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Special Use Permits STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT General Office, Medical Offices, Personal Services The County Commissioners for New Hanover County having held a public hearing on January 3, 1995, to consider application No. Z-520 submitted by Rudie Malpass, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located at 649 Piner 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 71-1(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. 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 access directly to Piner Road. B. The site is located within the Myrtle Grove VFD. C. County sewer is available to serve the site. Water service could be provided either by private well or existing community systems in the area. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan has been submitted as required by the Zoning Ordinance to establish a conditional use district. 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 conclusion, the Commissioners make the following FINDINGS OF FACT: A. Increased setbacks and wider buffers would provide some visual relief to the existing residence on the west side of the property. B. The presence of the Wal Mart center and other retail uses would not be impacted. { g 5. 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 I area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i i A. There is a wide variety of land uses in the area two churches, a middle school, a large shopping center, and single-family residential uses. Land to the north was recently platted for residential development. Land to the east is vacant. 1 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 1 IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED t 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. I C. Other: All other applicable federal, state and local laws. D. Site plan as submitted. Ordered this 3rd day of January, 1995. Pr0VER co - ,4,9-A4..... , r.,_,, ,..L -,, * Robert G. Greer, Chairman 9otIY0;71fT itev I Attest: 4FNOR0G' Cl k to the Board 1 1 Affirmation this day of , 1995. i Applicant I p}}3 742c-_400,4 *7) 9 1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT SALES AND SERVICE OF GAS GRILLS The County Commissioners for New Hanover County having held a public hearing on January 3, 1995, to consider application No Z-521 submitted by Charles Mattes to consider a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on 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 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. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in the Myrtle Grove VFD. B. The property has direct access to Carolina Beach Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan pursuant to the requirements set forth for conditional zoning has been submitted. The plan details existing conditions and planned improvements. B. The proposed use is permitted by right in the B-1 Zoning Classification. 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. Adjacent property to the north is used as a convenience food store and gasoline sales. B. Buffering is proposed to limit impact on nearby lots in Monterey Heights. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the . . 1 _ k i r 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 1 County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. There is a wide variety of land uses along the immediate road frontage. These include: two gift shops, a church, a convenience food store and retail uses associatd with commercial districts located North and South of the subject parcel. 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 1 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 I 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. I D. Site plan as submitted E. No storage of gas can occur outside fenced area marked on the plan. i i Ordered this 3rd day of January, 1995. id..../A .A..., , ietW''SEIV;Iii% 1 *f '.;�;. t Robert G. Greer, Chairman 1 Attest: ,.,�„„. • ®FNoR?NG' 1111PAIAA.t._ , ALtJ,_4A 1 Cl- . to the Board 1 1 Affirmation this day of 1995. Applicant t C 1 \wpdoc\zoning\sup-ord.frm I I I STATE OF NORTH CAROLINA , COUNTY OF NEW HANOVER 1' I I ORDER GRANTING A SPECIAL USE PERMIT 1 IN A CONDITIONAL USE ZONING DISTRICT P I , ; The County Commissioners for New Hanover County having held a public hearing ! on to consider application No Z-518 submitted by Landmark, a request for a Special Use Permit in , a Conditional Use Zoning District to use the property located on North College Road, and having i I heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF i t FACT and draw the following CONCLUSIONS: i I i f 1. The County Commissioners FIND AS A FACT that all of the specific requirements i t set forth in Section 71-1(3)and 72 of the County Zoning Ordinance WILL be satisfied if the property i 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 satisfy i the first general requirement listed in the Ordinance; namely that the use will not materially endanger t 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 I FINDINGS OF FACT: r t t A. The site is located in the Wrightsboro VFD District. 1 i B. The site has a 10,000 gpd allocation for County sewer. Water will be provided by L i private sources. C. The site has access to N. College Road and Farley Drive, all state-maintained roads. 1 D. Industries which create excessive smoke, airborne debris, dust and other obnoxious 1 t discharges are not permitted. 1 I 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy F ( the second general requirement listed in the Ordinance; namely that the use meets all required i i conditions and specifications. In support of this conclusion, the Commissioners make the following I FINDINGS OF FACT: I A. A site plan per requirements of the conditional use zoning process has been submitted. 1 B. Setbacks and buffering standards equal or exceed the minimum standards required for f t these types of uses. , , 1 1 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy t the third general requirement listed in the Ordinance; namely that the use will not substantially injure I 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: 1 1 1 f ; t f ! i i i 1 t fi A. The applicant proposes to establish a minimum 50' foot buffer around the project except where the site fronts S. College Road and the shopping center property. B. The applicant proposes to limit building heights to 35'. C. The applicant also proposes to establish restrictive covenants controlling architectural design of buildings, the placement of outside storage, the location of dumpsters and loading areas, and the orientation of outside lighting. D. Access points will be limited. 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in close proximity to the New Hanover County International Airport and is adjacent to a mid-sized strip commercial center. The site is also traversed by a 170'wide overhead electric utility easement. 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. 1) Other: All other applicable federal, state and local laws. 2) Items 1-7 outlined on the site plan. e t: ? t; 3 E i f , 1 Ordered this 6th day of February, 1995. 5 i .- ...-0117 ih,w, 44A44/ Ct\t'14- i v1 * j * Robert G. Greer, Chairman a ` Attest: °PMORTN�� i 410, ' / Ar..._ A.- . 41?ii �- I C , k to the Board Affirmation this day of , 1995. E k G i f 3 ! E Applicant i Y S f i i f f E t } t S i t S `: P3, } { `t ti t. 1 COUNTY OF NEW HANOVER z STATE OF NORTH CAROLINA G I ORDER GRANTING A SPECIAL USE PERMIT Child Day Care ¢ The County Commissioners for New Hanover County having held a public hearing on i February 6, 1995, to consider application number S-370, 1/95, submitted by Kathryn Warner, a request for a special use permit to use the property located at 109 North Hampton Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: p 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. E 2. It is the County Commissioners' CONCLUSION that the proposed use DOES t; 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 1 following FINDINGS OF FACT: A. The site has direct access to Hampton Road. B. The site is located in the Winter Park VFD district. C. The site is already served by adequate water and sewer. