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Special Use Permits 2002 t . 1 i } 9 STATE OF NORTH CAROLINA t COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT 1 IN A CONDITIONAL USE ZONING DISTRICT Medical Office The County Commissioners for New Hanover County having held a public hearing on September 5, 1995, to consider application No. Z-522 submitted by Mike McLeod, a request for I a Special Use Permit in a Conditional Use Zoning District to use the property located on the east side of N.C. 132, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1 t 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the property I' 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 t 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 t submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: t E I A. The property is located in the Myrtle Grove VFD. B. The site has direct access to S. College Road. C. Water and sewer service can be provided either from public or private sources. 1 I 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy I 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 I FINDINGS OF FACT: A. The proposed land use (medical office) is permitted in the Office and Institution Zoning District. B. A site plan pursuant to the general requirements for the establishment of conditional use districts has been submitted. C Based on the proposed building height, applicable setbacks for side and rear yards can be met. The front yard setback is also met. i D. The minimum width buffers, which are predicated on the minimum required setbacks, can easily be established. E. Ninety-eight parking spaces are proposed, exceeding the minimum requirements imposed by the Zoning Ordinance. F. A site identification sign is proposed. t i 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting pro ert Y. or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The applicant intends to provide additional buffering between the planned office building and single family lots in located in Greenbriar Subdivision. 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. Land uses in the area include Greenbriar Subdivision, a branch of the County Library, commercial activities clustered around Monkey Junction and across the street. £; 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: 1) All other applicable federal, state and local laws. 2) Require the owner to keep records showing that the retention pond has been properly maintained on an annual basis. 3) That the ditch to the north be opened and connected to a ditch along the east side of N.C. 132 to provide an outlet for stormwater. These improvements must be in accordance with State and County standards. 4) That directional lighting on photocells be utilized so that after hours lighting does not impact adjacent residential properties. Ordered this 5th day of September, 1995. i?dj/524/..a.‘_ ' '► *\ Robert G. Greer, Chairman Attest: N`". Cl k to the Board Affirmation this 2 'I day of CYT. , 1995. 4414 Applicant 4 {5{f¢ ADDENDUM: The addendum to this Special Use Permit pertains to the approximately 3,400 square foot expansion to the original Conditional Use Site Plan approved September 5, 1995. The following 3 conditions in addition to the requirements of the zoning ordinance and all other state, local and federal laws shall apply to the project. 1) The entire site must meet the new Storm Water Management Regulations approved by the County in September 2000. 2) Additional evergreens shall be added in the rear buffer area to provide additional protection to the adjacent Greenbriar residents 3) Payment of a transportation fee of$828.57 per 1,000 square feet of gross leasable area. If an award for the intersection improvements contract is not made,the funds will be returned at the same time as those funds that have been collected for the Super Wal-Mart Project. Ordered this 7th day of January 2002. ,01''1171, / ; . ,��. Ted Davis,Jr., airman 141; Attu�_.14,.,�, � E _ 3 lerk to the Board yy� r S i3 • • COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Conditional Use Office and Institutional District Z-734,01/02 The County Commissioners for New Hanover County having held a public hearing on Monday,March 11,2002 to consider application number Z-734 submitted by Cindee Wolf for Jackson Investments,a petition for a Conditional Use Office and Institutional district ion located between 8641-8723 Stephens Church 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. > i 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in the Ogden Fire District. B. The site is served by private water and County Sewer. C. The site has access to Stephens Church Road a service Road for Market Street . An access Road is being constructed in conjunction with the 17-By-pass. Market Street is classified as an Arterial Road by the 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. A site plan which can meet the requirements of the ordinance has been submitted. B. A Tree inventory, phasing plan and a statement of traffic impacts have been submitted. C. Signage is limited to the requirements of the Special Highway Overlay 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 majority of the housing along Stephens Church Road is north of the proposed project . Therefore, traffic impacts on the Kirkland community should be limited. B. The proposed uses are typically provided as a transition between residential and commercial uses . C. The proposed development should buffer the community from the noise and traffic associated with the 17 By-Pass . D. No evidence has been presented that this facility will decrease the value of adjoining property. a j 3i `F , • 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance;namely that the location and character of 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 location and character of the proposed use 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. 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. The uses shall be limited to the uses listed on the site plan. 3. Building heights shall not increase from those shown on the site plan. Ordered this 11th day of March 2002. - 100v Ted Davis Jr. r Attest: �"'•, ZQ ' oFNoRc o� 11111.1.- ��i �L F Cl-rk to the Boar. 's I 3 ; zz s w ram iiiiiil P c�\ / o $ ,, o . s ¢ R 47 c o y 3 ti 3 wo __ s ➢ 3N $1 cly.' E L f J i $ -a 3 . . C a_ , t nlii • Is r r � 1#r ;i1 R=®g - Ae2__._il_.________________ ._1 z ° ? - r ". r a41 Y ur 1 1 . \� �e a.,t ,, �/ 1 fi t p eS $.I 111 iii i � r,r �� to , 10. ! ' h� IZ, M '''.: 1-' \ 1,_ �i ._ 1 ,,I . .., .., . •S e :it i iii, 1 ' 1 � Attu.,. $ `. tit,* tip Li I v3 iU: liuiIiIii1 ri 13 V a ° �' �1 I 1 -- __ 1 ! iid3 E_ It li iv s=•�Y� 1.31 i _ I R , ilS # ik #t., 4 tin � $6 1 'f „ �# ; *1 II 1 1#i#u%1 1 1 i I it o ® $ I II'! iw 1 GX V o- r1 2S :358 / I , . { 3 3A 1$�'r= Cp Yybvy re. • :1 +G ®!r` ®�° .I /t 't O ' P, F7 # • "fL It It; x I a # K■ �.w _I3 g1411.1%,� �is '1# # C� . 