1
1
7
S
Z
?.edh.44/ -27 !
, 611.v.....s- ,
3 ao0
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ri
ORDER GRANTING A SPECIAL USE PERMIT
Personal Care Facility
(Yahweh Center) t•
The County Commissioners for New Hanover County having held
a public hearing on April 3, 2000 to consider application number f
S-454 submitted by Howard Capps for Carla Roberts, a request for a (
Special Use Permit to use the property located at 5337 Blue Clay
Road having heard all the evidence and arguments presented at the k
hearing, makes the following FINDINGS OF FACT and draws the
following CONCLUSIONS :
i
1 . The County Commissioners FIND as a FACT that all of the
specific requirements set forth in Section 71-1 (3) of the County g
Zoning Ordinance WILL be satisfied if the property is developed t
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. Well and septic systems are proposed on site . Future
community water and public sewer are also proposed.
B. Primary access to the facility will be from Blue Clay
Road. Blue Clay Road is a collector road based on the (
New Hanover County Thoroughfare Classification Plan . 1
C. Fire protection will be provided by Castle Hayne VFD. 1
D. This site is not within the 100 year flood zone or
contain conservation resources . 1
E . Average daily traffic data ( 97) north of the site at
the intersection of Blue Clay and Holly Shelter Roads
is 980 .
F. The site plan displays a fence around the perimeter of
the property. A gate is also proposed for the (
entrance.
i
3 . It is the County Commissioners ' CONCLUSION that the f
proposed use DOES satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required
conditions and specifications . In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT :
i
A. Personal care facilities are permitted by special use
in an R-15 Residential Zoning District .
B. Adequate setbacks and buffering requirements will be
utilized to mitigate adjoining land uses north and
south of the site .
C. The site plan displays a total of 49 parking spaces .
Approximately 48 spaces are required.
D. Other site plan technical specifications meet the
intent of the Ordinance .
(
L
L
♦ 5
E
i
t
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. Four (4 ) residential and two (2) future cottages are w
displayed on the plan. No more than six ( 6) children {
will occupy each cottage .
B. Open space consisting of a playground and garden area
are proposed on site .
C. An administrative building and "activity barn" will be
i
located in the existing B-2 Highway Business District
located at the western end of the site . 1
D. NCDOT Offices will adjoin the property to the west . 1
i
5 . It is the County Commissioners ' CONCLUSION that the
proposed use DOES satisfy the fourth general requirement listed
in the Ordinance; namely that the location and character of the i
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 1
i
make the following FINDINGS OF FACT :
i
A. The 1999 Land Classification Plan identifies this area (
as Resource Protection . Generally, residential 1
densities greater than 2 . 5 units per acre shall not be
permitted. Compatible as long as important resources t
are not adversely impacted. F
B. No statistical data has been presented indicating that
adjoining land values will decrease if the proposed
use is developed.
C . A mixture of single family structures (stick built and
mobile homes) exist nearby.
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 i
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 . i
C. Other: 1 . All other applicable federal, state and
local laws . 1
1
Ordered this 3rd day of April 2000 .
I
i
"�Rl.,L•r,� a tV Q• ��l•-
�,. Q
William A.Caster, Chairman
10�
Attest :
Jerk to the Board
•
't a
re
{
{
p3
_ t
•
_3' D°b Qom- S
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
A CONDITIONAL USE ZONING DISTRICT
LIGHT RETAIL & PROFESSIONAL OFFICES (MYRTLE GROVE BUSINESS PARK)
Z-694
4
s
P
The County Commissioners for New Hanover County having held &
a public hearing on April 3, 2000 to consider application number
Z-694 submitted by Gulf Stream Properties, a request for a
Special Use Permit to use the property anchored between Carolina
Beach Road and John Henry Drive, west side of Carolina Beach
Road, addresses 5658 add 5662 Carolina Beach 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 k
Zoning Ordinance will be satisfied if the property is developed
in accordance with the plans submitted to the County
Commissioners .
x
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. Water and sewer will be provided on site .
B. The site will have primary access from Carolina Beach
Road, secondary access from John Henry Drive located to
the rear of the property. fi
C . The site will be served by Myrtle Grove VFD.
D. This site does not fall within the 100 year flood zone
and does not contain conservation resources .
E . The proposed site is located in a heavy commercial and
professional office environment off Carolina Beach F
Road.
3 . It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required
conditions and specifications . In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT :
A. One existing building with approximately 1, 875 square x
feet is located on site .
B. Phase 1 of the project will consist of retail space of 1
approximately 14, 400 square feet consisting of 2
detached structures .
C. Phase II of the project will consist of 2 detached
structures totaling 18, 000 square feet .
z
k
Y
D. Partitions, Inc. will occupy approximately 7, 800 square z
feet (3 attached structures) .
E . Parking requirements will be in accordance will Section
81 of the County' s Zoning Regulations . The applicant ' s
site plan displays 139 spaces .
F. Setback and buffer yard requirements will be dictated
by the height of each structure in accordance with t
Section 67-4 of the County' s Zoning Regulations .
F
4 . It is the County Commissioners ' CONCLUSION that the 4'
proposed use does satisfy the third general requirement listed
in the Ordinance; namely that the use will not substantially q
injure the value of adjoining or abutting property, or that the ff
use is a public necessity. In support of this conclusion, the )
Commissioners make the following FINDINGS OF FACT :
A. Proper landscaping, setbacks, and buffer yards (front & (
rear of site) should mitigate impacts to Carolina Beach (
Road and John Henry Drive . fi
B. Other similar type professional office and commercial
uses exist nearby along Carolina Beach Road.
is
1
5 . It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the fourth general requirement listed r
in the Ordinance; namely that the location and character of the k
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 1
in general conformity with the plan of development for New
Hanover County. In support of this conclusion, the Commissioners s
make the following FINDINGS OF FACT : I
A. The 1999 Land Classification Plan identifies this are F
as "Developed. " Intensive development and ?
redevelopment of these areas is encouraged.
B. As noted, other similar uses such as commercial and
professional offices exist nearby.
{
Therefore, because the County Commissioners conclude that z
all of the general and specific conditions precedent to the t
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
A. That the applicant shall fully comply with all of the
4
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 .
. {
} � {
' {
O. Uses are limited to light retail (B-1) and Office &
Institution (O&I) / Professional Offices .
} (
} {
� {
� (
� [
� [
� {
� {
[
� {
Ordered this 3rd day of April, 2000 .
(
{
ae ,
�� '
01
* {
�_ William A.CASTER, Chairman
-1
Attest :
qie4K.) /A744.11,./a--
Clerk to the Board
{
{
� (
� [
� (
mss-47 Q s
3 aIoo
G
o
1
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
E
ORDER GRANTING A SPECIAL USE PERMIT
Residential High Density
(Lakes@ Johnson Farms : Phase II A)
t
z
The County Commissioners for New Hanover County having held F
a public hearing on April 3, 2000 to consider application number
S-455 submitted by South College Associates, a request for a
Special Use Permit to use the property located on the last side
of Carolina Beach Road and having heard all the evidence and
arguments presented at the hearing, makes the following FINDINGS
OF FACT and draws the following CONCLUSIONS :
I
1 . The County Commissioners FIND as a FACT that all of the 1
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
Commissioners .
s
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 E
FINDINGS OF FACT : t
`k
A. Public water and sewer service will be provided. 4
B. The site will have access to Carolina Beach Road. I
i
.
C. The site is served by the Myrtle Grove Volunteer Fire r
Department .
4
Z
D. The property does not lie within the 100 year flood
zone .
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. Seven (7) lots are proposed based on the site plan.
B. Setbacks and buffering from adjoining land uses will be
met .
C. Site plan technical specifications meet the intent of
the Ordinance .
4 . It is the County Commissioners ' CONCLUSION that the
proposed use DOES satisfy the third general requirement listed in
the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a
public necessity. In support of this conclusion, the
.
Commissioners make the following FINDINGS OF FACT :
A. Proper setbacks will be utilized to mitigate impact to
adjoining land uses to the west .
B. Similar type land uses (residential) exist 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 1999 Land Classification Plan identifies this area
as Developed Densities greater than 2 . 5 units/lots per
acre may be permitted.
B. Single family detached homes are proposed. Other
single family detached structures are located nearby.
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 3rd day of April 2000 .
(
�
aA ' ' z William A.Caster, Chairman
Attes '" NO{ ��
J �y erk to the Board
A
414;6
3, 4 00 Qom-
. � ►, tom- a 7
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA °
ORDER GRANTING A SPECIAL USE PERMIT
IN A CONDITIONAL USE ZONING DISTRICT
Z-698,03/00 Landscape Services and General Offices
(7735 Market Street)
The County Commissioners for New Hanover County having held a public hearing on
April 3, 2000 to consider application number Z-698 submitted by Jackson Investments, a request
for a special use permit to use the property located at 7735 Market Street and having heard all of
the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT
and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth
h' P q
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 located in the Ogden Volunteer Fire District
B. The site is served by onsite well and septic
C. Access to and from the site is proposed through the adjacent parcel's existing curb cut on 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. Several trees will be preserved and incorporated into the design of the site.
