Special Use Permits 1993 STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Community Boating Facility
The County Commissioners for New Hanover County having held a
public hearing on March 8, 1993, to consider application number
S-347, submitted by Shipwatch Village Homeowners Dock Association,
a request for a special use permit to use the property located in
Shipwatch Village 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 72-37 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:
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:
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:
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:
6 . Therefore, because the County Commissioners conclude that
all of the general and specific conditions precedent to the
•
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 I
GRANTED, subject to the following conditions :
i
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. 1
c) Other: All other applicable federal, state, and local
laws .
The Board makes the following findings of fact in support of
granting this permit.
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a) A four-slip boating facility has already been
constructed.
b) There are several other boating facilities in the
immediate vicinity. These docking facilities are private
and are associated with the Shipwatch Village Homeowners
Dock Association.
c) A CAMA permit will be required; however, it will not be
processed until the County takes action on the special
use permit. f
d) The site is located in the Federal Point Volunteer Fire
Department District.
e) No water and sewer permits are required.
f) No commercial activities are planned (not permitted
anyway) .
g) Off-street parking associated with the dock will be
provided on individual residential lots. A separate
parking lot is not provided.
h) An easement appurtenant to the project is provided for i
access to the dock.
Ordered this 8th day of March, 1993 .
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Robe G. Gre h
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Attest:
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Satellite Fire Station/Ogden VFD
The County Commissioners for New Hanover County having held a
public hearing on May 3, 1993 to consider application number S-345,
submitted by the Ogden VFD, a request for a special use permit to
use the property located on Porters Neck Road east of Edgewater
Club 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 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 facility will have direct access to Porters Neck
Road, a state-maintained street.
B. Water service will be provided by an on-site well . Sewer
will be provided by the County.
C. The use of the property as a fire station is by its very F
nature intended to preserve the public health and safety.
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: F
A. The property selected for the fire station is zoned R-20
Residential . The minimum setbacks specified for this
zoning district can be easily met.
B. The Zoning Ordinance establishes no special conditions
for the construction of a fire station. It only states
that government offices, buildings and related structures F
and uses obtain a special use permit.
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 site is an out-parcel of the Champ Davis Foundation
property and has frontage along Porters Neck Road. It is
located just west of the Cornelia Nixon Davis Nursing
Home and Plantation Village, a retirement village
consisting of attached dwelling units.
B. The presence of a fire station will obviously increase
response time to fire calls in the area.
C. The site is heavily wooded and, if on-site vegetation
removal is kept to a minimum, single family uses located
to the west and south would retain a moderate amount of
visual protection.
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. It was noted that the fire station would be located on
the Champ Davis Foundation property. A portion of the
Foundation property is occupied by a nursing home. The
nursing home property was rezoned recently to CD(O-I ) to
allow an existing manager' s residence to be used as a
doctor' s office.
B. Fire houses and similar facilities have traditionally
been located throughout a community to promote efficiency
in response times and to provide comprehensive service.
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 . Applicable state, federal and local laws .
2 . Building must be set back from Porters Neck Road an
additional 35 feet.
3 . Building must be constructed with non-metal based
exterior and utilize muted colors .
4 . No fixed sirens shall be permitted on the site, except
those on the trucks. The use of truck sirens while on
site shall be limited to testing only.
5 . The existing vegetation along the frontage of Porters
Neck Road shall be retained and other landscaping shall
be provided in this area at such a height to provide
additional visual opacity from the road. Also, on-site
landscaping and buffering must comply with Section 67 of
the Zoning Ordinance.
6 . Security lighting shall be placed on the site so that it
does not shine on adjoining properties .
7 . The scope and area of building construction shall not
exceed the area proposed in the approved site plan
(attached) .
8 . No residential activity, such as the overnight lodging of
firemen shall be permitted except during emergencies that
may require overnight stays.
9 . The building shall not be used as a polling place, for
business meetings and fund raisers or similar uses .
Ordered this 3rd day of May, 1993 .
���pyER C
2GGreer, Chairman
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Attest:
O 1YYW Yt. 4
C ,erk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Radio Antenna Tower
The County Commissioners for New Hanover County having held a
public hearing on May 3, 1993 to consider application number S-348,
submitted by Grace Baptist Church, a request for a special use
permit to use the property located at 1401 N. 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 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 antenna will be located at the rear of the property
adjacent to the school bus garage east of Earl Drive.
B. No water and sewer construction is required.
C. The construction meets specifications mandated by the
Federal Aviation Administration.
D. No new construction is needed beyond erection of the
antenna.
