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Special Use Permits 2005 S/< (;44 2, J /, COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT S-515, 08/04 Indoor Outdoor Recreation Establishment And Child Daycare Facility in an R-20 Residential District The applicant for this special use permit is Inland Harbour Properties, LLC, and the request is for an indoor/outdoor recreation establishment and children's day care at 3102 Middle Sound Loop Road. Based upon the Board of County Commissioners' hearing and decision rendered August 2, 2004, on this matter, and per the Order of Resident Superior Court Judge Jay D. Hockenbury, dated and filed December 22, 2004, the Board hereby grants the applicant's special use permit. In doing so, the Board makes the following FINDINGS OF FACT and renders the following CONCLUSIONS: 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 Ogden VFD. B. The site is served by a city water system and County Sewer. C. Stormwater management can be accommodated within the Stormwater management system for Demarest Village. 2. The Board finds that the use meets all required conditions and specifications of the zoning ordinance. A. A site plan which meets the requirements of the zoning ordinance has been submitted. B. Adequate landscaping and buffering can be accommodated to protect adjoining residential uses from lights and noise. C. The project meets all setback and access requirements. D. The site has frontage on Middle Sound Loop Road(SR 1043),which is designated as a collector road on the New Hanover County Thoroughfare Classification Plan.Access to the site is from Harlendale Drive(SR 1979)and from Whisper Park Drive(private R/W). E. Adequate parking is provided to accommodate the proposed uses. Drop-off and turnaround access is provided for the Daycare Facility. F. A fenced play area will be provided on the north side of the buildings designated for the daycare. G. The Daycare shall be constructed and operated in accordance with the General Statutes of the State of North Carolina and any other applicable Federal, State or local codes. 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. To date no information has been presented that the proposed Recreation Facility and Child Daycare Center will injure the value of adjoining or abutting property. B. The proposed Indoor/Outdoor Recreation Facility will provide residents of Middle Sound a recreational option that is otherwise not available nearby. C. Daycare Centers are operated in neighborhoods and residential lots throughout the County.Other Daycare Centers are operated in Middle Sound. Zk 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 located and in general conformity with the plan of development for New Hanover County. A. The proposed development style is consistent with other upscale neighborhoods within Middle Sound. B. 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. Within the urban services boundary,residential densities greater than 2.5 units per acre may be considered for exceptionally designed projects. 5. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE 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. Other: 1. All other applicable federal, state and local laws. 2. Hours of operation shall be restricted to the period from 6:00AM to 10:00PM. 3. Lighting for the project shall be directed inward to the project and downward as illustrated on the application materials. 4. There shall be no sale of alcohol. 5. Any swim meets at the pool shall be limited to intra-club competition or a maximum of two teams per day. Ordered this 2 day of February 2005. Nt1 i _.-- Robert G. Greer, Chairman ti!.. Attest: ��;u,t� Clerk to t e Board Step -2, 31, 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT In a Conditional Use Neighborhood Business District CD(B-1) ADDENDUM to Special Use Order for Case Z-521 Originally Granted 1/3/95 for sales & service of Gas Grills The County Commissioners for New Hanover County having held a public hearing on March 14, 2005 to consider application number Z-521, 12/94, 01/05 submitted by Tim Turner to expand the site plan for an existing CD(B-1)Conditional Use Neighborhood Business District located at 115 Cathay Road and also having frontage on Carolina Beach Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in the Myrtle Grove VFD. B. County Water & County Sewer are available nearby. C. The District has frontage on Carolina Beach Road and Cathay Road. D. The proposed expansion will utilize access from Cathay Road 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. A site plan pursuant to the requirements set forth for conditional zoning has been submitted B. The applicant has received a variance from the setback requirements adjacent to the Convenience food store property. C. All of the uses shown on the list of "Desired Uses, " are permitted within the B-1 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 property directly abutting the subject property and the property across Cathay road are used for Gas Stations. B. Buffering is proposed to limit impact on nearby lots in Monterey Heights. 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: { is L(- 3 . 3 /. 3 A. The property is within the Limited transition land classification. The purpose of the Limited Transition class is to provide for development in areas that will have some services but at lower density than those associated with Urban Transition. B. Public utilities are available 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: fi 1. All other applicable federal, state and local laws. 2. No outside storage is permitted 3. Buffering and landscaping shall be reestablished to comply with current regulations 4. Uses will need to be limited to the available parking Ordered this 14th day of March 2005. 110 � NP:4 ; Robert G. Greer, Chairman 14 •, .44 ti Attest: %\ki;\cA.1% \,,j Clerk to the Board 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For an 82 Unit High Density Development in an R-15 Residential District S-525,01/05 The County Commissioners for New Hanover County having held a public hearing on March 14,2005 to consider application number S-525 submitted by Withers and Ravenel for a special use permit for an 82 Unit High Density Residential District located at 4702 South College Road between the Vineyard Church and Still Meadow Village Apartments and having heard all of the evidence and arguments presented at 5 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 Myrtle Grove VFD. B. city water & County Sewer are available nearby. C. The site has direct access to South College Road which is classified by the 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: 1 A. A site plan that meets the requirements of the Zoning Ordinance has been submitted. B. No trees meeting the definition of significant trees exist on the site. C. A tree inventory has been conducted and is shown on the site plan. D. Prior to any development, detailed landscape and development plans in accordance with the applicable sections of the ordinance will be submitted. E. The primary entrance to the property is through an existing commercial driveway that aligns with a median crossover. The proposed entrance will be upgraded. F. According to the zoning ordinance a maximum density for the subject site is 102 units. The subject site plan proposes 82 units. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is zoned R-15 Residential. B. High Density Development is permitted by special use permit in the R-15 District. C. The proposed project is adjacent to an existing High Density Development and an existing Church. 