Special Use Permits 1992 , 9 ) 9,;./
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STATE OF NORTH CAROLINA
4: COUNTY OF NEW HANOVER
ORDER DENYING A SPECIAL USE PERMIT
Child Day Care Service
The County Commissioners for New Hanover County having held
a public hearing on March 4, 1992, to consider application number
S-340, 2/92 submitted by Edith Reason, a request for a Special
Use Permit to use the property located at 307 Deerfield 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 not be satisfied if the property is
developed in accordance with the plans submitted to the County
Commissioners.
2. It is the County Commissioners' CONCLUSION that the
proposed use does not satisfy the fourth general requirement
listed in the Ordinance; namely that the location and character
of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development
for New Hanover County. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. The subdivision consists entirely of single-family
homes. Homeowner's covenants for Prince George
Subdivision strictly prohibit non-residential uses in
the neighborhood.
3. Therefore, because the County Commissioners conclude
that all of the general and specific conditions precedent to the
issuance of a SPECIAL USE PERMIT have not been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE
PERMIT be DENIED.
Ordered this 4th day of March, 1992.
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STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Health Care, Geriatric Clinic and Physician Services
The County Commissioners for New Hanover County having held a
public hearing on July 6, 1992 to consider application number
Z-454, 6/92, submitted by Cornelia Nixon Davis Health Care Center,
a request for a special use permit to use the property located on
Porters Neck and Champ Davis Roads; 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 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 been used for health care related services
since 1967.
B. The site is located within the Ogden VFD district.
C. The site has direct access to Porters Neck Road and
Champ Davis 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. An application including a site plan that complies with
the specifications and requirements of Section 59.7-3 has
been submitted.
B. Adequate acreage is available to accommodate off-street
parking for the geriatric clinic. The existing health
care center already provides adequate 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
public necessity. In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
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A. The health care center and its accessory buildings have
been in place on the site for many years. Most nearby
developments occurred after the construction of the
center.
B. No new buildings will be required. An existing
residential structure will be renovated to accommodate
the geriatric clinic.
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 only change in activity for the site will be the
addition of geriatric physician services. Other existing
health care services on the site have been in operation
since 1967 and the geriatric facility will be on the
campus with the health center.
6. Therefore, because the County Commissioners conclude that
all of the general and specific conditions precedent to the
issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED
that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED, subject to the following conditions:
A. That the applicant shall fully comply with all of the
specific requirements stated in the Ordinance for the proposed
use, as well as any additional conditions hereinafter stated.
B. If any of the conditions imposed by this special use
permit shall be held invalid beyond the authority of this
Board of Commissioners by a court of competent jurisdiction,
then this permit shall become void and of no effect.
C. Other: All other applicable federal, state and local
laws.
Ordered this 6th day of July, 1992.
L. M=thews, Jr. Or
1); Chairman
Attest: ..,m6;),
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1111 A t —.4 L
Cl rk to the Board
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING .A SPECIAL USE PERMIT
IN CONJUNCTION WITH A CD( B-2 ) CONDITIONAL USE
ZONING DISTRICT "HOME IMPROVEMENT SHOPPING CENTER"
The County Commissioners for New Hanover County having held
a public hearing on May 7, 1990, to consider application number
Z-400 , 3/90; SC to CD(B-2 ) submitted by Stoval-Belmont
Partnership, a request for a Special Use Permit to use the
property located on the south side of Oleander Drive for a "Home
Improvement Shopping Center" , 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 property is not in a flood hazardous area.
B. A new left turn lane for Oleander Drive and a
decelaration lane are included for safety as well as
additional improvements as may be required by 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. All necessary easements, required setbacks, buffering,
and signage are indicated on the .site plan.
B. The property having been cleared, except for buffer
areas , will be left as natural as possible.
C. Traffic and parking layouts are illustrated on the site
plan. Despite, anticipated low traffic counts, the
parking exceeds the zoning requirements for retail uses
by approximately 25%.
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. In support of this
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conclusion, the Commissioners make the following FINDINGS OF
FACT:
A. Bufferyards and setbacks are established which comply
with the minimum requirements of the Zoning Ordinance.
B. The applicant intends to restrict the use of the
property to home improvements needs, related retail and
office uses.
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 adjacent to a major thoroughfare and will
be developed with retail uses catering to or related to
home improvement needs .
B. Surrounding uses on Oleander Drive are already
developed commercial.
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 Federal, State and local laws as
applicable.
