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Special Use Permits 2004 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a 6 Slip Community Boating Facility in an R-15 Zoning District S-510, 12/03 The County Commissioners for New Hanover County having held a public hearing on January 5, 2004 to consider application number S-510 submitted by Bruce Jackson for Avalon Oaks L.L.C. for a special use permit to locate a 6 slip community boating facility in an R-15 Residential District located at the terminus of Windy Hills 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 served by private water and County Sewer. B. The site is located in the Myrtle Grove VFD C. Access to the facility will be conferred to the residents of the subdivision. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is zoned R-15 and the land classification is Conservation. Community boating facilities are permitted by special use permit in the R-15 zoning district. B. The zoning ordinance requires that the petitioner must demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. A CAMA Major permit for the six slip facility has been approved. C. Off street parking must be provided on site at one space per boat slip, or on nearby residential lots. D. The number of boat slips must not exceed the number of residential lots or dwelling units within the associated development. E. The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and foodstuffs, shall be strictly prohibited. 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The surrounding land use is residential.The surrounding zoning is R-15. B. Other private residential piers are located in the vicinity. 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance;namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. New Hanover County land use policies encourage the consolidation of riparian access. This community boating facility will serve all of the lots in the Avalon Oaks Subdivision. B. County policies state that the development of marinas should be allowed as a means of providing public access provided they do not adversely affect estuarine resources or public trust waters. Myrtle Grove Sound is classified as SA/ORW and is closed to shellfishing. C. A 4 slip boating facility is permitted by right. The two additional slips proposed are for small crafts without heads. D. Boat lifts are proposed for each slip. Many nearby private and community piers utilize boat lifts. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect . C. Other: 1. All other applicable federal, state and local laws. Ordered this 5th day of January 2003. 0,41 Robert G. Greer, Chairman Attest: 'isr A 'IA_ � • erk to the Board SrtPit 3, .Z2./ - 1 V �y. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a 18 Unit High Density Project in an R-15 Zoning District S-513, 01/04 The County Commissioners for New Hanover County having held a public hearing on February 2, 2004 to consider application number S-513 submitted by Stroud Engineering for Palm Beach Development Group for a special use permit for an 18 Unit High Density Project in an R-15 Residential District located at 1050 Dunhill Lane behind the Amerihost Inn& Suites at Monkey Junction 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 setforth 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 will be served by City water and County Sewer. C. Access to the site is from Carolina Beach Road which is classified by the New Hanover County Thoroughfare Classification Plan as an Arterial 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-15 Residential Zoning District. High Density Development is permitted by Special Use Permit in the R-15 District. B. A site plan which meets the requirements of the zoning ordinance has been submitted and reviewed. C. County engineering has indicated that the existing detention pond shown on the plan has sufficient capacity to meet the County Stormwater Regulations. Stormwater requirements and water and sewer will be further reviewed when construction plans are submitted. D. All required landscaping 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. The subject property is zoned R-15 residential and is adjacent to an existing commercial district occupied by the Ameri-host Suites. B. High Density development is permitted within the R-15 district provided the land is classified developed or urban transition and there is access to a major or minor arterial. The subject property is classified developed and access is provided from Carolina Beach Road. . s C. The nearby Brewster Place Subdivision is zoned R-10 Residential with a density of 3.3 dwelling units per acre. D. The required landscaping and buffering is sufficient to protect the Brewster Place Residents. E. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. F. The subject property is a transitional property between higher intensity commercial uses and the medium density R-10 Brewster Place 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. The site is classified as developed by the New Hanover County Comprehensive Plan and is within the urban growth boundaries. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. Urban services are already in place or scheduled within the immediate future. B. Housing policies in the comprehensive plan state that "The County and City shall continue to support and enhance a broad range of affordable housing programs and increase affordable rental housing. " 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 2nd day of February 2004. 17(1414€41114." Robert G. Greer, Chairman Attest: ���/. • `PQo ■ No P Clerk to the Board Sc P 3, 2 2. �. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a 156 Unit Apartment Complex and 21,600 s.f. Commercial Space in a B-2 Highway Business District S-511, 12/03 The County Commissioners for New Hanover County having held a public hearing on February 2, 2004 to consider application number S-511 submitted by Design Solutions for Ogden Twelve, LLC for a special use permit for a 156 Apartment Complex and 21,600 s.f. of Commercial Space in a B-2 Highway Business District located at 7720 Market Street north of Mercer Marine 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. Proposed access to the site is from Market Street (US 17) . Market Street is classified as an Arterial Road. C. Connection to County water and sewer is proposed. Water and Sewer construction plans will be required. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is zoned B-2 Highway Business. Neighborhood Commercial uses are permitted within the B-2 District. Residential uses are permitted by special use permit in the B-2 District. B. Commercial uses shall be limited to those uses permitted by right in the B-1 Neighborhood Business District. C. Setbacks for the first 500 feet of the project are subject to the Special Highway Overlay District requirements. A site plan meeting the setback and buffer requirements of the ordinance has been submitted. Additional setbacks and buffering may be required if the adjacent rezoning request to the north is not successful. D. There are 156 proposed residential units. The overall commercial square footage proposed is 21, 600 square feet. E. A traffic impact analysis has been submitted and reviewed for the project. F. Stormwater management will be handled through a combination of underground infiltration and a pond. Detailed plans will be reviewed by County Engineering during the Construction Plan phase. G. The swamp forest area on the southeast portion of the property is entirely preserved and a COD setback has been shown on the site plan. H. There are a host of regulated and significant trees onsite. The project is subject to landscaping and tree protection ■ requirements of section 67 of the Zoning Ordinance. I. Signage for the project is subject to the Special Highway Overlay District requirements. 