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Special Use Permits 2003 i a 1 2 t COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 1 4 For a Child Daycare for 103 Children in an R-15 District 1 S-494, 12/02 I The County Commissioners for New Hanover County having held a public hearing on January 6, s 1 2003 to consider application number S-494 submitted by Pastor Bryan McGee for The Rock of R Wilmington Church, a special use permit request to operate a Child Daycare for 103 children in an 3 R-15 Residential Zoning District located at 5301 Sidbury Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the j following CONCLUSIONS: 5 3 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 1 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health 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: 5 3 A. The subject property is located within the Castle Hayne VFD. B. The site has direct access to Sidbury Road (SR 1336) , which is classified by the 1999 Thoroughfare Classification Plan as an 1 arterial road. i C. The site is served by County sewer and Private water. ' 1 D. The child daycare is proposed within the church building, which is currently under construction. 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 ; specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF I FACT: A. The subject parcel is zoned R-15 Residential. B. Child daycare facilities are permitted by special use permit in the R-15 Residential Zoning District. 1 C. Plans for Landscaping and buffering have been approved by the 1 Zoning Enforcement Department. 5 5 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The surrounding area is predominantly rural with some agricultural uses occurring nearby. i B. One parcel on the south side of Sidbury Road across from the f subject property is zoned I-1 Light Industrial . i; C. Cape Fear Community College and Interstate 140 are under construction nearby. i i i 1 ) } j t `t { 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. 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. Other churches throughout the County operate daycare facilities . C. The facility can accommodate up to 103 children 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. 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 January 2003. 4, lip Z' r.�s 1t • s' r * ''M = Ted Davis,Jr., irman Attest: LP�� 'F NOVO \JIM-a) laant-81-e- v 3 Deputy Clerk to the Board } $4 4 a i , 1 i a COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Child Daycare for 25 Children in an I-1 District S-495, 12/02 The County Commissioners for New Hanover County having held a public hearing on January 6, 2003 to consider application number S-495 submitted by Alpha Omega Health, Inc. a special use permit request to operate a Child Daycare for 25 children in an I-1 Light Industrial Zoning District t located at 8114 Market Street and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in t 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 usewill 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: h A. The subject property is located within the Ogden VFD. £ B. The site has direct access to Market Street (U.S. 17) 4 q C. The site is served by County water and sewer. `' D. The proposed use will occur in an existing building. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second 1 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 g A. A Play area with a 4' high fence is proposed on the north end of i the building. 1 B. Minimum landscaping and buffering has been installed for the existing office park. , 3 C. No new buildings are proposed. 1 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 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. The proposed use is within an existing office park. 1 B. The building is located in the center of an I-i Zoning District . C. Child daycare is permitted by special use permit in the I-1 F district. 1 i 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth i t 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 t it is to be located and in general conformity with the plan of development for New Hanover County. t In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: i 1 0 1 { A. The site is classified as resource protection by the New Hanover a County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of ,i important natural, historic, scenic, wildlife and recreational resources . B. Several policies in the comprehensive plan support establishing programs for elderly, special needs, and children. r C. The facility is convenient to nearby businesses . D. The site can accommodate the proposed 25 children. Y 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 k i as any additional conditions hereinafter stated. i 1 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 1 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 . I I 1 9 Ordered this 6th day of January 2003. ,0:,I3; , 41 ii CI) t ,,w ed Davis, Jr., C rman (cue/.4(.t. Attest: «...di �V 1 I i ire,OLIA-0-) Pay Ne‘-r,_ 1 4 Deputy Clerk to the Board 1 1 3 g i i9 yi i k 1 3 ±{ ff y }3 2 4 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Child Daycare for 17 Children in an R-10 District S-496, 01/03 The County Commissioners for New Hanover County having held a public hearing on February 3,2003 to consider application number S-496 submitted by Jeane Finucan a special use permit request to operate a Child Daycare for 17 children having two shifts keeping 12 children during first shift hours and 5 children during third shift hours in an R-10 Residential Zoning District located at 4504 Barnards Landing 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 access to Barnards Landing Road which is a public right-of-way. (S.R. 2323) C. The site is served by County sewer and community water. D. The proposed use will occur in an existing home. 