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES t 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 i } following FINDINGS OF FACT: A. In-home child day care service is permitted by right in residential districts. This property is zoned R-15. B. Adequate land area is available to meet minimum off-street parking requirements. k C. Drop-offs and pick-ups can be made without backing into the street. D. A fenced play area at the rear of the structure is provided. F 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public s. necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The owner has operated a registered day care service(five or fewer children)m this home for a number of years without record of complaint from adjoining property owners. t t igg E 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. No exterior improvements are planned for the existing house that would cause it to look different than similarly situated 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 applicable federal, state and local laws. Ordered this 6th day of February, 1995. ER ca,, :W E Robert G. Greer, Chairman / al Attest: qrF 4 N:Y,14 ^1," s. Nn 1 Cle k to the Board \wpdoc\zoning\sup-ord.frm { fi i i COUNTY OF NEW HANOVER , STATE OF NORTH CAROLINA i ° ORDER GRANTING A SPECIAL USE PERMIT i 1 Child Day Care i The County Commissioners for New Hanover County having held a public hearing on f February 6, 1995, to consider application number S-371, 1/95, submitted by Jonathan Barfield, a request for a special use permit to use the property located at 219 Hargrove Drive and having 1 heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF t i FACT and draw the following CONCLUSIONS: I i i 1. The County Commissioners FIND AS A FACT that all of the specific i i 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. i i 2. It is the County Commissioners' CONCLUSION that the proposed use DOES t' , satisfy the first general requirement listed in the Ordinance; namely that the use will not materially i endanger the public health or safety if located where proposed and developed according to the i plan as submitted and approved. In support of this conclusion, the Commissioners make the i i following FINDINGS OF FACT: i 1 A. The site has direct access to Hargrove Drive. F , B. The site is located in the Ogden VFD District. 1 C. The site is already served by adequate water and sewer. i 3. It is the County Commissioners' CONCLUSION that the proposed use DOES t i 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: z i A. In-home child day care service is permitted by right in residential districts. This i property is zoned R-15. t B. Adequate land area is available to meet minimum off-street parking requirements. f C. Drop-offs and pick-ups can be made without backing into the street. i D. A fenced play area to the rear of the structure will be provided per local and state , k requirements. r i 4. It is the County Commissioners' CONCLUSION that the proposed use DOES i 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 i necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The proposed facility would be located to the rear of the existing dwelling in an i expanded area of the garage. The facility will house up to ten (10) children, making impact on the surrounding land uses minimal. ! , i i i 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. Expansion of the existing residence is planned to accommodate the service, however, exterior improvements should be consistent with existing house styles and architectural features. 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. 1. All other applicable federal, state and local laws. 2. The maximum number of children cared for cannot exceed ten(10) and must be between the ages of 0 to 4. 3. No more than one-half the children can be in the outside play area at any given time. 4. The outside play area shall be enclosed with a six (6) foot high wooden fence. 5. No outside play before 8:00 a.m. or after 5:00 p.m. Ordered this 6th day of February, 1995. w 'E ate;�` /?#LA,--- 4,.. A: `�;" :a �` Robert G. Greer, Chairman * : t Attest: .9rF o rgi.. ,for,j3 dr C, / Cle k to the Board } { { i, , .. ollit)60,4i/AY gar., /6 f . i , I STATE OF NORTH CAROLINA i 1 COUNTY OF NEW HANOVER i ORDER GRANTING A SPECIAL USE PERMIT I IN A CONDITIONAL USE ZONING DISTRICT i ! 1 I 1 The County Commissioners for New Hanover County having held a public hearing on t , March 9, 1995,to consider application No. Z-525 submitted by Joel Tomaselli, a request for a Special , Use Permit in a Conditional Use Zoning District to use the property located on Eastwood Road west i of Southerland Avenue, and having heard all the evidence and arguments presented at the hearing, make , the following FINDINGS OF FACT and draw the following CONCLUSIONS: p I , , 1. The County Commissioners FIND AS A FACT that all of the specific requirements set i forth in Sections 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the property is ' I developed in accordance with the plans submitted to the County Commissioners. f i 4 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the , r 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 , I approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 i A. The site has access to adequate water and sewer services. i i B. The site is located within the Seagate VFD District. i C. The site has direct access to Eastwood Road. The plan also calls for the installation of l road tapers to improve access to the site t 4 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: t k 1 A. A site plan pursuant to the Ordinance has been submitted. i B. Development of the site can be accomplished if the developer opts to utilize the !, mitigation option of the SHOD for setback reductions. C. All other setbacks can be met. D. It appears protected trees will be preserved to the greatest extent practical, with many i being incorporated into the design of the project. i 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the i i 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 i , conclusion, the Commissioners make the following FINDINGS OF FACT: , i A. The site plan calls for the preservation of a substantial portion of the natural vegetation found along the western boundary adjacent to Lion's Gate. This is to serve as a buffer , , for that project. Additional plantings along that boundary could provide increase visual , ; 1 t and physical 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 Ft 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: ti 5 A. The proposed retail office facility is immediately adjacent to Plaza East Shopping Center, a mid-sized retail facility. t B. Property to the south is vacant, while property to the west is developed with attached dwelling units. C. The site has direct frontage along the south side of Eastwood Road, a major f thoroughfare. i 6. Therefore, because the County Commissioners conclude that all of the general and c 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 1 this permit shall become void and of no effect. C. Other: 1) All other applicable federal, state and local laws. k 2) Remove from site plan one of the two ground signs. °' 3) Establish a maintenance agreement that the owner or his successors maintain the planned stormwater retention pond. 4) Land uses be limited to miscellaneous retail per B-1 District use limits and offices. s Ordered this 9th day of March, 1995. t 1., 01,1°A fZlitA — i * Robert G. Greer, Chairman Attest: "1" ' °Ne..., , Ilk.t..— • A:.i..1 0P.NORM i •rk to the Board Affirmation this day of , 1995. rt 1 Applicant #' ti 1 ti f /ft 5' to , { j 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 March 9, 1995, to consider application number S-372, submitted by Sharon Skipper, a request for a special use permit to use the property located at 654 Windemere Road and having heard all the 1. evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: i 1. The County Commissioners FIND AS A FACT that all of the specific `' requirements set forth in Section 72-20 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. s t 5 2. It is the County Commissioners' CONCLUSION that the proposed use DOES t satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i r A. The site has direct access to Windemere Road. B. The site is located in the Seagate VFD district. C. The site is currently served by adequate water and sewer. g D. The owner now operates a registered day care service (five or fewer children). i 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Child day care is permitted by special use permit in the R-15 Residential District. The site is zoned R-15. B. The Ordinance places no maximum on the number of children that can be cared for. The applicant proposes to serve a maximum of eight children--five full time and three after-schoolers. C. A site plan pursuant to the Ordinance has been submitted. Adequate area is s available to accommodate off-street parking and the outside play area. 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 sub- stantially 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 � 3 { 7 1 3 !3 1 I E 1 1 , ti A. No exterior improvements or alterations are planned. I 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 1 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: x' 1 A. There are no other day care facilities nearby. B. The applicant has operated a registered day care service at this site without any record of complaint from neighbors. i 6. Therefore, because the County Commissioners conclude that all of the general and I specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, 1 IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: f: 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. 