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 shows the required minimum 20' bufferyard from the adjacent residential zone.
B. The site plan meets the SHOD requirements.
C. Incorporating the existing entrance into the design, allows for less disturbance along the street
front which will ultimately create a less intrusive project and will allow better traffic movements.
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 on Market Street and there are other conditional use districts located
along the road, including the adjacent conditional use B-2.
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 peermit
shall become void and of no effect.
C. Other: All other applicable federal, state and local laws.
Ordered this 3rd day of April 2000.
x w William A. Caster, Chairman
Attest: y Q°
ENO%
qfp/�- • A '
C -rk to the Boars
.4 abO
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
Day care Facility Expansion
F }
ygk
2 L
The County Commissioners for New Hanover County having held
a public hearing on April 3, 2000 to consider application number
S-456 submitted by Deborah Hammonds, a request for a Special Use
Permit to use the property located at 238 Yulan Drive in Silva
Terra development 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
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. Community water and County sewer are in place .
B . The residence has direct access from Yulan Drive in
Silva Terra .
C. Silva Terra is served bly the Myrtle Grove VFD.
ti D. According to a survey of the property, the area is not
located within the 100 year flood zone .
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 following FINDINGS OF FACT :
A. Home Day care operations are permitted by special use
in residential zoning districts .
B. Adequate open space along with a fenced-in back yard
and playhouse already exist .
C. Parking will be utilized by an existing driveway and
yard on the petitioner ' s property.
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. A home Day care operation consisting of five (5)
children has been in existence for eleven (11) years .
Residential concerns have not been raised. Three (3)
{
additional children are proposed.
B. Similar type operations exist in residential districts
throughout New Hanover County.
C. No evidence has been presented that residential daycare
operations decrease the value of adjoining property.
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 Developed Densities greater than 2 . 5 units/lots per
acre may be permitted.
B. The existing Day care facility will not increase in
sized with the addition of three (3) children.
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. Adequate turn around in the driveway for drop off and
pick-up safety.
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. Other: 1 . All other applicable federal, state and
local laws .
Ordered this 3rd day of April 2000 .
,.,‘1I14rr a.
A ���1►
41k - * William A.Caster, Chairman
Attest : NOfCO
.
1(A • 4,.
Clerk to the Board
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a 10 Slip Community Boating Facility
S-453,03/00
The County Commissioners for New Hanover County having held a public hearing on April 3,2000
to consider application number S-453 submitted by Charlie Hollis for Jack McPhail,a request for a special use
permit for a 10 slip community boating facility for parcel 7200-002-006-000 located off of Masonboro Sound
Road, north of Oyster Bay subdivision and having heard all of the evidence and arguments presented at the
hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27
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 Y;
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 served by private well and septic.
B. The site is located in the Winter Park VFD
C. Access to the facility will be conferred to the residents of the
proposed subdivision.
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-15 and the land classification is
Conservation. Community boating facilities are permitted by special use
permit in the R-15 zone.
B. The zoning ordinance requires that the petitioner must demonstrate that
the project will have minimal impacts on water quality, primary nursery
areas, shellfish grounds, and conservation resources. (The petitioner
has applied for permits with CAMA & the Corps)
C. Off street parking must be provided on site at one space per boat slip,
or on nearby residential lots.
D. The number of boat slips must not exceed the number of residential lots
or dwelling units within the associated development. (A subdivision site
plan has not been submitted to the Planning Department. The petitioner
will submit a subdivision plan based on the number of approved boat
slips)
E. The right to use the facility must be conferred by an easement
appurtenant to the residential project it is intended to serve.
F. Commercial activities, including but not limited to the sale of
gasoline, oil, marine supplies, and foodstuffs, shall be strictly
prohibited.
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. The adjacent subdivision to the south has an existing community pier.
The petitioners proposed facility would use the same channel for access.
Several of the residences have existing private residential piers.
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. New Hanover County land use policies encourage the consolidation of
riparian access.
B. County policies state that the development of marinas should be allowed
as a means of providing public access provided they do not adversely
affect estuarine resources or public trust waters, they should not be
allowed in primary nursery areas, high ground facilities are acceptable.
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.
2. Limit boat slips to 10
3. Lighting for the facility be directed downward and toward the
marina facility
4. The proposed facility does not obstruct riparian rights of
adjacent properties.
5. The southern most bulkhead, adjacent to the Oysterbay property
line, be setback a minimum of 25 feet from the property line.
6. The bulkhead adjacent to the Oysterbay property line is designed
by a certified engineer.
Ordered this 3rd day of April 2000.
4■111
1-3 a. ce.„±„,
'` William A. Caster, Chairman
Attest: 1rP
410117;
lerk to the Board
J
//// / Z C U'
/ c — >_
/ X W
y,A�� 1 / -c U 0 \
/ � � (�,
O� / cn
/ '
o A / / D _J -t
9 9 -a 0 0 Of/o / t�..
9 r�1 z ,5 / O F-
•� '},. '�. . /Q. // Iv U I X Id
•
4� 0f, ��♦/ w- /0
O
NC
c °rte / — /
9 a)L.
..,4 C.) .
r .V•
p^'( C
.- ill
r
9 9 \ ♦ o
J•
1 9 9
9 J o
N O O•
÷ 5 1 a. �n
• 9 9 9 9 1
•9 9 9 9 9 •0 °. I i
1 U
1 9 + 9/ 1 Q I-
C� 0 1 Li.. W 0 IL
j I9 Q ` a aU z 1 Z o Z
( Q mu. � 1 Y
w U O
9 a r;. , 4 J N z
♦ U >-•U U U
9 F oa z I to
a 9 1 d 9 X U ° y j C
3 h°y W 2 W I -
9
• •:r 9 , ?� r� L I
• I- � I LS—
a, z I o
1
9 9 �- v) I
x I
9 9 9 o w 11
9 9 �. i
9Q < a 0 1 _
cKi+.— x 'f� y, J
'; 9 z o 0 I
3 9 9 9 zz
9
i 9 t`r� }
,`am y d
.il .... .
Pi♦ N OD Q Y ~ E
_ _ _ _ ._.._ .. ... . . ZL . .ILI Z
I
I _s y� p /1 `, j11
a.
•= n J °r r Z(nUUO ¢ E
, /* ti — >'" X rage■ °z � z<UV>=1
� _
CI •
s nQWJWy=�t�1 CE
N 2 ; Q �li. Z �Z c-V-tal
C
W lig v ¢
r
• 9 •
°`s
/.... R 1
Zp <• 1 4- 0. b A.•
L-
mnnncmlEunnnmmmmmnn ....
x[YMOMYO3 3014 .9 Pw° d
ob b
'TM.9 1N y 3a i
J
,Oa .O .O .SZ o_
F. . AN H'• m,i
H
13z.6-t°
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a 10 Slip Community Boating Facility
S-453,03/00
The County Commissioners for New Hanover County having held a public hearing on April 3,2000
to consider application number S-453 submitted by Charlie Hollis for Jack McPhail,a request for a special use
permit for a 10 slip community boating facility for parcel 7200-002-006-000 located off of Masonboro Sound
Road, north of Oyster Bay subdivision and having heard all of the evidence and arguments presented at the
hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27
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 subject property is served by private well and septic.
B. The site is located in the Winter Park VFD
C. Access to the facility will be conferred to the residents of the
proposed subdivision.
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-15 and the land classification is
Conservation. Community boating facilities are permitted by special use
permit in the R-15 zone.
B. The zoning ordinance requires that the petitioner must demonstrate that
the project will have minimal impacts on water quality, primary nursery
areas, shellfish grounds, and conservation resources. (The petitioner
has applied for permits with CAMA & the Corps)
C. Off street parking must be provided on site at one space per boat slip,
or on nearby residential lots.
D. The number of boat slips must not exceed the number of residential lots
or dwelling units within the associated development. (A subdivision site
plan has not been submitted to the Planning Department. The petitioner
will submit a subdivision plan based on the number of approved boat
slips)
E. The right to use the facility must be conferred by an easement
appurtenant to the residential project it is intended to serve.
F. Commercial activities, including but not limited to the sale of
gasoline, oil, marine supplies, and foodstuffs, shall be strictly
prohibited.
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. The adjacent subdivision to the south has an existing community pier.
The petitioners proposed facility would use the same channel for access.
Several of the residences have existing private residential piers.
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. New Hanover County land use policies encourage the consolidation of
riparian access.
B. County policies state that the development of marinas should be allowed
as a means of providing public access provided they do not adversely
affect estuarine resources or public trust waters, they should not be
allowed in primary nursery areas, high ground facilities are acceptable.
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.