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. There is sufficient space for parking for 1 employee and 4 off street spaces. B. A driveway with ingress and egress has been constructed in a manner to provide access without backing onto the public right of way. C. There is an existing play area with a 6' high fence in the back yard. D. Outside signs for the facility shall not exceed 2 square feet. No sings are proposed E. Operation of the facility shall comply with the provisions of the General Statutes of the State of North Carolina and other applicable federal state or local codes. F. No new buildings are 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. The subject property is located in an R-10 residential district . B. Child daycare facilities are permitted by special use permit in all residential districts . 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. The purpose of the developed class is to provide for continued intensive 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 . B. Several policies in the comprehensive plan support establishing programs for elderly, special needs, and children. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: j3 A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect . C. Other: 1. All other applicable federal, state and local laws. Ordered this 3rd day of February 2003. Ted Davis,Jr., rman Attest: o. erk to the Board 1 . i . n , aa Irv.. WM ■■•••• ..........".". ."......."'...."."....'.........I\ ...., •••••• ......'‘...."... ...."..."..."411111.M.11111\ t t 0 VA, \ \ \ \ O„ r Iki."4"."..".."."... ••• 00 d\...n.""".""•■•••••• ......"'.... "..".".1 i g • wQ 941K10a11 , Si t 1 ill '0 xP r , , $ ....,,...... ... ...0,.../ 1 t...-v u .4 a °v a "�!_ ti lib r; 0 rt. *s' ,..\ 1 PO Z it r'1 0 t 70 (AD g 1 ti 4 ›- ca, � o 1 r I b kg e, n ' S ---"\------- . r d ---....._ 1 1 \ , { COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a 264 Unit High Density Development in an R-15 and B-1 Zoning District S-497, 01/03 The County Commissioners for New Hanover County having held a public hearing on March 10,2003 to consider application number S-497 submitted by Scarafoni Associates NC,Inc., for Cypress Pond at Porters Neck LLC a special use permit request to locate a 264 unit High Density Development in an R-15 Residential Zoning District and in a B-1 Neighborhood Business Zoning District located on several parcels of land behind the Porters Neck Shopping Center 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- F 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. The site has access to Market Street, which is classified by the Thoroughfare Classification Plan as a Major Arterial. (US 17) C. The petitioner is extending County water and sewer services to the project. 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 and reviewed. B. County engineering has indicated that there is sufficient area shown on the plan to accommodate stormwater management. Stormwater requirements and water and sewer will be reviewed when construction plans are submitted. C. A Traffic Impact Analysis has been submitted and is under review by the MPO and DOT staff. fi 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 subject property is zoned R-15 residential and B-1 Neighborhood Business. B. High Density development is permitted within the R-15 district provided the land is classified urban transition and there is access to a major or minor arterial. Residential uses are permitted within B-1 business districts by special use permit. C. The project is adjacent to an existing Commercial Shopping Center and vacant residential properties in Greenview Ranches. 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general li requirement listed in the Ordinance; namely that the location and character of the use if developed 3 1 . , , 1 . according to the plan as submitted and approved will be in harmony with the area in which it is to be i i located and in general conformity with the plan of development for New Hanover County. In support of i i this conclusion,the Commissioners make the following FINDINGS OF FACT: , i i 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 4 I or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum A efficiency in land utilization and public service delivery. Residential I development can exceed 2 .5 units per acre within the Urban Transition , area provided the development is adequately designed to be compatible i , with existing and proposed surrounding land uses and is served by: City j or County Sewer 1 4 B. Housing policies in the comprehensive plan state that "The County and i , City shall continue to support and enhance a broad range of affordable 1 1 housing programs and increase affordable rental housing." , 4 1 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions 4 A precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the c application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following _3 i conditions: 1 A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any 1 additional conditions hereinafter stated. 