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 buffer strips shown on the site plan meet the minimum requirements of the ordinance, however, stormwater management ponds are not permitted within the buffer area. B. The adjacent property to the north is vacant. The large property to the east is occupied by one dwelling unit. The property to the south is occupied by two different commercial businesses. C. 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 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. The property was rezoned from residential to highway business in 1997. C. Housing policies in the comprehensive plan state that "The County and City shall continue to support and enhance a broad range of affordable housing programs and increase affordable rental housing. " 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. A 20 foot buffer in accordance with the buffering standards of section 67 of the zoning ordinance shall be provided along the southern property line which shall satisfy any potential buffering requirements that could result from redevelopment on the adjacent commercial property to the south. 3. The developer shall make all improvements recommended in the traffic impact analysis. 4. Every effort should be made to preserve regulated trees. Transplanting of smaller onsite trees should be considered to fulfill some of the landscape requirements . 5. County fire services requests the onsite installation of 6 fire hydrants or sureties guaranteeing their installation 6. Access shall be provided through the property to the Foy tract to the north. 7. Building #1 shall meet minimum setback requirements and the site plan shall be modified if the pending rezoning on the Foy property to the North is not successful. Ordered this 2nd day of February 2004. .�f�v • / at Robert G. Greer, Chairman 4? Attest: -*141,10. lifte"Jetd P£L , Clerk to the Board • s COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA - F ORDER GRANTING A SPECIAL USE PERMIT Personal Care Facility S-473, 11/00 RE—AUTHORIZED BY THE BOARD OF COUNTY COMMISSIONERS 2/02/04 The County Commissioners for New Hanover County having held a public hearing on December 4, 2000 to consider application number S-473 submitted by Cindee Wolf for DMWGP LLC,a request for a special use permit for parcel R04410-001-012-000 located at 225 Middle Sound Loop Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health_or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF a g FACT: A. The site is located within the Ogden VFD B. The petitioner is proposing a connection to City water and County sewer C. The site has direct access to Darden Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. With the exception of the eastern portion of the site which is zoned R-20 Residential, the subject property is primarily located in the R-15 Residential zoning district. Personal Care facilities are permitted by special use permit in both the R-15 and the R-20 zoning districts. B. The proposed site plan meets the additional restrictions imposed on Nursing & Personal Care Facilities . C. All other conditions of the ordinance can be met. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Other nursing and personal care facilities are located in residential districts throughout New Hanover County. B. Some of the adjacent properties are vacant. C. No evidence has been presented that indicates that this facility would injure the value of adjoining properties . a 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Classification Plan identifies this area as Resource Protection. Residential densities greater than 2.5 units per acre shall not be permitted. B. The City and County should ensure an adequate supply of, housing for people with special needs, the elderly, and the disabled. C. -The subject parcel is approximately 6. 7 acres. Under performance residential criteria the site .could accommodate approximately 17 units. fi 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use,as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction,then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. Ordered this 4th day of December 2000. ,o;ii1'l4; .4 Vii*�GZ (I) al/ drAt **'.).11. Ted Davis,Jr., Ch rman �' i!Q Attest: ' 7 wwne, r:Ate\• Nom lerk to the Board Re-Ordered this 2nd day of February 2004 Attest: A Al.4/62440"-- miz„ 'bert G. Greer, Chairman ,-1/4.04k) 1)4y24:2F r r, Clerk to the Board 14 GO' IF NOic 1 3 1 3 , /.0 t.4, 3 , I C.�x)N L'i OF NEW HANOVER ' STATE OE' nom CAROLINA � v'D�,�/D /� ORDER GRANTING/DENYING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held a on Monday, August 1, 1983 Lo,cons±der application number 9-211 8/83 submittedrby P].ar�tation Villa e �"�' 9 , Inc �•a request for a special use rmit to use the property - located.ae the northadi of•Porccr's NeC°K ica.; a o,0 `:"°euc_af Jeanellc Moore Blvd.-for a Nursing & Personal Care Facility in �2w 1 Moore evBlvd. and arguments presented OF FACT anc dand rguuents e at O' and having heard all hearing, makes the following FINDINGS 7 1. The County Commissioners FIND as a FACT that all of the specific y requirements set forth in Section 72-9 of the County Zoning Ordinance will be satisfied if the property is developed the County Commissioners. (Specify in accordance with the plans submitted to ' ( pecify which requirements, if any, are not satisfied by the proposed development), q • 2. It is the County C satisfy the frst yissioners CONCLUSION that the proposed use will k general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where r and developed according to the plan as submitted and approved. In support ofpthis conclusion, the Commissioners make the following 9 FINDINGS OF FACT: ( (a) The North Carolina State Division of Health Services has preliminary . approved three well sites for the project. 1 (b) An 80,000 GPD on-site tertiary wastewater treatment system has received tentative approval from the State Division of Environmental Management. 1 (c) •Drainage plan has been reviewed by the Count E of open ditches and the existing Y ngineer which will make use run-off at existing levels. p°� to keep and maintain natural (d) A central alarm system will be installed and connected from every dwellig • unit:to a staffed 24-hour nursing station. a • (e) Existing street capacity can handle the estimated daily traffic increase of 900 vehicles. l ` 3. It is theCounty Commissioners' CONCLUSION that the ro nosed use toes satisfy the second general requirement listed in•the Ordinance; use meets all required conditions and specifications, support of this namely that the conclusion, the Commissioners make the following FINDINGS OF FACT: (a) Nursing ng and Personal Care Facilities are a permitted special use in the R-20 Residential District. (b) The basic minimum r Residential District (Section 52 ofbthe Ordinance) ehsatisfied,�e R-20 (c) Approximately one parking space for employee and visitor.parking pee dwelling unit with additional spaces Off-street parking p n9 are adequate for the elderly population. E Ordinance are satisfiloading requirements of Sections 80 and 81 of the ! 