2. Limit boat slips to 10
3. The northern proposed retaining wall shown on the plan as 360
feet be reduced to 260 feet provided that the shorter length
does not preclude having 10 boat slips.
4. The proposed facility does not obstruct riparian rights of
adjacent properties.
5. A subdivision plan is filed prior to the issuance of the special
use permit.
IQ 1
Ord-,-� 3rd day of a9'2000
4% C,
, 1► y
r 2 William A. Caster, Chairman
Attest: ' wad
C erk to the Board
• E
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
Transmission Tower
(Greenview Ranches Development)
The County Commissioners for New Hanover County having held
a public hearing on May 8, 2000 to consider application number S-
458 submitted by Sea-Comm. , Inc . for Parks Downing, a request for
a Special Use Permit to use the property located at 1900
Plantation Road 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
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. No restroom facilities will exist on site as proposed.
The area is served by individual wells and septic
systems .
B. The proposed site has direct access from Plantation Road.
Plantation Road contains a 60 foot right of way and is
unimproved. The road is not on NCDOT ' s Highway
Maintenance System.
C. The Greenview Ranches are is served by the Ogden VFD.
D. According to the County' s Zoning District Map, this
property is not located within the 100 year flood zone .
E. The area where the tower is proposed is not heavily
wooded. The closet residential home is 1, 000 feet away.
F. Guide wires supporting the tower will be fenced.
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 where the tower is located is zoned R-15
Residential . Transmission towers are permitted by special
use permit only.
B. No County conversation or historical resources are
located on site .
C. The Wilmington Bypass also known as the Northern Outer
Loop does not encroach into the proposed site .
D. The proposed use will be in accordance with Section 69 . 17
of the County' s Zoning Regulations, Telecommunication
Facilities, Cellular and Related Towers .
E. The transmission tower is proposed to be 350 feet .
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
public necessity. IN support of this conclusion, the
Commissioners make the following FINDINGS OF FACT :
A. Similar type cellular facilities exist in residential
neighborhoods throughout New Hanover County.
B. No evidence has been presented that this tower will
decrease property values or exist as a health hazard to
residents that may live 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 New Hanover County Land Classification Plan
identifies this area as Rural . This land class provides
for areas of low intensity use such as agriculture,
forest management and other agrarian type uses .
Commercial and industrial type uses may be allowed
provided that natural resources are not adversely
affected.
B. As stated, tower facilities in residential zoning
districts exist throughout New Hanover 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 .
-The approval of this special use permit veal' "replace the permit
issued by the County to Ms . Martha Lee (S-429) in May, 1998 for
a nearby facility 500 feet in height.
Ordered this 8Th day of May, 2000 .
I
• i
.i'ER c0
rM�X1.1 *
NOVO r William A.Caster, Chairman
Attest :
cltt;tvY/75/e1421--
Clerk to the Board
t
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
S-464,06/00 Doublewide Mobile Home
In an I-2 Heavy Industrial Zone
The County Commissioners for New Hanover County having held a public hearing on June
5, 2000 to consider application number S-464 submitted by Ernest an Colette Carr, a request for a
special use permit for a doublewide mobile home in an I-2 Heavy Industrial zoning district located
at 4805 Holly Shelter Road and having heard all of the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 72-27 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 private well and septic. Applications have been submitted for Health
Department approval.
B. The site has direct access to Holly Shelter Road.
C. The site is located in the Castle Hayne 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. Doublewide mobile homes are permitted by Special Use Permit in the I-2 Industrial District.
B. Setback requirements for mobile homes in the I-2 district coincide with the setback
requirements in the R-15 residential zoning district and will 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 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'remains of a single family home that burned in September 1999 exist on the site.
B. There are some single-family homes, some mobile homes and a cemetery on nearby lots
within the same I-2 zone.
C. No data has been submitted indicating that this type of housing will injure the value of
abutting properties.
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 property is located in the resource protection Land Classification as designated by the
Comprehensive Plan.
B. Other residences are located nearby within the I-2 district.
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 5th day of June, 1999.
*f . William A. Caster, Chairman
Attest: 94'
NOTO
•
C erk to the Board
{
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
S-457,04/00 Community Boating Facility
(Charleston Landing at Windy Hills)
The County Commissioners for New Hanover County having held a public hearing on
May 8, 2000 to consider application number S-457 submitted by Southern Lifestyles, a request for
a special use permit for a nine slip community boating facility located in Charleston Landing
Subdivision at Windy Hills 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.
2. 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:
A. The use if developed according to the plans submitted would not be in conformity with the
policies set forth in the Wilmington,New Hanover County, CAMA Land Use Plan.
3. 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 8th day of May 2000.
410MFR,
1 " William A. Caster, Chairman
Attest:
NORM
.0
Y,./1))/44
a erk to the Board
•
' Af477-1a)ao-rig.c.1te .
/0, 40o0
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING/A SPECIAL USE PERMIT
IN A CONDITIONAL USE ZONING .DISTRICT
, Woodworking Shop
The County Commissioners for New Hanover County having held
•
a public hearing on April 1 , 1991 to consider application number
•
Z-43'3 submitted by George Miars , a request for a . Special Use
Permit in a Conditional Use . Zoning District to use the property
located at 1726 North Kerr Ave. , 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 ) and 72 as
applicable 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 use would be housed in an existing non-residential
structure. Woodworking activity is conducted there •
now.
B. An existing well and septic tank will serve the
facility.
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 requited
conditions and specifications . In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT: •
A. The proposed use is permitted by right in the Al
Airport Industrial District.
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 use will be located in a pre-existing
non-residential structure .
•
B. The site is located adjacent to the New Hanover County
International Airport.
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. As noted, the facility will be housed in a pre-existing
non-residential building. It has been on the site
since June, 1976 .
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 Federal, State and local laws
applicable .
2 . Additional conditions :
- Bufferyard requirements of Section 67 be
applied.
- Signage not affixed to the principal structure ,
be limited to ground signs .
- Noise levels not exceed the levels now generated
by the power equipment in use.
- All materials and equipment bQ stored inside the
buildings .
- Test wells be provided to determine water
quality adjacent to existing underground storage
tanks .
Conditonal Use District Revision: Z-433; Conversion to Office Building
Because the County Commissioners conclude that all the general and specific conditions
precedent to the issuance of a special use permit have been satisfied, it is therefore ordered that
the-applicant's petition to.establish an office building be approved. Approval is subject to the
following conditions:
'A. That the applicant shall fully comply with all the requirements stated in the
ordinance for the proposed use, as well as any 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 comopetent
jurisdiction, then this permit shall become void and of no effect.
C. Conditions:
1. Requirements of the 1991 order. .-
2. Installation of buffer yards per Zoning Ordinance. •
../f‘ZZ.• , * WZ;t'" a
William A. C
.- a aster, Chairman
•Qom' pQ� •
Attest:
1111,1 A e
C erk to the Board
Conditional Use District Re'visi'on: Z-43'3; 06/00; Additio'n to Office Build_
A. Conditions :
1. Requirements of previous orders .
2 . Existing 20 ' buffer remain undisturbed.
3 . The addition must meet the required setbacks of the New Hanover
County Zoning Ordinance unless a variance is granted by the Zoni
Board of Adjustment.
4 . If a variance is approved by the. Zoning Board of Adjustment the
addition may not exceed 1797 s .f. which is the area proposed on
submitted site plan.
Attest: p ER coo
1 4ne.. /j * lataw" a
a erk to the Boar.
"5N00.-,"" or=
P
of NOFT�`Q
William A. Caster, Chairma
Ordered this 10th day of July 2000
•
t 6
•
.
t
// LOCATION MAP
, ' ( NOT TO SCALE )
/ N. KERB AVE
•
- GORDON ' ry
ill z.____ _ _____ _ .
- ROAD . v
P, CORDON R0. 2
// POWER �•
•
/ POLE N
\�'/ N 5526'08"E
■ /.Y 27.79 V
�J��P-�l II
P
OF °32 -/- ,
c I ti /
�V �\,\� / I OVERHEAD
� /QV 00 /' n I POWERLINE
L\ S �/ 19680 SF
/ °„ /• s °12 0.452 Ac I POWER
/ / 02$
/ e // DRP 25 zs•
/ h
/01
POWER l
CONCRETE N/F DAN E. INMAN
POLE�� WALK ` 1 ONE ST OR ry MARIE P. INMAN
,t� D.B. 931 PG. 679
o •
OVERHEAD soli_ ;� •h
POWERLINE _
aid', '•u
Li, o»
O:
F
�
s
N/F OTIS J. ATKINSON, JR. `A
/ .