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. Radio and TV antenna and towers which are auxillary to
uses permitted by right in the R-15 District are allowed
by special use permit. The site is zoned R-15 and both
the church and school are permitted by right in the R-15
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:
1
A. The antenna is located adjacent to single-family uses but
is partially screened from view by existing on-site
vegetation.
5 . It is the County Commissioners ' CONCLUSION that the f
proposed use DOES satisfy the fourth general requirement listed in 1
the Ordinance; namely that the location and character of the use if
developed according to the plan as submitted and approved will be
in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover
County. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT: 1
A. The antenna will be located on a large tract of land
developed with a church, a school, and related
activities .
6 . Therefore, because the County Commissioners conclude that
all of the general and specific conditions precedent to the
issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED
that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED, subject to the following conditions :
a) That the applicant shall fully comply with all of the
specific requirements stated in the Ordinance for the proposed
use, as well as any additional conditions hereinafter stated.
b) If any of the conditions imposed by this special use
permit shall be held invalid beyond the authority of this
Board of Commissioners by a court of competent jurisdiction,
then this permit shall become void and of no effect.
c) Other: All other applicable federal, state and local
laws .
Ordered this 3rd day of May, 1993 .
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* a ; . f Robert G. Greer, Chairman
Attest:
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Cl-rk to the Board
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1 COUNTY OF NEW HANOVER
1 STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
COMMERCIAL MARINA
The County Commissioners for New Hanover County having held a public hearing i
1 on December 2, 1985 to consider application number S-256, 12/85 submitted by
1 Johnnie Baker, a request for a special use permit to use the property located '
1 adjacent to the Bridge Tender Restaurant (east side), 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 I. The County Commissioners FIND as a FACT that all of the specific #'
1 requirements set forth in Section 72-31 of the County Zoning Ordinance will be
i satisfied if the property is developed in accordance with the plans submitted to
the County Commissioners. (Specify which requirements, if any, are not satisfied
x by the proposed development). i
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3 2. It is the County Commissioners' CONCLUSION that the proposed use does
satisfy the first general requirement listed in the Ordinance; namely that the
use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved. In
support of this conclusion, the Commissioners make the following FINDINGS OF
FACT:
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1. There are no additional restroom facilities being planned. Marina
patrons will use existing facilities associated with the adjoining
restaurant (Bridge Tender).
2. A major CAMA Permit has been issued authorizing dredging operations in i..
an area of environmental concern.
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3. A building permit to construct the docking area has been issued by the
1 County and construction is nearly complete. (Building Permit No.
i B-19094)
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3. It is the County Commissioners' CONCLUSION that the proposed use does
satisfy the second general requirement listed in the Ordinance; namely that the
1 use meets all required conditions and specifications. in support of this
1 conclusion, the Commissioners make the following FINDINGS OF FACT:
1 1. Commercial marinas are permitted special uses in the B-1 Business 1
1 District. The sale of gasoline and the rental of slips in a marina
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4 facility requires special use permit scrutiny.
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1 2. A total of ninety parking spaces are provided, sixty (60) for the
restaurant and at least thirty (30) for the marina facility. A minimum
i of one (1) off-street parking space per boat slip is required. Thirty
(30) slips are to be provided.
4. It is the County Commissioners' CONCLUSION that the proposed use does
satisfy the third general requirement listed in the Ordinance; namely that the 1
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
1 Commissioners make the following FINDINGS OF FACT:
1
1. Most of the property along the waterfront of Airlie Road is used for
1 water related commercial uses, such as fishmarkets and boat docking
facilities.
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5. It is the County Commissioners' CONCLUSION that the proposed use does t.
satisfy the fourth general requirement listed in the Ordinance; namely that the
i 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 ;`;
sgeneral conformity with the plan of development for New Hanover County. In
support of this conclusion, the Commissioners make the following FINDINGS OF
FACT: E
1. The property is classified Conservation on the Land Classification Map.
Conservation areas should be preserved in their natural state to the
greatest extent possible. Exceptions to this standard, however, are
limited to water-dependent uses, such as docks, wharfs, boat ramps and t
1 marinas, etc.
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6. Therefore, because the County Commissioners conclude that all of the
t general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT
i have been satisfied, IT IS ORDERED that the application for the issuance of
SPECIAL USE PERMIT be GRANTED, subject to the following conditions:
9
a) That the applicant shall fully comply with all of the specific
s 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
a be held invalid beyond the authority of this Board of Commissioners 1
by a court of competent jurisdiction then this permit shall become
void and of no effect.
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c) Other: 1) All other state, federal and local regulations.
2) The petitioner obtain a letter from the Chief Building
Inspector verifying the required parking needs.