4. It is the County Commissioners' CONCLUSION that the .proposed use does satisfy the third general requirement listed in ) will not substantially injure the value of adjoining Ordinance; namely that ore use the use is' a public necessity. 3 or abutting property, or that 4 make the following Y• In support of this conclusion the Commissioners nq FINDINGS OF FACT: (a) No adjoining or abutting property (b) Additional muds, p` Y owner objects to the proposed facility. nursing/health related facilities and personal care'services are compatible with the existing nursing home facility. (c) All adjoining property is owned by the Champion which is sponsoring the n Village. McDowell Davis Foundation x proposed Plantation Village. 5. It is the County Commissioners' C 4 satisfy the fourth general requirement listed LinIthetordinance; namely that the g proposed use does location and character of the use if developed according to the plan as submitted and approved will be 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: k I (a) The proposed life care c„ugJuJ :should be in :e with the surrounding area and the existing ceLire;i ntaandynur,i g home facility. nursing hone (b) The property is classified [aural on the County's Land Use Plan which encourages. low density residential development not requiring urban services. (c) County Policies for Growth and Development encourage multi-use centers (a).-a ooportunitie:3 for. Lipp .-•ldcrly ,(Policy-1.:;5))- proposed facility will enploy approximately 125 persons and provide needed jobs 'for the cannunity. • 6. Therefore, because the County Canmissioenrs 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 ,3 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 and of no effect. Permit shall become void c) Other: l• All or a specified pecified portion of public road (SR 1499)-Davis t Nusing Bane Road-shall be closed. 2. Connection to the County's sewer facilities shall be made within 180 days upon its availability to the property. 3. An alarm system shall be installed and connected directly to the County's 911 Emergency Control Dispatch System. . t 4. Sprinkler systems and fire exl-i ui,s q,shall be installed in all • hallways, staircases and exit 4 contains 'and each dwelling unit ng cooking facilities shall be equipped with a portble emergency fire extinguisher. u 5. Two fire truck access lines from the surrounds shall i provide* to the pond area as well as the installationeofJdryehydrantsbe i around the perimeter of the 6. Skilled licensed nursing pow to facilitate fire fighting needs. Skilled li and done sing and health care services shall be required as a 9 part of the residential development to ensure the z use of the property as a Nursing 7. Street lights and parking lot ghts shall be installed. llcility. 8. No land disturbing acitvity commence be installed. in order that the North Carolina Ste Divis on of property chives and History shall have an opportunity to survey and test the site to eligibility for the National Register of Historic Places,aetermine its 9. Compliance with all Federal, State and local codes and ordinances. Ordered this 1st day of August , 1983. ,�.•• �rIGVL� Ii/�� L a ..,..COG', CHAIRMAN AND COMMISSIONER • (41'41a(4 ii� .A% i ) le �! a • • i . ADDENDUM S-211 , 8/83 1 . Increase site acreage to 50 acres g (was 41 . 40) 2 . Reduce living units to 235 (was 252) 3 . Reduce site density ty to 4 . 8 (was 6. 09) 4 . Increase site coverage as follows : A. Structures : 223 , 484SF (original 142, 190SF) B. Parking/walks: 302 , 342SF (original 238, 400SF) C. Open Space: 1, 652, 174 (original 1 , 422, 848SF) 5 . Permit enlargement of auditorium at Commons Bulding 6 . Elimination of on-site health center, replace with contractual service arrangement with Davis Health Care Center located next door. 7 . Water system to connect to Cornelius Nixon Davis Nursing - Home with option of on-site community system. Ordered this 1st day of April, 1991 ...,AriL-la*--,...: ,..iref4tfv:),0\ Ar -5111111.--.-*4 V t���g l Fre• Retc in, Chairman Attest: 0,P- "-.-4 Oe...;) 1\2/X7a. .- Clerk to the Board { t E ADDENDUM S-211, 8/93 d 1 . Removal of western driveway connection to Porters Neck Road 2 . The three-story building in Phase II be equipped with fire sprinkler systems per applicable codes 3 . The connection of the project to Jeanelle More Blvd. before any construction begins outside sub-phase B 4 . Provide a temporary service entrance for construction traffic. 5 . Install an additional dry fire hydrant per recommendations of the Ogden VFD Ordered this the seventh day of September, 1993. L(4,.4,,__ Ro ert G. Grer, Chairman Attest: _ AdA i A C erk to the Board iteSr0044 pNoVER C G i.-„,":-.4 . 14 T., ,_, . .,..... ,. -$0.,., ...„..,..4_ar Op� �r�Vr S` { • ADDENDUM S-211, 8/83 1. Eliminate dorm style building. Ij 2.Decrease total density to 232 units. 3.Add additional covered carports for on-site parking. 4.Add 5.5 acres to the total project acreage.. This addendum includes a requirement that the applicant comply with conditions imposed by the local volunteer fire department and the Fire Marshal for fire safety. Ordered this 5th day of August, 1996. Robert G. Greer, Chairman .'3 Attest: 0 ■ l rk to the Board sokOVER 41/ 44‘41r '4441' =VIM e ofrpiorno g L ' II pF } • ADDENDUM } S-211, 02/04 1. Addition of a 5,000 s.£ maintenance building/accessory structure, with associated employee parking, vehicle staging area, and outdoor material storage area as shown on revised site plan. Ordered this �,t'. of April 2004. it ,.. . .., 4 * A:-:L..::•!'-'-'' ii,.., •, . h .... .....______..;.:..... . . -404,1...:. ...... • Robert G. Greer, Chairman Attest: ' '\'\;,\IL, \.... t\NA' Clerk to the Board i , E 3 f , <u J 3. 23,E COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Hardware Store& Limited Future Uses in a Conditional Use Neighborhood Business CD(B-1)Zoning District Z-775,03/04 The County Commissioners for New Hanover County having held a public hearing on April 5, 2004 to consider application number Z-775 submitted by Design Solutions for Scott's Hill Hardware& Supply for a special Hardware Store and Limited Future Uses in a CD(B-1)Conditional Use Neighborhood Business District located at 8712 Market Street North of Futch Creek 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. Proposed access to the site is from Market Street. Market Street is classified as an Arterial Road. C. The site is served by private well and septic. 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 hardware store is permitted within the B-i District. Other uses listed on the site plan are also 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 and reviewed. C. Inter-connectivity with the adjacent commercial district to the north is shown on the site plan. D. The proposed Hardware Store contains 12, 800 s .f. with 32 associated parking spaces. E. The proposed site plan accommodates the Setbacks and Signage in accordance with 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 subject property is in close proximity to a developing intersection which will likely have a significant volume of traffic after the By-Pass is completed. B. The subject property is adjacent to an existing B-1 Neighborhood Business District C. Landscaping and buffering can be accommodated to protect adjoining residential properties. 1 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 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. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. B. Clearing for the construction of (I-140) 17 By-Pass has begun. 