JEAN ATKINSON _ MONITORING WELLS
20'
D.B. 1004 PG. 205 SETBACK o = CONCRETE BASE FOR LIGHTS
3
NOTES /
` 1. AREA COMPUTED BY.D.M.D. METHOD
Ccrtif-icateofApproval
2. ALL DISTANCES ARE HORIZONTAL / '
3. FOR REFERENCE SEE AS NOTED
4. BUILDING ADDITION ADDED TO SURVEY BY OWNER.
/ Lc?!ga.cn...ii._.e.R.. ..42_4a/1-5 r-4^j/ • i-".l'-1--—7--
THIS PLAT REPRESENTS AN ACTUAL SURVEY THAT MEETS OR EXCEEDS Chairman,Co.Commissioners Date 7/4ZA2v
THE REQUIREMENTS OF A CLASS BSURVEY IN ACCORDANCE WITH THE
STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA.•
THIS PROPERTY IS LOCATED JOT LOCATED A �'�■ - 2,-U".4
SPECIAL FLOOD HAZARD AREA ACCORDING TO FLOOD INSURANCE •
RATE MAP COMMUNITY PANEL i .370168 0040 D EFFECTIVE DATE APRIL 15, 19861
C jr
THIS MAP IS NOT FOR RECORDATION • 411 ' ,I .
/it'll i t. /Il.. • c
MAP FOR I,h ,,,e_
{ •
THOMAS H. SMITH, JR. 50 25 0 50
SCALE IN FEET
• 1" = , SCALE
LOT LOTH TOWNSHIP TOWNSHIP HANOVER DESIGN SERVICES, P.A.
SECTION SECTION/ COUNTY COUNTY LAND SURVEYORS ENGINEERS &.LANId.PLANNERS
BLOCK BLOCK/ NORTH CAROLINA
REFERENCE REFERENCE DATE SURVEYED DATE 319 WALNUT STREET
WILMINGTON. N.C. 28401
SUBDIVISION SUBDIVISION PHONE: (910) 343-8002
DRAWING
2.`Y'47.... 88\ 9—t`4--cr�
ro, aOOO
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a 4 Slip Community Boating Facility
S-460, 06/00
The County Commissioners for New Hanover County having held a public hearing on July
10,2000 to consider application number S-460 submitted by Forrest Meeks, a request for a special
use permit for a 10 Slip Community Boating Facility for Turtule Beach development located at 7611
Scout Camp Hatilla Road in the Seabreeze Community, 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 subject property is served by private well and septic.
B. The site is located in the Federal Point VFD
C. Access to the facility will be conferred to the residents of the subdivision.
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-15 and the land classification is Conservation. Community
boating facilities are permitted by special use permit in the R-15 zone.
B. The zoning ordinance requires that the petitioner must demonstrate that the project will have
minimal impacts on water quality,primary nursery areas, shellfish grounds,and conservation
resources.
C. Off street parking must be provided on site at one space per boat slip, or on nearby residential
lots.
D. The number of boat slips must not exceed the number of residential lots or dwelling units within
the associated development.
E. The right to use the facility must be conferred by an easement appurtenant to the residential
project it is intended to serve.
F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies,and
foodstuffs, shall be strictly prohibited.
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. Other private residential piers are located in the vicinity.
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. New Hanover County land use policies encourage the consolidation of riparian access.
B. County policies state that the development of marinas should be allowed as a means of providing
public access provided they do not adversely affect estuarine resources or public trust waters,they
shall not be allowed in primary nursery areas, SA or ORW waters,high ground facilities are
acceptable.
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. All other applicable federal, state and local laws.
D. Other Conditions:
1)This Community Boating Facility shall be limited to 4 slips.
Ordered this 10th day of July 2000.
• 4, , ,
0 04-. L.
14" William A. Caster, Chairman
Attest: y �ov
�
•
OF NO
ipo .
-rk to the Board
•95 3.60,07..tiN 'f NOLL33S .1 IN3ONr1 13NNVH3 .06 'M'MYY 30 3003 , ,
O O
0 0
•
D:
W W
J
• Z Z -- zzuo W
oa 09� -
OS, 0 a W a W 3\
os Uav a�=w
x
} UQUQV:N
mil Or3HZI3id — — — b — — —I---fJ- <U Z W 0 Z J
• - -} Um�-Zi~ ZJ
I 3
n O. N In a. -O v I N OSLLW�C9NOC9}Q
S, K �°r` � 0 u'Z w Z m 0
c — r s Y ��_g�0 N
c0 O cn 7g
n n ° 11$W� �QW
V Z
- - - - -+ N 0Q 07 O--7
W t0 in
I <
O y S. 2 x 0 N I H a S.
< C+ As < io4 a•
ce in
N '
I
ci
z •,`n ■., Oa Oa. 3
a aJ. o
Z W r ,O In o
In Z 0. U V
< W . =O C Y r F O O Z l-
a 4"
w 13-18
u. W Wt�,
w Z In O •rI z V Z
v -' Cl)- .4
< N N <
0 C i g a �-' z
O a H� W W H$
In ce O O• N O• a O >
N a o £. a ;- �` in w
N _ W
I
1 ,► O
W
O
"-f Z
■ F
W
.091 ' +1 I OS W 0£
Up=M1 ` a0 - — -t - — — -Z — — =i — -
W
1 ! ~ "
W ,
a n
O n
ce 1 a
1 Ir
r
od ax 1 1 a in
d Z Y 0
D.
Z p` MW % 3
N OL CC W a
CC W
<
o W N
3• c41 4.
=O
O<
W
W O
0 c
4 ga41.6z.. 11vis,4/ 4e
MI 4600
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a 10 Slip Community Boating Facility
S-462, 06/00
The County Commissioners for New Hanover County having held a public hearing on July
10, 2000 to consider application number S-462 submitted by Galarde and Company, a request for a
special use permit for a 10 Slip Community Boating Facility for Masons Bluff Subdivision located
on Middle Sound Loop Road, and having heard all of the evidence and arguments presented at the
hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 72-27 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 subject property is served by community water and private septic.
B. The site is located in the Ogden VFD
C. Access to the facility will be conferred to the residents of the subdivision.
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-20S and the land classification is Conservation. Community
boating facilities are permitted by special use permit in the R-20S zone.
B. The zoning ordinance requires that the petitioner must demonstrate that the project will have
minimal impacts on water quality,primary nursery areas, shellfish grounds, and conservation
resources.
C. Off street parking must be provided on site at one space per boat slip, or on nearby residential •
lots.
D. The number of boat slips must not exceed the number of residential lots or dwelling units within
the associated development.
E. The right to use the facility must be conferred by an easement appurtenant to the residential
project it is intended to serve.
F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and
foodstuffs,shall be strictly prohibited.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure the value
of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
i
I
A. The surrounding land use is residential. The surrounding zoning is R-20S.
B. Other private residential piers are located in the vicinity.
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. New Hanover County land use policies encourage the consolidation of riparian access. This
community boating facility will serve all of the lots in the Mason's Bluff Subdivision.
B. County policies state that the development of marinas should be allowed as a means of providing
public access provided they do not adversely affect estuarine resources or public trust waters,they
shall not be allowed in primary nursery areas, SA or ORW waters,high ground facilities are
acceptable.
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. All other applicable federal, state and local laws.
D. Other Conditions:
1) The riparian rights for the waterfront lots, within the Mason's Bluff Subdivision, shall be
relinquished.
•
Ordered this 10th day of July 2000.
• �i.,. � VtiVLe•-..— �-ems.-v�C•.,
r„ z William A. Caster, Chairman
Attest: /'n r:""`"�O
lerk to the Board
gir/0, avov
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
To add 10 Slips to an existing 14 slip
Community Boating Facility
At John's Creek Subdivision
S-463, 06/00
The County Commissioners for New Hanover County having held a public hearing on July
10, 2000 to consider application number S-463 submitted by Richard Lockwood for John's Creek
Homeowners Association, a request for a special use permit to add 10 slips to an existing 14 slip
Community Boating Facility for John's Creek Subdivision located on 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:
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 subject property is served by private well and septic.
B. The site is located in the Myrtle Grove VFD
C. Access to the facility'will be conferred to the residents of the subdivision.
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-15 and the land classification is Conservation. Community
boating facilities are permitted by special use permit in the R-15 zone.
B. The zoning ordinance requires that the petitioner must demonstrate that the project will have
minimal impacts on water quality, primary nursery areas, shellfish grounds,and conservation
resources.
C. Off street parking must be provided on site at one space per boat slip, or on nearby residential
lots.
D. The number of boat slips must not exceed the number of residential lots or dwelling units within
the associated development.
E. The right to use the facility must be conferred by an easement appurtenant to the residential
project it is intended to serve.
F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and
foodstuffs, shall be strictly prohibited.
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. The existing Community Boating Facility has 14 slips. The facility was previously approved for
26 slips in 1991.
C. Other private residential piers are located in the vicinity.
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. New Hanover County land use policies encourage the consolidation of riparian access.
B. County policies also state that in tidal waters, docks shall be limited to the minimum necessary to
provide riparian access to waterfront property owners.
