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HomeMy WebLinkAboutSpecial Use Permits 1991 (Continuation) 1 . 9, /m _ 0-44,e.. 404,17 . COUNTY OF NEW HANOVER STATE OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT CHILD DAY CARE CENTER The County Commissioners for New Hanover County having held a public hearing on October 7, 1991 to consider application number S-337, 9/91 submitted by Susan Tyner , a request for a special use permit to use the property located at 7708 Sidbury Road , and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-20 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 proposed use would be located in an existing one- story dwelling. The site has 463+ feet of frontage along Sidbury Road, a IState-maintained-highway. 1 The site is located within the Castle Hayne VFD District. The property is served by an individual well and septic tank. 1 3 . It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in 1 the Ordinance; namely that the use meets all required conditions j and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: B. Off-street parking is required at the rate of one space per employee plus four for off-street drive-in and pick- up. The applicant' s home is situated on five plus acres, within a circle drive which is more than adequate to accommodate required parking. i Exit from the home can be accomplished without backing into the street. i ( A fenced area to the rear of the structure is provided for an outside play area. (The fence must be at least four feet in height. ) No signage is shown on the site plan. Preliminary inspections have been completed by the Building, Health, and Fire Inspectors. 4. It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the third general requirement listed in the 1 . i Ordinance; namely that the use will not substahtially 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: C. Most land on the south side of Sidbury Road in this general area consists of larger tracts 5+ acres. These lands are vacant. Island Creek Estates, which consists of single family detached structures on lots averaging close to an acre of land is located northwest of the I site. 1 The facility will be owner occupied and the house will continue to be used as a dwelling. 1 s 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 1 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 J D. The additional use of the home for day care does not require any exterior renovations; therefore, the current residential character of the structure would not be I compromised. 1 i The limited number of children being cared for should pose minimal impacts in the neighborhood. i 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use 1 permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) 1 1 a 1 I Ordered this 7th day of october , 1991. 3 x 4 I3 _6 r \ h,� -‘164gAtL --' i 4:4141: WAI Chairman i VP P4 1 1 I s 1 1 i 1 i U 1 4 i R { 1 4,11%;c,-- are-t°9--Q-- i i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA a ORDER DENYING A SPECIAL USE PERMIT 1 CHILD DAY CARE CENTER a The County Commissioners for New Hanover County having held a public hearing on October 7, 1991, to consider application number S-338, 9/91 submitted by Karen Tyner , a request for a special use permit to use the property located at 142 El Ogden Drive and having heard all the evidence and arguments presented at the 1 hearing, make the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-20 of the County 1 Zoning Ordinance will not be satisfied if the property is developed R 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 third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property. In support of this q conclusion the Commissioners make the following FINDINGS OF FACT: 1 The development of a larger scale child day care center at Ithis location and the traffic it generates would generally be incompatible with existing land uses and as a result would negatively affect property values in the area i 3 . Therefore, because the County Commissioners conclude that 3 all of the general and specific conditions precedent to the 1 issuance of a SPECIAL USE PERMIT have not been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE 1 PERMIT be DENIED. 1 ;j 3 Ordered this 7th day of October , 1991 . 1 ER -'�,, 1 a 04,• j Cha rman , gis:44d ; Attest: -'F ��, i \6/X/t/thniZ4.------ ■ i i 1 i 1 1 i -? - ? .-eA4-,. a_.:,___, _ 2411_,___ . • *, X99 / . STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT MOBILE HOME The County Commissioners for New Hanover County having held a public hearing on November 4, 1991 to consider application number S-339, 11/91 submitted by Marshall Malpass, a request for a Special Use Permit to use the property located at 6525 Sycamore Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-27 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 property has access directly to Sycamore Road. B. This site is located within the Castle Hayne VFD District. C. An "Improvements Permit" for the installation of a septic tank has been issued by the County Health Department. D. Water for the mobile home will be provided by an , on-site well. 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 zoned RA Rural Agriculture. The minimum lot area for a residential use in this zone is 30,000 square feet. The applicant' s land consists of 1 . 25 acres. B. Adequate area exists to accommodate required setbacks and off-street parking. 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 f public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. There are other mobile homes in use on nearby lots and are not an uncommon land use in the general area. 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. This area of the County is mostly rural. Land uses consist of farming activities and scattered residential uses including mobile homes. 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. Ordered this 4th day of November, 1991. O A Ic 7v... d Retc in, Chairman Attest: PI . pi. AA-i4 C ,erk to the Board 'OF NO3 ieto-6-4. 64-- 73/ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT DINING ROOM ADDITION TO HISTORIC RESTAURANT The County Commissioners for New Hanover County having held a public hearing on December 2, 1991 to consider application number S-336, 9/91 submitted by John and Carole Coble, a request for a Special Use Permit to use the property located at the eastern terminus of Trails End Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is currently occupied by a "historic" restaurant facility. This business caters to diners } and serves alcoholic beverages. B. The site is located within the Myrtle Grove VFD District. C. The existing use and any approved expansions to it would have access to Trails End Road. The expansion would generate a minimal amount of traffic on a dead-end residential street. 