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: I. All other applicable federal, state and local laws. 2. The Architecture of the proposed building shall be a low country style architecture as described by the applicant with a single story structure having a porch, and a hip or gable roof. Ordered this 5th day of April 2004. /1J 124114`' 1 * Robert G. Greer, Chairman Attest: •/1 _ -' & Clerk to the Board } pg- 3. 13, 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER RESCINDING DENIAL OF SPECIAL USE PERMIT AND GRANTING SPECIAL USE PERMIT S-387, 04/04 A Convenience Store/Tea Shop In An R-15 Residential District This matter comes before the Board of Commissioners upon remand from New Hanover County Superior Court, stemming from an appeal by the applicant from the decision of the Board of Commissioners to deny the request for a special use permit, said decision rendered December 2, 2002. Based upon the Board's hearing on this matter,and per the Order of Senior Resident Superior Court Judge Ernest Fullwood,the Board renders the following FINDINGS OF FACT and draws the following CONCLUSIONS: FINDINGS { 1. The board finds 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. A. The subject property is located within the Myrtle Grove VFD. B. The site is served by individual well and septic. All restroom, kitchen and eating facilities will have to meet minimum health codes. C. Access to the site is from Myrtle Grove Road. D. There has been a special use permit in place for a Pet Grooming Facility at this location since 1996. 2. The Board finds that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an R-15 Residential Zoning District. Convenience food stores are permitted by Special Use Permit within the R-15 Residential Zoning District. B. Required conditions of the zoning ordinance can be met. C. No new structures are proposed. D. No fuel sales or auto repair type services are permitted. The proposed convenience store use is to sell specialty breads, crackers, cookies, coffee,tea and some associated accessory items. 3. The Board finds that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. Historically the site has been used for non-residential purposes including small engine repair and most recently as a pet grooming facility. 4. The Board finds 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 i I located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies the site as resource protection. 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. No Structural expansions are proposed. 5. Therefore, the County Commissioners, based upon their hearing on this matter, and in light of the Order from Superior Court, conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,and IT IS ORDERED that the previous denial by the Board of the application for the issuance of a SPECIAL USE PERMIT IS HEREBY RESCINDED, AND THE APPLICATION IS HEREBY GRANTED, subject to the following conditions: A. That the applicant 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: A. The proposed convenience store shall only be used to sell specialty type food items and accessories and shall not be converted into a standard Convenience store. B. This permit shall replace the previous permit of April 1, 1996 allowing for a pet grooming facility,and with the granting of this permit the former shall be deemed null and void. Ord- theS�„ day of 1\ \ , 20 i'\ fidaseL Robert G. Greer, Chairman Attest: '&1,-4\L. L. c,\\„\\ { Clerk to the Board 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Light Industrial Office Park in a Conditional Use Light Industrial CD(I-1)Zoning District Z-774,03/04 The County Commissioners for New Hanover County having held a public hearing on April 5,2004 to consider application number Z-774 submitted by J.F.Larsen for Oliver Godwin for a Light Industrial Office Park Limited to a suitable list of uses in a CD(I-1)Conditional Use Light Industrial District located at 6620 Gordon Road adjacent to and east of Gresham Place Apartments and across from Farrington Farms Subdivision and having heard all of the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Ogden VFD. B. Proposed access to the site is from Gordon Road. Gordon Road is classified by the New Hanover County Thoroughfare Classification Plan as a Collector Road. C. The site will be served by County 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. The applicant has eliminated 14 uses that are otherwise permitted in the general I-1 Light Industrial District . B. A site plan meeting the setback and buffer requirements of the ordinance has been submitted and reviewed. C. Inter-connectivity with the adjacent I-1 Light Industrial district to the east is shown on the site plan. D. The site plan shows flex space buildings totaling 40, 800 s.f. and 87 associated parking spaces . E. Although actual landscape plans are not shown on the plan, there is sufficient area shown to accommodate landscaping and buffering. 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. Zoning on the adjacent parcels to the south and to the east is I-1 Light Industrial. B. Zoning on the adjacent parcel to the west is R-15 Residential and is occupied by a 51 unit Nursing and Personal Care Facility which 1 operates under a special use permit and is commonly known as Gresham Place Apartments. There is an existing landscaped buffer along the common property line with the subject property. C. Additional buffering will be required on the subject property and can be accommodated. 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. 1 In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is classified Developed by the New Hanover County [ Comprehensive Plan. The purpose of the Developed class is to provide for continued intensive development and redevelopment in existing urban areas. These areas are already developed at a density approaching 1, 500 units per square mile. 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 t 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 I 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 permitted within the Conditional Use District shall be limited to those listed on the signed approved plan. Ordered this 3rd day of May 2004. A ': -*".,-: ':.., ,,,,,_' ., _ kt,',:t. :, , it //6eliiiik, ''..% ,1-e,:,517 Robert G. Greer, Chairman '' t Attest: qQt ' \1/4iL., -' 6et".\k Clerk to the Board s�tP 3 . z'I-. 2_ Addendum to Special Use Order In a Conditional Use Zoning District Office and Institutional Uses Case Z-635,04/04 The County Commissioners for New Hanover County having held public hearing on May 3,2004 to consider application number Z-635 04/04, submitted by Design Solutions for William Alexander, a request to modify a special use permit in a conditional use zoning district to use the property located on Market Street and having heard all of the evidence and arguments presented at the hearing,make the following amendments and conditions to the special use order: 1. The revised site plan allows 22,360 s.f of building area and 59,566 s.f of impervious area. 2. Buildings supplemental to the proposed veterinary office will not be used for convenience food stores, drug stores, day care,or electric/gas and sanitary services. 3. The gable roof on the proposed veterinary office building shall also be included on the side of the building facing Alexander Road, and all service utilities for these buildings must be shielded from view. 4. The proposed veterinary office shall have no outdoor runs. 5. The buildings along Alexander Road should be perpendicular to Market Street,and the parking at the ends of the buildings should not extend beyond the building setback. 