1 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 I jurisdiction, then this permit shall become void and of no effect. C. Other: 1) A maximum of eight (8) children is authorized. 2) Site Plan as submitted. F Ordered this 9th day of March, 1995. _3NOVER en, `"*, 1I' ~�� Robert G. Greer, Chairman *f a. , , . ..x Attest: ii,;1" w sr = 0pNOW0 - to the Board F 3 t 8 3 *Upetiltt,og14 1/, /,9s 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA I ORDER GRANTING A SPECIAL USE PERMIT i t A Mobile Home (Single-wide) The County Commissioners for New Hanover County having held a public hearing on April 3, 1995, to consider application number S-373, submitted by Major Grady , a request for a special use permit to use the property located on the West side of Castle Hayne Road, 700 feet North of Rockhill Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the ii 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 US 117 via a private easement. B. The site is located in the Wrightsboro VFD district. C. The mobile home will be served by individual wells and septic tanks. A permit for each has been issued by the Health Department. f' 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. Mobile homes are permitted by special use permit conferment the R-20 Residential District. The site is zoned R-20. 1 B. The lot complies with the minimum lot size of the R-20 District and the minimum t yard setbacks can be met. C. Adequate area is available to meet off-street parking requirements. 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES t 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 t FACT: A. A mixture of housing styles is located in the area, including mobile homes. { s i 1 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 c' 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. Two mobile homes are t located on adjoining property. Each were issued a special use permit. t 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 k 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 I ' stated. I 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. i i C. Other: All other applicable federal, state and local laws. Ordered this 3rd day of April, 1995. 4 pVERC , 46 ,,Al 4 i. • ', . , . Robert G. Greer, Chairman r ,....... i Attest: c o '"°""'"' 1 NOW I 3 b 1 Cl k to the Board i z 2 i i ' J 3 I 8 gi....-e-:_i-i9440. .Py. ('-1- - i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT A Mobile Home The County Commissioners for New Hanover County having held a public hearing on April 3, 1995, to consider application number S-374, submitted by David 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: f 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 t 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: F t A. The site has direct access to Oakley Road. B. The site is located in the Wrightsboro VFD district. C. The mobile home will be served by individual wells and septic tanks. i 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Mobile homes are permitted by special use permit conferment in the R-20 Residential District. The site is zoned R-20. B. The lot complies with the minimum lot size of the R-20 District and the minimum yard setbacks can be met. The site has 73,460 square feet C. Adequate area is available to meet off-street parking requirements. 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 t FACT: A. A mixture of housing styles is located in the area, including mobile homes. B. Adjoining property owners support the use. i 1 i 1 : g' p1.. Y: I b- 5. It is the County Commissioners' CONCLUSION that the proposed use DOES i. satisfy the fourth general requirement listed in the Ordinance; namely that the location and E 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 k the following FINDINGS OF FACT: i A. Mobile homes are located throughout the general area, as well as double-wides on permanent foundations and site built homes. There are over 34 single-wide mobile i homes in the general area and a host of rental properties. B. Mobile home is not very visible from the road. C. There are few large site built homes in the general area. r' i 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, t 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. t i 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 federal, state and local laws. k 2. Installation of planted buffer along front and rear of the mobile home as follows: i a) Six foot vegetative buffer between easement access and Northwest corner of garage building (front) b) Vegetative buffer per the requirement of Section 67 of the Zoning Ordinance (rear yard) Ordered this the 3rd day of April, 1995. liA54-....— f . ovER co, Robert G. Greer, Chairman . 4,7,floLlItkv4;„ ki,A ,iitc,,,k A ! . A• • 14 v 1 7,4'--- re.r wi� i .r 1 e I P/ f• 1, /9f5 AP :Dok„7,1 _ 3 i i COUNTY OF NEW HANOVER i` STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Mini-Warehousing and Offices The County Commissioners for New Hanover County having held a public hearing on , May 1, 1995, to consider application number Z-510, submitted by Phillip Owensby, a request for a special use permit to use the property located at 2016 Farley Drive and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and k draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific ¢' requirements set forth in Section 71-1(3) 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. 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 g plan as submitted and approved. In support of this conclusion, the Commissioners make the =' following FINDINGS OF FACT: A. The site has access to Farley Drive. B. The site is located in the Wrightsboro VFD district. C. Planned land uses(mini-storage and offices)pose no special environmental or related i hazards for the area. 7 3. It is the County Commissioners' CONCLUSION that the proposed use DOES I 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: i A. A site plan pursuant to the Zoning Ordinance has been submitted. B. Setbacks,buffering,building heights,and related design standards are generally met. 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 substantially injure the value of adjoining or abutting property, or that the use is a public 1 necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Land to the south and east was recently approved for a small industrial park. B. Property to the north is currently used for retail purposes. k C. A small mobile home park is located west of the site. 1 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. There are residential uses nearby,however recent rezoning on adjoining property and existing commercial uses next door indicate that the land in question is in a state of transition. 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) Site plan as revised by the Planning Board, attached hereto. Ordered this 1st day of May, 1995. ,ovEit co* ,e-w-4111_1•„a+, 4.414;%11-'1; Robert G. Greer, Chairman */ 7 Attest: Op ottle- C -rk to the Board Affirmation this day of , 1995. Applicant 1,z_, 4 y /97s S'KP $ook.:22::: COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Child Day Care (8 children) The County Commissioners for New Hanover County having held a public hearing on July 5, 1995 to consider application number S-375, 6/95, submitted by Cathy Weaver, a request for a special use permit to use the property located at 1214 Sidney Drive and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-20 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No upgrade to the existing water and sewer system will be required. B. The site has direct access to Sidney Drive 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 Residential. Child day care is permitted by special use permit conferment in this district. B. Adequate area is available to meet off-street parking requirements. C. With some minor improvements, ingress and egress to the site can be arranged so that pick-ups and drop-offs can be made without backing into the street. Either a "T" turnaround or a circular drive will be used. D. No signage is proposed. E. A fenced play area is located to the rear of the house. 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: } i i A. No evidence has been presented to indicate that an in-home child day care service will diminish property values. B. The applicant states in his application that his property value has risen $37,500 in the last fifteen years. During that same period, a small child day care service has been in operation at the site. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No exterior improvements will be made to the existing dwelling. B. Child day care services have been provided at this site for the last fifteen years without record of complaint. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. ti B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. } C. Other: All other applicable federal, state and local laws. Ordered this 5th day of July, 1995. l 4i". pt• Robert G. Greer, Chairman z i z y c Attest: - .._►V' Cl to the Board 64_ i /at- elf 3; //IS 91$ i . , , COUNTY OF NEW HANOVER ; STATE OF NORTH CAROLINA , , ORDER GRANTING A SPECIAL USE PERMIT , Child Day Care (112 children) ! z The County Commissioners for New Hanover County having held a public hearing on ; , July 5, 1995, to consider application number S-376, 6/95, submitted by Joey Gebbia, a request for i , , t a special use permit to use the property located at 6320 Carolina Beach Road and having heard all i the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT I and draw the following CONCLUSIONS: t t 1. The County Commissioners FIND AS A FACT that all of the specific t requirements set forth in Section 72-20 of the County Zoning Ordinance WILL be satisfied if the : t 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 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 it following FINDINGS OF FACT: 1 A. The site has limited access to Carolina Beach Road. t B. Water and sewer would be provided from on-site sources. i i 3. It is the County Commissioners' CONCLUSION that the proposed use DOES t t satisfy the second general requirement listed in the Ordinance; namely that the use meets all I required conditions and specifications. In support of this conclusion, the Commissioners make the 1 following FINDINGS OF FACT: t : , A. The property is zoned R-15 Residential. Child day care is permitted by special use t 1 permit in this district. t f B. The site consists of two acres. Adequate land area is available to accommodate i t off-street parking. 1 t t C. Ingress and egress can be provided such that pick-ups and drop-offs can be made r without backing into the street. i D. A site identification sign is shown on the plan. The maximum square footage of the sign cannot exceed 12 square feet. E w 1 E. A fenced play area is proposed at the rear of the building. f 1 f L 4. It is the County Commissioners' CONCLUSION that the proposed use DOES t i satisfy the third general requirement listed in the Ordinance; namely that the use will not 1 substantially injure the value of adjoining or abutting property, or that the use is a public t necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF t FACT: 1 fr , i i 1 J t , . 5 i , 1 I . A. With the exception of houses located at the western end of the site in Monterey t ! Heights Subdivision, the are no residential uses nearby. The applicant proposes a t ! setback of 195 feet from the adjacent subdivision. A planted buffer 27 wide is proposed along the common property line of the subdivision. i 5. It is the County Commissioners' CONCLUSION that the proposed use DOES t I satisfy the fourth general requirement listed in the Ordinance; namely that the location and I character of the use if developed according to the plan as submitted and approved will be in t harmony with the area in which it is to be located and in general conformity with the plan of I' development for New Hanover County. In support of this conclusion, the Commissioners make ' the following FINDINGS OF FACT: t i I A. There are numerous commercial activities in close proximity to the proposed day , I care center. Further south is a mid-sized shopping center. B. The size and scale of the day care center would be compatible with existing i 1 commercial structures and those currently under construction. , 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, 1 , IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE i I GRANTED subject to the following conditions: t t I , A. That the applicant shall fully comply with all of the specific requirements stated in , t the Ordinance for the proposed use, as well as any additional conditions hereinafter t t stated. i f B. If any of the conditions imposed by this special use permit shall be held invalid I k beyond the authority of this Board of Commissioners by a court of competent I I jurisdiction, then this permit shall become void and of no effect. 1 t 1 C. Other: it 1) All other applicable federal, state and local laws. Y ! 2) Post one-way signs to direct traffic around circular drive. t 3) Erect "No Entrance" sign at southernmost driveway entrance. i t I Ordered this 5th day of July, 1995. L 5 ' t ,L0111. if% t ifj 11 ..•- . / 44 . t , *r V* Robert G. Greer, Chairman I i ,„ ( t Attest: t i t C-X,/ t t Cl6rk to the Board , t , , t i 711 toesk,= ti COUNTY OF NEW HANOVER t STATE OF NORTH CAROLINA , t t P ORDER DENYING A SPECIAL USE PERMIT t Child Day Care Center t t t The County Commissioners for New Hanover County having held a public hearing on July 5, 1995, ; to consider application number S-377, 6/95, submitted by Pam Sigmon , a request for a special use permit 1 to use the property located at 6230 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 t , , CONCLUSIONS: [ f , - f 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 t p t accordance with the plans submitted to the County Commissioners. 1 i 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy . f 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: 1 1 I A. The difficulty of motorists entering and exiting the site would jeopardize public safety. 1 , B. The limited access from 421 and the need to cross over the median would cause traffic problems. i 3. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy 1 the fourth general requirement listed in the Ordinance; namely that the location and character of the use if 1 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 t t support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i t i A. The proposed use would not be in harmony with the intent of the development plan for t Beau Rivage, which is a private residential community. t i 4. Therefore, because the County Commissioners conclude that all of the general and specific t 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. , ! i Ordered this 5th day of July, 1995. I 4 , •„...,-.!, .6 *0 .1)* Robert G. Greer, Chairman ; f v.- -,../-■ Attest k : ...-:_::,,,,;irte, / 41,40 • ty , , 1 , 1 , i I STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Medical Office The County Commissioners for New Hanover County having held a public hearing on September 5, 1995,to consider application No. Z-522 submitted by Mike McLeod, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on the east side of N.C. 132, 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 71-1(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. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is located in the Myrtle Grove VFD. B. The site has direct access to S. College Road. C. Water and sewer service can be provided either from public or private sources. 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 proposed land use (medical office) is permitted in the Office and Institution Zoning District. B. A site plan pursuant to the general requirements for the establishment of conditional use districts has been submitted. C Based on the proposed building height, applicable setbacks for side and rear yards can be met. The front yard setback is also met. D. The minimum width buffers, which are predicated on the minimum required setbacks, can easily be established. E. Ninety-eight parking spaces are proposed, exceeding the minimum requirements imposed by the Zoning Ordinance. F. A site identification sign is proposed. k' 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third g eneral 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 applicant intends to provide additional buffering between the planned office s building and single family lots in located in Greenbriar Subdivision. 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover t, County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I i t A. Land uses in the area include Greenbriar Subdivision, a branch of the County Library, commercial activities clustered around Monkey Junction and across the street. 1 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) All other applicable federal, state and local laws. 2) Require the owner to keep records showing that the retention pond has been properly maintained on an annual basis. 3) That the ditch to the north be opened and connected to a ditch along the east side of N.C. 132 to provide an outlet for stormwater. These improvements must be in accordance with State and County standards. 4) That directional lighting on photocells be utilized so that after hours lighting does not impact adjacent residential properties. I Ordered this 5th day of September, 1995. 1 sopVE% 1 ' t ", '4' Robert G. Greer, Chairman . . .. _ , qt,*` Attest: ��°P�o °�� 49 l AiLA_ • 4 ___ __ Cl: k to the Board Affirmation this day of , 1995. • Applicant )(1‘ii}i - '61,/**>t- < STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Medical Office The County Commissioners for New Hanover County having held a public hearing on September 5, 1995,to consider application No. Z-522 submitted by Mike McLeod, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on the east side of N.C. 132, 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 71-1(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. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is located in the Myrtle Grove VFD. B. The site has direct access to S. College Road. C. Water and sewer service can be provided either from public or private sources. 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 proposed land use (medical office) is permitted in the Office and Institution Zoning District. B. A site plan pursuant to the general requirements for the establishment of conditional use districts has been submitted. C Based on the proposed building height, applicable setbacks for side and rear yards can be met. The front yard setback is also met. D. The minimum width buffers, which are predicated on the minimum required setbacks, can easily be established. E. Ninety-eight parking spaces are proposed, exceeding the minimum requirements imposed by the Zoning Ordinance. F. A site identification sign is proposed. x 3 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 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 applicant intends to provide additional buffering between the planned office building and single family lots in located in Greenbriar Subdivision. 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in 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. Land uses in the area include Greenbriar Subdivision, a branch of the County Library, commercial activities clustered around Monkey Junction and across the street. 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) All other applicable federal, state and local laws. 2) That annual certification be given to County Engineering that the on-site retention pond is functioning and is properly maintained. 3) That the ditch to the north be opened and connected to a ditch along the east side of N.C. 132 to provide an outlet for stormwater. These improvements must be in accordance with State and County standards. 4) That directional lighting be utilized and timers be installed so that after hours lighting does not impact adjacent residential properties. Ordered this 5th day of September, 1995. I V E�C 4I %of At� IPP �� Robert G. Greer, Chairman irr Attest:: C -rk to the Board Affirmation this day of , 1995. Applicant as • STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Hardware Store The County Commissioners for New Hanover County having held a public hearing on September 5, 1995 to consider application No Z-539 submitted by Allen Coward, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on Wrightsville 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 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. 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property has direct access to Wrightsville Avenue. B. The site is within the Seagate VFD. C. Adequate water and sewer services are available. D. The proposed use of the property for hardware sales is not significantly different in intensity than other non-residential uses in the area 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Preliminary site plan drawings indicate that the minimum setback, buffering, off-street parking, and other design standards can be met. 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A wide mixture of land uses are located nearby: mobile home park, older single- family dwellings, convenience store, shopping center and bank. 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 mobile home park is located to the south and west. A mid-sized shopping center is located across the street and a small convenience store/gas station is located to the east. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: 1) All other applicable federal, state and local laws. 2) That buffering be installed pursuant to Section 67 of the Zoning Ordinance. Ordered this 5th day of September, 1995. ***-41317 . * Robert G. Greer, Chairman Attest: Oki , Cl-rk to the Board Affirmation this day of , 1995. Applicant 1 )0)e."....a. -0-s1i.dc,t5 8 AC.AI /99_5' t I g t 1 f COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA I ORDER DENYING A SPECIAL USE PERMIT I: Child Day Care Center I, 1 The County Commissioners for New Hanover County having held a public hearing on October 2, 1 1995 to consider application number S-379,9/95,submitted by Katherine DePuydt,a request for a special 1 ; use permit to use the property located at 6801 Carolina Beach Road and having heard all the evidence and 1 arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following 1 CONCLUSIONS: 1 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth i in Section 72 of the County Zoning Ordinance WILL NOT be satisfied if the property is developed in 1 accordance with the plans submitted to the County Commissioners. / 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy 1 i the first general requirement listed in the Ordinance;namely that the use will not materially endanger the i public health or safety if located where proposed and developed according to the plan as submitted and 11 approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: ; I A. The difficulty of motorists entering and exiting the site would jeopardize public safety. 1 B. The Myrtle Grove VFD has documented that a number of traffic accidents have occurred at 1 or near this site. F I 3. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy i I the second general requirement listed in the Ordinance; namely that the use meets all required conditions and I specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 1 A. The proposed use would not be in harmony with existing land uses. I B. Expansion of the home for this use would result in the infusion of commercial activity into 1 the area. i 4. Therefore,because the County Commissioners conclude that all of the general and specific 1 conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE NOT been satisfied,IT IS i ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED. I Ordered this 2nd day of October, 1995. i 1 i 1 \* A 11 e or Robert G. Greer,Chairman 1 I , , Attest: op I 411,___.4.A.._ 1 ; l lerk to the Board ; i i i ! I I 1 , ' y , /9f5- I t t i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT I Community Boating Facility i The County Commissioners for New Hanover County having held a public hearing on November 6, 1995, to consider application number S-381,10/95 submitted by Cedar Island North Associates , a request for a special use permit to use the property located in Cedar Island North 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 of the County Zoning Ordinance WILL NOT be satisfied if i i the property is developed in accordance with the plans submitted to the County Commissioners. i t 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i A. Access to Cedar Island North Subdivision and Cedar Island is limited to a private one (1) lane road. This leaves the developed areas of these projects, which are already in a fragile environmental state, with limited access. i 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 use if developed according to the plan as submitted and approved will be in harmony with the area In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The proposed facility would be out of scale with smaller pier structures nearby. B. There are no other private facilities in the general area where slips are located right along the Intracoastal Waterway. I 4. Therefore, because the County Commissioners conclude that all 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. r e ♦ i t 1 Ordered this 6th day of November, 1995. o jai tt. 1.(4.4. 1.1.,... i Li ii.7ifit:#;`:,- 111 .i 1 A . _,* Robert G. Greer, Chairman, ., i Attest: °P I ipp/ • , i ,,„_,_ . Ai„..„ , Cl- k to the Board I I i 1 i I I 4 s I I i 1 tk i i E 1 . i k f 1 4 3 g1 g n I i , , ,• ,4:.z__%.?e44,4.,..2.5 i ■ COUNTY OF NEW HANOVER I STATE OF NORTH CAROLINA l ORDER GRANTING A SPECIAL USE PERMIT Expand Mobile Home Park- Add Two Spaces 1 The County Commissioners for New Hanover County having held a public hearing on November 6, 1995 to consider application number S-383, 11/95, submitted by John and Gladys Barnes, a request for a special use permit to use the property located at 6628 Market Street and E 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. Potable water is provided by an on-site well. Sewer is provided by the County. B. The site has access to Market Street via an existing 30 foot wide easement. C. The site is located in the Ogden VFD District. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES t 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 1 following FINDINGS OF FACT: 1 I I A. The site is zoned R-15. Mobile home parks are permitted by special use permit in this distirct. 1 B. All lots in the park equal or exceed 10,000 square feet. The new lot would be of similar size. The minimum lot size is 5,000 square feet for new spaces. C. The 75 foot setback requested along the perimeter cannot be met for units 12, 13, and 14. With some minor adjustments, it appears the only lots that would be able to meet the requirements at the of the Ordinance would be 11 and 15. The 75 foot setback does not apply to lot 11. D. Adequate area is available to ensure the minimum lot width and other dimensional setbacks are met. E. The unit will served by County sewer. Water will be from an on-site well. F. No specific buffering would be required. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES r i tE t 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: i i A. The units would be located in an mobile home park that has been in existence since 1972. The expansion can be accomplished within the existing park boundary. it 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: ti A. Land to the northwest is zoned commercial B. The unit would be located in an existing approved mobile home park. 6. Therefore, because the County Commissioners conclude that all of the general and I 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 November, 1995. _ 1:14.: ' *' Robert G. Greer, Chairman ‘re‘:--vir`: Attest: °Pk011 ( )v,.._ y7/A7a4i.,,e,c_ =the the Board . i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA i ORDER GRANTING A SPECIAL USE PERMIT Community Boating Facility(16 slips) i The Board of County Commissioners for New Hanover County having held a public hearing on i December 4, 1995 to consider application number S-378,submitted by CEG Associates,a request for a special use permit to use the property located at the east end of Towles 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 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: i t I A. Remnants of a smaller facility consisting of a small dock and boat ramp are evident. These t are part of the existing boat repair facility on the adjacent high ground. i B. Permits from both the Corps of Engineers and Coastal Management will be required. Some high ground excavation is proposed,though that disturbance wouldn't necessarily affect public health. C. The site is located in the Seagate Volunteer Fire Department District. I 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance;namely that the use meets all required conditions and 1 specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: I t A. Community boating facilities are permitted by right in the R-20 Residential District. This site is zoned R-20. B. The applicant will need appropriate environmental permits for the construction of this facility. C. The facility will be linked to a planned residential community and existing lots on adjacent highlands. A preliminary subdivision plan has been approved. The other three lots f are pre-existing parcels along Towles Road. The Ordinance prohibits having more boat slips than lots. D. Each lot or lots will be conveyed access to the facility. I E. No commercial activities are planned. F. Off-street parking is required at a ratio of one space per boat slip. The applicant i t I proposes to use a small off-street lot in addition to the normal parking at each individual residence.. 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. 1 i I {F In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Community boating facilities usually enhance the value of adjoining properties. B. Similar facilities are located nearby and arc common along waterfront communities. 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 throughout the area. B. Boating facilities like the one planned for this site are commonplace along the Intracoastal Waterway. 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 4th day of December, 1995. * Robert G. Greer,Chairman Attest: df NOE l-t{ Clerk to the Board 1 7 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT IN RE APPLICATION FOR SPECIAL USE PERMIT 7040-7102 WRIGHTSVILLE AVENUE CASE NO. S-382, 11-95 The Board of County Commissioners for New Hanover County having held a public hearing on December 4, 1995 to consider application number S-382, 11-95, submitted by ARC, L.L.P. , a request for a Special Use Permit to use the property located at 7040-7102 Wrightsville Avenue, Wilmington, North Carolina, 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 Board of 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 Board of County Commissioners . 2 . It is the Board of 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 three parcels fronting Wrightsville Avenue will be combined into one parcel with one entrance/exit. Therefore, the potential for several curb cuts will be eliminated and the safe flow of traffic onto and from the property will be facilitated. B. The entrance/exit will be sited for vehicle safety concerns as permitted by the North Carolina Department of Transportation. C. Most of the large trees on the site will be preserved and incorporated into the landscape plan which will provide a natural buffer between the parking area and the residential district. D. A sidewalk will be provided across the front of the property to encourage safe pedestrian movement. 3 . It is the Board of 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 parking on the three parcels in New Hanover County's R-15 district will be at ground level and will support a commercial building sited on an adjoining parcel zoned C-5 Commercial by the Town of Wrightsville Beach. The four parcels will be combined into one parcel, assuring that the parking facility will be dedicated to the support of the building. B. Access to the site will occur at one entrance/exit location adjacent to the building site from Wrightsville Avenue and not pass through a residential area. The entrance/exit location will be necessarily approved by the North Carolina Department of Transportation by permit. C. This site is contiguous with the side and back of the principle use site for more than 200 feet. The project surpasses the 25 feet minimum. D. The farthest point of the parking facility is no more than 150 feet from the boundary of the building site. The project is within the 200 feet limit. E. The nearest street right-of-way other than that of Wrightsville Avenue is Allen's Lane, and it is approximately 120 feet behind the back boundary of the property. The project surpasses the 50 foot setback requirement. F. The three parcels utilized for parking will be combined with the parcel for the building (principle use) so that parking will be available to support the building use. G. A 10 foot buffer from all residential properties is provided in the site plan to meet the provisions of Article VI, Section 67 of the New Hanover County Zoning Ordinance. H. All lighting will be located and designed so as not to reflect directly onto residential 2 properties . In addition, most of the large trees will be left on site to help shield lighting from nearby residential areas . 4 . It is the Board of 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: Based upon the inspection of the subject property and familiarity with the proposed development, Steven J. Warwick, a licensed real estate broker and real estate appraiser familiar with the area in which the development is to be located, has rendered an opinion that the proposed development will not substantially injure the value of adjoining or abutting property. There has been no contrary evidence submitted to this Board and the Board finds that there will be no such injury. 5 . It is the Board of 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 principle use is zoned C-5 Commercial which is established to permit light to medium neighborhood commercial use. This project is designed for offices or an office/retail mix that is allowed within the C-5 permitted uses . The adjoining property to the east is Cross Point Shopping Center with which this project would be in harmony as it would with the properties directly across the street (ABC Store and Taco Bell) . B. The developer will preserve and protect as many of the large trees on site as possible, much as was done at Bradley Oaks Professional Park at 6317 Oleander Drive. These trees help maintain the character of the area. Such an approach is in keeping with the Resource Protection land use classification described in the 1993 Land Use Update Plan as well as being in keeping with the intent of the Airlie Road study/plan performed by the New Hanover 3 County Planning Department a number of years ago. C. In that this site plan has preserved many of the large trees on the property, adhered to all required setbacks (surpassing most) , surpasses all landscaping requirements, and adheres to the County's planning policies, it is in harmony with the community and in conformity with the plan of development for New Hanover County. 6 . Therefore, because the Board of 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. 