3 4 V 1 D. Other High Density projects exist to the north and south along the South College Road Corridor. E. Adequate landscaping can be accommodated on site. F. No evidence has been presented that this project will decrease the value of adjoining property. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Classification Plan identifies this area as Developed. The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. 1 These areas are already developed at a density approaching 1, 500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Most of the land within the City of Wilmington is designated as developed, except for some Urban Transition and Conservation areas. Density may exceed 2 .5 units per acre within the developed class, depending upon local zoning regulations. 4 3 B. Adjacent lands are already developed with high density residential. 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 1 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 14th day of March 2005. Robert G.G. Greer, Chairman Attest: lq‘ak .%t\LAt.k. Clerk to the Board ..5 P 3. 32.. 1' COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Convenience Food Store in an AR Airport Residential District S-526,02/05 The County Commissioners for New Hanover County having held a public hearing on April 4, 2005 to consider application number S-526 submitted by Mihaly-Cirello for Charles Joyce a for a Special Use Permit to locate a Convenience Food Store in an AR Airport Residential District located in the northern corner of the Intersection of North Kerr Avenue and Gordon 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 gereral requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in the Wrightsboro VFD. B. The site is served by private well and County sewer. C. The site has direct access to Gordon Road and North Kerr Avenue i which are both classified by the Thoroughfare Classification Plan as a Collector Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. A site plan that meets the requirements of the Zoning Ordinance has been submitted. B. Field observation indicates that there are trees on the site which meet the definition of significant trees and will likely be impacted by the proposed project. C. Prior to any development, a tree inventory, detailed landscape and development plans in accordance with the applicable sections of the ordinance will be submitted. D. There are two proposed entrances to the property through existing residential driveway locations. The proposed entrances will be upgraded per any NCDOT requirements. 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value 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 AR Airport Residential . 1 B. Convenience food stores with gasoline sales are permitted by special use permit within the AR District. C. The subject property is approximately 1.3 acres. The AR district is limited to one dwelling unit per acre. D. Traffic counts performed in 2003 by the Metropolitan Planning jk S Organization at this location indicate that there are approximately 13, 715 average daily trips on North Kerr and 6, 199 average daily trips on Gordon Road. E. There are a variety of single family houses and mobile homes in the area and landscape buffering will be provided to protect the adjacent residents from any negative effects of the project. F. The current property owner lives directly across from the subject property. G. No evidence has been presented that this project will decrease the value of adjoining property. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Classification Plan identifies this area as Urban Transition. The purpose of the Urban Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. B. Neighborhood convenience stores are allowed by special use permit in residential areas. 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 hours of operation shall be limited to 5 :30am to 11:30pm. 3. Lighting for the site shall be directed downward and shall be contained on the site. 4. No gasoline sales are permitted at this time. Ordered this 4th day of April 2005. 4-171),N, 4C:A ' William A. Caster, Vice-Chairman Attest: Clerk to the Board 5 Lk.P tl`3.3 2. 20 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Duplex in an R-10 Residential District S-527,03/05 The County Commissioners for New Hanover County having held a public hearing on April 4,2005 to consider application number S-527 submitted by Linda Crafts for a special use permit to locate a duplex in an R-10 Residential District located at 605 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 fronts on Shawnee Trail and 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 an addition to the side of the existing home and contains independent cooking and sleeping facilities. 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 20, 800 s.f. B. The proposed project meets all required setbacks . 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: 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 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. fi 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 April 2005. William A. Caster, Vice-Chairman Attest: �le;1! ttest: 7 'W ' \;‘)A OA- Clerk to the Board 3 i 1 4 6uPzI'3. 3a.. 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For an Ambulatory Surgery Clinic in a CD(O&D Conditional Use Office and Institutional Zoning District Z-795,03/05 The County Commissioners for New Hanover County having held a public hearing on April 4,2005 to consider application number Z-795 submitted by LandDesign 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 Classification Plan. C. County Water and Sewer is proposed. D. The proposed project includes approximately 6± 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. The project is proposed as an Ambulatory Surgery Clinic. 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. D. A traffic impact analysis has been provided. E. Detailed site plans will be submitted for permitting. Some minor changes may occur as a result of detailed site plan review. 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. 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. A tree survey of all regulated and significant trees shall be provided prior to land disturbance. 3. Intersection designs shall be consistent with any access management plan for the 17 corridor which may include the relocation or elimination of driveways. 7 Ord- - 4th day of April 2005. ,x'21111 y -iv*— William A.Caster,Vice-Chairman Attest: ' \ Clerk to the Board 1 4 5uPBk 3.33. 1 Addendum to Special Use Order In a Conditional Use Zoning District Mini-Warehouses Case Z-510, 03/05 The County Commissioners for New Hanover County having held a public hearing on May 2, 2005 to consider application number S-10, 03/05, submitted by Withers & Ravenel for Seahawk Properties LLC, a request to modify a special use permit in a conditional use zoning district to expand an existing Mini-Warehouse operation located at 2016 Farley Drive 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 7,900 s.f. of Mini-Warehouse and 5,968 s.£ of impervious area with on-site manager's residence & office. 2. All other applicable federal, state and local laws. Adopted this 2nd day of May 2005 (.‘.1► William Caster, Vice Chairman ,4 ,1 Attest: %\kaDt \mA AN.L&K ' Clerk to the Board Su.P3. 