6. All other applicable federal, state and local laws. Adopted the 3`d day of May 2004. <-rs ' ited/13 2314 —* Robert G. Greer,Chairman Attest: Clerk to the Board .5 P 3 . 2S. / COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Duplex in an R-10 Residential District S-516, 05/04 The County Commissioners for New Hanover County having held a public hearing on June 7,2004 to consider application number S-516 submitted by David Welch for Kiyoko Russ for a special use permit for a Duplex in an R-10 Residential District located at 4913 Redheart 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 access to Red Heart Drive which is a public right- ) of-way. C. The site is served by City Water and County Sewer. D. The proposed duplex is a garage apartment attached to the main structure of 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. The subject parcel is within the R-10 Residential Zoning District and is approximately 24, 000 s.f. B. Duplexes are permitted by special use permit in the R-10 Residential District provided the lot is a minimum of 15, 000 s.f. C. The applicant has applied for all of the applicable County building permits. 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. Duplexes are permitted by special use permit in the R-10 district. B. Many homes in the area have garages and car ports. The applicant is constructing an attached garage with an apartment, which by definition is considered a duplex. C. No evidence has been presented to indicate that the proposed use will injure property values . 3 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. B. Housing policies in the comprehensive plan state that "The County and City shall continue to support and enhance a broad } range of affordable housing programs and increase affordable rental housing. " 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 ORDEREDthat 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. A Ordered this 7th day of June 2004. 41%4164Z341"' k [F Robert G. Greer, Chairman Attest: Ety„ Deputy Clerk to the Board SAP 3 . a_5. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT P For a Child Daycare Facility for 12 Children in an R-10 Residential District S-517, 05/04 The County Commissioners for New Hanover County having held a public hearing on June 7,2004 to consider application number S-517 submitted by Vicki Broussard for a special use permit for a Child Daycare Facility in an R-10 Residential District located at 602 Shawnee Trail 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 Shawnee Trail which is a public right- of-way. C. The site is served by City Water and County Sewer. D. The proposed use will occur in an existing home that is currently used as an in-home daycare for less than 5 children. 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. 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 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. 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: 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 7th day of June 2004. /2441(6/ - ..rRobert G. Greer, Chairman Attest: rif V • P Deputy Clerk to the Board I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Wireless Equipment Compound Associated with the Collocation of a Cellular and PCS Antenna in a B-1 Zoning District S-518, 05/04 The County Commissioners for New Hanover County having held a public hearing on June 7,2004 to consider application number S-518 submitted by Alltel Communications for a special use permit fg for a Wireless Equipment Compound in a B-1 Neighborhood Business District located at 4126 South s College Road and having heard all of the evidence and arguments presented at the hearing,make the t 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 1 accordance with the plans 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 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 South College Road, which is i classified as an Arterial Road. C. The proposed 15'X17' equipment compound will service cellular y and PCS antennas which will be located on a nearby CP&L Power Pole. D. Dependable wireless service coverage is important during emergency situations. 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 R and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is zoned B-1 Neighborhood Business. B. Communication facilities including towers are permitted by x Special Use Permit within B-1Zoning Districts. C. A fence and landscaping are proposed to shield the proposed ' equipment compound from view. D. All 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. 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. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. B. Collocation of Cellular and PCS antennas on the power poles is preferable to the "proliferation of telecommunication towers. " 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 7th day of June 2004. :/ �' �. Robert G. Greer, Chairman Attest: !f } f N01 {[( 1 6 Deputy Clerk to the Board _ 8 4 _ g .sui°- 3. 26. /. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Child Daycare Facility for 9 Children in an R-15 Residential District S-519,06/04 The County Commissioners for New Hanover County having held a public hearing on July 12,2004 to consider application number S-519 submitted by Grace Patterson for a special use permit for a Child Daycare Facility in an R-15 Residential District located at 111 Cannon 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. The site has access to Cannon Road which is a public right-of- way. C. The site is served by City Water and County Sewer. { D. The proposed use will occur in an existing home that is currently used as an in-home daycare for less than 5 children. 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. Parking for 1 employee and 4 off street spaces is proposed adjacent to the driveway. B. Area has been provided to accommodate drop off and turn around in a manner to provide access without backing onto the public right of way. C. There is an existing fenced play area. 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, however the applicant may need to convert a portion of the existing Garage to accommodate the proposed number of children. 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 1 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 ficlass is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. 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: 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: a 1. All other applicable federal, state and local laws. 2. The number of children shall not exceed nine (9) 3. Drop-off & Pick-up times shall be staggered so that there are a maximum of two drop-offs or pick-ups in 10 minute intervals. t i Ordere``��„j• ',r day of July 2004. 