Special Use Permits 1994 • <?/-(ht Ic23
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COUNTY OF NEW HANOVER I
STATE OF NORTH CAROLINA i
ORDER GRANTING A SPECIAL USE PERMIT
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Seventeen Dwelling Units
The County Commissioners for New Hanover County having held a
public hearing on February 7, 1994 to consider application number 1
Z-489, 1/94, submitted by CGH Investments, a request for a special I
use permit to use the property located on the north side of 1
Wrightsville Avenue and having heard all the evidence and arguments [
presented at the hearing, make the following FINDINGS OF FACT and I
draw the following CONCLUSIONS: f
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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
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the Ordinance; namely that the use will not materially endanger the
public health or safety if located where proposed and developed 1
according to the plan as submitted and approved. In support of t
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this conclusion, the Commissioners make the following FINDINGS OF I
FACT: f
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A. Adequate water and sewer is available to serve the site i
B. The site is located within the Seagate VFD District. 1
C. The site's entrance is located so that adequate site
distance is provided for ingress and egress.
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1 3 . It is the County Commissioners ' CONCLUSION that the
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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 f
Commissioners make the following FINDINGS OF FACT: k
IA. The site received preliminary approval from the Technical
Review Committee. t
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B. The number of units proposed meets the density allowance
of the R-10 Zoning District. 1
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4 . It is the County Commissioners ' CONCLUSION that the I
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 i
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
County. In support of this conclusion, the Commissioners make the (
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following FINDINGS OF FACT: t
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A. Most of the site' s existing vegetation will be retained. 1
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B. A seven (7) foot high solid privacy fence will be t
installed along part of the site' s eastern property line. ,
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C. Properties of similar densities are located nearby.
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5. Therefore, because the County Commissioners conclude that
all of the general and specific conditions precedent to the
issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED I
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 =';
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
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Board of Commissioners by a court of competent
jurisdiction, then this permit shall become void and of
no effect.
c) Other: 1. Applicable federal, state and local laws.
} 2 . Site plan as submitted.
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Ordered this 7th day of February, 1994 .
s ,,NOVcoGy �
'�.- �A Robert G. Greer, Chairman
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
In-home Child Day Care r
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The County Commissioners for New Hanover County having held a
public hearing on February 7, 1994 to consider application number t
S-356, submitted by Carrie Muse, a request for a special use permit to
use the property located at 4625 Norwich 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 72-20 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 1
submitted and approved. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT: t
A. The applicant has received applicable Health Department
permits pertaining to septic tanks and inside cleaning and
toilet facilities .
B. The site has been inspected by the Fire Marshal and Building
Inspector for general safety. t
C. The site is located within the Winter Park VFD.
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3 . It is the County Commissioners ' CONCLUSION that the proposed t
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 appropriately zoned for the use
B. An outside fenced play area is provided.
C. Adequate off-street parking is provided and room is available
to exit the site without backing into the street. k'
4 . It is the County Commissioners ' CONCLUSION that the proposed
use DOES satisfy the third general requirement listed in the Ordinance; g
namely that the use will not substantially injure the value of
adjoining or abutting property, or that the use is a public necessity. a
In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
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A. Except for a small addition, the basic floor plan of the
existing dwelling remains unchanged. f
B. No changes are planned for the structure' s facade.
C. The owner currently has a registered day care in the house
and no evidence is available that suggests it devalues the
adjoining property.
D. There are similar operations in the general area
5. It is the County Commissioners ' CONCLUSION that the proposed 1
use DOES satisfy the fourth general requirement listed in the
Ordinance; namely that the location and character of the use if f
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:
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A. Except for a small addition, the basic floor plan of the
existing dwelling remains unchanged.
B. No changes are planned for the structure' s facade.
C. The owner currently has a registered day care in the house
and no evidence is available that suggests it devalues the
adjoining property.
D. There are similar operations in the general area
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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 appli-
cation 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 4
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: c
1) Applicable federal, state and local laws;
2) A six (6) foot wooden privacy fence be installed along
the side and rear property lines; a
3) A maximum of twelve ( 12) children be permitted for care;
4 ) No more than one third ( 1/3) of the children may be
permitted in the outside play area at any given time;
5) Removal of the parking space in the front yard directly v
in front of the house.
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Ordered this 7th day of February, 1994 .