33. a COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Single Wide Mobile Home in an RA Zoning District S-528, 05/05 The County Commissioners for New Hanover County having held a public hearing on May 2, 2005 to consider application number S-528 submitted by Amy Surrett for a special use permit to locate a single wide mobile home in an RA Rural Agriculture District located at 3530 Lynn Avenue and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Castle Hayne VFD. B. The site will be served by private well and septic. C. Well and septic permits need approval from the New Hanover County Health Department. D. Access to the site is proposed on Lynn Avenue,which is a state maintained road. E. The site is located at the corner of two state maintained rights of way. 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 RA Rural Agriculture Zoning District. B. Singlewide mobile homes are permitted by special use permit in the RA district. C. The subject parcel is approximately 0.4 acres. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Other mobile homes exist nearby. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational sources. B. Other Mobile Homes are located nearby. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED 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 May 2005 4 . N;1 4,S. ..) ,. William Caster,Vice Chairman li Attest: ' -' 4_I1 1 \i■-Lf\f). .' It.\*JA\'' Clerk to the Board . 4tfs3 3.34 4 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT S-529 05/05 (10 Slip Boating Facility) In an R-20 Residential District The County Commissioners for New Hanover County having held a public hearing on June 6, 2005 to consider application number S-529 submitted by Derick Danford for a special use permit to permit a 10 slip boating facility in an R-20 Residential District located at 7431 Dunbar 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 second general requirement listed in the Ordinance; namely that the use meet all conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The use will have negative impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The use is not in harmony with established residential boating facilities along Pages Creek. 4. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE NOT been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED. ryb} Ordered this 6th day of June 2005 4;r7‘11-1 -"mu ilk he Ft. Robert G. Greer, Chairman Attest: ./ %\‘1: _ AJA Clerk to the Board .314 Pita. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A 180' Monopole Antenna in a R-15 Zoning District S-530, 05/05 The County Commissioners for New Hanover County having held a public hearing on June 6, 2005 to consider application number S-530 submitted by Blanchard et al attorneys for a special use permit to locate a 180' monopole antenna in a R-15 Residential District located at 4610 Carolina Beach Road behind the Moose Lodge 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. No water and sewer will be needed by this communications facility. B. The site will have access from Carolina Beach Road (US Highway 421 South) via a 12' wide gravel drive within a 20' access &utility easement. C. The site is served by the Myrtle Grove VFD. D. The tower compound area(10,000 sq. ft.)will be secured by an 8' high chain linked fence. E. The fenced in compound will be set back on three sides by a wooded area. F. The tower will be set back approximately 790' from Carolina Beach Road. G. Additional trees (Burford Holly) will be planted in font of the compound in the buffer area. H. The tower compound will not be located closer than 50' from any residential property line. 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 tower site is zoned R-15 Residential. Telecommunication towers are permitted by Special Use Permit in residential zoning districts. B. The proposed tower will be in compliance with all FCC requirements. { C. The proposed tower will also comply with all FAA regulations. D. The tower will be constructed to accommodate co-location. E. A site plan in accordance with the requirements of the New Hanover County Zoning Ordinance has been submitted. F. Documentation that there is no suitable existing facility within the coverage area for co- location ha been submitted. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other residential districts in New Hanover County. B. Expansion of wireless telecommunication services can enhance emergency communication during severe weather conditions. C. No evidence has been presented that the this tower compound will decrease property values or exist as a health hazard to residents who live nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Classification Plan identifies this area as Developed. B. No County regulated conservation or historic resources have been identified on site. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1) All other applicable federal, state and local laws. Ordered this 6th day of June 2005 *a +;.`. Robert Greer, Chairman �1 A Attest: Clerk to the Board '-3 St,LP Bk.-b. P .35,I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Child Daycare in a R-15 Residential Zoning District S-531, 06/05 The County Commissioners for New Hanover County having held a public hearing on July 11, 2005, to consider Application Number S-531 submitted by Hope Child Care & Development Center for a Special Use Permit to locate a daycare facility in an R-15 Residential District located at 4905 South College Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1) The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2) It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The child daycare facility will be served by public water and sewer. 1) The daycare is proposed to have approximately 100 children. 2) The existing facility will also house an elementary school and church. Elementary schools and churches are permitted in R-15 Residential Districts. 3) Access to the site will be a single driveway from South College Road. College road is classified as an arterial road on the County's Thoroughfare Classification Plan. 4) The site is located within the Myrtle Grove VFD. 5) Total area of the site is 4.04 acres. 1) 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: 2) The site is located in a R-15 Residential District. A child daycare facility is permitted by Special Use Permit. 3) A site plan has been submitted displaying the existing school (12,128 sq. ft.), and future family life center(14,048 sq. ft.). 4) Existing setbacks, bufferyards, and parking will need to meet the County's Zoning Ordinance. 5) 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: 6) The surrounding land use is R-15 Residential 7) An existing storm detention pond is located on the site. 8) 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) The 1999 Land Classification Plan identifies this area as Resource Protection. This class provides for the preservation and protection of important natural, historic, scenic wildlife and recreational resources. 2) The primary land use adjoining the subject site area is residential with B-2 Highway Business and other institutional uses located nearby. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMT 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 gate located at the rear of the daycare facility and adjacent to Foxwood Lane will be utilized for emergency access purposes only. 3) Operating hours for the daycare facility will be from 6:00 a.m. to 6:00 p.m. 4) The current NCDOT Driveway Permit will be revisited by DOT based on the change of use. 5) The daycare facility will be limited to 100 children. 