1 1 iti 1 1 [r ) 6§p3 1 1.i 1 L 3 ! I n 1 00 piiirii � -r fi 1 1 i }. }kk 1 foil...-. t # r. , I iiiSY • ' s• < Air 3 1 pi lig ..t. i cE 16 1 i 1 a g 08 ig il i f __ _ 1 g til ilLg b I z 3 11§6 : SSS QQ ry ro,s¢zr j L1 p• _ wj 8 G x 445 3.c:.51.�Y 11 J .e R< o Y N 2RV„ '� 11 k i i ;ti 1 1 1 l COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT S-451,03/02 Child Day Care Facility I (Between Greenbriar& Woods Edge) The County Commissioners for New Hanover County having held a public hearing on April 1,2002 to consider application number S-451 submitted by Howard Capps,a request for a special use permit to use the Chesterbrook Academy property located between Greenbriar and Woods Edge Subdivisions for 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 } 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 I according to the plan as submitted.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The facility would cause dangerous traffic movements, therefore, endangering the public health and safety. 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. 1 I Ordered this 1s1 day of April, 2002. 1 .11.1.17 /?v rei N :' � Ted Davis, Jr., airman r I ,, c y Attest: 7" le , Cl•rk to the Board A 1 p{p 7 1 � S COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For 2 Single Wide Mobile Homes S-482,05/02 The County Commissioners for New Hanover County having held a public hearing on Monday, May 6, 2002 to consider application number S-482 submitted by Dolores Dowless,a special use permit request for two single wide mobile homes in an R-20 Residential District located at 4052 Parmele Road and having heard all of the evidence and f; 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 oisafety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Castle Hayne VFD. B. The site will be served by private well and septic. C. Access to the site is through an existing access easement. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-20 Residential Zoning District. Minimum setbacks for structures can be met . B. Part of the property is within the 100 year floodplain. C. Adequate area exists on the parcel for two dwelling units . The mobile homes will be located on approximately 1.4 acres. 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 is adjacent to an existing mobile home park. A double wide mobile home is also located on an adjacent lot . B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values . 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 is classified as resource protection by the New Hanover County Comprehensive Plan and is within the urban growth boundaries. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect . C. Other: 1. All other applicable federal, state and local laws. Ordered this 6th day of May 2002. x , , * Ted Davis, Jr., irman Attest: �1�• lerk to the Board 1 } 1 ► 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA , ORDER GRANTING A SPECIAL USE PERMIT For 2 Single Wide Mobile Homes s S-483,05/02 The County Commissioners for New Hanover County having held a public hearing on Monday, May 6, 2002 to consider application number S-483 submitted by Dolores Dowless,a special use permit request for two single wide mobile homes in an R-20 Residential District located at 4046 Parmele Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following f CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 727 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans f 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 otsafety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Castle Hayne VFD. B. The site will be served by private well and septic. C. Access to the site is through an existing access easement. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In , support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-20 Residential Zoning District. Minimum setbacks for structures can be met . B. Part of the property is within the 100 year floodplain. C. Adequate area exists on the parcel for two dwelling units. The mobile homes will be located on approximately 1.4 acres. 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 is adjacent to an existing mobile home park. A double wide mobile home is also located on an adjacent lot. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 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 is classified as resource protection by the New Hanover County Comprehensive Plan and is within the urban growth boundaries. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. 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 ti effect. C. Other: 1. All other applicable federal, state and local laws. Ordered this 6th day of May 2002. „„01,70 °' +�='"' * "P" Ted Davis,Jr., C an Attest: Oqp{ 41,610 (Jerk to the Board 1 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Mini-Warehouses in a r Conditional Use Highway Business Zoning District Z-739,04/02 ' The County Commissioners for New Hanover County having held a public hearing on Monday,June 3, 2002 to consider application number Z-739 submitted by Jeffrey P. Keeter for Conbrio LLC, a petition for a Conditional Use Highway Business district located at 4837 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 I following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72.27 of i { the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans I submitted to the County Commissioners. t 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety t, if located where proposed and developed according to the plan as submitted and approved. In support of this r conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove VFD. B. County Sewer and City water are available nearby. C. The site has direct access to Carolina Beach Road. ' i 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general s 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 which meets the requirements of the zoning ordinance has been submitted. 1 B. Several existing trees will be preserved onsite as part of the buffer areas and near the buildings . i i C. Adequate area exists on the parcel to accommodate stormwater 1 management, buildings and parking associated with the proposed project . i r 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Buffering will be provided in accordance with the zoning ordinance. t I B. Lighting for the project is proposed to be directional lighting i mounted lower than the building height. C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. i 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance;namely that the location and character of the use if 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 is classified as developed by the New Hanover County Comprehensive Plan and is within the urban growth boundaries. The =' . y. AIN f i 1 purpose of the developed class is to provide for continued intensive 1 development and redevelopment of existing urban areas . These areas are already developed at a density approaching 1, 500 dwelling units per square mile. Urban services are already in place or scheduled . within the immediate future. Density may exceed 2 .5 units per acre within the developed class, depending upon local zoning regulations. B. No structures are proposed in the northern corner of the property. 