41r1 Robert G. Greer, Chairman Attest: 11\k,1,41- Clerk to the Board 33 E 4 COUNTY OF NEW HANOVER i STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT i S-515,08/04 Indoor Outdoor Recreation Establishment And Child Daycare Facility in an R-20 Residential District I The County Commissioners for New Hanover County having held a public hearing on Monday August 2, 2004 to consider application number S-515 submitted by Inland Harbour I Properties LLC, a request for a special use permit to permit an Indoor Outdoor Recreation Establishment and Child Daycare Facility in an R-20 Residential district located at 3102 Middle Sound Loop Road and having heard all of the evidence and arguments presented at the hearing, # make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1 s t 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. { i 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the k fourth general requirement listed in the Ordinance; namely that the location and character of the 1 } 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 p` Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS I OF FACT: II I y A. The combination of the two essential commercial uses in such close proximity to several residential subdivisions is not harmonious placement. B. There appears to be at least some evidence of safety concerns regarding the traffic from the pool facility in the same area as parents dropping off preschool children ' h 3. Therefore, because the County Commissioners conclude that all of the general and specific r 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 August 2004. r ; #tiVIA A414-- Robert G. Greer, Chairman 1. Attest: 4Cler to the Board ,.' ,..--.:..s/ , 3 3 3 3, 2,r7, c/ 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-10 Residential District S-520,07/04 The County Commissioners for New Hanover County having held a public hearing on August 2, 2004 to consider application number S-520 submitted by Karen McIntyre for a special use permit for a Child Daycare Facility in an R-10 Residential District located at 4530 Noland 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 Winter Park VFD. B. The site has access to Noland Drive which is a public right-of- , way. C. The site is served by County Water and private Sewer/Septic. D. The proposed use will occur in an existing home that is currently used as an in-home daycare for 5 children or less. 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. Child Daycare is permitted by special use permit in the R-10 District. The subject parcel is approximately 12, 000 s. f. and is zoned R-10 . B. There is sufficient space to accommodate ingress, egress, and parking in a manner to provide access without backing onto the public right of way. C. There is an existing fenced play area. D. No outside signs 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 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. C. Child Daycare facilities are operated in numerous homes throughout the County. Some Child Daycare Facilities have been approved in close proximity within Churchill Estates. 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. 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: 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 number of children shall not exceed ten (10) Ordered this 2nd day of August 2004. ,, /46A SA' ' I 1,4;'' Robert G. Greer, Chairman 1. Attest: �,I �, ' \■;r4\c.. Clerk to the Board ADDENDUM S-511, 07/04 The County Commissioners for New Hanover County having held a public hearing on Monday August 2, 2004 to consider revisions to application number S-511 submitted by Andrew & Kuske Consulting Engineers, Inc. for Ogden Twelve, LLC to amend the site plan and FINDINGS OF FACT for a special use permit for 156 Apartment Complex and 21,600 s.f. of Commercial Space in a B-2 Highway Business District located at 7720 Market Street north of Mercer Marine approved February 2, 2004, and having heard all of the evidence and arguments presented at the hearing, make the following AMENDMENTS and CONDITIONS to said Special Use Permit: 1. Amend Finding "F" from the second general requirement to "Stormwater management will be handled through a combination of above ground infiltration and a pond. Detailed plans have been reviewed by County Engineering and NC DENR." 2. Amend Finding "G" from the second general requirement to "There is Swamp Forest are on the southeast portion of the property and a COD setback is shown on the site plan." 3. Amend Finding "A" from the third general requirement to "The buffer strips shown on the site plan meet the minimum requirements of the ordinance." 4. Approval of the application for revision is based on the following 4 conditions in addition to the original conditions adopted February 2, 2004. A) Wetlands vegetation and landscaping shall be planted in infiltration ponds 1&2 to facilitate bioretention, B) Interpretive signage describing the stormwater system shall be provided onsite for public education purposes, C) Vegetated filter strips shall be provided at pond outlets, D) Wetland plantings shall be incorporated into pond 3 to establish a constructed wetland. Ordered this 2°d day of August 2004. ,e4 ;„4 Robert G. Greer, Chairman Attest: ui ° A\sk\.k ON■IK Clerk to the Board 1 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a 156 Unit Apartment Complex and 21,600 s.f. Commercial Space in a B-2 Highway Business District S-511, 12/03 The County Commissioners for New Hanover County having held a public hearing on February 2, 2004 to consider application number S-511 submitted by Design Solutions for Ogden Twelve, LLC for a special use permit for a 156 Apartment Complex and 21,600 s.f. of Commercial Space in a B-2 Highway Business District located at 7720 Market Street north of Mercer Marine 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. Proposed access to the site is from Market Street (US 17) . Market Street is classified as an Arterial Road. C. Connection to County water and sewer is proposed. Water and Sewer construction plans will be required. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is zoned B-2 Highway Business. Neighborhood Commercial uses are permitted within the B-2 District . Residential uses are permitted by special use permit in the B-2 District. B. Commercial uses shall be limited to those uses permitted by right in the B-1 Neighborhood Business District. C. Setbacks for the first 500 feet of the project are subject to the Special Highway Overlay District requirements . A site plan meeting the setback and buffer requirements of the ordinance has been submitted. Additional setbacks and buffering may be required if the adjacent rezoning request to the north is not successful . D. There are 156 proposed residential units . The overall commercial square footage proposed is 21, 600 square feet. E. A traffic impact analysis has been submitted and reviewed for the project . F. Stormwater management will be handled through a combination of underground infiltration and a pond. Detailed plans will be t I reviewed by County Engineering during the Construction Plan phase. G. The swamp forest area on the southeast portion of the property is entirely preserved and a COD setback has been shown on the site plan. H. There are a host of regulated and significant trees onsite. The project is subject to landscaping and tree protection requirements of section 67 of the Zoning Ordinance. I. Signage for the project is subject to the Special Highway Overlay District requirements. 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: f ' A. The buffer strips shown on the site plan meet the minimum requirements of the ordinance, however, stormwater management ponds are not permitted within the buffer area. B. The adjacent property to the north is vacant. The large property to the east is occupied by one dwelling unit . The property to the south is occupied by two different commercial businesses. C. 