6) Lighting around the daycare facility will not be intrusive to adjoining property. Ordered this 11th day of July, 2005. Robert G. Greer, Chairman trz Attest: 40eri.:'.° ii! Clerk To the Board iI u.to "bk3. P53S �. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Single Wide Mobile Home in an RA Zoning District S-532, 07/05 The County Commissioners for New Hanover County having held a public hearing on July 11 2005 to consider application number S-532 submitted by William David Hewlett for a special use permit to locate a single wide mobile home in an RA Rural Agriculture District located at 21 Castle Farms 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 part of the Castle Farms Mobile Home subdivision located in the Castle Hayne Community near Lynn Avenue. B. The single wide mobile home will be served by individual well and septic system. C. The subject property is located within the Castle Hayne VFD. D. Access to the subject property will be on Castle Farms 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 RA Rural Agriculture Zoning District. B. Singlewide mobile homes are permitted by special use permit in the RA district. C. Setback requirements of the RA District for the single wide mobile home 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 single wide mobile homes exist nearby. B. A Special Use Permit was recently granted by the County for a single wide mobile home on the corner of Lynn Avenue and Castle Farms Road. C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is classified as Resource Protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic,wildlife and recreational sources. B. Other Mobile Homes have existed nearby for more than 10 years. 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 BEGRANTED 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 variance from the setback requirements through the County's Board of Adjustment will be required if the mobile home is placed parallel to Castle Farms Road. Ordered this 11th day of July 2005 A- Robert G. Greer, Chairman Attest: �:' `<tl f g Clerk to the Board t ([ SIA-P 66 3 . 36 . 1 COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Offices for Private Business & Professional Activities & Barber/Beauty Shop Conditional Use Office & Institutional District 1 Z-798,06/05 1 The County Commissioners for New Hanover County having held a public hearing on August 1, 2005 to consider application number Z-798 submitted by Cindee Wolf for Gulf Stream Foods of NC to permit 3 offices for private business & professional activities and barber/beauty shop in a Conditional Use Office & Institutional District located at 6 Silva Terra Drive and 4624 Carolina Beach Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and I draw the following CONCLUSIONS: A A 1 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in s Section 71-1(3) of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meet all conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: t A. Public water and sewer will serve the site B. The site is located in the Myrtle Grove Fire District. 1 C. The site has access from Carolina Beach Road. D. The site is not located in a 100-year flood zone. R 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF I FACT: A. A site plan consisting of an 8,000 square foot office building has been submitted for review. i B. Access to the proposed building will be from Silva Terra Drive as noted on the plan. C. All setbacks and bufferyards can be met as presented by the applicant. D. Based on the information presented, a traffic impact analysis is not required. E. Regulated trees will be preserved. F. No conservation or historical resources are located on site G. A total of 29 parking spaces will be provided—20 spaces are required. 1 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will or substantially injure the value = of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, I the Commissioners make the following FINDINGS OF FACT: A. Residential homes are located to the west and south of the property. Adequate buffering with landscaping, fences, and low-level lighting will provide protection to adjoining landowners. B. The adjoining property to the north is presently vacant. 1 t t A. C. No evidence has been presented to date that the 8,000 square foot facility will decrease the value of adjoining property. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies the area as developed. The purpose of the Developed Class is to provide for continued intensive development of existing urban areas. B. Currently,the property is vacant. 6. Therefore, because the County Commissioners conclude that all of the general 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. Other 1. All other applicable federal, state and local laws. Ordered this 1st day of August 2005 Robert G. Greer, Chairman Attest: u1: \1■1\p, .%ALA Clerk to the Board (-LP 3.31 , �- COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Custom Car Shop in a CD(B-2) Conditional Use Highway Business District Z-800, 07/05 The County Commissioners for New Hanover County having held a public hearing on August 1, 2005 to consider application number Z-800 submitted by Withers & Ravenel for Harold Leonard to permit a Custom Car Shop in a Conditional Use Highway Business District located at 5203 & 5207 Castle Hayne 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 has access from Castle Hayne Road(US Hwy 117). B. A well and septic system will be utilized on site. C. The site is located within the Castle Hayne VFD. D. The site contains approximately 1.01 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. The project is proposed to expand an existing custom car shop. B. The existing custom car shop is 2,880 square feet C. The proposed expansion to the car shop is 2,400 square feet with a maximum height of 14 feet. D. Minimum setbacks and buffers shall be met in accordance with the Zoning Ordinance. E. A traffic impact study will not be required. 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 CD(B-2)Highway Business. B. The existing car shop has been in existence for several years. C. The expansion will require an upgrade to current zoning requirements and provide an overall improvement to the area. D. Buffering will be required to mitigate any effect on adjoining properties. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is classified as Community on the 1999 Land Use Plan. The purpose of the Community classification is to provide a "crossroads" type of development to help meet housin g, shopping, employment and public service needs. 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. County staff will need to field verify areas of COD (Swamp Forest) as displayed on the County's official maps B. A tree survey will need to be submitted and reviewed. C. The existing driveway permit will need to be reviewed by NCDOT for any road modifications to the entrance of the proposed use. 7. Other: A. All other applicable federal, state and local laws. Ordered this l day of August 2005 Y`�. ►, Robert G. Greer, Chairman Attest: \-Lk\ti. .:%kjj,k/t Clerk to the Board ti —S Lt.to 11 3 37 i 6 COUNTY OF NEW HANOVER i STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Single Wide Mobile Home in a R-20 Zoning District I S-533, 08/05 t s The County Commissioners for New Hanover County having held a public hearing on September 6,2005 to consider application number S-533 submitted by William Nixon for a special use permit to locate a single wide mobile home in a R-20 Residential District located at 3355 Davis Lane and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: i 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in t accordance with the plans submitted to the County Commissioners. '$ t s 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i s A. The site will be served by well and septic system. i B. The proposed use will have access of a public road—Davis Lane(SR 1920). t C. The site is not located within the 100 year flood zone. D. The site is located within the Wrightsboro VFD. 4 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and 1 specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF J FACT: 1 A. Single wide mobile homes are permitted by Special Use Permit in a R-20 Residential Zoning District. B. Setback requirements of the R-20 District for the single wide mobile home can be met. C. No conservation or historic resources are located on the subject property. 