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Community Boating Facility (8 slips)
The County Commissioners for New Hanover County having held a
public hearing on February 7, 1994 to consider application number
S-357, submitted by Pete DeVita , a request for a special use 1'
permit to use the property located at the eastern terminus of
Pelican Point Road; and having heard all the evidence and arguments t
presented at the hearing, make the following FINDINGS OF FACT and
draw the following CONCLUSIONS: 1
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 t
`.; FACT:
A. A Coastal Area Management Act permit has been issued
authorizing construction;
B. Relevant Corps of Engineers permits have also been
issued.
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. Eight (8) slips are proposed, which are linked to platted
lots in the adjoining subdivision;
B. Parking will be provided at individual residences;
C. This is a water dependent use, which is permitted in
conservation resource areas .
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 commercial activities are planned;
B. Similar sized docking facilities are commonly found along
the waterfront on nearby and adjacent properties .
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proposed use DOES satisfy the fourth general requirement listed in t
the Ordinance; namely that the location and character of the use if I';
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. There are other docking facilities on nearby properties .
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 f
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: Applicable federal, state and local laws .
Ordered th' - 7th day of February, 1994 .
47--....,111, ' -,crili4. 6<641 ._,
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*01 ik Robert G. Greer, Chairman 1
Attest: 17
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Manager's Residence
The County Commissioners for New Hanover County having held (
a public hearing on April 5, 1994 to consider application number
S-358, submitted by JTM Development, Inc. , a request for a
special use permit to use the property located at 6825 Market p
Street 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 f
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 t
the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and
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developed according to the plan as submitted and approved. In
support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. Similar requests have been approved by the County with
no record of peril or danger to the general public. v'
B. The site has direct access to a public street,
affording emergency vehicles and related services ease
of access .
C. The site will be serviced by County sewer and private
water.
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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 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 proposed dwelling will be located above the ground
floor at the front of the building. (
B. The total area devoted to the dwelling will not occupy
more than fifty (50) percent of the total floor area of
the principal use. 1
C. Open space far in excess of the total floor area of the
dwelling unit is provided. This open area is
unobstructed by buildings, structures and/or parking.
D. The dwelling unit will be occupied by a full-time
resident manager. 1
E. The required front, side and rear yard setbacks are
met.
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4 . It is the County Commissioners ' CONCLUSION that the I
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proposed use DOES satisfy the third general requirement listed in
the Ordinance; namely that the use will not substantially injure
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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
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A. Adjoining properties are developed with commercial
uses, including a dry cleaners, used car sales and a i
recreational vehicle sales lot. I
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5 . It is the County Commissioners ' CONCLUSION that the [
proposed use DOES satisfy the fourth general requirement listed F
in the Ordinance; namely that the location and character of the
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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 t
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in general conformity with the plan of development for New i
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Hanover County. In support of this conclusion, the Commissioners t
make the following FINDINGS OF FACT: [
A. The area is classified Urban Transition; more intense 1
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urban development is encouraged. I
B. Also no important natural resources are impacted. The I
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site is within the Smith Creek Watershed. f
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6 . Therefore, because the County Commissioners conclude 1
that all of the general and specific conditions precedent to the F
issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS f
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ORDERED that the application for the issuance of a SPECIAL USE 1
PERMIT BE GRANTED subject to the following conditions : 1
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A. That the applicant shall fully comply with all of the r
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specific requirements stated in the Ordinance for the I
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proposed use, as well as any additional conditions i
hereinafter stated. 1
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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, i
then this permit shall become void and of no effect. 1
C. Other: All other applicable federal, state and local I
I
laws .
Ordered this 5th day of April, 1994 i
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,H. 711,44... 47.7,...„.. \ Robert G. Greer, Chairman i
Attest: A A
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
In-Home Child Day Care Service
The County Commissioners for New Hanover County having held a public hearing
on June 6, 1994, to consider application number S-360, submitted by Jacqueline Tozour,
a request for a special use permit to use the property located at 317 Humphrey Drive in
Emerald Forest at Wendover North, 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
1
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 located at the corner of Oyster Drive and Humphrey Drive in
Emerald Forest in Wendover North. Access to the site is via Humphrey
Drive.
B. The site is located in and served by the Ogden Volunteer Fire Department.
C. Adequate water and sewer services are available to serve the use
D. The applicant currently has a license to operate a child day care facility for
up to twelve (12) children. That facility has been operated without violations
or complaints.