2. Permitted uses to be allowed include those
permitted in B-2 Business , except that
entertainment establishments, bars, cabarets,
discos , eating and drinking places, and outside
storage of building materials are not allowed.
3 . The property will be rezoned to CD(B-2 ) Business
as referenced to the attached Rezoning Order.
Also, the frontage property along Oleander Drive
is rezoned to B-2 Business (general use district)
as referenced in the same Order.
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Ordered this 7th day of May, 1990 .
NpV E R co 7:g(fl: —
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Fi d Retchin, Chairman
Attest: *
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Ckerk to the Board
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STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Dwelling unit Incidental to a Principal Use
The County Commissioners for New Hanover County having held a
public hearing on July 6, 1992 to consider application number S-341,
7/92, submitted by Ernest Wilkinson, a request for a special use permit
to use the property located at 6334 Oleander Drive (Boathouse Marina)
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 72-29 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 new construction is required. The upstairs floor area of
an existing office building would be used to accommodate the
dwelling. The existing office building is used to administer
the daily affairs of a commercial marina on the site.
B. Adequate water and sewer services are available.
C. The site is located within the Seagate VFD District.
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 unit will be occupied solely by a full-time employee of
the marina operation.
B. The use will be in an existing building. All applicable
setbacks are met.
C. Adequate undeveloped acreage is available to provide an area
of open space equal to the total area of the dwelling unit.
D. The total floor area for the residence does not exceed 50% of
the total (gross) floor space of the building.
E. The unit will be located totally above the ground floor.
F. Adequate area is available to provide two off-street parking
spaces.
G. A site plan specifying existing conditions and intended
uses has been submitted as required by the Zoning Ordinance.
4. It is the County Commissioners ' CONCLUSION that the proposed
use DOES satisfy the third general requirement listed in the Ordinance;
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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 residence will be contained in an existing building which
serves as the administrative office for a large scale
commercial marina operation.
B. No new construction is necessitated by the proposed use.
5. It is the County Commissioners ' CONCLUSION that the proposed
use DOES satisfy the fourth general requirement listed in the Ordinance;
namely that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area
in which it is to be located and in general conformity with the plan of
development for New Hanover County. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. Residential uses are located to the east along the southern
banks of Bradley Creek.
B. The exterior facade of the building where this use will be
located will not be altered.
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: All other applicable federal, state and local laws.
Ordered this 6th day of July, 1992.
f
rrI► a h -ws, Jr. , C T/, rman
Attest: `1," ,-�►r-.y/ /
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C erk to the Board
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STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Child Day Care Center
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The County Commissioners for New Hanover County having held a
public hearing on September 9, 1992 to consider application number
S-343, submitted by Estelle Johnston , a request for a special use
permit to use the property located at 6743 Amsterdam Way 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 72-20 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 child day care center will be located in a newly
constructed building of approximately 4800 square feet.
B. The site will have direct access to Amsterdam Way which
is located in Dutch Square Industrial Park.
C. The site is located within Ogden VFD District.
3. It is the County Commissioners ' CONCLUSION that the
proposed use DOES satisfy the second general requirement listed in
the Ordinance; namely that the use meets all required conditions
and specifications . In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. Child day care centers and service are permitted by
special use permit in the I-1 Light Industrial District.
This site is zoned I-1 .
B. A total of 30 off-street parking spaces are proposed.
One space per employee and four spaces for drive-in and
pick-up are minimally needed. Eight full-time employees
will be utilized.
C. Access to the site is designed so that pick-ups and
deliveries can be made without backing into the street.
D. A large fenced area will be provided along the northwest
side of the building.
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
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make the following FINDINGS OF FACT:
A. The site is located in an industrial park, consisting
primarily of metal buildings with brick facades . These
existing businesses are engaged in a variety of
wholesale, distribution and commercial service
activities .
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 facility will be located on a 1 . 15 acre parcel. All
parcels of land in the industrial park equal or exceed
that size.
B. A similar day care operation in the park was established
by special use permit in October, 1989 . This center is
located at the corner of Old Dairy Road and Windmill Way.
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.
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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: All other applicable federal, state and local
laws .