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value 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 singe wide mobile homes exist nearby. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. I t I t i i I t 11 g 4 I 1 i C 4 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: i 1 1 A. The site is classified as Resource Protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural,historic, scenic, wildlife, and recreational resources. B. Other mobile homes are located nearby. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that I the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following 1 conditions: 1 A. That the applicant shall fully comply with all of the specific requirements stated in the 1 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. 1 C. Other: 1) All other applicable federal, state and local laws. 1 1 1 Ordered this 6th day of September 2005 1 , 4 , ,,,.....„.. , AtRobert G. Greer, Chairman Attest: �`� =D1'1- A 1 1 1 1 %•;-,\G. V - tkL, 1 Clerk to the Board 1 2y ;1 i 1 s1 1 1 1 r COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Convenience Store & Boat House in a CD (B-1) District Conditional Use Neighborhood Business District Z-802, 07/05 The County Commissioners for New Hanover County having held a public hearing on October 3, 2005 to consider application number Z-802 submitted by Howard Capps for James Wicker to permit a convenience store and boat house in a Conditional Use Neighborhood Business District located at 4601 Gordon 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. Public water and sewer is located near the subject property. B. The subject property has direct access from Gordon Road(public) C. The property is located within the Ogden VFD. D. The property contains approximately 4.46 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. The project is proposed to have a 3,500 square foot convenience center with three covered gas pumps, car wash, and 2,400 square foot boat house. B. A 60 foot access easement from Gordon Road will serve the facilities. C. Setbacks and bufferyards shall be met in accordance with Zoning requirements. D. A NCDOT Driveway Permit will be required prior to construction E. A tree inventory has been submitted with the site plan. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Adjoining land uses are residential which will be protected by required setbacks and bufferyards. B. The property adjacent and to the west is the northbound ramp to I-40. C. Convenience centers, gas pumps, car washes, and boat houses are located through-out the County. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is classified as Urban Transition on the County's Land Use Plan. The purpose of the Urban Class is to provide for future intensive urban lands that have been or will be provided with necessary urban services. 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. Right-in, right-out only at the entrance to Gordon Road. B. Lighting not to shine on Evans residents. C. Fence to extend entire length of property boundary adjacent to Evans residences. 7. Other: A. All other applicable federal, state and local laws. Ordered this 3rd day of October 2005 / 111.1114,, / ,.r.� Robert G. Greer, Chairman Attest: 7.e - %\\IAta, fakUs\. Clerk to the Board _I tt P #L 3 . 3 1. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A BBQ Sauce Facility S-535, 09/05 The County Commissioners for New Hanover County having held a public hearing on October 3, 2005 to consider application number S-535 submitted by Newcomer Products for a special use permit to locate a BBQ Sauce Facility in an AI Airport Industrial District located at 2957 N. Kerr Avenue and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Public water and sewer is located nearby. B. An existing structure which is presently vacant will be utilized. C. The property has direct access from N. Kerr Avenue(SR1322). D. The property is located among other existing industrial uses. E. The site will be served by the Wrightsboro VFD. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. This property is presently zoned AI Airport Industrial. Food & Beverage type facilities with smokeless stacks are permitted by Special Use Permit. B. An aerial photo of the site has been presented displaying the exsiting structure along with parking. C. Appropriate setbacks already exist on site. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Other industrial type facilites exist nearby. B. No changes are proposed for the existing facility,parking or other site features. 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 Use Plan identifies this area as Urban Transition. The purpose of the Urban Transition Class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. 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 3`d day of October 2005. Robert G. Greer, Chairman Attest: Clerk to the Board StA.p13. 3g. 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Marina Parking Expansion to Masonboro Yacht Club in a R-15 Zoning District S-536, 09/05 The County Commissioners for New Hanover County having held a public hearing on October 3, 2005 to consider application number S-536 submitted by Masonboro Boatworks, Inc. for a special use permit to expand marina parking in a R-15 Residential District located at 609 Trail Ends 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 approximately 15,000 square feet in size and will contain a total of 29 additional parking spaces. B. The property will be served by the Myrtle Grove VFD. C. Access to the parking area will be through Purviance Avenue. D. Marina parking to the boatyard/yacht club has existed for many years. 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 located in a R-15 Residential Zoning District. Additional parking is allowed to an existing facility in a R-15 District by Special Use Permit. B. Landscaping of the parking area will be provided as required by the New Hanover County Zoning Ordinance. C. A grassed parking area is proposed. D. Existing trees will remain. E. No conservation resources exist on site. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The primary use of the parking expansion is to accommodate overflow traffic from Masonboro Yacht Club that occurs several times per year. B. The proposed parking expansion will reduce traffic on Purviance Avenue. C. The proposed parking expansion will benefit adjoining landowners by improving the site as it presently exists. 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 area is classified as Resource Protection on the County's Land Use Plan. B. The site plan calls for a grassy parking type area which will help minimize impacts to nearby waterway areas.. 