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 Residential. Child day care services are
permitted by special use conferment in the this zoning district.
B. The lot where the residential structure is to be built that will house the day
care service is sufficiently large enough to accommodate required vehicle
parking and circulation. This includes pick-ups and drop-offs without backing
into the street.
C. A fence, four (4) feet in height, is required around the perimeter of the
outside play area. A fence of unknown height is illustrated on the site plan
for a portion of the rear yard.
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
conclusion, the Commissioners make the following FINDINGS OF FACT:
A. No other registered of licensed day care facility is located within the
subdivision.
B. Surrounding homes have yet to be built.
C. The owners previous home which had a day care service sold at an
appreciated value.
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:
housed in single-family dwelling that is planned
A. The day care service will be ho g y g p
to be built on the lot.
B. The dwelling will be of similar architectural style as other housing in the
i neighborhood.
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. l
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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 this 6th day of June, 1994.
727,e0/644"----
Robert G. Greer, Chairman
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Attest:
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Convenience Food Store
The County Commissioners for New Hanover County having held a public hearing
on June 6, 1994, to consider application number S-362, 5/94, submitted by Sarah Perry,
a request for a special use permit to use the property located at 5022 Myrtle Grove 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. A small building (20' x 24') has been erected on the site It will be served by
an individual well and County Sewer.
B. The property has direct access to Myrtle Grove Road.
C. The property is located within the Myrtle Grove 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. Convenience food stores are permitted by special use permit in the R-15
District. The property is zoned R-15.
B. The total area of land devoted to the use cannot exceed one acre -- the
applicant intends to use about 14,000 square feet of a 1.3 acre tract of land.
C. The proposed use is not within the interior of a subdivision.
D. Retail activity will be limited to the sale of convenience foods, beer, wine,
cigarettes, canned goods and related goods. There will be no sales of
gasoline.
E. Four off-street parking spaces are provided.
F. No signage is displayed on the site plan.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES
satisfy the third general requirement listed in the Ordinance; namely that the use will not
substantially injure the value of adjoining or abutting property. In support of this
conclusion, the Commissioners make the following FINDINGS OF FACT:
A. There is a variety of housing in the area, including mobile homes and single-
family structures.
B. The size and scale of the facility lessens the chance that it will be disruptive
to the surrounding neighborhood.
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 building proposed to house this operation is very small in comparison
to nearby residential uses.
B. Historically, similar type uses have been located nearby through most have
been the victim of obsolescence.
C. A major retail and commercial center has been developed just west of this
location at Monkey Junction.
6. Therefore, because the County Commissioners conclude that all of the
general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT
HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL
USE PERMIT BE GRANTED, subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements
stated in the Ordinance for the proposed use, as well as any additional
conditions hereinafter stated.
B. If any of the conditions imposed by this special use permit shall be held
invalid beyond the authority of this Board of Commissioners by a court of
competent jurisdiction, then this permit shall become void and of no effect.
C. Other:
1. All other applicable federal, state and local laws.
2. The use shall cease and desist upon the death of Sarah Perry.
3. A circular drive shall be installed along the perimeter. The drive must
loop around and behind the store.
Ordered this 6th day of June, 1994.
1214241,464"--
, 411: TIM* Robert G. Greer, Chairman
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Cl to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
Communications Tower
The County Commissioners for New Hanover County having held a public hearing
on June 6, 1994, to consider application number S-361, submitted by Mark Kirstner of the
John R. McAdams Co., Inc., a request for a special use permit to use the property located
on the west side of Carolina Beach 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 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 third general requirement listed in the Ordinance; namely that the use will
not substantially injure the value of adjoining or abutting property, or that the use is a
public necessity. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. No evidence was presented that could guarantee the value of adjoining
properties would be protected if the tower were to be built.
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3.. It is the County Commissioners' CONCLUSION that the proposed use DOES
NOT satisfy the fourth general requirement listed in the Ordinance; namely that the
location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County. In support of this
conclusion, the Commissioners make the following FINDINGS OF FACT:
A. There are scattered residential uses nearby and the location of a tower at
this site would not be in harmony with them.
4. Therefore, because the County Commissioners conclude that all of the
general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT
HAVE NOT been satisfied, IT IS ORDERED that the application for the issuance of a
SPECIAL USE PERMIT BE DENIED.
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Ordered this 6th day of June, 1994.