Ordered thi- • • day of September 1992 .
t . L. M.t ews, r.", Chairman qe
•MO Lr
Attest: " No N
Vtat;. \(/XZLAA,LiA,
Clekk to the Board
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I STATE OF NORTH CAROLINA
' COUNTY OF NEW HANOVER
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, ORDER GRANTING A SPECIAL USE PERMIT
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I CHILD DAY CARE
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1 The County Commissioners for New Hanover County having held
J a public hearing on October 1, 1990 to consider application
1
number S-320 submitted by Jacqueline Tozour, a request for a 1
iSpecial Use Permit to use the property located at 619 Albemarle 1
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i Road, and having heard all the evidence and arguments presented
; at the hearing, makes the following FINDINGS OF FACT and draws
the following CONCLUSIONS:
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1. The County Commissioners FIND as a FACT that all of the ,
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, specific requirements set forth in Section 72-20 of the County
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; Zoning Ordinance will be satisfied if the property is developed
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I in accordance with the plans submitted to the County
, Commissioners.
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; 2 . It is the County Commissioners ' CONCLUSION that the
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, proposed use does satisfy the first general requirement listed in
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1 the Ordinance; namely that the use will not materially endanger
I the public health or safety if located where proposed and
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I developed according to the plan as submitted and approved. In
support of this conclusion, the Commissioners make the following 1
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I FINDINGS OF FACT:
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; A. The proposed use will be located in an existing
i dwelling. Access to the site is directly to Albemarle
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' Road, a public street.
I B. The existing structure has been used for the past three
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i years for child care. However, because the existing 1
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, center provided care for five or fewer children, no
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, special use permit was required. Centers locating in
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i residential districts with more than five children must
obtain a special use permit. '
C. The applicant is working closely with Inspections and
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iState Day Care Licensing Officials to insure interior
I improvement comply with design guidelines. No State
I license will be issued until the applicant has met
Irequired State day care sign requirements.
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, 3 . It is the County Commissioners' CONCLUSION that the
I
I proposed use does satisfy the second general requirement listed
I in the Ordinance; namely that the use meets all required
I conditions and specifications. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
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i A. Child day care is permitted by Special Use Permit on
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i property zoned R-10. This iste is zoned R-10.
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I B. Seven off-street parking spaces are provided. A
1 minimum of five are needed for this site.
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3 C. The applicant intends to provide ingress and egress to
I the site so that pick-ups and deliveries can be made
I without backing onto the street.
D. The play area, located in the rear yard of the ,
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I structure, is already enclosed with a fence.
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, E. No outside signage is shown on the site plan.
I 4. It is the County Commissioners' CONCLUSION that the
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1 proposed use does satisfy the third general requirement listed in
1 the Ordinance; namely that the use will not substantially injure
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J the value of adjoining or abutting property, or that the use is a
1
I public necessity. In support of this conclusion, the
, Commissioners make the following FINDINGS OF FACT:
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1 A. The center which will accommodate up to 10 children,
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I will be located in an existing residence where child 1
i care is currently provided for five or fewer children. 1
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I There is no documented evidence to suggest the current
1 operation has created value hardships for adjoining
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I properties.
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1 5. It is the County Commissioners ' CONCLUSION that the
iproposed use does not satisfy the fourth general requirement
I listed in the Ordinance; namely that the location and character
of the use if developed according to the plan as submitted and
I approved will be in harmony with the area in which it is to be
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I located and in general conformity with the plan of development
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i for New Hanover County. In support of this conclusion, the
1 Commissioners make the following FINDINGS OF FACT:
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; A. The center will be in an existing residence. No
I exterior renovations are planned.
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i 6. Therefore, because the County Commissioners conclude
1 that all of the general and specific conditions precedent to the
I issuance of a SPECIAL USE PERMIT have been satisfied, IT IS
i ORDERED that the application for the issuance of a SPECIAL USE
i PERMIT be GRANTED, subject to the following conditions:
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1 A. That the applicant shall fully comply with all of the
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i specific requirements stated in the ordinance for the
proposed use, as well as any additional conditions
1 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
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. no effect. •
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1 C. Other: All other Federal, State and local laws
applicable.
Ordered this 1st day of October, 1990.
1 Ay
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i ff ,■'..0- OW 1.,.
1 F Retchin, Chairman ,
Attest:
erk to the Board
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*Amended October 5 , 1992 as follows :
-The total capacity of the existing child day care service maybe
increased to 12 children from 10 children. ► •, other modific.tions
8 were proposed. /
E.L. Ma hews , Jr. , Chairman
i 41111:
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.F NORIOCr
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STATE OF NORTH CAROLINA
1 ORDER GRANTING A SPECIAL USE PERMIT
1 Two (2) Duplexes
The County Commissioners for New Hanover County having held a
public hearing on December 7, 1992 to consider application number
S-344, submitted by Eugene Davis , a request for a special use permit
to use the property located at 242 Greenville Avenue 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 of the County Zoning
Ordinance WILL be satisfied if the property is developed in accordance
with the plans submitted to the County Commissioners.
i
2 . It is the County Commissioners ' CONCLUSION that the proposed
use DOES satisfy the first general requirement listed in the Ordinance;
namely that the use will not materially endanger the public health or
safety if located where proposed and developed according to the plan as
I submitted and approved. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. The site has direct access to Greenville Avenue.