1 1 B. If any of the conditions imposed by this special use permit shall be held i 1 invalid beyond the authority of this Board of Commissioners by a court of 1 1 competent jurisdiction, then this permit shall become void and of no i 1 effect. i 1 C. Other: 1 1 1 L All other applicable federal, state and local laws. g i 1 2. All recommendations of the Traffic Impact Analysis shall be I 1 I incorporated into the improvements for the project. 3. A fifty foot public right of way shall be provided on the south 1 1 i i end of the project adjacent to Country Haven Subdivision. I i 4. The edge of pavement for the proposed public road shall be i & I shifted fifty feet away from the Country Haven Development as 1 described and agreed to by Mr. Scarafoni and his neighbor during I i the public hearing. i I i 1 / 1 Ordered this 10 th dayofNlarch2003. 1 , i ) i 1 s ■.'■I'l dr,.r.,-, 1 7-,--,a • , Ted Davis,Jr., airman 1 i i * 1 Attest: ,i-oalr-Xi. . i i C erk to.the Board 1 i , ., A 4 i , A , A , I I i f .• f- 1 1 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 1 i i For Limited Neighborhood Business Uses in a CD(B-1) Conditional Use Neighborhood Business District Z-760,03/03 The County Commissioners for New Hanover County having held a public hearing on April 7,2003 to consider application number Z-760 submitted by Howard Capps for Atlantis Holdings, L.L.C. a Conditional Use rezoning for limited Neighborhood Business Uses in a CD(B-1)Conditional Use Neighborhood Business District located in the 4600 block of Carolina Beach Road across from Silva 1 Terra Drive 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 I 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. I. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: i 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 proposed project will be served by County Sewer and City Water. ! 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 all of the requirements of the Ordinance, 1 has been submitted and reviewed. B. The site plan shows 6 commercial buildings totaling approximately 112, 566 square feet. C. A list of proposed uses is shown on the site plan. All proposed uses are permitted within the B-1 Neighborhood Business District . I D. Sufficient area to accommodate the required landscaping and 4 buffering is shown on the site plan. a 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 ofthis conclusion, the Commissioners make the following FINDINGS OF FACT: A. One parcel within the rezoning area has been zoned and used for light industrial purposes since 1985 . B. A traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plans . 1 C. The proposed neighborhood business plaza can be utilized by the existing neighborhoods on the southwest side of Carolina Beach 1 Road and by the developing Johnson Farm neighborhoods . D. The proposed landscaping and buffering areas are adequate to protect adjacent properties . 1 E. The roadway design incorporates traffic calming measures to 1 z 3 I t i, I 1 r f- 1 discourage cut through traffic while allowing interconnectivity. F. Road stubs shown for future connection should improve some existing traffic problems for nearby residents. 1 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth t 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 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: t A. The site is classified as developed by the New Hanover County Comprehensive Plan. The purpose of the developed class is to I provide for continued intensive development and redevelopment of 1 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 1 future. B. Policies in the comprehensive plan promote location of commercial services in close proximity to the markets they serve. The 11 proposed project can serve two large residential areas and the road configuration allows for the potential connection to serve other residential areas along St. Andrews Drive. 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 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 g 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. 3 2. The "Convenience Food Store" Use and the "Automobile Service s Station" Use shall require approval of an additional special t use permit . i 1 Ordered this 7th day of April 2003. �?