6. Therefore,because the County Commissioners conclude that all of the general and specific cmditions 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 t requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. z 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 . t C. Other: t 1. All other applicable federal, state and local laws. s 2. The use shall be limited to mini-warehouses with an associated office and Y resident manager's quarters. 3. The petitioner will provide a 25 foot buffer with an 8 foot high fence along the eastern property line adjacent to The Lakes at t Johnson Farm, 4. Live Music or Entertainment shall be prohibited within the storage facility, t 5. Architectural style will be similar to the illustrations and samples presented and on file, '' 6. Lighting will be directional lighting mounted below the eve-line, t Ordered this 3rd d. • June 2002. 4 -- ed Davis, Jr., airman Attest: ' '�`t.�+::0,�•`'ith Cle k to the Board 'Ylhiell*--' s t } r { 3' 7 E f 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Single Wide Mobile Home S-484,07/02 The County Commissioners for New Hanover County having held a public hearing on July 8, 2002 to consider application number S-484 submitted by Michon Russell for Mildred McGee,a special use permit request to locate a single wide mobile home in an R-20 residential zoning district located at 4064 Parmele 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 thepublic health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Castle Hayne VFD. B. The site will be served by private well and septic. C. Access to the site is through an existing access easement. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-20 Residential Zoning District. Minimum setbacks for structures can be met . B. Part of the property is within the 100 year floodplain. C. The mobile home will be located on approximately 3 .2 acres. 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. Two adjacent lots to the south recently received approval for 2 mobile homes each. An existing mobile home park also exists to the south. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 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 whch 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 is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. . " 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 8th day of July 2002. ‘Ii k -4 47\r:TV Ted Davijis,Jr., C rman , * Attest: • 41,0 I-rk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Assisted Living- 63 Units The County Commissioners for New Hanover County having held a public hearing on May 4, 1998, to consider application number S-428, submitted by Cornelia Nixon Davis Health Care Center, a request for a special use permit to use the property located at 1101 Porters Neck 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 72-9 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. 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 has access to internal streets that connect to public streets. B. Water and sewer will be provided from on-site sources. C. The site is located in the Ogden VFD District. Construction of a satellite station on adjacent property is nearing completion. 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. Nursing and personal care are permitted by special use permit in the R-20 Residential District. The property is zoned R-20. B. All required setbacks can be met. C. Adequate area is available on the site to meet off-street parking needs. 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 proposed facility will be located on the primary campus of the Cornelia Nixon Davis Health Care Center. B. Construction of a satellite fire station is nearing completion on adjacent property. C. Other adjacent tracts are undeveloped. F • 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The primary land use in the immediate vicinity is a 100,000 square foot health care center,providing skilled nursing care. In addition, a small geriatric clinic is located nearby and the adult day care service will soon be open. B. A satellite fire station is nearing completion on adjacent property. 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. 1. All other applicable federal, state and local laws. 2. Reissuance of Underwriters Laboratory Fire Certificate for the main nursing care facility before a certificate of occupancy is issued for the new facility and/or within 12 months, whichever comes first. The following shall be implemented: a) Control valve supervisory signal-initiating devices are not in place. These valves are to be electrically supervised such that when any valve controlling water to the sprinkler system is taken from its fully open position an audible alarm shall sound at the fire alarm panel location. b) Existing smoke detectors in corridors are located only at smoke doors and do not comply with 30 ft. On center spacing per N.V.P.A.-72. c) Water level supervisory signal-initiating device indicating that the required water level has been lowered or raised, and the restoration to the normal level is not in place and interfaced with the fire alarm system. d) Water storage pump on/off reserve capacity level settings for 30 minute duration of fire flow combinations of building fire sprinkler systems and outside hydrant hose streams must be calculated and determined adequate based upon existing water storage container. E e) Water temperature supervisory signal-initiating device for the 1 water storage container exposed to freezing conditions indicating that the temperature of the water has dropped to 40 degrees F, and restoration to a proper temperature is not in place and interfaced with the fire alarm system. Ordered this 4th day of May, 1998. b. .y i William A. Caster, Chairman � Ju, Attest: { C - kto the Board ADDENDUM: To Permit a 68 bed addition • Parking is sufficient to meet the requirements of the ordinance o The proposed 20 space parking area needs to be setback at least 10 feet from the property line in accordance with 67-5(2)(A) • No additional signs are proposed • The proposed addition meets the required setbacks • The proposed addition was shown but was not part of the previous SUP Project Summary Proposed Addition , Total Project , Units 68 Units 131 { Bldg. s.f. 44,000 Bldg. s.f. 94,014 *Parking 37 required, 39 shown *Parking 73 required, 83 shown *Parking-Reductions in parking may be granted by the Board of Adjustment Adopted the 8th day of July 2002. ItA '. -.-.