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 Commissions by a Court of competent jurisdiction, then this Permit shall become void and of no effect. C. The development shall comply with all applicable federal, state and local laws . Ordered this 4th day of December, 1995 . ROBERT G. GREER, Chairman ATTEST: PaIAL4D-ta- pu Clerk to the Board 4 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER IN RE APPLICATION FOR SPECIAL : USE PERMIT, 7040-7102 AFFIDAVIT OF GEORGE L. ALSINA WRIGHTSVILLE AVENUE • CASE NO. S-382 , 11-95 The undersigned, George L. Alsina, AIA, first being duly sworn, says : I am the principal in Alsina Architecture and I am licensed by the American Institute of Architecture and also by the State of North Carolina, License No. 2606 . I have been employed by ARC, L.L.P. and its principals in the design and development of the parcel referenced above. Throughout my engagement in this matter, I have been involved in the planning of the development and in preparing a plan for construction and improvement of the property in such a way as to satisfy the laws, rules and regulations imposed by the State of North Carolina, the Town of Wrightsville Beach and New Hanover County. Based upon my personal involvement in the plan of development of the property and my familiarity with the general plan of development, I have reviewed the plans and particularly the application for Special Use Permit to insure compliance with all applicable regulations . General Requirement #1 in the granting of a Special Use Permit for the proposed use requires a finding "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" . The plan complies with General Requirement #1 in that 1 . The three parcels fronting Wrightsville Avenue 4` will be combined into one parcel with one entrance/exit. Therefore, the potential for several curb cuts will be eliminated and the safe flow of traffic onto and from the property will be facilitated. 2 . The entrance/exit will be sited for vehicle safety concerns as permitted by the North Carolina Department of Transportation. 3 . Most of the large trees on the site will be preserved and incorporated into the landscape plan which will provide a natural buffer between the parking area and the residential district. 4 . A sidewalk will be provided across the front of the property to encourage safe pedestrian movement. The granting of a Special Use Permit further requires, in General Requirement #2 , "that the use meets all required conditions and specifications of the Zoning Ordinance" . The conditions of General Requirement #2 are met as follows : 1 . The parking on the three parcels in New Hanover County' s R-15 district will be at ground level and will support a commercial building sited on an adjoining parcel zoned C-5 Commercial by the Town of Wrightsville Beach. The developer intends to combine all four parcels into one parcel, assuring that the parking facility will be dedicated to the support of the building. 2 . Access to the site will occur at one entrance/exit location adjacent to the building site from Wrightsville Avenue and not pass through a residential area. The entrance/exit location will be approved by the North Carolina Department of Transportation by permit. 3 . This site is contiguous with the side and back of the principle use site for more than 200 feet. The project surpasses the 25 feet minimum. 2 4 . The farthest point of the parking facility is no more than 150 feet from the boundary of the building site. The project is within the 200 feet limit. 5 . The nearest street right-of-way other than that of Wrightsville Avenue is Allen' s Lane, and it is approximately 120 feet behind the back boundary of the property. The project surpasses the 50 foot setback requirement. 6 . The three parcels utilized for parking will be combined with the parcel for the building (principle use) so that parking will be available to support the building use. 7 . A 10 foot buffer from all residential properties is provided in the site plan to meet the provisions of Article VI, Section 67 of the New Hanover County Zoning Ordinance. 8. All lighting will be located and designed so as not to reflect directly onto residential properties . In addition, most of the large trees will be left on site to help shield lighting from nearby residential areas . { General Requirement #4 in the granting of the Special Use Permit requires a finding "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" . The conditions of General Requirement #4 are met as follows : 1 . The principle use is zoned C-5 Commercial which is established to permit light to medium neighborhood commercial use. This project will be designed for offices or an office/retail mix that is allowed within the C-5 permitted uses . The adjoining property to the east is Cross Point Shopping Center with which this project would be in harmony as it would with the properties directly across the street (ABC Store and Taco Bell) . 3 2 . It is the desire of the developer to preserve and protect as many of the large trees on site as possible, much as was done at Bradley Oaks Professional Park at 6317 Oleander Drive. These trees help maintain the character of the area. Such an approach is in keeping with the Resource Protection land use classification described in the 1993 Land Use Update Plan as well as being in keeping with the intent of the Airlie Road study/plan performed by the New Hanover County Planning Department a number of years ago. 3 . In that this site plan has preserved many of the large trees on the property, adhered to all required setbacks (surpassing most) , surpasses all landscaping requirements, and adheres to the County's planning policies, the developer believes that it is in harmony with the community and in conformity with the plan of development for New Hanover County. The foregoing is based upon my personal involvement in the plan of development for the subject property and my personal knowledge of the matters asserted. Respectfully submitted, this 39 day of November, 1995. o G ORGE ALSINA } 4 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I , en-cuj G. Wettr rtv\ , a Notary Public for said County and State, do hereby certify that GEORGE L. ALSINA personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this the .50 day of November, 1995 . •`,•.,.Sao•••,, 000000000 r• a • WQ.C.Le/YJ e • • NOTARY PUBLIC I r• My Commission Expires : Z PUMA Z• CfLtil ini ai000 '•''o DER Gov e { i£ yi 5 rt gyR STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER IN RE APPLICATION FOR SPECIAL : USE PERMIT, 7040-7102 AFFIDAVIT OF ROBERT JAMIESON WRIGHTSVILLE AVENUE CASE NO S-382, 11-95 The undersigned, Robert Jamieson, first being duly sworn, says : My wife Deborah and I , together with Bernard and Nancy Gutterman are the principals in ARC, L.L.P. , the developer proposing to develop that parcel of property located at 7040-7102 Wrightsville Avenue. The site contains a total of 61,605 square feet with 17 ,202 lying within the Town of Wrightsville Beach and 44,403 square feet lying within New Hanover County. The Wrightsville Beach property is zoned C-5 Commercial which permits office and retail use. The property within New Hanover County is zoned residential which permits parking for the permitted use subject to the granting of a Special Use Permit. The proposed development is for placement of a building containing 15,800 square feet for a combination of retail and office use with the building being located within the Town of Wrightsville Beach. The parking K for the subject use will be located within the County on the site subject to this Special Use Permit application. The number of parking spaces required by the Town of Wrightsville Beach for the development and which the developers will provide exceeds the number of parking spaces required by New Hanover County. Otherwise, the parking lot is subject to all applicable regulations 9 imposed by New Hanover County with which the developers will comply. General Requirement #1 in the granting of a Special Use Permit for the proposed use requires a finding "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" . The plan complies with General Requirement #1 in that 1 . The three parcels fronting Wrightsville Avenue will be combined into one parcel with one entrance/exit. Therefore, the potential for several curb cuts will be eliminated and the safe flow of traffic onto and from the property will be facilitated. 2 . The entrance/exit will be sited for vehicle safety concerns as permitted by the North Carolina Department of Transportation. 3 . Most of the large trees on the site will be preserved and incorporated into the landscape plan which will provide a natural buffer between the parking area and the residential district. 4 . A sidewalk will be provided across the front of the property to encourage safe pedestrian movement. The granting of a Special Use Permit further requires, in General Requirement #2 , "that the use meets all required conditions and specifications of the Zoning Ordinance" . The conditions of General Requirement #2 are met as follows : 1 . The parking on the three parcels in New Hanover County' s R-15 district will be at ground level and will support a commercial building sited on an adjoining parcel zoned C-5 Commercial by the Town of Wrightsville Beach. We intend to combine all four parcels into one parcel, assuring that the parking facility will be dedicated to the support of the building. 