" 1 VOIJ/6Aul -
��'+ rot Robert G. Greer, Chairman
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Attest:
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
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ORDER GRANTING A SPECIAL USE PERMIT
CHILD DAY CARE CENTER
REVISION
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The County Commissioners for New Hanover County having held a public
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hearing on October to consider application number S-303, 10/89, revised 6/94,
submitted by Donald McKeithan , a request for a special use permit to use the property
located at 6620 Windmill 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.
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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 I
developed according to the plan as submitted and approved. In support of this
conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The center will be served by County sewer and a private water system.
1
B. The site has direct access to Windmill Way and Old Dairy Road. Both of
these roads have been constructed to minimum N.C. Department of
Transportation standards. Old Dairy Road is state maintained. Windmill
Way is not on the state system, but is anticipated to be in the near future.
f.
C. The site is located within the Ogden VFD District.
D. The applicant has been issued a license by the State Day Care Licensing
Board to operate the existing facility. Application has also been made for
a license to operate in the proposed building.
E. Industrial uses located nearby should not impact the children's welfare.
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
q P I
Commissioners make the following FINDINGS OF FACT:
A. Child Day care is permitted by special use permit in the 1-2 Industrial
District. The site is zoned 1-2.
8
B. A sufficient number of off-street parking spaces are illustrated on the site
plan.
C. Fenced play areas are provided.
D. Access to the site is provided such that deliveries and pick-ups can be
made without backing into the main road.
E. Identification signage on the site currently complies with Zoning
Ordinance requirements. No new signage is shown on the plan.
F. The size of the facility is adequate to accommodate the 135 children.
4. It is the County Commissioners' CONCLUSION that the proposed use
DOES satisfy the third general requirement listed in the Ordinance; namely that the use
will not substantially injure the value of adjoining or abutting property, or that the use is
a public necessity. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
A. The properties nearby are all zoned Industrial.
B. The existing center has been in operation for several years. Since then,
numerous lots nearby have been sold and developed. No information
has been presented that the center's presence undermines property
values.
5. It is the County Commissioners' CONCLUSION that the proposed use
DOES satisfy the fourth general requirement listed in the Ordinance; namely that the
location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County. In support of this
conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The proposed use would be located in an industrial park where most lots
exceed 1.0 acre in size. The industrial uses that are now located there
are not considered obnoxious or environmentally threatening.
3 �
B. Nearby properties are zoned I-1 and 1-2 and developed with uses
generallly compatible with the center. These uses include commercial
services, light manufacturing, office, distribution facilities 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 Zoning 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.
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C. Other: All other applicable federal, state and local laws. 1
Ordered this 6th day of June, 1994.
7 an .t,- ,,IdAizdt,--, 1
%14. % ' * Robert G. Greer, Chairman
Attest: `�'r " " �"
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COUNTY OF NEW HANOVER
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 July 5, 1994,
to consider application number S-363. 6/94, submitted by J. Frederick Finlay, a request for a special use
permit to use the property located at the east end of Sound View Drive 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 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance
with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
first general requirement listed in the Ordinance;namely that the use will not materially endanger the public
health or safety if located where proposed and developed according to the plan as submitted and approved.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. No water and sewer services are necessary for the operation of this use.
B. Access to the site is directly from Sound View Drive.
C. The property is located within the Myrtle Grove VFD District.
D. Activities will be limited to water related uses. No commercial or industrial activities will
be conducted on 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
specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT:
A. The site is zoned R-15, which permits community boating facilities by special use permit
conferment.
B. The adjoining waters are classified SA-ORW; however, shellfishing is currently prohibited.
C. No boat slips are proposed. The proposal merely consists of a pier and a small floating dock
without designated boat slips. The pier is to be four feet wide and 80 feet long with an eight
by twenty-four foot floating dock attached to the pier's end.
D. All members of the sound View Homeowner's Association have equal access to the
proposed facility.
E. No commercial activities are proposed.
F. Off-street parking will be provided at each individual residence and two areas along the
roadside at the end of Soundview Drive.
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:
ti
A. The proposed facility is a common use along waterfront properties and many similar
facilities are located nearby.
t B. Historically, such uses have added value to those properties that are linked with or have
access to the water.
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. Similar facilities are located on neighboring properties.
B. CAMA permits will be required so as not to conflict with the riparian rights of adjacent
owners.
C. Water related uses are encouraged within the conservation and flood prone areas of the
County.
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 5th day of July, 1994.