-.'A tat Ted Davis, , Chairman * Attest: �+r"�` •�lil;li (40.4,\./A14444(___to the Board .. • # i g i COUNTY OF NEW HANOVER g STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Retail Store for Strick's L.P. Gas Conditional Use Neighborhood Business Zoning District 1 Z-745,06/02 i The County Commissioners for New Hanover County having held a public hearing on Monday,July 8,2002 to consider application number Z-745 submitted by Design Solutions for Ray McClory,a petition for a Conditional Use Neighborhood Business district located in the 4500 block of Castle Hayne Road Adjacent and South of Strick's I Trading Post Lane 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 g listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Castle Hayne VFD. B. The site is served by private well and septic. C. The site has direct access to Castle Hayne 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. A site plan which meets the requirements of the zoning ordinance has been submitted. B. Adequate area exists on the parcel to accommodate stormwater management if required. ti 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 A. Buffering will be provided in accordance with the zoning ordinance. B. No evidence has been presented that the proposed use will injure the value of H adjoining or abutting property values. 1 i 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general requirement 1 listed in the Ordinance; namely that the location and character of the use if developed according to the plan as I 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: p A. The site is classified by the New Hanover County Comprehensive Plan as i Resource Protection and is outside the urban growth boundaries. The purpose of 1 the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the s State, still contains numerous areas of environmental or cultural sensitivity 1 which merit protection from urban land uses. . . . { i 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the 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. Access to the facility shall be combined with the existing access on the southern part of the property so there is only one curb cut on Castle Hayne Road. Ordered this 8th da If July 2002. ,AA'''17i1y Ted Davis, r., Ch ' an a � Q Attest: ,'+C.:.� r+` 0 0 GX ' I C rk to the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 4 t OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 Z-744,06/02 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: 1 i Section 1. The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter 4 described tract from the R-15 Residential Zoning District Classification and placing it in the O&I Office and g Institutional Zoning District Classification, said land being described as follows: I I • ' , All of the'real property known to the New Hanover County Land Records as Parcels RO 7100-002-002-000 and t RO 7100-002-001-000, said real property being located at 4836 and 4840 Carolina Beach Road respectively. P i t Section 2. The County Clerk is hereby authorized and directed under the supervision of the County J Commissioners to Change the Zoning Map No 4 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. 3 Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover,North Carolina,and shall be in full force and effect from and after its adoption. Adopted the 8th day of July 2002. ,A t,1I j. ,- * ':t' i * Ted Davis, Jr., l�Iiairman Attest: t .1' a X• • A !i. _i 14 ( le k to the Board j 2£ gFg t[, I t 1 6 AN ORDINANCE OF THE COUNTY OF NEW HANOVER,NORTH CAROLINA AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965 A-319, 06/02 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Subdivision Regulations of the County of New Hanover, North Carolina adopted October 18, 1965, as amended be and the same is hereby further amended as follows: AMEND Section 33 (2) (2) The subdivider shall submit a final plat for all or part of the approved preliminary plan within 24 months of the preliminary approval date . If a final plats er—seet--i-en thcrcof is are not submitted within this 24-month time limit, or if thcrc is a lapac of morc than 24 months in -- - - _ - - =--= - - - - - the plat must be resubmitted as a preliminary plan in accordance with this Ordinance . Otherwise, the preliminary plan approval shall become void unless an extension of time is applied for prior to the expiration of 24 months . (5/5/97) The Planning Board may grant extensions for an additional year not to exceed a total extension time of 24 months. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover,North Carolina,and shall be in full force and effect from and after its adoption Adopted the 8`h day of July 2002. • Ted Davis, Jr., Chairman 'L'`. • IP Attest: %It 7.c.=.0°'` k to the Board • AN ORDINANCE OF THE COUNTY OF NEW HANOVER,NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 A-319, 06/02 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: ADD To Section 51.5-2 8 . Projects proposing more than 150 dwelling units shall have the option of seeking Preliminary approval in two phases : Phase One - General Development Plan and Phase Two - Preliminary Approval . (a) Phase One - General Development Plan shall confer upon the applicant the following rights for a period of five years : the total number of dwelling units, and the } general type (single-family detached or attached, fi townhouses, apartments, patio homes, etc) In reviewing the General Development Plan, the Planning Board shall indicate the following which shall not vest, but still be presumed to be valid at Phase Two - Preliminary Approval subject to engineering and environmental considerations : 1 . the location of collector roads . 2 . the general location and density of the various types of dwellings . (b) Phase Two - Following approval of the General Development Plan the applicant shall proceed with Phase Two - Preliminary Plan Approval ADD To Section 102-4 Revisions for Performance Residential and High Density Development shall be reviewed the same as an original submittal in accordance with the site plan requirements. Such revisions shall be limited to those areas still owned by the developer. Density calculations shall not include land areas already platted and/or sold. +'s 9 € s 1 H i AMEND Section 51.5-2 6 . 4 6 . All undivided areas within the development (other than street rights-of-way, parking, and structures) shall be designated as open space . The open space shall meet Such open space shall be offered to the public or encumbered for the perpetual benefit of the residents in accordance with the requirements of Section 69 . 1 of this g Ordinance . f 1 AMEND g Section 51.5-2 12 . 1 } 12 . Any land designated as open space may be used in o calculating the density for a proposed development and may be retained by the developer, subject to the provisions of Section 69 . 1 hereof . (12/11/84) AMEND Section 59 .4-4 (4) (A) 3 . 