C. County policies state that the development of marinas should be allowed as a means of providing
public access provided they do not adversely affect estuarine resources or public trust waters,they
shall not be allowed in primary nursery areas, SA or ORW waters, high ground facilities are
acceptable.
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. All other applicable federal, state and local laws.
D. Other Conditions:
1) The riparian rights for the waterfront lots, within the John's Creek Subdivision, shall be
relinquished.
Ordered this 10th day of July 2000.
4`yl�-y
�` i 1..),. ...,...G'. CG. ..
* d; ' = a William A. Caster, Chairman
Atte ` ` (t•
Noro
Jerk to the Board
C) '
n i
n OU l /
0
o o --r d r- ri-...10
(IA& /11:evs'4 -."-)
y� /T , \ r � - - 7�
P
n _
,-c :,..) • ;-4 4-LI I 0 ' Olaf 4. 0
d • 1 - o
' 0 INI e,-- t
a
k
i 3 -jJ V
�� i / \ c-
T 'o I �o +
tit° �
111 c / X _ _ o �,LA' 0 N _ �'T--•Est � c�
,. 0 °_0-1 X 2'04T- (3- i ; ; II ( . • -Cl \r1 G-N in -tfl ,
. Mrs p i / • - > ' L \ril °- -I I 179 L
s / ,
r �o I .G' W ' �p ,d °- '
fin ,
,' 0 0 -4 ki --\.: -‘ C11,,.:1 rt -i- goo. t
� n G � # o I
, /-41 ‘,...
o o z c �� w
w
-c e '11 Z 0 p
O N
, E (..7 /. :. 1 (...r E It
b/ a E- - ? I /, o v `" � m s'
- Z z ',N
70 Co t�! �` p0 / i 0 7, ‘ cn o
,I� f co j\ 'v '
•
--PO el - II � �l� ��-
L 1
z N -{ e 0 R R rry ,-- i+
p `) fi °k
•
4
°o ^ 5
G
G
. 7;d2000
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
CHILD .DAYCARE FACILITY
S-465
The County Commissioners for New Hanover County having held
a public hearing on August 7, 2000 to consider application number
S-465 submitted by Helen Thompson, request for a Special Use
1 Permit for a child daycare having 3 shifts of 5 children for
total enrollment of 15 children located at 2600 Oakley Road, and
having heard all the evidence and arguments presented at the
) hearing, makes the following FINDINGS OF FACT and draws the
following CONCLUSIONS :
I 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
I 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 :
iA. The site served by the Wrightsboro VFD
B. Individual Well and Septic are in place
C. Theresidence has direct access to Oakley Road
3 . It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required
conditions and specifications . In support of this conclusion,
1 the Commissioners make the following FINDINGS OF FACT :
A. Home Daycare operations are permitted by special use
permit in residential zoning districts . .
B. Adequate open space along with a fence back yard and play
equipment already exist on site .
C. Adequate parking can be accommodated without making site
modifications .
D. Li ' l Angels Daycare is a 24 hour daycare facility
operatingon two different shifts .
k E . At the request of New Hanover County Zoning Enforcement
there are currently 5 children enrolled in Li ' l Angels
Daycare . The petitioner is requesting a special use
permit to enroll 6 additioanl children. ( The petitioner
will have to meet the State requirements regarding the
number of children permitted in the facility at once . )
4 . It is the County Commissioners ' CONCLUSION that the
I 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
3
w+ j
use is a public necessity. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT :
A. Similar daycare operations exist in residential districts
throughout New Hanover County.
B. NO evidence has been presented that residential daycare
• operations decrease 'the value of adjoining property.
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 Paln identifies this area as
Resource Protection. Residential densities for these
areas should be limited to less than 2 . 5 units per acre.
B. The existing Daycare operation will not increase in size .
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 the
specfic 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 Conditions :
d 3
1 . All other applicable Federal, State and local laws .
Ordered this 7th day of August, 2000 .
4141 *
William A.Caster, Chairman
Attes :<, ,y+eltS"
qad,;, .i.NAPrie../A--to the Board
r
7, �Dra
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
S-468,08/00 Single Wide Mobile Home
In an R-20 Residential Zoning District
The County Commissioners for New Hanover County having held a public hearing on
August 7,2000 to consider application number S-468 submitted by Mr. Rufus James Sr., a request
for a special use permit to permit a single-wide Mobile Home at 3513 Dutton Drive 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 71-1(3) of the County Zoning Ordinance WILL NOT 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 NOT satisfy the
first general requirement listed in the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and approved. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. No evidence has been presented that adequate well and septic facilities exist on site,therefore,
the request is inconsistent with the first general requirement.
B. Since Mobile homes intended for storage are potentially habitable the request for a mobile home
to be used for storage potentially endangers the public health and safety,therefore,the request is
inconsistent with the first general requirement.
3. 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 7th day of August 2000.
er
l ' ` �,, �.�, a. ems..,,
William A. Caster, Chairman
Attest: '•.tI;U3'
rk to the Board
l s
Rev. Betty Foy jones
3535 Dutton Drive
Castle Hayne, N.C.28429
(910) 675-2691
To Whom It May Concern:
We are glad to have Mr. & Mrs. James as neighbors. They are using a
mobile home that has been on their property for quite sometime as a storage
building. We do not have a problem with them having a place to put things
in Please feel free to contact me at any time at the above address.
fi
Sincerely,
ti
Rev. Betty Foy jones
The following persons feel the same way that I do.
l
a - ' V p
;,,ell/ia C d
J ( /� ��D� (
(/ 54,/ 4§,
( 18-emat'
ait./44.
{
ae
DortTk) ' de( I
ag
10;4=Wvit-
o t700()
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
For a Nursing and Personal Care Facility
S-461
- The County Commissioners for New Hanover County having held
a public hearing on August 7, 2000 to consider application number
S-461 submitted by Tim Lake for Carillon Assisted Living, a
request for a Special Use Permit to use the property located at
the southern portion of the parcel located at Masonboro Loop Road
and Masonboro Sound 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 property is located in the Winter Park VFD District .
B. The site has direct access to Masonboro Loop Road.
C. County water and sewer is available .
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 showing a 22 ' high, 27, 500 s . f.building with
46 units and 74 proposed beds has been submitted and
meets the requirements of the zoning ordinance .
B. No provisions for Stormwater management are shown on the
proposed site plan.
C. There are 39 proposed parking spaces which exceeds the
County minimum parking requirements .
D. Potential expansion areas are shown on the site plan but
are not part of this request .
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 petitioner has limited access to none location
on Masonboro Loop Road.
B. Some of the adjacent properties are vacant .
C. Other nursing and personal care facilities are located
in residential districts throughout New Hanover 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. Adequate strom water should be retained on site .
B. The City and County should ensure an .adequate supply
of housing for people with special needs, the elderly,
and the disabled.
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 the
specfic 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 Conditions :
1 . All other Federal, State and local laws
• 2 . Adequate storm water management and water quality
controls should be provided.
3 . Since the site is an open field, a streetscape
should be required along Masonboro Loop Road in
accordance with the most recent standard of the
landscape section of the proposed Unified
Development Ordinance .
Ordered this 7th day of August, 2000 .
A, � `LJ;� .w a- e
William A.Caster, Chairman
E
Attest: .' CP
Clerk to the Board
/30-6-k- -24
;2.2.¢; 5, ?coo
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Personal Care Facility
S-467
The County Commissioners for New Hanover County having held a public hearing on
September 5, 2000 to consider application number S-467, submitted by Jim Bailey , a request for a
Special Use Permit for Personal Care Facility to use the property located in the 7900 block of River
Road 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 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. Presently, sewer and water service will be provided by individual systems or the
County.
B. The project will have direct access (private) from River Road. Existing secondary
access nodes will be utilized from Ontario and Champlain Drive in Ocean
Forest development.
C. The project will be served by Myrtle Grove VFD and EMS District 5 from
Carolina Beach.
D. Approximately 20 acres of the 294 acres of the 294 acre site will be developed.
E. Portions of the proposed facility are located within the 100 year flood zone.
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. Personal care facilities and other related activities are permitted by special use in the
R-15 Zoning District.
B. Buffer and conservation setback requirements will be required in accordance
with Section 72-9 and Section 59.4 of the County's Zoning Regulations.
C. The project proposes 328 parking spaces.
D. The project will consist of a main facility with 65 units, employee housing with 28
units, and a corporate center with 24 units.
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. Land adjacent and south of the project is vacant and contains 404 wetlands. Property to
the north is partially developed as Ocean Forest Lakes. Property adajcent and east of the
project is partially developed as Lords Creek development. A large portion of land south
of Lord's Creek is vacant and contains 404 wetlands.
B. Personal care facilities are located throughout the County and permitted by special 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 1999 New Hanover Land Classification Plan identifies this area as predominately
Conservation. This land class provides for the effective long-term management and
protection of significant, limited or irreplacable natural resources while also
protecting the rights of property owner. In order to promote the highest and best
use while preventing a negative impact on water quality, site specific flexibilty
and creativity is desirable.