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 rt 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. The property was rezoned from residential to highway business in 1997 . C. Housing policies in the comprehensive plan state that "The County and City shall continue to support and enhance a broad range of affordable housing programs and increase affordable rental housing. " 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 . 1 j C. Other: 1. All other applicable federal, state and local laws. 2. A 20 foot buffer in accordance with the buffering standards of section 67 of the zoning ordinance shall be provided along the southern property line which shall satisfy any } potential buffering requirements that could result from redevelopment on the adjacent commercial property to the south. 3. The developer shall make all improvements recommended in the traffic impact analysis. 3 4. Every effort should be made to preserve regulated trees. Transplanting of smaller onsite trees should be considered 4 to fulfill some of the landscape requirements. 5. County fire services requests the onsite installation of 6 fire hydrants or sureties guaranteeing their installation 6. Access shall be provided through the property to the Foy tract to the north. 7. Building #1 shall meet minimum setback requirements and the site plan shall be modified if the pending rezoning on the Foy property to the North is not successful . 'g {I Ordered this 2nd day of February 2004. '%1111� ■" ,, Robert G. Greer, Chairman Attest NO Clerk to the Board 3 I 1 • j COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA i ORDER DENYING A SPECIAL USE PERMIT S-521, 07/04 Indoor Outdoor Recreation Establishment in an R-20 Residential District The County Commissioners for New Hanover County having held a public hearing on Tuesday, September 7, 2004 to consider application number S-521 submitted by Brian C. &Pamela B. Donnalley, a request for a special use permit to operate an Indoor Outdoor Recreation Establishment in an R-20 Residential district located at 7325 Darden 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 m 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. Based upon the evidence shown the use would not be in harmony with the area in which it was to be located. i 1 3. Therefore, because the County Commissioners conclude that all of the general and specific 3 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: t 1. Ordered this 7th day of September 2004. -ld.A_e:_4z6- 34 Robert G. Greer, Chairman Attest: �fi � M %\_Ag, \-- Af.■k\\- f e Clerk to the Board 3 f fgg i SUPS COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Duplex in an R-10 Residential District S-523, 09/04 The County Commissioners for New Hanover County having held a public hearing on October 4, 2004 to consider application number S-523 submitted by James Baker and Patricia Russell for a special use permit for a Duplex in an R-10 Residential District located at 4910 Wilderness 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 access to Wilderness Road which is a public right- of-way. C. The site is served by City Water and County Sewer. D. The proposed duplex is an addition to the rear of the existing 1 home and attached to the main structure by a breezeway. 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 within the R-10 Residential Zoning District and is approximately 19, 000 s. f. B. The proposed project meets all required setbacks. 3 C. Duplexes are permitted by special use permit in the R-10 Residential District provided the lot is a minimum of 15, 000 s.f. 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 3 A. The subject property is located in an R-10 residential district. Duplexes are permitted by special use permit in the R-10 district . B. No evidence has been presented to indicate that the proposed use will injure 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: p . b 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. B. Housing policies in the comprehensive plan state that "The County and City shall continue to support and enhance a broad range of affordable housing programs and increase affordable rental housing. " 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. Ordered this 4th day of October 2004. ` + et J /, s , Y "." Robert G. Greer, Chairman Attest: "'''` C� AN. Clerk to the Board { COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For an Ambulatory Surgery Clinic in a CD(O&I)Conditional Use Office and Institutional Zoning District Z-785,09/04 The County Commissioners for New Hanover County having held a public hearing on October 4,2004 to consider application number Z-785 submitted by Michael Nadeau for SENCA Properties,LLC for an Ambulatory Surgery Clinic in a CD(O&I)Conditional Use Office and Institutional District located in the 9000 block of Market Street on the east side between Creekwood Road and the New Hanover-Pender County Line 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. The site has access to Market Street (US 17) which is classified as an Arterial Road by the New Hanover County Thoroughfare a Classification Plan. C. County Water and Sewer is proposed. D. The proposed project includes an approximately 17,400 s.f. building with 165 parking spaces on 3 .36 acres. 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. Hospitals are permitted in the O&I zoning district. B. A site plan which can meet all of the conditions of the zoning ordinance has been submitted. C. Minimum setbacks and buffers from residential districts and right of ways are shown on the plan, however these requirements may change with future phases of the envisioned medical office complex. D. The addition of future phases of this project may trigger the traffic study requirement. 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 zoning for the subject property is Conditional Use O&I B. Hospitals are permitted in the O&I district. C. No other medical facilities of this type are available nearby. D. The subject parcel is part of a larger parcel. The surrounding property is vacant and zoned R-15 residential. E. No evidence has been presented to indicate that the proposed use will injure property values. 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 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. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. . . 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 applicant shall not receive any land disturbance permits for the subject project unless an acceptable master plan for the remainder of the Sidbury properties is approved by the Board of Commissioners. 3. Intersection designs shall be consistent with any access management plan for the 17 corridor which may include the relocation or elimination of driveways. } Ordered this 4th day of October 2004. A Or4'4,,#Ii:iy ' S k qc r6.r. ,* Robert G. Greer, Chairman Attest: 411 -I='%."- ',' ' \\11, 4_, \.... LA Cler to the Board 3 i P 3 . 30. ADDENDUM To Special Use Order for Case: S-452, 01/00 S-452, 10/04 Expansion x 1. Add two new soccer fields on the northern portion of the site, picnic/play area, stormwater management, skills area, associated parking,and restroom facilities as shown on site plan. 2. Add lighting to existing field "A" and extend light poles to 45' tall for both existing fields "A"and"B"as shown on site plan 3.Add lighting in the parking area with the condition that the lighting in the parking area shall be low level ground type lights. 