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Robert G. Greer, Chairman
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
for TWO MOBILE HOMES
The County Commissioners for New Hanover County having held a public hearing on
July 5, 1994, to consider application number S-364, 7/94, submitted by Linda Worrell, a request
for special use permits to use the property located on Oakley Loop 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 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 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. There are very few single-wide mobile homes in the general area and the location
of these structures here would detract from the aesthetic and architectural
}
character of the area.
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 5th day of July, 1994.
, ,�� Robert G. Greer, Chairman
Attest: 4 e..,.,,,,
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Cl k to the Board
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
MOBILE HOME
The County Commissioners for New Hanover County having held a public hearing on
August 8, 1994 to consider application number S-365, 8/94, submitted by Peggy Porter , a
request for a special use permit to use the property located at 2617 Oakley Road and having
heard all the evidence and arguments presented at the hearing, make the following FINDINGS
OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements
set forth in Section 72-27 of the County Zoning Ordinance WILL 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 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 establishment of a single-wide mobile home on this site detracts from
the area, which in turn would have a detrimental impact on property
values.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT
satisfy the fourth general requirement listed in the Ordinance; namely that the location and
character of the use if developed according to the plan as submitted and approved will be in &'
harmony with the area in which it is to be located and in general conformity with the plan of
ti development for New Hanover County. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
A. There are very few single-wides in the area As such, the location of one
on this site would be inconsistent with existing housing types and
aesthetically incompatible.
B. The location of a single-wide on the property would lead to a concentration
of undesirable housing types. The use is better suited for mobile home
parks.
4. Therefore, because the County Commissioners conclude that all of the general
and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE NOT been
satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
DENIED.
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Ordered this 8th day of August, 1994.
4.4�' ,�� Robert G. Greer, Chairman
Attest: Op
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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 October 3,
1994 to consider application number S-366, submitted by Lynda Harvey , a request for a special use
permit to use the property located at 6263 Turtle Hall Drive and having heard all the evidence and
arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following w'
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. 1
i
2. It is the County Commissioners' CONCLUSION that the proposed use DOES =DOES
NOT satisfy the first general requirement listed in the Ordinance; namely that the use will not materially 1:
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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A. The site has direct access to Turtle Hall Drive.
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B. The site is located in the Seagate VFD District.
C. The service would be located in an existing residential structure. Currently, the applicant I
keeps up to five (5) children on an all day basis, and three (3) others in the afternoon after
school hours. This structure will not require modifications to accommodate the use.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the r
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:
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A. Child day care is permitted in the R-15 and R-20 Residential Districts by special use
permit. The applicant's site is zoned appropriately.
B. Pick-ups and drop-offs can be made without backing into the street.
C. No identification signage is proposed.
D. An existing fenced area on the rear of the property will be utilized for outside play needs.
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4. 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, or that the use is a public necessity. In support of this 1
conclusion, the Commissioners make the following FINDINGS OF FACT: :
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A. The applicant has kept up to five (5) children on a full time basis and three (3) others on a {
part-time basis for several years at this location.
B. There are no documented complaints that the existing service is disruptive, or that it has t'
impaired property values in the area.
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5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
E 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:
f
A. There are no exterior alterations planned for the existing structure.
B. Minimal traffic demands would be created.
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 1
the following conditions:
y 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.
r
C. Other: 1
1) All other applicable federal, state and local laws. k
2) A maximum of eight (8) children can be served. Ii
Ordered this 3rd day of October, 1994.
fi,2/14A)f.. .,,e t i....._._.
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA t
ORDER GRANTING A SPECIAL USE PERMIT ,
Two Mobile Homes
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The County Commissioners for New Hanover County having held a public hearing on
October 3, 1994 to consider application number S-368 submitted by Shirley Johnson, a request
for a special use permit to use the property located at 129 and 131 Gladiolus 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 1
requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the F
property is developed in accordance with the plans submitted to the County Commissioners.
1
2. It is the County Commissioners' CONCLUSION that the proposed use DOES i
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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: t
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A. The site has access to Gladiolus Road.
B. The site is located in the Wrightsboro VFD district.
C. The mobile homes will be served by individual wells and septic tanks. i
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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 use meets
all required conditions and specifications. In support of this conclusion, the Commissioners make
I
the following FINDINGS OF FACT:
I
A. Mobile homes are permitted by special use permit conferment in the R-20
Residential District. The site is zoned R-20.