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Ordered this 2nd day of December, 1985. 1
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Revised June 7, 1993 to permit the construction of 13 additional
boat slips. Approved pursuant to applicable state, federal and
1 local laws and site plan attached hereto. a
Ordered this 7th day of June, 199,3
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41 4 ~'` 0i Robert G. Greek, Chairman
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Attest:
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COUNTY OF NEW HANOVER r
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Mobile Home
The County Commissioners for New Hanover County having held a
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public hearing on July 6, 1993 to consider application number
S-352, 7/93, submitted by Emerson White, a request for a. special
use permit to use the property located at Coon Hunters Trail and
having heard all the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
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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 1
this conclusion, the Commissioners make the following FINDINGS OF
FACT:
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{ A. The applicant was granted a special use permit on July 7,
1987 to locate a mobile home on this same tract of land.
B. The property is located within the Castle Hayne Volunteer F
Fire Department District. 1
C. The property has access to Coon Hunters Trail.
3. It is the County Commissioners ' CONCLUSION that the
proposed use DOES satisfy the second general requirement listed in
the Ordinance; namely that the use meets all required conditions
and specifications . In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. The applicant has 6 .55 acres
B. All setbacks can be easily met.
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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: 1
1
A. A mobile home is currently located on the property.
B. The predominant use of land in the area is for industrial
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purposes .
5 . It is the County Commissioners ' CONCLUSION that the
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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. A mobile home is currently located on the property.
6 . Therefore, because the County Commissioners conclude that
all of the general and specific conditions precedent to the
issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED
that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED subject to the following conditions:
a) 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, 1993.
1?1/44661 --
Robert G. Greer, Chairman
Attest:
1(///11441,a---_
Cle k to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Mobile Home
The County Commissioners for New Hanover County having held a
public hearing on July 6, 1993 to consider application number
S-351, 7/93, submitted by James Bordeaux, a request for a special
use permit to use the property located at 3903 Lynn Avenue; and
rt having heard all the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
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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 will be served by an individual well and septic
tank.
B. The site is located in the Castle Hayne Volunteer Fire
Department District.
C. The property has direct access to Mulberry 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 property is zoned RA. Mobile homes are permitted by
special use permit.
B. The minimum lot size is 30,000 square feet. The
applicant has this amount of land.
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 site has been occupied by a mobile home in the past.
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5. It is the County Commissioners ' CONCLUSION that the
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proposed use DOES satisfy the fourth general requirement listed in ,
the Ordinance; namely that the location and character of the use if
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developed according to the plan as submitted and approved will be
1
in harmony with the area in which it is to be located and in
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general conformity with the plan of development for New Hanover
I
County. In support of this conclusion, the Commissioners make the ,
;
following FINDINGS OF FACT: .
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A. There are other mobile homes in the general area, I
although the predominant use of land is for agricultural
purposes . I
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6 . Therefore, because the County Commissioners conclude that t
all of the general and specific conditions precedent to the
1
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:
I
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 I
permit shall be held invalid beyond the authority of this I
Board of Commissioners by a court of competent jurisdiction,
1
then this permit shall become void and of no effect. i
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c) Other: All other applicable federal, state and local
1
laws.
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Ordered this 6th day of July, 1993.
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Robert G. Greer, Chairman t
Attest:
1 4)1 , ■Rier■p, A
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Cl-rk to the Board ,Alor:rs.eV 1
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COUNTY OF NEW HANOVER I
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STATE OF NORTH CAROLINA 1
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ORDER GRANTING A SPECIAL USE PERMIT t
Personal Care and Elderly Housing t
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The County Commissioners for New Hanover County having held a
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public hearing on August 2, 1993 to consider application number
S-353, submitted by First Americare Corp. , a request for a special
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use permit to use the property located on the west side of Military t
Cut-Off Road; and having heard all the evidence and arguments I
presented at the hearing, make the following FINDINGS OF FACT and
draw the following CONCLUSIONS: t
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1. The County Commissioners FIND AS A FACT that all of the t
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specific requirements set forth in Section 72-9 of the County
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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
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proposed use DOES satisfy the first general requirement listed in
the Ordinance; namely that the use will not materially endanger the [
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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:
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A. The site will be served by County sewer and community
water.
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B. The site is located in the Ogden VFD District
C. The site has direct access to Military Cut-Off Road 1
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3 . It is the County Commissioners ' CONCLUSION that the t
proposed use DOES satisfy the second general requirement listed in t
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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: [
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A. The site acreage is 14 . 8 acres. All setbacks and t
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applicable design requirements can be met. [
B. A total of 58 parking spaces are provided. i
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4 . Therefore, because the County Commissioners conclude that 1
all of the general and specific conditions precedent to the t
issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED
I
that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED subject to the following conditions:
1
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A. That the applicant shall fully comply with all of the i
specific requirements stated in the Ordinance for the
proposed use, as well as any additional conditions 1
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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:
1 . All other applicable federal, state and local laws .