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 BEGRANTED 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) Extra care be taken in the protection of the live oaks on the property with minimal impacts on the root system. Ordered this 3rd day of October 2005 • • ,• I dj)Aai4'- ''"; • Robert G. Greer, Chairman Attest: • Cler to the Board 5aP .43, 31. 4 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Telecommunication Facility in a B-2 S-538, 09/05 The County Commissioners for New Hanover County having held a public hearing on October 3, 2005 to consider application number S-538 submitted by William G. Howard for a special use permit to locate a telecommunications facility in a B-2 Highway Business District located at 7654 Market Street and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No water and sewer service will be needed by this communications facility. B. The tower compound will have access from US Highway 17 (Market Street) via a 12' wide gravel driveway within a 20' access easement. C. The site will be served by the Ogden VFD. D. The tower will be 150' in height. E. The tower will consist of a 1,600 square foot equipment compound. F. Adjoining land uses are primarily commercial. G. There are no residential structures within a 150' of the base of the tower. H. An 8' shadow box fence with 3 strands of barbed wire will be constructed around the compound. 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 tower site is zoned B-2 Highway Business. Telecommunication towers are permitted by Special Use Permit in the B-2 District. B. Additional vegetation (Carolina Hemlock & Rhodedendron Mountain Rosebay shrubs) around the compound will be planted in accordance with the County's landscaping requirements. C. The tower will be constructed to accommodate co-location(total 3 carriers). D. The proposed tower will comply with all FAA regulations &FCC requirements. E. An affidavit has been presented by the applicant indicating the inability to co-locate. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other commercial districts in New Hanover County. B. Expansion of wireless telecommunication services can enhance emergency communication during severe weather conditions. C. No evidence has been presented that this tower compound will decrease property values or exist as a health hazard to residents who live nearby. } 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies this area as Resource Protection. B. No County regulated conservation or historic resources are located on site. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED 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 3`d day of October 2005 $67MACjie '' `� Robert G. Greer, Chairman Attest: ,�Z Clerk to the Board u. P 3 , 39. 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO EXPAND AND MODIFY A SPECIAL USE PERMIT From R-15 Residential to CD (B-1)District Conditional Use Neighborhood Business District Z-816, 10/05 The County Commissioners for New Hanover County having held a public hearing on November 7, 2005 to consider application number Z-816 submitted by Kenneth Orndorff for Raley-Miller Properties to permit an additional 30,000 sq ft to the previously permitted 150;000 square feet of retail,commercial and office space as well as another 58 dwelling units for a total of 84 in a Conditional Use Neighborhood Business District located at 6002 Carolina Beach Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Private water and sewer serve the subject property. B. Proposed access to the site is from Carolina Beach Road and Sanders Road. Carolina Beach Road is an Arterial Road and Sanders Road is a Collector Road. C. The property is located within the Myrtle Grove VFD. D. The property contains approximately 9.82 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. All the uses listed on the site plan are permitted by right or by special use permit in the B-1 Neighborhood Business District. B. The site plan shows two access points on Carolina Beach Road and one on Sanders Road. C. Setbacks and buffer yards shall be met in accordance with zoning requirements. D. The amended site plan shows a total of 180,000 square feet of retail, commercial and office space, which is an additional 30,000 square feet. E. The amended site plan shows a total of 84 residential units, which is an additional 58 residential units. F. There are two existing natural ponds on the site that are regulated by the County Conservation Overlay District. There is a third natural pond that does not meet the minimum requirements for protection. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is generally located at the intersection of Sanders Road and Carolina Beach Road. B. The buffer strips shown on the site plan meet the minimum requirements of the ordinance. There is an additional 30-foot buffer existing along the backside of the lots in the adjacent Beau Rivage Subdivision. C. No evidence presented shows 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 Limited Transition on the New Hanover County Land Use Plan. The purpose of the Transition Class is to provide for development in areas that will have some services but at lower densities than those associated with urban transition. These areas were previously designated as transition and were intended to provide for more intensive future development. However, the provision of public services has been scaled back and less intensive development is planned. B. The adopted Thoroughfare plan shows the extension of Sanders Road to the northeast. C. There is a significant amount of residential development proposed and underway in close proximity. 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. 7. Other: A. All other applicable federal, state and local laws. B. The developer shall make all improvements to the Sanders Road intersection and Carolina Beach Road as recommended by the Traffic Impact Analysis; driveways on Carolina Beach Road should also be consolidated. C. The buffers against Beau Rivage Subdivision shall meet the minimum county standards and include an 8-foot high opaque fence and 2 rows of Leyland Cypress. D. To maintain the two existing COD regulated Cypress Ponds, the site shall be engineered to ensure that the water table remains at the existing level. E. Interior access should be provided to the Swartz properties. F. Two ground signs are permitted on Carolina Beach road, one ground sign on Sanders Road and all other out parcel signs shall be wall signs. Ordered this 7th day of November 2005 A).11'17-lit0; Robert G. Greer, Chairman Attest Clerk to the Board 5 &L P 3. 39. .2. ADDENDUM FOR SPECIAL USE ORDER Case: Z-696, 3/00, 10/05 and further revised for CD (B-2) The following Findings will be changed as noted. Any additional conditions adopted by the Board of Commissioners will also be listed on the Order. 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 has direct access to Carolina Beach Road. B. The site is served by private septic and community water. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance;namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan shall meet all of the requirements of the Ordinance. B. Additional setbacks and buffering may be necessary if this entire petition is not successful. 