B. The lots comply with the minimum lot size of the R-20 District and the minimum
yard setbacks can be met. it
C. Adequate area is available to meet off-street parking requirements..
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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 e
substantially injure the value of adjoining or abutting property, or that the use is a public k
necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT:
A. A mixture of housing styles is located in the area, including mobile homes.
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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 X`
development for New Hanover County. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
A. Mobile homes are located throughout the general area.
B. A special use permit for two mobile homes on adjoining property was granted by
the County in February, 1987.
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:
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 r
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. 3
C. Other: All other applicable federal, state and local laws.
Ordered this 3rd day of October , 1994.
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11 liglib,..- ii;
s Robert G. Greer,AChairman
Attest:
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COUNTY OF NEW HANOVER i
STATE OF NORTH CAROLINA
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ORDER GRANTING A SPECIAL USE PERMIT
Mobile Home
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The County Commissioners for New Hanover County having held a public hearing on
October 3, 1994, to consider application number S-367, 10/94, submitted by William C. Vann, a
request for a special use permit to use the property located at 3400 Castle Hayne Road and I
having heard all the evidence and arguments presented at the hearing, make the following
FINDINGS OF FACT and draw the following CONCLUSIONS:
i
1. The County Commissioners FIND AS A FACT that all of the specific s.
requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the Y
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property is developed in accordance with the plans submitted to the County Commissioners.
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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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A. The site has direct access to Gladiolus Road and US 117.
B. The site is located in the Wrightsboro VFD district.
C. The mobile home will be served by an individual well and septic tank.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES
satisfy the second general requirement listed in the Ordinance; namely that the use meets all
required conditions and specifications. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
1.
A. Mobile homes are permitted by special use permit conferment in the R-20
Residential District. The site is zoned R-20. t
B. The lot complies with the minimum lot size of the R-20 District and the minimum
yard setbacks can be met. X
C. Adequate area is available to meet off-street parking requirements.
I
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 i
substantially injure the value of adjoining or abutting property, or that the use is a public
fi necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF I
FACT:
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A. A mixture of housing styles is located in the area, including mobile homes.
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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. Mobile homes are located throughout the general area. t
B. A special use permit for two mobile homes on nearby property was granted by the
i
County in February, 1987.
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:
i
A. That the applicant shall fully comply with all of the specific requirements stated in if
the Ordinance for the proposed use, as well as any additional conditions hereinafter r
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.
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C. Other: All other applicable federal, state and local laws.
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Ordered this 3rd day of October, 1994.
ER i�'� .', %.. �0- Robert G. Greer, Chairman
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} Attest:
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Clerk to the Board
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
IN A CONDITIONAL USE ZONING DISTRICT
Industrial Park, 12 Lots
The County Commissioners for New Hanover County having held a public hearing on
December 5, 1994, to consider application No. Z-505 submitted by Landmark Development, Inc.,
a request for a Special Use Permit in a Conditional Use Zoning District to use the property located
on Blue Clay 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 71 of the County Zoning Ordinance WILL be satisfied if the property is developed
in accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy
the first general requirement listed in the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and developed according to the plan as
submitted and approved. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. The site has direct access to Blue Clay Road.
B. Water and sewer services are available to serve the intended uses.
C. The site is located in the Castle Hayne 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 site plan as submitted illustrates that buffering, setbacks and related standards
equal or exceed minimum requirements.
B. A finite list of uses is not provided, however, only uses permitted in the I-1 District
are proposed. A limited number of these is proposed for elimination from the
development.
C. An entrance sign 8' x 20" for general site identification is proposed at the main
entrance.
ry D. A general inventory of on-site vegetation has been provided. Currently, the site
consists of a mixture of loblolly pines, oaks and sweetgums. A specific inventory of
protected trees will be required prior to any lot clearance.
E. Traffic generation: The applicant estimates that the site will generate 11.3 vehicle
trips per acre during weekdays.
F. No minimum lot size is required by the ordinance. The site plan indicates that the 12
lots proposed will range in size from 1.75 acres to 4.8 acres.
G. The site is not within the 100 year flood plain.
H. Individual structures are not sited for each lot; instead, an illustration is provided that
depicts a worse case scenario: a four story building with a footprint of approximately
130' x 55'.