2 . One ground sign per ordinance.
3 . All lighting be arranged so that it doesn't shine
onto adjoining properties.
4 . Submission of plan to NCDOT to determine the
feasibility of construction of turning lanes along
Military Cut-Off Road to serve this property
5 . On-site stormwater retention plan be implemented
post construction to retain the first inch of run-
off generated by a ten year frequency storm.
Ordered this 2nd day of August, 1993.
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4 \or," Robert G. Greer, Chairman
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ADDENDUM i
S-211, 8/93
1 . Removal of western driveway connection to Porters Neck
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Road t
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2. The three-story building in Phase II be equipped with fire
sprinkler systems per applicable codes
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3. The connection of the project to Jeanelle More Blvd. before
any construction begins outside sub-phase B
4 . Provide a temporary service entrance for construction traffic.
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5. Install an additional dry fire hydrant per recommendations of
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the Ogden VFD r
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Ordered this the seventh day of September, 1993. :
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Ro ert G. Grer, Chairman t
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Attest: i
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'art. 7, X993 A
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COUNTY OF NEW HANOVER i
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Community Boating Facility ( 14 Slips) f
The County Commissioners for New Hanover County having held a
public hearing on September 7, 1993 to consider application number
S-354, 8/93, submitted by the Windchase Homeowners Association, a
request for a special use permit to use the property located in
Windchase Subdivision; 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 72-37 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 I
FACT:
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A. The site is located within the Seagate Volunteer Fire
Department.
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. No water and sewer services are needed for the facility.
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-15 .
B. Conservation resources will not be impacted.
C. Adequate area is available for off-street parking.
D. The number of boat slips does not exceed the number of
lots in the subdivision.
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4 . It is the County Commissioners ' CONCLUSION that the
proposed use DOES satisfy the third general requirement listed in 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: f
A. The facility is used in conjunction with the adjoining
subdivision.
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5. It is the County Commissioners ' CONCLUSION that the
proposed use DOES satisfy the fourth general requirement listed in 1
the Ordinance; namely that the location and character of the use if I
developed according to the plan as submitted and approved will be
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in harmony with the area in which it is to be located and in t
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general conformity with the plan of development for New Hanover
County. In support of this conclusion, the Commissioners make the
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following FINDINGS OF FACT:
A. There is an existing ten-slip marina in place now. I
B. Nearby residential projects have similar facilities . 1
C. A large commercial marina (Masonboro Boat Yard) is ,
located nearby.
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6 . Therefore, because the County Commissioners conclude that
all of the general and specific conditions precedent to the
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issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED
that the application for the issuance of a SPECIAL USE PERMIT BE [
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GRANTED to the following conditions:
a) That the applicant shall fully comply with all of the 1
specific requirements stated in the Ordinance for the proposed E
use, as well as any additional conditions hereinafter stated. [
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b) If any of the conditions imposed by this special use 1
permit shall be held invalid beyond the authority of this I
Board of Commissioners by a court of competent jurisdiction, i
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then this permit shall become void and of no effect. 1
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c) Other: All other applicable federal, state and local t
laws .
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Ordered this 7th day of September, 1993. t
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Robert G. Greer, Chairman 1
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Attest: e- yiX
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Child Day Care
The County Commissioners for New Hanover County having held a
public hearing on December 6, 1993 to consider application number
S-355, submitted by Elma Cosley, a request for a special use permit
to use the property located at 4606 Bramton Road and having heard
all the evidence and arguments presented at the hearing, make the
1 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 existing house is already registered with the State
of North Carolina for the care of five (5) children.
B. The site is located in the Winter Park 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. Adequate area is available to accommodate off-street
parking and delivery/pick-ups without backing into the
street.
B. The site is zoned R-10 . Child day care is permitted by
special use permit.
C. A fenced play area is in place.
4 . It is the County Commissioners ' CONCLUSION that the
proposed use DOES satisfy the third general requirement listed in
the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a
public necessity. In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
A. No structural changes or additions are planned to the
existing residence.
5 . It is the County Commissioners ' CONCLUSION that the
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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 k
County. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT: k
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A. No structural changes or additions are planned to the
existing residence. 1
B. No outside signage is proposed.
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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 1
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
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laws . Y
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1 . A maximum of 12 children will be permitted for care.
2 . Obtain proper local inspections and a state day care
license.
Ordered this 6th day of December, 1993 .
,:toOVER COG
di, _y, `� f Robert G. Greer, Chairman., .Attest: 1r.."°V.1,
IMYYY*Y I flY
Gp MORTN1°- !
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C - k to the Board 1
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