B. As stated, approximately 20 acres 20 (7%) of the 294 acre tract will be developed-
buildings -6 acres, roads/trails 10 acres,parking 4 acres.
C. Other areas displayed on site involve passive recreation: farming area,
orchards,treehouse, and garden area.
6. Therefore, because the County Commissioners conclude that all of the general and
specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,
IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED,
subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in
the Ordinance for the proposed use, as well as any additional conditions hereinafter
stated.
B. If any of the conditions imposed by this special use permit shall be held invalid
beyond the authority of this Board of Commissioners by a court of competent
jurisdiction,then this permit shall become void and of no effect.
C. Other:
1. All other applicable federal, state and local laws.
2. Emergency access from the site through Lords Creek development will
be required. A " breakway" gate will be installed and maintained
by the developer.
3. Applicant's compliance with all obligations, duties, covenants, and
conditions contained within the Ocean Forest Lakes Homeowners'
Association Conditions Relating to Issuance of Special Use Permit ,
which is incorporated herein and attached hereto as Exhibit"A".
•
Ordered this 5th day of September, 2000.
4,�1:I�1'L�� 4xL -• a.
� `��'' William A. Caster, Chairman
4 --
Attest: 0%" ., " `
" 111
4
Clerk to the Board
" A"
OCEAN FOREST LAKES HOMEOWNERS' ASSOCIATION
CONDITIONS RELATING TO ISSUANCE OF
SPECIAL USE PERMIT
I. Roads/Access. Lighthouse Development Group, LLC ("LDG") will construct
a road that provides access from River Road for all vehicles to the Lighthouse
Development Site ("Site") with the exception of resident employees vehicles, certain
service and delivery vehicles, construction vehicles, and emergency vehicles which
may access the Site by using certain roads within Ocean Forest Lakes Subdivision
("OFL") under the following conditions.
A. Resident employees and service vehicles may access the Lighthouse
Development Site ("Site") through the roads within OFL under the following
conditions:
1. Service and delivery vehicles shall only use these roads during
designated hours of between 9 a.m. and 2 p.m.;
2. No service or delivery vehicles will use the roads, which are defined as
a "Commercial Motor Vehicle" under Chapter 20 of the North Carolina
General Statutes with the exception of trash trucks.
3. Only "Resident" employees may access site by using the roads;
4. All service and delivery vehicles and "Resident" employees shall only
enter the Site by traveling from Watauga Road to Okeechobee Road to
Champlain Drive and south on Champlain Drive through a secured
access gate,which will be located on Site and maintained by LDG;
5. A Road Maintenance Agreement is entered into between LDG and
OFL upon mutually agreeable terms; however until time such Road
Maintenance Agreement is entered into LDG agrees to maintain and
improve all roads used in OFL to access the Site.
6. LDG agrees to continued use of speed bumps in existing locations and
to pay for the cost of installing no less than four (4) additional speed
bumps at locations to be determined by OFL;
B. Construction Access. Construction vehicles may use the roads to
access the Site under the following conditions:
1. Construction vehicles shall only access the Site by using either
Pontchatrain or Okeechobee Road stubs that adjoin the Site and which
run south from their respective intersections with Watauga Road;
2. LDG shall be solely responsible for conditioning all roads used for
construction access, maintaining the roads used during construction, and
returning the areas used at the end of the Pontchatrain and Okeechobee
road stubs to a natural condition upon completion of construction;
3. LDG shall be solely responsible for any damages within OFL caused
by construction vehicles and personnel. LDG also agrees to indemnify
OFL against injuries and damages resulting from the use of roads by
construction vehicles and personnel.
2
4. Upon completion of construction, neither the Pontchatrain nor the
Okeechobee Road stubs shall be used to access the Site.
C. Emergency Vehicles. Vehicles belonging to the fire department, local
law enforcement, or EMS may use the roads at anytime to access the Site during an
emergency situation.
II. Water Service. Water shall be provided through a contract with the County
for use of the overhead storage facility that will be located on the new school site off
of Veterans Drive, or a contract with the City, or a contract with a private water
provider which obtains its water from a source which is not on the Site. No well is
to be sunk on Site, except one well which will accommodate a hand pump and which
will be used only for domestic and decorative purposes.
III. Sewer Service. Sewer will be provided through the County sewer system.
There will be no septic tanks or drain fields line constructed within the Site.
IV. Parking. The Site Plan will be revised so that employee parking will be
moved from the location shown on the original Site plan submitted with the
Application for Special Use Permit to an area in the western portion of the Site in
the vicinity of the Okeechobee Road stub, closer to River Road. A vegetative buffer
zone of a minimum of 50' feet shall be required between OFL and any parking lot,
so that the parking lot is completely concealed from the view of OFL.
3
V. Stormwater Drainage. A comprehensive storm water runoff plan shall be
instituted and at minimum, shall meet all Federal, State and local regulations. No
runoff shall be allowed into OFL and every reasonable effort shall be made to
mitigate storm runoff and the environmental impact thereof to the lakes on Site and
within OFL.
VI. Stables/Horses. LDG shall only use Ontario Road to perform maintenance
and upkeep on the horse stables and care for the horses, so long as the access point
is gated, using this access point does not become a "nuisance", using this access
point in no way impacts the health, safety and welfare of the residents of Ocean
Forest Lakes, and usage of this access point occurs between the hours of 9:00 am
and 5:00 pm. Notwithstanding the foregoing sentence, a veterinarian may access the
stable thru Ontario Road to provide medical treatment to a horse or use Ontario to
transport a horse to a health care facility at anytime when a horse's life is
endangered.
VII. Lighting. LDG shall only use landscape lighting or other low-intensity
lighting which will not project into Ocean Forest Lakes Subdivision.
VIII. Restricted Zone. LDG may construct a gatekeeper's cottage, access roads,
and employee parking within the 400' restricted zone, so long as a minimum of a 50'
vegetative buffer zone is retained between the parking lots and OFL.
4
IX. All requirements and conditions contained herein are to be conditions
attached to the issuance of the Special Use Permit.
X. LDG shall execute Covenants running with the land that address the
aforementioned issues and which are enforceable by OFLHOA. All such Covenants
shall continue as an encumbrance on title and run with the land of LDG unless: (i)
LDG fails to begin construction of the facility (or any part thereof) permitted by the
Special Use Permit within the time allowed or required by the Special Use Permit
(and any extensions, renewals or modifications thereto); and, (ii) the zoning of the
Site reverts to R-15 use The Road Maintenance provisions contained in Article I
(A) (5) above shall, however, continue as a burden on the land and will continue to
bind LDG and its successors and assigns regardless of whether or not the property
is developed under the Special Use Permit or any other zoning.
XI. OFL will not oppose the Special Use Permit so long as the all of the
aforementioned requirements and conditions are attached as conditions to the
issuance of the Special Use Permit by the New Hanover County Commissioners.
5
•
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Indoor/Outdoor Recreational Facility
S-470
The County Commissioners for New Hanover County having held a public hearing on
September 5, 2000 to consider application number S-470, submitted by Forge Development,Inc., a
request for a Special Use Permit for an Indoor/Outdoor Recreational Facility to use the property
located at 8109 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 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. County water and sewer is proposed for the project.
B. The project will have direct access via a private road from Market Street.
C. The Ogden VFD and EMS District 1 will serve the project.
D. Approximately 15.75 acres are proposed to be developed.
E. The proposed project does not encroach within the 100 year flood zone.
F. No conservation resources exist on site.
3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy
the second general requirement listed in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion,the Commissioners make the following
FINDINGS OF FACT:
A. Indoor/Outdoor establishments and other related activities are permitted by special use
in the R-15 Residential Zoning Districts.
B. The project proposes 297 parking spaces.
C. Adequate buffers and one (1) ground sign not to exceed 32 square feet will be required
in accordance with Section 72-36 of the County's Zoning Regulations.
D. The facility wil consist of one (1) 35,000 square foot building,two (2) soccer fields, and
one (1) ballfield.
E. No lighting is proposed on the ball fields.
F. Lighting is proposed for the building, parking, and access areas.
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. Land adjacent north, west and south of the site is currently zoned residential.
B. A Carolina Power and Light facility is located east of the site.
C. Several Indoor/Outdoor establishments are located throughout the County and permitted
by special 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 1999 New Hanover Land Classification Plan identifies this area as Urban
Transition.This land class is intended to provide for future intensive urban development
on lands that have been or will be provided with neccesary urban services. Residential
development can exceed 2.5 units per acre provided the development is adequately
designed tobe compatiable with existing and proposed surrounding land uses and
is served by public water and sewer and have direct access to a major or minor arterial.
B. As stated, approximately 15.75 acres will be developed consisting of a 35, 000 square
foot structure,two soccer fields, and one baseball field.
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.