4.Lighting shall be turned off by 8:30pm. p 4 5. All conditions from the original special use permit not modified by this addendum shall remain in effect. ti { Ordered ti' : ' day • November 2004. v;. \ ' , 4: Robert G. Greer, Chairman liAkt Attest: Clerk to the Board E 1 t� I a i 2 i �a I A i 7 t P3 30 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT S-452 Membership Sports & Recreation Club (6101 Murrayville Road) The County Commissioners for New Hanover County having held a public hearing on March 13, 2000 to consider application number S-452 submitted by Mr. Stan Bullock& Mr. Chip Hicks, a request for a special use permit to use the property located at 6101 Murrayville Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is served by individual well and septic. B. The site is located in the Wrightsboro VFD. C. Access to and from the site is proposed on Five Acre Road, which is a residential road and is not classified,as an arterial road by the New Hanover County Thoroughfare Classification Plan. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is zoned R-15.A Membership Sports&Recreation Club is permitted by special use permit in all residential zones, subject to the dimensional requirements of the district. B. A site plan has been submitted which meets all of the requirements of the zoning ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The surrounding land use is residential and the surrounding zoning is R-15. r B. The primary access to the site is through a residential neighborhood. C. Parking for the site is directly adjacent to the residential neighborhood but appears to be adequately screened. _ I s P3. 30. 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: 1 A. The applicant has begun some clearing for the parking area and field improvements have been completed. B. The fields are substantially screened from nearby residents. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. Provide a 25' buffer along the parking area and along field"A"where the adjacent property owners request buffering. B. Buffer should be planted to the satisfaction of the adjacent residents but does not have to exceed 3 rows of vegetation as described in the New Hanover County Zoning Ordinance. C. Directional lighting only permitted for field `B." Lighting must go off by 7:00 p.m. D. No spectator bleachers, PA system or street parking permitted. Ordered this 13th day of March 2000. OVERCO Gy + ..1144. * ill.t/x.��-... C.: -•�-Ott.-.� William A. Caster, Chairman �, Qz { Attest: OF NO10 .L tam' • LL/ rk to the Board suP 3 , 3(D k " COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Mini-Warehouses in a CD(B-2) Conditional Use Highway Business District Z-786, 10/04 N � The County Commissioners for New Hanover County having held a public hearing on November 8, 2004 to consider application number Z-786 submitted by Jeffrey Keeter for Martin Self Storage to permit a Mini-Warehouse Project in a Conditional Use Highway Business District located in the 9100 Block of Market Street on the West side 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 a accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in the Ogden Fire District. B. The site is served by well & Septic. C. The site has access to Market Street north of the I-140 Interchange. 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 1 OF FACT: A. A site plan which meets the requirements of the ordinance has been submitted and Reviewed. B. The site plan has been shown on an aerial photograph and the applicant intends to preserve significant trees. C. Based on the information provided a traffic impact analysis is not required for the project. D. 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 subject property is located in an R-10 residential district. Duplexes are permitted by special use permit in the R-10 district. B. No evidence has been presented to indicate that the proposed use will injure 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 majority of the surrounding parcels are acreage parcels. B. The nearest home is on the property adjacent and north of the subject property. There are no other residential structures directly adjacent to the subject property. C. There is an existing Cemetery adjacent and south of the subject property. The petitioner has submitted a report from an archeologist that no evidence of graves was found within a 30' buffer zone along the abutting property line. D. No evidence has been presented to date that this facility will decrease the value of adjoining 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. The 1999 Land Classification Plan identifies this area as Rural. The purpose of the Rural class is to provide for areas of low intensity land uses, such as agriculture, forest management, mineral extraction, and other traditional agrarian uses. This classification discourages the premature conversion of these lands into urban-type uses and the subsequent loss of resource production. B. Currently there is one house on the property. C. The I-140 interchange is actively under construction in front of the property and further south. A. Other: 1. All other applicable federal, state and local laws. k4 Ordere• .' 'th day of November 2004. it '7 Robert G.Greer, Chairman • Attest: \ Clerk to the Board 4 ; S P3. 31 . { COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate Aviation Safety Equipment in an R-15 Residential Zoning District S-524, 11/04 The County Commissioners for New Hanover County having held a public hearing on December 6,2004 to consider application number S-524 submitted by The New Hanover County Airport Authority to locate aviation safety equipment in a R-15 Residential Zoning District located in the 7800 block of Sidbury Road and having heard all of the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in the Ogden Fire District. B. The site is served by private well and septic. C. The site has access to Sidbury Road which 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 showing a fenced area approximately 350'X230, with an 6'X8' shelter, a short antenna and overhead wires approximately 50' above finished grade. B. The project will have no affect on automobile traffic C. No Signage is proposed. 4 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 equipment is necessary for aviation safety at the airport. B. The location cannot be seen from the public right of way. C. Adequate landscaping can be provided along the security fence to mask the shelter and antenna. D. No evidence has been presented that this facility will decrease the value of adjoining property. 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: k A. The 1999 Land Classification Plan identifies this area as Rural. The purpose of the Rural class is to provide for areas of low intensity land uses, such as agriculture, forest management, F mineral extraction, and other traditional agrarian uses. This ' classification discourages the premature conversion of these lands into urban-type uses and the subsequent loss of resource production. B. The property is currently forested and not used for traditional agrarian uses. F 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 F' the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: t 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. 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 t permit shall become void and of no effect. g x C. Other: 1. All other applicable federal, state and local laws. F Ordered this 6th day of December 2004. ,. 1 L.. i ` ''= ,.. Robert G. Greer, Chairman Nr,4.11,tiL 1 k \\*11\8■V, A\L\,\ . Clerk to the Board ' { { S 3 1