/ \��! Ted Davis, Jr., Chai 'an Attest: �,. ,*4 /. . . i i erk to the Board i i 1 3 ) COUNTY OF NEW HANOVER • STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a 116 Unit Personal Care/Independent Living Facility in an R-10 Residential District S-498, 03/03 The County Commissioners for New Hanover County having held a public hearing on April 7,2003 to consider application number S-498 submitted by Howard Capps for Atlantis Holdings, L.L.C. a Conditional Use rezoning for a 116 unit Independent Living Facility in an R-10 Residential District located in the 4600 block of Carolina Beach Road across from Silva Terra Drive 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. The proposed project will be served by County Sewer and City Water. 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 all of the requirements of the Ordinance has been submitted and reviewed. B. The site plan shows a 116 unit independent living facility with adequate parking to accommodate the tenants and employees. C. Sufficient area to accommodate the required landscaping and buffering is shown on the site plan. 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. One parcel within the area has been zoned and used for light industrial purposes since 1985. B. A traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plans . C. The proposed use is within the context of a larger development plan. D. The proposed landscaping and buffering areas are adequate to protect adjacent properties. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. f � 3 II 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. The purpose of the developed class is to provide for continued intensive 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. B. Policies in the comprehensive plan support having adequate supply of housing for elderly,y, special needs, and disabled. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all 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 1. All other applicable federal, state and local laws . 2. Adequate sound screening shall be provided for HVAC units to I protect adjacent neighbors from the noise associated with the equipment. I I Ordered this 7th day of April 2003. 6,4 .0, `T : ..�[[iiZZtt.. / �; � Ted Davis,Jr., Chairman Attest: 9: Cler to the Board 1 s , COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Child Daycare Facility for 8 Children S-499,03/03 The County Commissioners for New Hanover County having held a public hearing on May 5, 2003 to consider application number S-499 submitted by Barbara Morris for a special use permit for a Child Daycare Facility for 8 Children in an R-15 Residential District located at 822 Sago Bay Drive 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: aj A. The subject property is located within the Myrtle Grove VFD. B. The site has access to Sago Bay Drive which is a public right-of- way. (S.R. 2400) C. The site is served by private water and sewer. D. The proposed use will occur in an existing home. 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: y I A. There is sufficient space for parking for 1 employee and 4 off street spaces. B. There is an area designated for pick up and drop off with ingress and egress provided in a manner to provide access without backing onto the public right of way. C. There is an existing fenced play area in the back yard. D. Outside signs for the facility shall not exceed 2 square feet. No sings are proposed E. Operation of the facility shall comply with the provisions of the General Statutes of the State of North Carolina and other applicable federal state or local codes. F. No new buildings are 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. The subject property is located in an R-15 residential district. B. Child daycare facilities are permitted by special use permit in all residential districts. , 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 limited transition by the New Hanover County Comprehensive Plan. The purpose of the limited transition class is to provide for development in areas that will have some services, but at lower densities than those associated with Urban } Transition. B. Several policies in the comprehensive plan support establishing programs for elderly, special needs, and children. 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 1 conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. Ordered this 5th day of May 2003. / t 11 . , ...______ * A ,:,..,, .„ . i Ted Davis,Jr., Ch. an Attest: O� ,P 0 /fog:, ./.).1114.1t.IL C rk to the Board 1 t COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Commercial Marina in an R-15 Residential District S-500, 03/03 The County Commissioners for New Hanover County having held a public hearing on May 5, 2003 to consider application number S-500 submitted by Ed Lowe for Masonboro Boat Yard for a special use permit to use property in an R-15 Residential District as part of an existing Commercial Marina located at 609 Trails End 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 access to Trails End Road which is a public right-of-way and to Purviance Avenue which is a right-of-way that extends to Whiskey Creek. (S.R. 1517) C. The site is served by private water and County sewer. 