3 3 . The owner of the parcel on record may retain sole ownership of the conservation space provided the conservation space has not been used in calculating residential density The conservation space shall not be subdivided i AMEND Section 59 .4-4 (4) (A) 4 . (b) 1 (b) All lots or units within the development shall have direct access to all conservation space as { provided by means of public dedicated streets or f dedicated walkways within the development or by the fact of physical contiguity to other public 1 land or lands in common ownership of all residents AMEND Section 69 .1 (2) i (2) Access to open space- All lots or units created within the development shall have direct access to all open space and recreational facilities, as provided, by means of public dedicated streets or dedicate _walkways within the development or by the fact of physical contiguity to other 5 public land or lands in common ownership of all residents 1 i 1 1 4 1 • I/ Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover,North Carolina,and shall be in full force and effect from and after its adoption Adopted the 8th day of July 2002. grA '.' "'1 * Ted Davis, Jr., hairman Attes: 4r;�"` 1 '47thii -rk to the Board 5 E e 3 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Professional Offices & a Barber/Beauty Salon In a Conditional Use Office and Institutional Zoning District Z-736,02/02 The County Commissioners for New Hanover County having held a public hearing on Monday,August 5, 2002 to consider application number Z-736 submitted by Nam Van Tran, a petition for a Conditional Use Office and Institutional district located at 5111 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 located within the Myrtle Grove VFD. B. The site has direct access to Carolina Beach Road (U.S. 421) C. City water and County Sewer are available nearby. 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 on site The proposed uses will be contained within the existing 1% story brick home. B. The Zoning Ordinance does not specify any additional restrictions for these uses. C. Existing trees will be supplemented to accommodate buffer requirements. Other landscaping and parking requirenmets will be added to meet the requirements of the ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure thevalue of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The property is adjacent to a high density multi-family development and is less than 200 feet from the developing Super Wal-Mart at Monkey Junction. B. The proposed use will be housed in an existing residential structure. 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 subject property is located in the Developed Land Classification. The purpose of the Developed class is to provide for continued I intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1, 500 5 dwelling units per square mile. Urban services are already in place 1 or scheduled within the immediate future. Density may exceed 2 .5 units per acre within the developed class, depending upon local zoning regulations. B. The property is near the growing commercial center at Monkey Junction. 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 1 the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: I A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. 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. The use shall be limited to professional offices and a barber/beauty salon. 1 1 P Ordered this 5th day of August 2002. IN .,, , Ted Davis, Jr., airman i Attest: % --' �• I di 11111- Cl'rk to the Board 1 i 3 i 3 s i 3 J 1 E 3 d I 1 I i 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT S-485,08/02 Private Entertainment Establishment In a B-1 Neighborhood Business District The County Commissioners for New Hanover County having held a public hearing on Monday, August 5, 2002 to consider application number S-485 submitted by Paula Shreve, a request for a special use permit to permit a private entertainment establishment/bar at 6960 Carolina Beach Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1(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 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 is not in harmony with the established residential community along McQuillan Drive. 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 5th day of August 2002. • 7::,1 Om, Ted Davis,Jr., hairman Attest: Ir; :a'" C -rk to the Board E 5 i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Single Wide Mobile Home • S-486, 09/02 i r The County Commissioners for New Hanover County having held a public hearing on September 3, t 2002 to consider application number S-486 submitted by Michial Rhodes,a special use permit request 1 to locate a single wide mobile home in an R-20 residential zoning district located at 2002 Chair 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 i 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. 1 In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: ' r A. The subject property is located within the Wrightsboro VFD. B. The site will be served by private well and septic. C. Access to the site is from Chair Road which is being extended with the construction of the 17 By-Pass . 1 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second ! general requirement listed in the Ordinance; namely that the use meets all required conditions and 1 specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: , i A. The site is located in an R-20 Residential Zoning District . Minimum setbacks for structures can be met . B. The mobile home will be located on a large farm parcel which has frontage on the Northeast Cape Fear. River. 1 C. One other single family home exists on the property. 1 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third d 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, j the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that the proposed use will injure i the value of adjoining or abutting property values. i B. Currently there are no neighbors visible from the proposed mobile 1 home site. 9 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 aea 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: 1 1 1 1 i A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of r important natural, historic, scenic, wildlife and recreational resources. B. Several other mobile homes are located east of the by-pass on similar properties . 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 t 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 F 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. t Ordered this 3rd day of September 2002. Ted Davis, Jr., Cha ' an Attest: 410?,. Cl-rk to the Board fi 1 yi >r I i COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 1 For a Vegetative Debris Recycling Processing S-487,09/02 The County Commissioners for New Hanover County having held a public hearing on October 7, 2002 to consider application number S-487 submitted by Long Leaf Wood Products, a special use permit request to use property located at 2829 North Kerr Avenue for vegetative debris recycling processing in an A-I Airport Industrial zoning district and having heard all of the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following I CONCLUSIONS: ' 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in s 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 1 requirement listed in the Ordinance;namely that the use will not materially endanger the public health 3 or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Wrightsboro VFD. : B. Access to the site is through a 60foot wide private access easement from North Kerr Avenue. 