B. The site is located within the Seagate VFD District.
p C. Adequate water and sewer services are available to serve the
site.
3. It is the County Commissioners ' CONCLUSION that the proposed
use DOES satisfy the second general requirement listed in the
Ordinance; namely that the use meets all required conditions and
1 specifications . In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
1 A. The property is zoned R-10 Residential . Duplexes are per-
mitted by special use permit under this zoning designation.
B. A minimum lot area of 15,000 square feet is required per
1 duplex. A minimum lot area of 10,000 square feet is required
for a single-family structure. The site is currently
occupied by two duplexes and one mobile home. The site
consists of 75,483 square feet. Based on the site' s total
square footage, enough land is available to accommodate two
additional duplexes.
C. Section 63 of the Zoning Ordinance permits the erection of
more than one structure on a lot provided that yards and
other requirements of the Ordinance are met for each
structure as though it was on an individual lot.
D. Adequate land area is available to accommodate 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 1
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' adjoining or abutting property, or that the use is a public necessity.
In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. The site is already occupied by two duplexes and a mobile
home. High density development is located to the west
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(Wrightsville Green Subdivision) .
5. It is the County Commissioners ' CONCLUSION that the proposed
use DOES satisfy the fourth general requirement listed in the
Ordinance; namely that the location and character of the use if
developed according to the plan as submitted and approved will be in
I 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
I support of this conclusion, the Commissioners make the following
FINDINGS OF FACT: 1
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A. Development in the general area consists of mobile homes,
patio homes, duplexes, and older wood-frame single-family
1 structures .
t B. The area is classified Transition on the County Land
Classification Map. The proposed use is consistent with that
classification.
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:
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A. That the applicant shall fully comply with all of the
F 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. 1
c) Other: All other applicable federal, state and local laws .
Ordered this 7th day of December, 1992 .
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1 `1' ► Robert G. Greer, Chairman
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Attest:
0' .41.'140
1 1111„,_ -V .,..,„__,....._
C erk to the Board J ,i1 Ul
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s STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
Non-Residential Off-Street Parking Lot
The County Commissioners for New Hanover County having held
a public hearing on September 4, 1990 to consider application
number S-319, 8/90 submitted by Johnnie Baker/Industrial
Maintenance Corporation, a request for a Special Use Permit to
use the property located on the west side of Airlie 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 72-28 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
9 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
1 FINDINGS OF FACT:
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See Attachment.
i 3 . It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
See Attachment.
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:
See Attachment.
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5. It is the County Commissioners ' CONCLUSION that the
i 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
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1 Hanover County. In support of this conclusion, the Commissioners
1 make the following FINDINGS OF FACT:
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I See Attachment.
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1 6. Therefore, because the County Commissioners conclude
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i that all of the general and specific conditions precedent to the
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4 issuance of a SPECIAL USE PERMIT have been satisfied, IT IS
; ORDERED that the application for the issuance of a SPECIAL USE
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, PERMIT be GRANTED, subject to the following conditions:
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1 A. That the applicant shall fully comply with all of the
specific requirements stated in the ordinance for the
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i proposed use, as well as any additional conditions
hereinafter stated.
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i' B. If any of the conditions imposed by this special use
permit shall be held invalid beyond the authority of
i this Board of Commissioners by a court of competent
i jurisdiction then this permit shall become void and of
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, no effect.
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R C. Other:
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; 1. Require developer to incorporate a portion of the
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1 existing parking lot with the proposed lot that meets
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i the required setbacks. This will enable the existing
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, non-conforming lot to obtain a conforming status via
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i the Special Use Permit. New parking area will need
1 substantial modifications to comply with setback
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1 limits. 1
I2. Prohibit direct access to the new lot from Airlie
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1 Road. Instead, require access through the existing
i parking lot or otherwise combine entrances to a single
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1 driveway to minimize "curb cuts" .
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1 3 . Require retention of existing vegetation to the
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1 greatest extent practical and impose vegetative
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, screening requirements around the periphery of the lot
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1 to screen existing residential uses from the lot.
i Several unique Live Oaks shall be preserved.
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ILandscaping shall meet Sec. 67-5 requirements.