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. One parcel within the rezoning area has been zoned and used for light industrial purposes since 1985. B. A traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plans. C. Provided sufficient setbacks, landscaping and buffering are provided the surrounding residential property should be protected from the development. D. The proposed street stubs to adjacent properties may actually improve access to future residential projects to the rear of the project. 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 land Classification Plan. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. B. Although this CD(B-2) area is not directly adjacent to any other existing commercial zone there are no other commercial uses and zoning 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. That the applicant expands the self-storage facility by 15,200 sq ft. D. Other: 1. All other applicable federal, state and local laws. 2. Provide a 20' buffer yard to the rear or western portion of the property. 3. Fencing around the storage buildings will be estate type fencing with brick columns. 4. Lighting for the facility will be unobtrusive down lighting. 5. The Uses for the front two buildings (labeled 6,372 s.f. and 3,192 s.f.)are limited to the attached list of uses as presented. Ordered this 7th day of November 2005. „r4:0;irt:Hy,s; Robert G. Greer,Chairman Attest: Clerk to the Board PERMITTED USES Kennels (No Outside Runs) Vetcrinaries Wholesale Nurseries & Greenhouses Special Trade and General Contractors with no Outside Storage Mini-Warehouses Other Communication Facilities Post Offices Warehousing Wholesaling with no Outside Storage Apparel & Accessory Store Boat Dealers Building Materials & Garden,Supplies Convenience Food Store Drug Store Eating & Drinking Places Farm Implement Sales Food Stores Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale Furniture, Home Furnishing & Equipment General Merchandise Stores Handcrafting Small Articles Hardware Landscaping Service 'Miscellaneous Retail Retail Nurseries Banks, Credit Agencies, Savings & Loans Business Services Including Printing Equipment Rental & Leasing Personal Services Watch, Clock, Jewelry Repair Churches Accessory Buildings or Uses, Clearly Incidental to the Permitted Use or Building (see Section 62) Government Offices & Buildings Offices for Private Business & Professional Activities Temporary Sign jtMis2000 perrn.use 5 &P3 . 39:3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Telecommunication Facility in a R-15 S-542, 11/05 The County Commissioners for New Hanover County having held a public hearing on November 7, 200.5 to consider application number S-542 submitted by Cellco Partnership for a special use permit to locate a telecommunications facility in a R-15 Residential District located at 6130 Carolina Beach Road and • having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. No water and sewer service will be needed by this communication facility. B. The subject property is not located within a 100-year flood area. C. Access to the facility will be from Carolina Beach Rd along a 20'gravel drive running inside a 30' access and utility easement. D. The tower will be setback on the site approximately 55' from the nearest property line. E. The tower compound area(4,900 square feet) will be secured by a 6' high chain linked fence topped with 3 strands of barbed wire at the top. F. The fenced compound will be surrounded by a 25' landscaped area. 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 tower site is zoned R-15 Residential. Telecommunication facilities are permitted by Special Use Permit in residential zoning districts. B. The proposed tower will be in compliance with all FCC requirements. C. All towers, antenna or related structures locating in residential zoning districts shall be located a distance equal to the height of the tower from any residential dwelling as measured from the base of the tower. D. The proposed tower(130') will meet all setback requirements. The nearest property line is approximately 55'. E. The nearest residential structure is over 200' from the base of the tower. F. The tower will be constructed to accommodate at least one additional provider. G. A 25' buffer will be provided around the perimeter of the fenced compound. H. An affidavit has been submitted by the applicant verifying the need for the placement of a new tower facility. 4 z 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. Similar type facilities exist in other commercial districts in New Hanover County. B. Expansion of wireless telecommunication services can enhance emergency communication during severe weather conditions. C. No evidence has been presented that this tower compound will decrease property values or exist as a health hazard to residents who live nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies this area as Limited Transition. B. No County regulated conservation or historic resources have been identified on site. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED 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. , 1 } Ordered this 7th day of November 2005 •t�;l?17y,� �� c ► r Robert G. Greer, Chairman "i",4411 Attest: \t‘itXs - Clerk to the Board St,( P 3 . 4 0. I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Telecommunication Facility in a R-20 S-541, 10/05 The County Commissioners for New Hanover County having held a public hearing on December 5, 2005 to consider application number S-541 submitted by Cellco Partnership for a special use permit to locate a telecommunications facility in a R-20 Residential District located at 1219 Middle Sound Loop Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. No water and sewer service will be needed by this communication facility. B. The subject property is not located within a 100-year flood area. C. Access to the facility will be from Dunbar Rd off Middle Sound Loop Road along an existing driveway. D. The tower will be setback on the site approximately 550' from the road and 55' from the nearest property line. E. The tower compound area(2,500 square feet)will be secured by a 6' high chain linked fence topped with 3 strands of barbed wire at the top. F. An existing densely wooded area will surround the fenced compound. 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 tower site is zoned R-20 Residential.Telecommunication facilities require a Special Use Permit in residential zoning districts. B. The proposed tower will be in compliance with all FCC requirements. C. All towers,antenna or related structures locating in residential zoning districts shall be located a distance equal to the height of the tower from any residential dwelling as measured from the base of the tower. D. The proposed tower(130')will meet all setback requirements. The nearest property line is approximately 55'. E. The nearest residential structure is over 180' from the base of the tower. F. The tower will be constructed to accommodate at least one additional provider. G. Existing natural foliage provides an adequate landscape buffer. H. The applicant submitted an affidavit verifying the need for the placement of a new tower facility. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other residential districts in New Hanover County. B. Expansion of wireless telecommunication services can enhance emergency communication during severe weather conditions. C. No evidence has been presented that this tower compound will decrease property values or exist as a health hazard to residents who live nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies this area as Resource Protection. B. No County regulated conservation or historic resources have been identified on site. However,County property purchased for the Conservation of Water Quality adjoins the site on the north and east. 