1 C. The proposed vegetative debris grinder will be onsite on a 4 temporary and intermittent basis. The applicant has applicable I state permits to stock pile 6, 000 cubic yards of vegetative debris. I3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in an A-I Airport Industrial Zoning District. Recycling processing facilities are permitted by Special Use Permit within A-I Airport Industrial Districts. 1 B. Minimum setbacks for the facility and its appurtenant uses is 150 feet from residential property lines. 1 C. Other setbacks, landscaping and buffering shall be in accordance with sections 69 . 11 and section 67 of the zoning ordinance D. The facility shall not emit dust, smoke fumes or vibrations detectable on adjacent properties. 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, 5 the Commissioners make the following FINDINGS OF FACT: I A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values . B. There are several vacant properties nearby. Generally the land use in the surrounding area is industrial and agricultural . i i 1 i 1 I w 1 3 1 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if I 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 is classified as Urban Transition by the New Hanover County Comprehensive Plan. 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 1 1 services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. IB. Other Industrial Uses are located nearby. 1 1 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the 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. I 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 7th day of October 2002. 1 i I _.Itrilii/W11 .._ 3 Ted Davis, Jr., C an 1 Attest: 1 /CI der/A47.A.■' Deputy Clerk to the Board I 1 1 i S 1 3 I I g 1 i 1 1 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA I ORDER GRANTING A SPECIAL USE PERMIT 1 For a Temporary 106' Telecommunication Tower S-489, 09/02 1 The County Commissioners for New Hanover County having held a public hearing on October 7, 2002 to consider application number S-489 submitted by ComScape Telecommunications, Inc., a special use permit request to use property located at 823 Roscoe Freeman Avenue for Temporary 106' Telecommunication Tower in an R-15 Residential zoning district and having heard all ofthe 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 1 requirement listed in the Ordinance;namely that the use will not materially endanger the public health 1 or safety h if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Federal Point VFD. B. Access to the site is from Roscoe Freeman Avenue an unimproved dirt road in the Seabreeze Community. C. The tower will be used to facilitate a start up cellular service business to provide 911 service to its customers. D. The tower is located at least a minimum distance equal to the height of the tower from the nearest residential dwelling. E. The structure has 110 mph wind rating. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 A. The site is located in an R-15 Residential Zoning District. I Communication facilities including towers are permitted by Special Use Permit within Residential Zoning Districts. B. Minimum setbacks and buffering can be accommodated. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. Additional cellular service is important in emergency situations. C. The proposed tower is intended to be a temporary structure until ;x other sites can be utilized. v 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 A developed according to the plan as submitted and approved will be in harmony with the area in which } it is to be located and in general conformity with the plan of development for New Hanover County. 1 In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: i 1 . • A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. B. Area is not appropriate for a permanent site. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: I. All other applicable federal, state and local laws. 2. The 106' tower shall only remain in this location for a maximum of 6 months. Ordered this 7th day of October 2002. Ted Davis, Jr., Cha an Attest: Deputy Clerk to the Board A 4 1 , i i 1 COUNTY OF NEW HANOVER I STATE OF NORTH CAROLINA I ORDER GRANTING A SPECIAL USE PERMIT i For a Single Wide Mobile Home , I S-491, 10/02 1 The County Commissioners for New Hanover County having held a public hearing on October 7, 1 2002 to consider application number S-491 submitted by Roberta Lee,a special use permit request to locate a single wide mobile home in an R-20 residential zoning district located at 1704 Oakley Road 1 1 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: i 1 A. The subject property is located within the Wrightsboro VFD. B. The site will be served by private well and septic. C. Access to the site is from an un-named private right of way on i 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,the Commissioners make the following FINDINGS OF FACT: 3 I 1 A. The site is located in an R-20 Residential Zoning District. IMinimum setbacks for structures can be met . B. The mobile home will be located on a 1. 1 acre parcel C. One other single family home exists on the property. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third 1 general requirement listed in the Ordinance;namely thatthe use will not substantially injure the value I of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 1 1 B. The area has a rural character. 1 C. There is a significant amount of vegetation screening the subject 3 property from the neighboring lots. 1 1 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if i 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. I In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 I i 1 i , , i 1 . .- . A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources . B. There is a mobile home subdivision nearby and several other mobile homes are located on similar properties in the 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. 1 B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become I void and of no effect. C. Other: 1. All other applicable federal, state and local laws. Ordered this 7th day of October 2002. rd 41; - Ted Davis, r., Ch ' an Attest: dat4it) i°V.hvill-e--- Deputy Clerk to the Board , I 1 i I 1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Real Estate Office The County Commissioners for New Hanover County having held a public hearing on March 11, 1997 to consider application No Z-593 submitted by Patricia Henderson, a request for a Special Use Permit in a Conditional Use Zoning P Zoning District to use the property located at 813 Piner 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 72-1(3) and 72 of the county Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property has direct access to a Piner Road, a public street. B. Both existing structures are served by individual wells and septic tanks. C. The site is located within the Myrtle Grove VFD District. D. The site is not located in the 100 year flood plain. 