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 proposed commercial marina activities in the R-15 district are parking and office uses. B. The proposed site plan shows the removal of the existing office building, the conversion of a portion of an existing structure into an office for the marina, and the addition of 16 unpaved off street parking spaces. No new buildings are proposed. C. Adequate parking is provided on site. D. Adequate buffering shall be provided along all property lines abutting residential property. E. Night lighting by design and construction shall be contained on the site. 1 F. A site plan shall be submitted for review and approval. 1 Cr. It can be demonstrated that the sitting of the facility will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. 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 subject property is located in an R-15 residential district. B. Commercial Marinas are permitted by special use permit in all residential districts. C. The existing vegetation between the properties should provide adequate protection for both properties. 1 1 . 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general I 1 requirement listed in the Ordinance; namely that the location and character of the use if developed I 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 I of this conclusion,the Commissioners make the following FINDINGS OF FACT: i A. The site is classified as Conservation by the New Hanover County i Comprehensive Plan. The purpose of the conservation class is to provide i for effective long term management and protection of significant, limited or irreplaceable natural resources while also protecting the , 1 rights of the property owner. Management of these areas may be required i for a number of reasons, including natural, cultural, recreational, i ] productive or scenic values. I , 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions i precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the i application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following i i 1 / conditions: 1 A. That the applicant shall fully comply with all of the specific i requirements stated in the Ordinance for the proposed use, as well 1 as any additional conditions hereinafter stated. i t B. If any of the conditions imposed by this special use permit shall be i held invalid beyond the authority of this Board of Commissioners by i i a court of competent jurisdiction, then this permit shall become void and of no effect. i C. Other i L All other applicable federal, state and local laws. i , 2. No trees 4" DBH or greater may be removed for the project 3. If the adjacent neighbor requests a fence the petitioner shall , I construct a 5' privacy fence on his property within 45 days of the request from the Oak tree west and , 4. if vegetation is removed and if the adjacent neighbor requests a fence the petitioner shall construct a 5' privacy fence on , his property from the Oak tree east within 45 days of the , request. g 1 Orderedthis5thdayofNlay2003. i `•#7-.' * Ted Davis,Jr., Chm an i 00 ,.47, • ...z Attest: `‘.100,---- 0. t,■•• , , ,-4e.,,,,,P 0,S•- NOON , , C rk to the Board ' 1 t = = I r 1 1 i i i , 1 1 : COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Dwelling Unit incidental to the principle Use S-501, 05/03 The County Commissioners for New Hanover County having held a public hearing on June 2, 2003 to consider application number S-501 submitted by The North Carolina Coastal Land Trust for a special use permit to locate a dwelling unit incidental to the principle use in an I-2 Heavy Industrial Zoning District located on 477 acres of property on the west side of US Highway 421 between the Northeast Cape Fear River Bridge and the Railroad Bridge 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 421 North Fire District. B. Proposed access to the site is from US 421 C. The site is served by private water and sewer. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. One dwelling unit is proposed on the 477 acre site B. The proposed location meets all setback requirements C. The dwelling shall be occupied solely by the person engaged in the maintenance of the conservation land, an employee of the organization holding the conservation easement, or their family members residing with them. D. The petitioner has stated that a dwelling unit is permitted within the Conservation Easement. 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 subject property is located in an 1-2 Heavy Industrial District. B. The subject property is more than 400 acres. C. Nearby properties are used for industrial purposes. There is also an outdoor shooting range approximately 3, 000 feet south of the subject property. 1 ' 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance;namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is classified Conservation by the New Hanover County Comprehensive Plan. The purpose of the conservation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while protecting the rights of the property owner. B. The proposed dwelling unit is for a caretaker who will help protect the conservation easement from illegal dumping, hunting, and other illicit activities. 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 . 'r I z r Ordered this 2nd day of June 2003. Ted Davis, Jr., C .