2. Adequate water and sewer service must be secured prior to construction.
3. Pedestrian access to facilitate interconnectivity between adjoining residential
uses (Country Haven) is required.
4. Shared access with the frontage property will be required.
,
Ordered this 5th day of September, 2000.
William A. Caster, Chairman
Attest:
*■11/1144%) el/Y1A-41-id
Clerk to the Board
\wpdoc\zoning\sup-ord.frm
-x. 2:g
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT FOR
SPECIFIC RETAIL USES
IN A CONDITIONAL USE HIGHWAY BUSINESS
ZONING DISTRICT
Z-697,03/00
The County Commissioners for New Hanover County having held a public hearing on June
5, 2000 to consider application number Z-697 submitted by Joeseph Taylor for Z-1 Commercial
Properties, a request for a special use permit for retail uses in a conditional use B-2 Highway business
zoning district located due north of Monkey Junction and fronting on South College Road and
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 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 subject property is served by County Sewer and Community Water
B. The site is located in the Myrtle Grove VFD
C. Access to the site is proposed in two locations on South College and in two locations on Carolina Beach
Road.The applicant's traffic impact analysis proposes the addition of both right and left hand turn lanes in
several locations and proposes a signalized entrance on South College Road across from the existing library
site.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF
FACT:
A. A site plan has been submitted in accordance with section 59.7-3 of the zoning ordinance.
B. All setbacks and buffer requirements can be met.
C. Based on the County maps no Conservation Resources have been identified. However,some pockets of 404
wetlands do exist and will need to be inspected by the Army Corps of Engineers.
D. Not all of the significant trees have been located on site. Although much of the site was disturbed by the old
softball fields,the County aerial photograph indicates that most of the significant vegetation exists on the
eastern parcels of the site.
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. Surrounding land use and zoning is a combination of residential,commercial, and institutional. South of the
site at the intersection of South College and Carolina Beach Road is a B-2 Highway business district. There
is an R-15 residential district abutting the northern property line and the western property line. There is an
existing church in the R-I5 zone abutting the northern boundary.
Si
, k
B. Across South College Road to the east there is the Greenbriar subdivision to the north,a doctors office
directly across,the Myrtle Grove branch of the New Hanover County Library is south of the doctors office.
Going further south,the office and institutional uses along the east side of College Road give way to a B-2
Highway business district at the intersection.
C. Across Carolina Beach Road from the subject site is a B-2 Highway Business district occupied by several
different retail stores.Adjacent to the B-2 district is a R-10 residential district occupied by the Royal Palms
mobile home park.
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 County's comprehensive plan recommends locating"regional commercial nodes at major intersections
to accommodate uses that serve a regional market."
B. A commercial node in this location would intercept traffic from the south going to other retail centers
further north and would also attract some traffic from the northern parts of 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. All other applicable federal,state and local laws.
D. Other Conditions:
1) Payment of a transportation fee of$1,221.50 per 1,000 square feet of gross leasable area when the City
of Wilmington and New Hanover County enter into an interlocal agreement.The funds will be returned
if an award for the intersection improvements contract is not made within 5 years.
2) No additional curb cuts on College road should be permitted for the out-parcels.
3) Improve existing service road running between College and Carolina Beach road to collector road status
(36' minimum)with added sidewalk.
4) Provide sidewalk along main entrance drive to allow for pedestrian circulation throughout the
development.
5) Internal drive aisles should be aligned to decrease traffic conflicts.
6) Lighting should be directed internally to the project to protect adjacent residential areas.
7) Landscaping should be provided between the buildings and the drive aisles in accordance with the City
of Wilmington standards for large-scale retail developments.
8) Add landscape islands at ends of parking rows including those with handicap spaces.
9) Incorporate the existing Sneeden center into the design as much as possible through orientation and
aligning drive aisles and entrances to existing uses.
10) Several clusters of trees should be preserved in the northeast corner of the site.
11) Provide road stubs to all parcels included in this rezoning request and to the Weaver property to the west.
12) To provide better transition to the neighborhood,the two out-parcels in the northeast corner(noted as Out-
Parcel 1 &2 on the site plan)should be limited to the attached list of uses as revised.For the balance of
the property the submitted list of uses was approved with the elimination of Hotels&Motels and Resort
Hotel/Motel
13) Large interior parking bays need to provide some drive aisle connections.
5
.
X00
Ordered this 5th day of June,
`�' � 'A. 2J:, .4.4. 0. C�
� '�� • William A. Caster, Chairman
ac
Attest: V r.�.,,- �16�
, . v.")fithat_
k to the Board •
•
ADDENDUM:
The addendum to this Special Use Permit pertains to the site plan for parcels 5-14 shown
on the attached site plan. The following 14 conditions in addition to the requirements of the zoning
ordinance and all other state, local and federal laws shall apply to the project.
1) Significant trees do exist on the property and should be incorporated into the site design.
A. Trees in the Wal-Mart parking lot at the terminus of the driveway between the
detention ponds, should be incorporated into an island and saved.
B. Significant trees within remote gas pump area should be retained.
2) In accordance with the prior rezoning approval for parcels 1-4 the petitioner should be subject
to the payment of a transportation fee of$1,221.50 per 1,000 square feet of gross leasable area
when the City of Wilmington and New Hanover County enter into an interlocal agreement.
The funds will be returned if an award for the intersection improvements contract is not made
within 5 years.
3) The petitioner should reserve a Pedestrian and/or a vehicular connection to the Weaver tract.
4) The sidewalk along Sneeden Road should be completed down to Carolina Beach Road
5) A Sidewalk should be provided from Lowe's to Wal-Mart
6) Large interior parking bays need to provide some drive aisle connections.
7) Potential traffic conflicts at Wal-Mart Parking lot and Sneeden Road Connections as well as at
the entrance to the gas pumps should be eliminated.
8) Design for Out Lot 1 fronting on Carolina Beach Road should save and incorporate some of
the existing trees.
9) Need justification for remote parking area shown adjacent to McDonalds entrance
10) Excess parking can be eliminated to enhance landscaping and tree preservation
11) A bus or transit stop should be provided at one or both of the main entrances to the project.
12) Landscaping should be provided between the buildings and the drive aisles in accordance with
the City of Wilmington standards for large scale retail developments.
13) In an effort to minimize the impact of the Auto service, loading and gas pumps street yard
landscaping should be provided along Carolina Beach Road in accordance with the draft UDO
standards.
14) Storm Water Management should be provided in accordance with the newly proposed
standards for new development in the County. SWM ponds should be an amenity. If safety
fencing is required around SWM facilities it should NOT be chainlink or privacy fencing.
A. Within the detention pond areas, as many trees should be saved as possible.
•
Ordered this 5th day of September, 2000.
i2 J4.-=_.4.-=-,.. a 04.4c_..
`'� ��►j�,� William A. Caster, Chairman•
gf4 Attest: L, 4x`:���
ne„..4i Clerk to the Board
Financing, Insurance, Real Estate
Banks, Credit Agencies, Savings & Loans
Services
Business Services Including'Printing
Dry Cleaning (Drop-Off Only)
Electrical Repair Shop
Equipment Rental & Leasing (No Outdoor Storage Areas)
Indoor & Outdoor Recreation Establishments, Commercially Operated
Indoor Theater
Membership Sports & Recreation Clubs •
Personal Services
IN1\ZA asimaluS••-sIUITlI•t11J
Watch, Clock, Jewelry. Repair
Barber/Beauty Shop
Health
None
Educational Services
Libraries
Museums
Membership Organizations
Churches '
Lodges, Fraternal & Social Organizations except Residential
Fraternities/Sororities, Residential
•
Other
Accessory Buildings or Uses, Clearly Incidental to the Permitted Use or -
Building
Circuses, Carnivals, Fairs & Side Shows of no more than 30-days Duration
per Year
Government Offices & Buildings
Offices for Private Business & Professional Activities
Principal Use Sign
Temporary Sign
Outdoor Bazaars excluding Yard Sales
Christmas Tree Sales
Pumpkin Sales
Special Fund Raising for Non-Profit Organizations
Evangelistic and Religious Assemblies not conducted at a Church
IS± Uses
for Effir�
CondifionaI USe real
EASTWIND ENGINEERING COMPANY, LLP
Civil Engineering 1929-G Oleander Drive
Land Planning • Wilmington, North Carolina 28403
(910) 342-9144 Fax: (910) 342-9141
March 17,2000
•
- New Hanover County— Monkey Junction
The following are permitted uses within B-2 Zoning Districts
Agriculture, Forestry, Fishing
Kennels (Pet Grooming)
Veterinaries.