3. It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The ordinance was amended October 7, 1991 creating and defining "historic restaurant" and establishing the use as a Special Permit in the R-15 District. There are no special conditions listed in the zoning ordinance for establishing this use. B. Other general conditions applicable to restaurant facilities, include: off-street parking, handicap a j • • access, setbacks, landscaping and buffering and Coastal Area Management Act Regulations: 1) The existing building and proposed addition meet the side and rear setback requirements of the R-15 Residential District. The current sideyard setback for the north side of the building is 28. 41 feet. It is 14. 8 feet on the south side. Other non-conforming outbuldings are also located on the property. It would be difficult to apply setback standards based on building height given the building' s current } location on the site The maximum building height in the R-15 District is 35 feet. Neither the existing building or the addition exceeds that limit. 2) The current facility encompasses 3416+ square feet. The addition would add approximately 728.5+ square feet. The facility consists of a lounge, dining room, kitchen, waiters ' station and hostess area. This addition would increase the floor area by 21%. 3) The restaurant has a seating capacity of 90 and the addition would increase the number of seats to 110. The largest number of employees on any given shift is 11. Applying current standards would mean the restaurant- would need a minimum of 41 parking spaces ( 1' space: per 3 seats and 1 space per two employees) . Ample parking is available on the site. } 4) This site lies within an area of "Environmental Concern" . It is immediately adjacent to Masonboro Sound, which is classified "Outstanding Resource Waters. " The elimination of an internal marl-covered drive not considered essential for internal circulation on the site will allow the impervious surface coverage to remain at its present level and in compliance with CAMA guidelines. 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 existing facility was located on the site prior to the adoption of zoning for the area. Zoning was established in 1969. B. A minimal amount of traffic, lighting, and noise would be generated in the later evening hours. 3 , 5. It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the fourth general requirement listed ' in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved , will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Masonboro Boatyard and Marina is located 100 feet to the north. It is zoned I-1 Light Industrial. i B. Properties along Trails End Road are developed with a mixture of housing types (mobile homes, single-family and attached dwellings) . C. A minimal amount of noise, lighting, and traffic can be anticipated as a result of the expansion. 6. Therefore, because the County Commissioners conclude t 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: 4 A. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the I proposed use, as well as any additional conditions 1 hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of 3 this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. 1 C. Other: , 1) Site plan as submitted 2) All other Federal, State and local laws applicable. I 2 Ordered this 2nd day of December, 991. olo.R Coo* ,���� gut W 'E * athews, Jr ,Chairman Attest: s .w' ';; 4 A Q / z , , ~rEO '"°� Clprk to the Board F NOS' i r , . 0444:2c.-- WI p2/ , alte.. V 33 1 ,/,‘,. ca% /99/ • STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT 1 IN A CONDITIONAL USE ZONING DISTRICT LANDSCAPE CONTRACTING AND LAWN SERVICE The County Commissioners for New Hanover County having held a public hearing on December 2 , 1991, to consider application number Z-444 submitted by Dan Phelps, a request for a Special Use Permit in a Conditional Use Zoning District to use the 1 property located on South College Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the 1 specific requirements set forth in Section 71-1( 3 ) and 72 as applicable of the County `Zoning Ordinance will be satisfied if 1 the property is developed in accordance with the plans submitted to the County Commissioners . s 2. It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger 5 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: 1 i A. Activities proposed for the site include wholesale greenhouses which are permitted by right and the construction of a 3800 square foot metal building for . storing landscape maintenance equipment used by Phelps Lawn Care Service. The activities represent only a 3 small percentage of development on the total tract. The tract is 5 acres. B. The site is located within the Myrtle Grove VFD District. 3 . It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the second general requirement listed c in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i A. There are no special conditions enumerated in the I special use permit section of the ordinance. B. Setbacks based on building height will be applied to the construction of the storage building. The minimum side yard setback is 30 feet and 35 feet for the rear 5 yard. 4 . It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the third general requirement listed in i i i 1 1 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 properties consist of larger undeveloped acreage tracts, except for the Heritage Baptist Church facility located on property to the northeast of the subject parcel. 5. It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The majority of developed lands between Monkey Junction and the corporate limits of Wilmington is for residential uses. The remaining developed lands are used for institutional type services - churches, funeral home. 3 B. Traffic should have minimal impacts because of the limited operations of the business. 6 . Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: 1 A. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. C. Other: 1. All other Federal, State and local laws applicable. 2 . Wholesale nursery and greenhouse operations are to be permitted in accordance with existing ordinance requirements. 3 . Landscape contracting and lawn services will be permitted. 4. No retail activities are permitted. 5. No signage is permitted. 5 6 . • The storage building permitted in conjunction with the landscape and lawn service operations is limited to 3800 square feet in area. 7 . A 25 foot buffer is to remain along the perimeter utilizing existing natural vegetation. Ordered this 2nd day of December, 1991 . 0ER 000 /7///:vim_�t *p/41� A L. Mathews, r. , Chairman Attest: W ;! ' ic C1 rk to the Board glf�F N0a_4 * } Applicant Date }