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) All antennas used on the tower are flush-mounted and light gray in color. Ordered this 5th day of December 2005 c I," Robert G. Greer, Chairman Attest: l \e,:k„\c„ Clerk to the Board .5 c..t.P 3. 4-0. 2. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a High Density 204 Multi-family Residential Development in a R-10 Zoning District Located at 2200 North College Road S-539, 11/05 The County Commissioners for New Hanover County having held a public hearing on December 5, 2005 to consider application number S-539 submitted by Todd Properties for a special use permit to locate a High Density 204 multi-family residential development in a R-10 Residential District located at 2200 North College 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. Water and sewer service is currently available to the project. B. The subject property is not located within a 100-year flood area. C. Access to the facility will be from North College Rd a major arterial and Murrayville Rd. D. Fire Service is available from the Castle Hayne VFD. E. Turning Lanes and signal improvements as required by the TIA will be completed in accordance with NCDOT. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-10 Residential.High Density Residential is permitted by Special Use Permit in residential zoning districts in accordance with certain performance criteria. B. The 204 units proposed are less than the maximum 348 units allowed. C. Parking,Building Height and Impervious coverage satisfy the County requirements. D. Wetlands and COD areas have been preserved. E. Buffer yards and Setbacks have been shown on the plan. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies this area as Urban Transition, which allows for higher density development. B. The property adjoins a Commercial Center, I-40, and an R-10 residential development. 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 BEGRANTED 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 December 2005 Robert G.Greer,Chairman Attest: ..� V. Aioa,\\ Clerk to the Board StA..P 3. 40. 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A High Density 432 Multi-family Unit Residential Development S-534, 11/05 The County Commissioners for New Hanover County having held a public hearing on December 5, 2005 to consider application number S-534 submitted by Biltmark Developers for a special use permit to locate a high density 432 multi-family unit residential development in a R-10 Residential District located at 4403 North College 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. Water and sewer service is currently available to the project. B. The subject property is not located within a 100-year flood area. C. Access to the facility will be from North College Rd a major arterial and Northchase Parkway to a signalized intersection. D. Fire Service is available from the Wrightsboro VFD. E. Turning Lanes as required by the TIA will be completed at the Northchase Parkway site access in accordance with NCDOT. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-10 Residential. High Density Residential is permitted by Special Use Permit in residential zoning districts in accordance with certain performance criteria. B. The 432 units proposed are less than the maximum 628 units allowed. C. Parking, Building Height and Impervious coverage satisfy the County requirements D. Wetlands areas have been preserved. E. Buffer yards and Setbacks have been shown on the plan. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents or commercial uses nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies this area as Urban Transition, which allows for higher density development. B. The property adjoins the Commercial and Industrial part of the Northchase Planned Development, and the interchange at I-140 and I-40. 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) Boat/Camper storage should be located away from view. 3) Landscaping and tree planting along the 3000' of frontage along the bypass and ramps to visually screen the project and any site improvements from those highways in accordance with Section 67-10. 4) Eliminate billboard signs. 5) Retain adequate setbacks and buffering on site from existing Commercial& Industrial uses in Northchase to accommodate the PD District requirements. Ordered this 5th day of December 2005 Robert G. Greer, Chairman Attest: 'ZT,Lu ` A. Clerk to the Board ADDENDUM TO SPECIAL USE ORDER FOR CASE: Z-760, 11/04 and further revised for CD (B-2) 12/05, Z-821 The County Commissioners for New Hanover County having held a public hearing on December 5, 2005 to consider application number Z-760, 11/04 Atlantis Holdings for an addendum to its current special use permit in a conditional use zoning district to revise and expand an existing CD Conditional District (B-1) in the 4600 block of Carolina Beach Road, because of an error in the proposed list of uses 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 County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove VFD. B. The site has direct access to Carolina Beach Road and St. Andrews Dr. C. The proposed project will be served by County Sewer and City Water. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan,which meets all of the requirements of the Ordinance,has been submitted and reviewed. B. The site plan shows 18 commercial buildings totaling approximately 290,500 square feet. C. A list of proposed uses is shown on the site plan. All proposed uses are permitted within the B-1 Neighborhood Business District. D. Sufficient area to accommodate the required landscaping and buffering is shown on the site plan. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. One parcel within the rezoning area has been zoned and used for light industrial purposes since 1985. B. A traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plans. C. The proposed neighborhood business plaza can be utilized by the existing neighborhoods on the southwest side of Carolina Beach Road and by the developing Johnson Farm neighborhoods. D. The proposed landscaping and buffering areas are adequate to protect adjacent properties. E. The roadway design incorporates traffic calming measures to discourage cut through traffic while allowing interconnectivity. iiF. Road stubs shown for future connection should improve some existing traffic problems for nearby residents. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is classified as developed by the New Hanover County Comprehensive Plan. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. B. Policies in the comprehensive plan promote location of commercial services in close proximity to the markets they serve. The proposed project can serve two large residential areas and the road configuration allows for a new connection to serve other residential areas along St.Andrews Drive. ` 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: 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"Convenience Food Store"Use and the"Automobile Service Station"Use, The "Movie Theater"Use and The"Hotel/Motel"Use are not permitted. 3. The St. Andrews Dr. connection should be completed prior to 50%occupancy. 4. Significant trees need to be identified and retained along road frontage. Ordered this 5th day of December 2005, A w I a Robert G. Greer, Chairman ' All At 1 Attest: ';,. ; ::... ` I ' \1'A\No \''. (Ulia\a‘r Clerk to the Board r