Mining
None
•
Construction •
None •
Manufacturing
None •
Transportation, Communication, Utilities
Mini-Warehouses
Post Offices
Water Transportation Facilities
Other Communication Facilities including towers (Special Use Permit)
Antenna and towers less than 70-feet in height and ancillary to the principal
use
Wholesale Trade
None
Retail Trade
Apparel & Accessory.Store
Building Materials & Garden Supplies
Convenience Food Store (Eliminate from Out parcels on College Road)
Drug Store
Eating and Drinking Places
Food Stores
Furniture, Home Furnishing & Equipment
General Merchandise Stores
Handcrafting Small Articles
Hardware
Miscellaneous Retail
V
•
PERMITTED USES
(For Out-Parcels 1 & 2)
Agriculture,Forestry,Fishing
Kennels(Pet Grooming).
Veterinaries
Transportation, Communication, Utilities
Post Offices
Retail Trade •
• Apparel&Accessory Store
Building Materials&Garden Supplies
Sit-down Restaurant on Out-Parcel 2 Only
Furniture, Home Furnishing& Equipment
Handcrafting Small Articles
Hardware
Miscellaneous Retail
Financing,Insurance,Real Estate
Banks, Credit Agencies, Savings&Loans
Services
Business Services Including Printing
Electrical Repair Shop
Equipment Rental &Leasing(No Outdoor Storage Areas)
Membership Sports&Recreation Clubs
Personal Services
Watch, Clock,Jewelry Repair
Barber/Beauty Shop
Educational Services
Libraries
Museums
Other
Accessory Buildings or Uses, Clearly Incidental to the Permitted Use or Building
Government Offices & Buildings
Offices for Private Business& Professional Activities
Christmas Tree Sales
Pumpkin Sales
Special Fund Raising for Non-Profit Organizations
Evangelistic and Religious Assemblies not conducted at a Church
COUNTY OF NEW HANOVER -
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Personal Care Facility
S-473, 11/00
The County Commissioners for New Hanover County having held a public hearing on
December 4, 2000 to consider application number S-473 submitted by Cindee Wolf for DMWGP
LLC,a request for a special use permit for parcel R04410-001-012-000 located at 225 Middle Sound
Loop Road and having heard all of the evidence and arguments presented at the hearing, make the
following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 72-27 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 located within the Ogden VFD
B. The petitioner is proposing a connection to City water and County
sewer
C. The site has direct access to Darden Road.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF
FACT:
A. With the exception of the eastern portion of the site which is
zoned R-20 Residential, the subject property is primarily located
in the R-15 Residential zoning district. Personal Care facilities
are permitted by special use permit in both the R-15 and the R-20
zoning districts.
B. The proposed site plan meets the additional restrictions imposed
on Nursing & Personal Care Facilities .
C. All other conditions of the ordinance can 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
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. Other nursing and personal care facilities are located in
residential districts throughout New Hanover County.
B. Some of the adjacent properties are vacant .
C. No evidence has been presented that indicates that this facility
would injure the value of adjoining properties .
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. Residential densities greater than 2 .5 units per acre
shall not be permitted.
B. The City and County should ensure an adequate supply of, housing
for people with special needs, the elderly, and the disabled.
C. The subject parcel is approximately 6 .7 acres . Under performance
residential criteria the site could accommodate approximately 17
units.
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 December 2000.
„,
+ k& Ted Davis,Jr., Ch irman
■.; \ 'i Q
Attest: ‘141117'71.1.
'�"�"'a �
wwsrnr
''ENO T\t
lerk to the Board
COUNTY OF NEW HANOVER -
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Child Day Care Facility
S-474, 11/00
The County Commissioners for New Hanover County having held a public hearing on
December 4,2000 to consider application number S-474 submitted by Debra Hatcher,a request for
a special use permit for property located at 324 Bountiful Lane 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 located in the Wrightsboro Fire District .
B. The site is served by County water and individual septic.
C. The residence has direct access to two public roads Thatcher Court
and Bountiful Lane.
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. Home Daycare operations are permitted by special use permit in
residential zoning districts.
B. Off street parking with 1 space per employee and 4 spaces for
drop-off and pick-up can be accommodated on site.
C. The petitioner has submitted a site plan which shows a proposed
fence of a minimum 4 feet high around the entire play area.
D. Deb' s Small Home Daycare is a 24 hour daycare facility operating
on two different shifts.
E. Currently 6 children are enrolled in Deb' s Small Home Daycare. The
petitioner is requesting a special use permit to enroll 7
additional children for a total enrollment of 13 children but only
8 maximum per shift .
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure the value
of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. Similar daycare operations exist in residential districts
throughout New Hanover County.
B. No evidence has been presented that residential daycare operations
decrease the value of adjoining property.
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. Residential densities for these areas should be
limited to less than 2 .5 units per acre.
B. The existing home will not increase in size as a result of this
special use permit.
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 December 2000.
Ohl 11�
f y�2 Ted Davis, Jr., Chai ' an
Attest: "" Q
o`'
CPQ
Cl: k to the Board
-1---.) (.2' t
/I
1-- (
r_,. (n ° P4U
eri
i
'''' [. .. i
)`
J
r. r". _
til
yi ji
1 1
0 �' 1 1§-T-:\
X •
' �S X
`� 1
.
Eti
I ' '
cD 0
...„
/y b
z.:.). _ ›.
.0
,, ,_.„. „._.a...1-7, 0 .-1
1i�1 IN a \ �(),oC i y
x
k ixXXXXXXXxxK )CyXy x d
,i
COUNTY OF NEW HANOVER -
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Commercially Operated
Indoor/Outdoor Recreation Facility
S-475, 11/00
The County Commissioners for New Hanover County having held a public hearing on
December 4,2000 to consider application number S-475 submitted by Smith Properties,a request for
a special use permit for property located at 2927 North 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 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 located in the Wrightsboro Fire District.
B. The site is served by well and septic.
C. The site has access to North Kerr Avenue, which is identified by
the Thoroughfare Classification Plan as a Collector Road.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF
FACT:
A. 92 parking spaces are shown on the proposed site plan. Additional
landscape islands will be required to meet the minimum landscape
requirements.
B. The site has access to a collector road.
C. Signage is limited to one on premise ground sign not to exceed 32
square feet.
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. Other similar commercially operated indoor/outdoor recreation
facilities have operated successfully in the county.
B. With the exception of parking lot improvements, no additional
development is required for this facility.
C. No evidence has been presented that a commercially operated
indoor/outdoor recreation facility will decrease the value of
adjoining property.
J `
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 Urban
Transition. The purpose of the Urban Transition class is to
provide for future intensive urban development on lands that have
been or will be provided with necessary urban services.
Residential densities for these areas can exceed 2 .5 units per
acre.
B. The existing structure will not increase in size as a result of
this special use permit.
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 December 2000.
oy,.1'11
',
Ted Davis,Jr., Cha' an
c
Attest:
roV frRY PQ�
NOR
erk to the Board
9
e
COUNTY OF NEW HANOVER -
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
A Membership
Sports & Recreation Facility
S-472, 11/00
The County Commissioners for New Hanover County having held a public hearing on
December 4, 2000 to consider application number S-472 submitted by Mable Gilbert, a request for
a special use permit to use the property located at 4809 Carolina Beach Road 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 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 located within the Myrtle Grove VFD
B. The property is served by city water. The petitioner is obtaining
building permits to add a restroom which will be connected to
County sewer.
C. The site has direct access to Carolina Beach Road, which is
classified as an arterial road by the New Hanover County
Thoroughfare Classification Plan.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF
FACT:
A. No new structures will be constructed for this use.
B. Membership Sports and recreation facilities are permitted by
special use permit in the R-15 residential district.
C. Sufficient area exists on site to accommodate parking for the
proposed (15 maximum) number of students.
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. Other membership sports and recreation facilities are located in
residential districts throughout New Hanover County.
B. No evidence has been presented that indicates that this facility
would injure the value of adjoining properties .
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
Developed. The purpose of the developed class is to provide for
continued intensive development and redevelopment of existing
urban areas. Urban services are already in place or scheduled
within the immediate future.
B. The building for this use already exists. The remainder of the
property is utilized for a single family residence and as a mobile
home park.
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.
2. No meets or scheduled events should be held at this location
3 . Membership to the facility is limited to 15 students
4 . Parking provided at one space per student
Ordered this 4th day of December, 2000.
L14
6111' ;44 :"1 *
Ted Davis, Jr, an
if
Attest:
o`
'FNORMT CP
Illt ,
C k to the Board
3
k.
w
A
r k
R V �I v ,o
w � U i v o �1
. s.:..z o-. ilp -. -tt
-' N ■,. \ 1
t ,.
o\ .....i.. - ct
} 1 I k a
H
I
� .. I e
f 3 ...4 ( , i 41
liS b — k 0. D
Il _17Z-7' ',/)
2 - i -\'
t / , .-1----..,
-� 1 / .�•
1, F
t
2
. \ - .I- ) t
f--
o I \
--'-'--c).--,,,ot )",/<1' at - k
■■
W
f\
I
I C I
D
III
f11
I
I I' \ , /
. ` I L
Li-i'l ''''';'''''
L.
'>' '.
W
i / \ I r V
_ _ __ 7