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 Zoning Ordinance has been submitted. B. Adequate area is available to accommodate required off-street parking. C. Site identification signage is limited to 12 square feet. The applicant plans to install asign2' x6'. D. Development of the site would be immediate. E. Because the existing structure would be used for the office, no special land clearing that might impact existing trees and other vegetation would be needed. IS• 4. It is the County Commissioners' CONCLUSION that the proposed use DOES I. 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. Property to the east is occupied by Myrtle Grove Middle School. B. Property to the southwest is occupied by Myrtle Grove Presbyterian Church. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. There is a variety of land uses in the area, including several churches, a school, scattered residential development, and a large shopping center. 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. Per site plan ti • _ . rn Ordered this 10th day of 41997. s • 1 1 v Alt; '4/ :,., _-; * Robert G. Greer, Chairman ,,,,,,7----,,, ,..7 _Attes . ?► • ** Cl rk to the Board ��da Affirmation this y of OA , 1997. e. , , ,.a Applicant � I 6i } Addendum Z-593,2/97 Site Plan Revision: Change Use Range 1 The Board of County Commissioners for New Hanover County, having held a public hearing on March 9, 1998, to consider a request by Patricia Henderson to revise the existing site plan to permit a broader range of general and professional offices, concludes that the proposed change satisfies the general requirements for the issuance of a special use permit and/or revision thereto. Ordered this the 9th day of March, 1998. D fpc api, William A. Caster, Chairman ORM Attest: ,/4/41(14#Z4d4/4____, CP erk to the Board gg 3p y � lY ADDENDUM Z-593,09/02 Site Plan and Special Use Permit Revision The Board of County Commissioners for New Hanover County, having held public hearing on Monday, October 7, 2002, to consider a request by William Henderson to revise the existing site plan for a Conditional Use Office and Institutional Zoning District located at 813 Piner Road, conclude that the proposed changes satisfy the general requirements for the issuance of a special use permit and/or revision thereto with the following conditions: 1) Minimum requirements of federal, state and local laws. 2) The front building"A"may be expanded as requested(with a 30' x 30' addition)and used for the range of uses permitted in the general office and institutional district, 3) The rear building`B"may be expanded as requested(with a 30' x 40'addition),however the uses shall be restricted to the proposed golf school and a 4 person real estate office, 4) Additions to both buildings shall be of a similar height,character and exterior material as the existing buildings. 5) The property may also be used for a Commercially operated indoor/outdoor recreational facility more specifically defined as a Golf Training Center. 4 Ordered this 7th day of October 2002. ,‘‘,,kiV11;111(t1 „f , 'OA • # i ={' Ted Davis,Jr., Cha.• an Attest: t, tjakt_i}z_g_. Deputy Clerk to the Board i gg z � t i i _SUP/77 -r7 / , I , i 1 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA I ORDER DENYING A SPECIAL USE PERMIT i i S-488,09/02 106' Telecommunication Tower i In an R-15 Residential District 1 1 1 i The County Commissioners for New Hanover County having held a public hearing on , i Tuesday, November 12, 2002 to consider application number S-488 submitted by ComScape 4 i Telecommunications, Inc., a request for a special use permit to permit a 106 foot 1 telecommunication tower in an R-15 Residential district located at 4510 South College Road i behind the Arab Shrine Club and having heard all of the evidence and arguments presented at the 4 1 hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: i 1 , i1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in i Section 71-1(3) of the County Zoning Ordinance WILL NOT be satisfied if the property is i i developed in accordance with the plans submitted to the County Commissioners. , 3 1 4 4 1 1 1 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the i 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 1 in which it is to be located and in general conformity with the plan of development for New 1 Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS i OF FACT: I i A. The use is not in harmony with the established residential communities on Pine Hollow Drive and Iin Jasmine Cove Subdivision. i 1 4 ] 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 I ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED: 1 i 1 I ii Ordered this 12th day of November 2002. i 1 1 I _‘,..,%'1■17.10. ■e, 7:.-zi a... . . i Pe Ted Davis, Jr., airman Attest: I ,,,...,. ,,... ,,,,,, i c„.. i di., . e. i 4,0 / . C -rk to the Board 1 i i 4 4 4 i 4 i i ! i • , G(_P///- /7, 3 • COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Flex Space Buildings & a Church in Conditional Use District Z-753, 10/02 The County Commissioners for New Hanover County having held a public hearing on November 12, 2002 to consider application number Z-753 submitted by Design Solutions for Golden Road Group LLC, for two flex space buildings and a church in a Conditional Use B-2 Highway Business District and Conditional Use B-1 Neighborhood Business District located at 6315, 6331, and 6339 Carolina Beach Road north of the intersection of Golden 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 I or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove VFD. B. Access to the site is from a private right of way which has direct access to Carolina Beach Road which is classified as an arterial road by the New Hanover County Thoroughfare Classification Plan. C. The site will be served by public water and sewer. I 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 A. A site plan which can meet the requirements of the ordinance has I been submitted. Setbacks, landscaping, buffering,p g, g, stormwater management and tree preservation can be accommodated. B. There are two flex space building totaling 24, 000 square feet and 73 parking spaces proposed. 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. The petitioner has an interest in several of the nearby properties. C. A variety of commercial and institutional uses are located nearby. 2 I i 1 i 1 , 1 . I ' , . ! 