• an 'ITT;► 6 . I �i�. _ . Cl:rk to the :oard f j a � gg� 7 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Single Wide Mobile Home in an R-20 Zoning District ! S-502, 06/03 The County Commissioners for New Hanover County having held a public hearing on June 2, 2003 to consider application number S-502 submitted by V. Todd Byrd for a special use permit to locate a single wide mobile home in an R-20 Residential District located at 2415 Oakley 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: � E 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 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: A. The site is located in an R-20 Residential Zoning District. Minimum setbacks for structures can be met. B. Singlewide mobile homes are permitted by special use permit in the R-20 Residential Zoning District. C. The mobile home will be located on a 10, 000 square foot existing lot of record. D. Other mobile homes exist nearby. 4. It is the County Commissioners'CONCLUSION that the proposeduse 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 area has a rural character. 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: y � A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the I Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources . B. 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. 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. i Ordered this 2nd day of June 2003. 1 �� Ted Davis,Jr., COP, an i h. 1 ll`PLO ( 0-21.1c/7/441.1a---- 1 erk to the Board 1 �3 3iI fy1 tl I 1 i ' i Certificate'of Approval 1 i , itifL DWIll . 1 1∎ Chairman, Co. Commi.sinners Date 1 1 I, ii 1 � 1 T 1 5 t ,1 \ 7 ! / 1 i , 1 1 . 'i 411 } .....t......t.1 \ -...- 1 1 \\° 4, L),st_ --1 1 t 1, - . O 4.e 1 so' — �1 1 a4«oIt IZJ. rl, g C,., 1... �l.T;ac By t. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For an expansion to an existing Special Use Permit For a Marine Research & Education Facility in an R-15 Zoning District S-329, 08/03 The County Commissioners for New Hanover County having held a public hearing on September 2, 2003 to consider application number S-329 submitted by Boney Architecture for UNCW to expand an existing Special Use Permit for a Marine Research&Education Facility in an R-15 Residential Zoning District located at 5600 Marvin K. Moss 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. _ 3 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 is served by County Sewer and City water. C. Access to the site is from Masonboro Loop Road via the existing Marvin K. Moss Lane. D. The proposed expansion will provide support services to the existing Center for Marine Sciences. E. The proposed expansion adds approximately 3 . 55 acres of property to the existing 52 acre site. The additional acreage is located adjacent and south of the existing site. F. Site clearing for the project will be limited to areas required for site construction. 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 proposed expansion to the Marine Research Facility will be operated by the University of North Carolina at Wilmington' s Center for Marine Sciences. B. The property is zoned R-15 Residential. Colleges, Universities, and related uses are permitted by Special Use Permit in the R-15 Residential District. C. The existing facility contains approximately 82, 880 square feet of building floor area. D. The proposed addition on the south side of the existing building will be a one story structure not to exceed 25,500 square feet. y1 E. Parking will be provided in accordance with Section 81 of the County' s Zoning Ordinance. F. A 50-foot buffer of natural vegetation will exist along all property lines with the exception of the area on the west side of the new 3 .55 acre site where an existing house and associated parking area will be utilized in support of the Marine Research Facility. G. The Eastern portion of the site lies within the 100 year floodplain and there is Salt Marsh that is regulated by the ( County Conservation Overlay District . No buildings are proposed in this area. The proposed interpretive trail through this area shall meet the requirements of the Conservation Overlay District with minimal impacts to the resource. H. The Board of Commissioners approved the existing facility in 1991 and revised the permit in March 2001 with 4 conditions; (1) UNCW continue their commitment to work with the neighbors on mitigating the noise concern emanating from the heating and cooling units. (2) Any additional proposed construction after the Board approval in 2001 will require a new special use permit. (3) Between the hours of 8 : 00 pm and 8 :00 am, one heating/cooling unit will be in operation. The unit will operate on low setting. (4) Noise readings will be monitored quarterly for one year by professional technicians hired by UNCW. Based on the evidence presented in this special use permit application it appears that all conditions have been met. 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The proposed addition will maintain and/or improve visual and acoustical screening. B. Improvements to the 3 .55 acre site will include closure of the access to Holt Road to the south and maintain all access from the Marvin K Moss Lane. C. Several small structures will be relocated to the new acreage and the existing house will be utilized, however none of the large more intrusive type structures will extend or be located on the new acreage. D. No evidence has been presented that this expansion 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. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Compatible commercial and industrial development may be located within this class provided important resources are not adversely impacted. B. Several regulated trees exist on site. Efforts should be made to preserve these specimen trees or their removal mitigated in accordance with Section 67 of the Ordinance. 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. Stormwater Management shall comply with the County Ordinance. 3. The additional parking areas shall remain unpaved. 4. All previous conditions shall remain. 5. The addition to the building shall not exceed 25, 500 square feet. Ordered this 2nd day of September 2003. ` r Robert G. Greer, Vice Chairman Attest: V�� fr - � 4 lerk to the Boar. 3 s i • { COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Child Daycare Facility for 10 Children in an R-15 District S-503, 09/03 The County Commissioners for New Hanover County having held a public hearing on October 6, 2003 to consider application number S-503 submitted by Wilmington Montessori School for a special use permit to operate a Child Daycare Facility for 10 children in an R-15 Residential District located at 4008 South College Road in the Trinity United Methodist Activity Center 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 form 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 South College Road which is classified by the 1999 Thoroughfare Classification Plan as an arterial road. C. The site is served by County sewer and City water. D. The child daycare is proposed within the existing Trinity United Methodist Church Family Life Center. E. The daycare will operate as part of the Wilmington Montessori School 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject parcel is zoned R-15 Residential. B. Child daycare facilities are permitted by special use permit in the R-15 Residential Zoning District . C. There is an existing fenced play area D. No new buildings or parking will be required for the Montessori School E. The Montessori school has obtained permits from County Health Department and fire services . 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 substantiallyinjure 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 Montessori school and Daycare will operate out of an existing Church Facility. B. The site is adjacent to Cape Fear Academy. C. No new structures are proposed for the use. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is classified by the New Hanover County Comprehensive Plan as Developed, the purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. resource protection. B. Policies in the Comprehensive plan support providing additional services for the special needs population, the elderly as well as for children. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. 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 October 2003. 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COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Two Single Wide Mobile Home in an R-20 Zoning District S-505, 10/03 The County Commissioners for New Hanover County having held a public hearing on October 6, 2003 to consider application number S-505 submitted by Randall Glazier for a special use permit to locate two single wide mobile homes in an R-20 Residential District located at 2021 and 2023 Oakley 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 Wrightsboro VFD. B. The site will be served by private well and septic. C. Well and septic permits have been approved by the New Hanover County Health Department . D. 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. B. Part of the property is within the 100 year floodplain. The proposed dwelling units are located outside the floodplain boundary. C. Adequate area exists on the parcel for two dwelling units. 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Other mobile homes exist nearby. 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. B. Other Mobile Homes are located nearby. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. Ordered this 6th day of October 2003. -_ A Ted Davis,Jr., C irman Attest: X41' .-- ti t 4/ •!. • Al ALLL_ lerk to the Board • • Q . �.-►.5- -// ao x 4 ' BEd I ^ -, E - 30' 0: ppofpert i.ne64cars) 10,,,40'rext,ri '"PoT } -/0' at 5.c l l e e. pko NO I C E CD S ° m "' , . ' NO CiHANGE Ni TION OF WELL OR Q l -RREACk Bet/ern C 1444) ,a Zo x`iD SEPTIC TANK = 3 WITHOUT PRIOR • z,t_r� / /� o APPROVAL OF THE " HANOVER COUNTY 7 nJ HEALTH I l•ARTMENT U (Aoa1j C" I7z,� "�"03 lUiI c) r^'^ FILE It ZZ- •ATF ".7 carne�s f� u re �' CC — GA _ ADDR ZoV 4 Zoz RcJC R D RZJ c n F ,i�1 - -� pp NZ". S S4eArrN. 20'x`b'P,, [ �` o Q SIGNATURE - •W • (( b JP; 13 • 7€ rnef/, YM1l.S� �pt,lll` ' , -CS r V E t 4 r toN Cen-k-K X �1 C e ' A r d `rte eo •�eI Kee seen-, ; pi o l2fit j ' ne % ),5411, N cd 2,0.2.3 o 0 aEr wEt1� PgoP — 0 l i • i Zn5,11 weil f.e.2 n)aL � 5-k_k. Co d U1.7 1 r. we.l∎ (- ,a la.Eons p CY r �.