I. The site plan also shows all existing easements that encumber the property.
4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy
the third general requirement listed in the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a public necessity. In support of this
conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The proposed project is adjacent to Pumpkin Creek Acres, a small single family
subdivision. To preserve the integrity of that project, the applicant proposes to leave
a 60 foot strip of land to serve as natural buffer from planned industrial uses. This
strip would be in addition to other setback and buffer standards applied for uses on
the planned industrial lots.
B. Other nearby properties are either zoned B-2 Business, vacant, encumbered by a
major electrical transmission line, or in the path of the proposed Wilmington By-pass.
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. A variety of land uses is located in the general area. The site is adjacent to residential
uses and a partially developed B-1 Business District. The site is also near
Northchase's industrial park, a sewage treatment plant, a major electrical transmission
line and substation, a major interstate and part of the route for the planned
Wilmington By-pass.
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 applicable federal, state and local laws.
2) Provide a 40 ft. buffer adjacent to residential property areas regardless of
whether a"residential use" is in place (specifically, Section 1 and 2, Pumpkin
Creek Acres).
3) Provide an additional 60 ft. restricted use area adjacent to Lots 1-11/Block 6
and Tract B/Block 5 of Section 2 Pumpkin Creek Acres.
4) The following permitted uses in the I-1 district shall be eliminated for
consideration to the Conditional Use District:
a) Livestock Wholesaling
b) Livestock Feedlots
c) Dry Cleaning/Laundry Plant
d) Stables
e) Septic Tank Vacuum Service
0 Demolition/Landscape Landfill
g) Adult Entertainment Establishments
h) Guided Missiles and Space Vehicles
5) Restrictive covenants will be recorded which govern architectural appearance
(building styles and materials)
6) The following uses in rear and side yards shall be shielded from view from the
property line of the residential use by means of a 100% opaque screening.
- Dumpsters
- Outside storage areas
-Loading/unloading areas
7) Outside light fixtures shall be shielded in such a manner that light from the
fixture will not directly radiate into the residential use buffer strip or beyond.
8) Subsequent development in the Conditional Use Zone will require strict
adherence to the companion Special Use Permit. (No building permit shall be
issued otherwise.) The Inspections Director shall enforce this provision.
9) Restrictive covenants and architectural review will be conducted/enforced by
the property owner and/or association.
10) Maximum building height of 40 feet.
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Ordered this 5th day of December, 1994.
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, . .., - L q: Robert G. Greer, Chairman
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Attest
Ckkto the Board
Affirmation this day of , 199 .
Applicant
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
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ORDER GRANTING A SPECIAL USE PERMIT
IN A CONDITIONAL USE ZONING DISTRICT
Retail Nursery, Gift Ship and Enlarged Sign
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The County Commissioners for New Hanover County having held a public hearing
1 on December 5, 1994 to consider application No. Z-514 submitted by Mildred Gantt, a request for
a Special Use Permit in a Conditional Use Zoning District to use the property located at 6315
1 Carolina Beach 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 1. The County Commissioners FIND AS A FACT that all of the specific requirements
Iset forth in Sections 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the
property is developed in accordance with the plans submitted to the County Commissioners.
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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 will utilize an existing well and septic tank for water and sewer services.
B. The site is located in the Myrtle Grove VFD District
C. The property has direct access to Carolina Beach Road. No modifications to
existing driveway connections are anticipated
D. The facility does not process, sale or store any known hazardous wastes or
chemicals.
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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 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. A site specifying existing and planned uses has been submitted
B. Setbacks, off-street parking signage and related design requirements can be met.
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C. The minimum area needed to establish a free-standing B-2 District 5 acres. The site
contains 5.6 acres.
D. No specific development schedule is known.
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E. The site is not located within the 100 year Flood Plain.
F. No estimated traffic counts are provided, however, the total area of existing and
planned commercial square footage would not create high volumes of traffic.
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. There are very few residential structures in the general area. The applicant lives in
a house located behind the gift shop.
B. The gift shop has been in operation for a number of years.
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. Most adjoining lands are undeveloped. Other uses in the general area include a
church, convenience food store, shopping center and scattered residential uses.
B. Except for the small addition, the proposed activities would be located in the existing
gift shop.
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.
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Ordered this 5th day of December, 1994.
4- Robert G. Greer, Chairman
Attest: � ,
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K I Clerk to the Board
Affirmation this 1 34\day of DEGEin ile ,
1994.