1 1 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth i general requirement listed in the Ordinance; namely that the location and character of the use if i developed according to the plan as submitted and approved will be in harmony with the area in which 1 it is to be located and in general conformity with the plan of development for New Hanover County. I In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 A. The site is classified as resource protection by the New Hanover 1 i County Comprehensive Plan. The purpose of the Resource Protection , i class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational Iresources . i B. Comprehensive Plan policies advocate concentrating commercial uses , 1 at major intersections . The southern part of the county has grown making the Golden Road intersection a more viable location for 1 commercial uses which serve local markets. , 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions l 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 I l conditions: 1 A. That the applicant shall fully comply with all of the specific 1 requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. 1 B. If any of the conditions imposed by this special use permit shall be 1 I held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become 1 void and of no effect . I i C. Other: 1 1 1 1. All other applicable federal, state and local laws . I 2. Phase I or the northern parcel shall remain CD (B-1)with the , M site plan and uses revised as shown in this application, 1 3. Access shall be limited to the two driveways shown , 4. Trees along the frontage shall be preserved, 5. Uses shall be limited to the list of specific uses submitted i and no outside storage may occur onsite. I I i Ordered this 12th day of November 2002. , 1 1 ,A,Ililbtlit 1 offi4 :.1* . Ted Davis, Jr., C airman l 1 1 Attest : 4,""--"s —r4,7•.''_ ', ". " ' 1 1 i a Ciekk4IC1 k to th.e\(oard /a4141"(— 1 I I i , ,, -- 0I)i/(-/7. -2 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate Panel Antennas on an Existing Water Tower S-492, 10/02 The County Commissioners for New Hanover County having held a public hearing on Tuesday, November 12,2002 to consider application number S-492 submitted by AirGate PCS,Inc.,a special use permit request to locate panel antennas on an existing water tower in a CD(O&I)Conditional Use Office and Institutional zoning district located at 1011 Porters Neck 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 located within the Ogden VFD. B. Access to the site is from Porters Neck Road or Champ Davis Road. C. The antennas will be placed on existing water tower. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in a CD(O&I) Conditional Use Office and Institutional District Zoning District. B. Communication facilities including towers are permitted by Special Use Permit within the Office and Institutional Zoning Districts. 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, 1 the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. Additional cellular service is important in emergency situations . 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 thearea 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 is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational 1 resources. B. Antennas are located on top of other water towers, and tall 1 structures throughout the County. i 1 1 4. • ° 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. The associated ground facilities shall be screened with a 6 foot high opaque fence. Ordered this 12th day of November 2002. 6„.,,Q) • V4 4 " * Ted Davis,Jr., C airman or Attest: Cl to the Board 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT i S-387,09/02 A Convenience Food Store/Tea Shop In an R-15 Residential District 1 I I The County Commissioners for New Hanover County having held a public hearing on 1 Monday, December 2, 2002 to consider application number S-387 submitted by Amanda Smith, a request to change an existing special use permit for a pet grooming operation to permit , Convenience Food Store/Tea Shop in an R-15 Residential district located at 7903 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: 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 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 is not in harmony with the area in which it is to be located and is not in conformity with the plan of development for New Hanover County. 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 2nd day of December 2002. A∎11117:� I �A: , Ted Davis,Jr., airman Attest: .++.+r0-q;z∎, ,pTMG / - tom/ clerk to the Board 1 I i l 1 COUNTY OF NEW HANOVER F STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Private Business & Professional Services (Computer Audio video service, recording studio, & personal real estate rental office) in a CD(O&I) District i Z-746, 07/02 The County Commissioners for New Hanover County having held a public hearing on December 2, 2002 to consider application number Z-746 submitted by Kenneth Shanklin for Jeffrey S. Clark and wife,Tammy W.Clark,for private business and professional services including computer audio video 3 3 service,recording studio, and personal real estate rental office in a Conditional Use O&I Office and i 1 Institutional located at 4716 Carolina Beach Road,and having heard all of the evidence and arguments 3 ' presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: i' 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 1 3 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general t requirement listed in the Ordinance;namely that the use will not materially endanger the piblic health X 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: , S S 1 A. The subject property is located within the Myrtle Grove VFD. , B. The site has direct access to Carolina Beach Road (U.S. 421) ? C. The site is served by County sewer and Public water service is J available nearby. D. Only one new building is proposed for the rear of the property. 1 3 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: I i A. Only one new structure is proposed. The proposed building shall be 1 setback a minimum of (2 .75Xbuilding height) . Existing uses will continue within the existing buildings onsite. B. Buffering for the proposed building is shown using a fence and landscape material. No trees will be removed for the new construction. i C. The proposed uses are permitted within the Office and 1 Institutional District. t 1 k 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,the ; Commissioners make the following FINDINGS OF FACT: 3 1 A. Historically the existing building fronting on Carolina Beach Road has been used for a variety of commercial uses prior to zoning in the area. B. Only one new building is proposed. C. The proposed uses are permitted within the O&I zoning district . 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 subject property is located in the Developed Land Classification. 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 . . 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. The audio studio shall not operate after 10 : 00 pm. Ordered this 2nd day of December 2002. .�! Ted Davis,Jr. m , airan Q Atte 0 Cl tyx(4,4444._ rk to the Board