I4. To promote safe on-site traffic movements, permit
free-standing ground signs, not to exceed three feet in
i height nor two square feet in total area per sign to
i provide directional needs for ingress, egress and
traffic flow sin the lots. Prohibit illumination of
i all signage in the parking lot site. Also, require
i handicap parking at ratios suitable for the total
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i number of spaces on the overall site. ,
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I Ordered this 4th day of September, 1990.
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6,: .le.: :. 7ZIY,A7
Fre Retchin, Chairman
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} MODIFIED December 7, 1992 to allow a driveway connection from the
) lot to Airlie Road pursuant to North Carolina Department of Trans-
} portation Driveway Permit.
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i t Robert G. Greer, Chairman
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GENERAL SITE FACTS AND EXISTING CONDITIONS
1. The proposed lot would be affiliated with the existing
Bridge Tender Restaurant. The restaurant is located on the
waterfront on the east side of Airlie Road.
2. Existing restaurant parking is accommodated in a lot
immediately adjacent to the subject parcel and west of the
g restaurant. It consists of 100 spaces.
3 . A portion of the existing parking facilities is zoned B-1
Business, while the balance of the tract is zoned R-15. The
area of the lot zoned R-15 is considered non-conforming. No
Special Use Permit has ever been issued for this section of
the existing lot.
MINIMUM ORDINANCE REQUIREMENTS
1. . . . .that the site be used solely for ground level parking.
(No elevated parking is planned) .
2. A. Access be limited through the principal use site.
I (Although access for the site is proposed directly to
Airlie Road, ingress and egress may be routed through
the existing parking lot. )
B. Access be prohibited through residential areas. No
other access except Airlie Road is planned.
C. Access shall be placed within the common boundary with
the principal use. (The applicant owns the subject
i parcel, property to the north and south, and also the
remanent parcel on the waterfront adjacent to this
1 site. )
3 . Location controls include:
A. The site shall be adjacent to the principal use for at
least 25 feet. The site shares road frontage with the
principal use for the full length, 68 feet.
B. No point of the proposed parking site shall be further
than 200 feet from any road and all points of the
non-residential zoning district boundary. (The site' s
depth from Airlie Road and the zoning boundary is 300+
feet. )
C. The site shall be located no closer than 150 feet from
any street right-of-way other than that to which the
I principal use is adjacent. The closest point of the
1 site to Stokely Road is 80 feet.
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, This petition is in reference to the proposed Fire Department
! location on Porters Neck Rd. I
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i We do not object to the Fire Department, but only its location.
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1 We ask that all property owners to please sign this petition
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I to prevent the approved location by New Hanover Planning
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i Please note that he Fire Department has been offered another
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This petition is in reference to the proposed Fire Department
location on Porters Neck Rd.
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We do not object to the Fire Department, but only its loCtion.
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We ask that all property owners to please sign this petition
to prevent the approved location by New Hanover Planning
Commission.
Please note that -the Fire Department has been offered another
convenient location.
NAME ADDRESS PHONE
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This petition is in reference to the proposed Fire Department
location on Porters Neck Rd.
We do not object to the Fire Department, but only its location.
We ask that all property owners to please sign this petition
to prevent the approved location by New Hanover Planning
Commission.
Please note that -the Fire Department has been offered anothyr
convenient location.
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This petition is in reference to the proposed Fire Department
location on Porters Neck Rd.
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We do not object to the Fire Department, but only its location.
We ask that all property owners to please sign this petition
to prevent the approved location by New Hanover Planning
Commission.
Please note that 019 Fire Department has been offered another
convenient location.
NAME ADDRESS PHONE
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This petition is in reference to the proposed Fire Department
location on Porters Neck Rd.
We do not object to the Fire Department, but only its location.
We ask that all property owners to please sign this petition.
to prevent the approved location by New Hanover Planning
Commission.
Please note that the Fire Department has been offered another
convenient location.
NAME ADDRESS PHONE
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This petition is in reference to the proposed Fire Department
location on Porters Neck Rd .
We do not object to the Fire Department, but only its location.
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We ask that all property owners to please sign this petition
to prevent the approved location by New Hanover Planning
Commission.
Please note that he Fire Department has been offered another "
convenient location.
NAME ADDRESS PHONE
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This petition is in reference to the proposed Fire Department 3
location on Porters Neck Rd.
We do not object to the Fire Department, but only its location.
We ask that all property owners to please sign this petition
to prevent the approved location by New Hanover Planning
Commission.
Please note that the Fire Department has been offered another
convenient location.
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