Applicant
4,74Sety-&„Qy
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER REVISING A SPECIAL USE PERMIT
Add One Duplex
The County Commissioners for New Hanover County having held a public hearing on
December 5, 1994 to consider application number S-344, 10/92, revised 12/94, 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.
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 duplex is located on a parcel that has direct access to Greenville
Avenue.
B. The unit will be served by County sewer and private water.
C. The site is located within the Seagate VFD.
D. There are no special site design limitations that affect drainage.
E. The site is not located in the 100 year flood plain.
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. Duplexes are permitted by special use permit in the R-10 District on lots at least
15,000 square feet in size. This property is zoned R-10 and the total tract exceeds
75,000 square feet.
B. Adequate area is available to provide for the minimum number of off-street parking
spaces.
No special buffering or fencing is required
4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy
the third general requirement listed in the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a public necessity. In support of this
conclusion, the Commissioners make the following FINDINGS OF FACT:
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A. There are four duplexes already on the site.
B. A variety of housing styles can be found in the general area.
C. No documentation has been provided to indicate that duplexes on this site have been
detrimental to the 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. A variety of housing styles can be found in the area, including mobile homes,patio
homes, duplexes, and single-family dwellings.
6. Therefore, because the County Commissioners conclude that all of the general and
specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT
IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in
the Ordinance for the proposed use, as well as any additional conditions hereinafter
stated
B. If any of the conditions imposed by this special use permit shall be held invalid
beyond the authority of this Board of Commissioners by a court of competent
jurisdiction, then this permit shall become void and of no effect.
C. Other:
I) All other applicable federal, state and local laws.
2) Site plan as submitted.
Ordered this 5th day of December, 1994.
„k+131rVElit" ili61/64Z -
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. 40...., , ...A. Robert G. Greer, Chairman
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Attest: NOiti*cs*
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to the Board
^ 0.1:ret-- 444/2 4.-4-1 AP
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA c
ORDER GRANTING A SPECIAL USE PERMIT
Private Club/Motorcycle Club
The County Commissioners for New Hanover County having held a public hearing on
December 5, 1994 to consider application number S-369, submitted by Bessie Haywood , a request
for a special use permit to use the property located at 8929 Stephens Church 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 72-12 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 club would be located in an existing building that is served by an
individual well and septic tank.
B. The site is located in the Ogden VFD District.
C. The site has direct access to Stephens Church 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. Membership organizations and social organizations are permitted by special use
permit in residential districts. The subject parcel is zoned R-15 Residential.
B. All sites must be no less than two acres in size. The subject parcel encompasses 2.29
acres. (100'x 10009
C. The minimum front, side and rear yard setbacks shall be 50 feet. The club will be
located in an existing 25'x 80'building. This building does not currently meet the
minimum setbacks imposed for this type of use. The existing front yard setback is 30
feet and the side and rear yards have not been determined Because the lot is only
1 100'wide and the building is 25'wide, it would be impossible to comply with side
yard setbacks.
D. No specific standards exist for minimum off-street parking The site plan submitted
shows about 93 spaces can be provided
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E. The applicant proposes to erect a free-standing "port-o-sign"32 square feet in size.
(4'x 8') No specific standard is prescribed by the ordinance.
F. No data are presented outlining provisions for food, refreshments or entertainment.
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 club will be located in an existing building. This building has historically been
used by local residents as a community center.
B. No evidence has been presented to indicate that the building as it presently exists or
as it is intended to be used will undermine property values.
5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy
the fourth general requirement listed in the Ordinance; namely that the location and character of the
use if developed according to the plan as submitted and approved will be in harmony with the area
in which it is to be located and in general conformity with the plan of development for New Hanover
County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT:
A. Except for the building in question, the majority of land uses in the area consists
primarily of older single family structures and 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.
C. Other:
1) All other applicable federal, state and local laws.
2) The premises may not be used in such a manner that creates a public
nuisance.
3) The site identification shall be a ground sign not to exceed 12 square feet in
area and six feet in height.
4) The Fire Marshall shall inspect the building and rate it for maximum
occupancy.
5) Off-street parking shall be landscaped pursuant to existing zoning
requirements.
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6) A formal charter outlining organizational and membership requirements
shall be filed with the County.
7) The building must be inspected to satisfy building code requirements.
Ordered this 5th day of December, 1994.
coG
*` - Robert G. Greer, hairman
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O"Norte'.
Attest:
Cl to the Board
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