� d iA)ell 5419a.c-lc- • a Cr) trl )-, .. I oo` Se c- 5 S 0! d Ci. ce LIO1TRof1 Iof3R4 Une. O .-Y d 2��min. Ram Mµ OU� �^ a_ ❑ (/) , Coy I,J•l,tl CC..e cam.- -der ) I42_ ,fRicy-( -it, 1A5� • Certificate of Approval , , </I_Biti,4 R6Z6• Chairman, Co. Commissioners Date COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For mixed residential, office and commercial uses in a CD(B-1) Conditional Use Neighborhood Business District Z-769,09/03 The County Commissioners for New Hanover County having held a public hearing on November 3,2003 to consider application number Z-769,09/03 submitted by Design Solutions for Elton Tucker for a mixture of Residential,Office and Commercial uses in a CD(B-1)Conditional Use Neighborhood Business District located at 5960 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. Proposed access to the site is from Carolina Beach Road and Sanders Road. Carolina Beach Road is classified as an Arterial Road and Sanders Road is classified as a Collector Road. C. The site is served by private water and sewer. 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. All of the uses listed on the site plan are permitted by right or by special use permit in the B-1 Neighborhood Business District. B. A site plan meeting the setback and buffer requirements of the ordinance has been submitted. C. The site plan shows 2 access points on Carolina Beach Road and One on Sanders Road. D. There are 26 proposed residential units. The overall commercial square footage proposed is 150, 000 square feet with three possible mixed use buildings. E. There are two existing natural ponds on the site that are regulated by the County Conservation Overlay District. There is a third natural pond that does not meet the minimum area requirements for protection. F. A traffic impact analysis has been submitted and reviewed for the project. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is generally located at the intersection of Sanders Road and Carolina Beach Road. B. The buffer strips shown on the site plan meet the minimum requirements of the ordinance. C. There is an additional 30' buffer existing along the back side of the lots in the adjacent Beau Rivage Subdivision. D. No evidence has been presented that the proposed project will negatively affect adjoining 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 Limited Transition by the New Hanover County Comprehensive Plan. The purpose of the limited transition class is to provide for development in areas that will have some services but at lower densities than those associated with Urban Transition. The use of clustering and planned unit developments is encouraged. These areas were previously designated as transition and were intended to provide for more intensive future development. However, the provision of public services has been scaled back and less intensive development is planned. B. The adopted Thoroughfare Plan shows the extension of Sanders road to the northeast. C. There is a significant amount of residential development proposed and under construction nearby. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. 2. The developer shall make all improvements to the Sanders Road intersection as recommended in the Traffic Impact Analysis, driveways on Carolina Beach Road should also be consolidated. 3. To provide as much inter-connectivity as possible, access shall be provided from the proposed project to the rear of the lots that front on Carolina Beach Road 4. Provide a pedestrian easement to the Bea Rivage Subdivision. 5. The buffers against the Beau Rivage Subdivision shall meet the minimum County standards and include an 8' high opaque fence and 2 rows of Leyland Cypress. 6. To maintain the two existing COD regulated Cypress Ponds, the site shall be engineered to ensure that the water table remains at the existing level. Ordered this 3rd day of November 2003. ��'�� Ted `. h i n �j * d Davis,a sJ , Ca a Attest: ��11 ,41 • C -rk to the Board i J COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA . ORDER DENYING A SPECIAL USE PERMIT i S-504, 10/03 18 Unit High Density In an R-15 Residential District 1 i The County Commissioners for New Hanover County having held a public hearing on Monday December 1,2003 to consider application number S-504 submitted by Stroud Engineering for Palm Beach Development Group LLC, a request for a special use permit to permit an 18 unit High Density residential project in an R-15 Residential district located at 1050 Dunhill Lane behind the Amerihost Inn & Suites 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 3 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in 1 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. 3 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 I use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 A. The proposed 3 story 18 unit building is not in harmony with the area in which it is to be located. ; 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 Ordered this 1st day of December 2003. I 1 i'lL,1 gilla- - i IRobert G. Greer, Chairman I Attest: Cl rk to the Board / 1 I i i k ■