2 2 . Access to the site will occur at one entrance/exit location adjacent to the building site from Wrightsville Avenue and not pass through a residential area. The entrance/exit location will be approved by the North Carolina Department of Transportation by permit. 3 . This site is contiguous with the side and back of the principle use site for more than 200 feet. The project surpasses the 25 feet minimum. 4 . The farthest point of the parking facility is no more than 150 feet from the boundary of the building site. The project is within the 200 feet limit. 5 . The nearest street right-of-way other than that of Wrightsville Avenue is Allen' s Lane, and it is approximately 120 feet behind the back boundary of the property. The project surpasses the 50 foot setback requirement. 6 . The three parcels utilized for parking will be combined with the parcel for the building (principle use) so that parking will be available to support the building use. 7 . A 10 foot buffer from all residential properties is provided in the site plan to meet the provisions of Article VI , Section 67 of the New Hanover County Zoning Ordinance. 8 . All lighting will be located and designed so as not to reflect directly onto residential properties . In addition, most of the large trees will be left on site to help shield lighting from nearby residential areas . General Requirement #4 in the granting of the Special Use Permit requires a finding "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 3 J A f County" . The conditions of General Requirement #4 are met as follows: 1 . The principle use is zoned C-5 Commercial `` which is established to permit light to medium neighborhood commercial use. This project will be designed for offices or an office/retail mix that is allowed within the C-5 permitted uses . The adjoining property to the east is Cross Point Shopping Center with which this project would be in harmony as it would with the properties directly across the street (ABC Store and Taco Bell) . 1 2 . It is our desire to preserve and protect as many of the large trees on site as possible, _' much as was done at Bradley Oaks Professional Park at 6317 Oleander Drive. These trees help maintain the character of the area. Such an approach is in keeping with the Resource Protection land use classification described in the 1993 Land Use Update Plan as well as being in keeping with the intent of the Airlie Road study/plan performed by the New Hanover County Planning Department a number of years ago. 3. In that this site plan has preserved many of the large trees on the property, adhered to all required setbacks (surpassing most) , surpasses all landscaping requirements, and adheres to the County's planning policies, we believe that it is in harmony with the t community and in conformity with the plan of development for New Hanover County. The foregoing is based upon my personal involvement in the i I plan of development for the property and upon my personal knowledge of the matters asserted. t Respectfully submitted, this / day of November, 1995 . 1 Aer, /A RO: RT JAM Su „ ' s f 4 1 S 1 is STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, �4i,-Q1 0�/ors , a Notary Public for said County and State, do hereby certify that ROBERT JAMIESON personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this the iO day of November, 1995 . Y, 7 lar�✓G ,77 7 NOTARY PUBLIC My Commission Expires : /Vac) :28. 9000 gS 5 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER IN RE APPLICATION FOR SPECIAL : USE PERMIT, 7040-7102 AFFIDAVIT OF STEVEN J. WARWICK WRIGHTSVILLE AVENUE CASE NO S-382, 11-95 The undersigned, Steven J. Warwick, first being duly sworn, says : I am a real estate broker licensed by the State of North Carolina and have extensive experience in the marketing, development and appraisal of property in the area in which the subject parcel is located. I have been personally involved in the planning of development of the subject parcel and have personally reviewed the development plans. I have investigated the surrounding properties and I have considered the impact of the proposed development on surrounding properties and the extent to which the proposed development would effect the value of adjoining or abutting property. In the granting of a special use permit in this case, the Board of County Commissioners must find, under General Requirement #3, "that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity" . Based upon my personal familiarity with the proposed development and my personal inspection of the surrounding properties, I have formed an opinion as to the effect of the proposed development on the value of those adjoining properties . a. It is my opinion that the proposed development will not substantially injure the value of adjoining or abutting property. In fact, I am of the opinion that the development will enhance the value of adjoining and abutting property. The foregoing is based upon my personal knowledge and my opinion is based upon my experience and expertise in the marketing, development and appraisal of real estate in the area in which this property is located. Respectfully submitted this, J22 UG day of November, 1995 . S EVEN J WARWICK } 2 { STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, 6,-0 ; 1 Warvecn , a Notary Public for said County and State, do hereby certify that STEVEN J. WARWICK personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 4 Witness my hand and official stamp or seal, this the 3,p day of November, 1995 . . - Way .•y NOTARY PUBLIC ? foonmil.• My Commission Expires : s � pt►81.1G "SI 3 fi { COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT IN RE APPLICATION FOR SPECIAL USE PERMIT 7040-7102 WRIGHTSVILLE AVENUE CASE NO. S-382, 11-95 The County Commissioners for New Hanover County having held a public hearing on December 4, 1995 to consider application number S-382, 11-95, submitted by ARC, L.L.P. , a request for a Special Use k Permit to use the property located at 7040-7102 Wrightsville Avenue, Wilmington, North Carolina, 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 . 4' 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 three parcels fronting Wrightsville Avenue will be combined into one parcel with one entrance/exit. Therefore, the potential for several curb cuts will be eliminated and the safe flow of traffic onto and from the property will be facilitated. B. The entrance/exit will be sited for vehicle safety concerns as permitted by the North Carolina Department of Transportation. C. Most of the large trees on the site will be preserved and incorporated into the landscape plan which will provide a natural buffer between the parking area and the residential district. D. A sidewalk will be provided across the front of the property to encourage safe pedestrian movement. 3 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 parking on the three parcels in New Hanover County's R-15 district will be at ground level and will support a commercial building sited on an adjoining parcel zoned C-5 Commercial by the Town of Wrightsville Beach. The four parcels will be combined into one parcel, assuring that the parking facility will be dedicated to the support of the building. B. Access to the site will occur at one entrance/exit location adjacent to the building site from Wrightsville Avenue and not pass through a residential area. The entrance/exit location will be necessarily approved by the North Carolina Department of Transportation by permit. C. This site is contiguous with the side and back of the principle use site for more than 200 feet. The project surpasses the 25 feet minimum. D. The farthest point of the parking facility is no more than 150 feet from the boundary of the building site. The project is within the 200 feet limit. E. The nearest street right-of-way other than that of Wrightsville Avenue is Allen' s Lane, and it is approximately 120 feet behind the back boundary of the property. The project surpasses the 50 foot setback requirement. F. The three parcels utilized for parking will be combined with the parcel for the building (principle use) so that parking will be available to support the building use. G. A 10 foot buffer from all residential properties is provided in the site plan to meet the provisions of Article VI, Section 67 of the New Hanover County Zoning Ordinance. H. All lighting will be located and designed so as not to reflect directly onto residential 2 properties . In addition, most of the large trees will be left on site to help shield lighting from nearby residential 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 :u make the following FINDINGS OF FACT: Based upon the inspection of the subject property and familiarity with the proposed development, Steven J. Warwick, a licensed real estate broker and real estate appraiser familiar with the area in which the development is to be located, has rendered an opinion that the proposed development will not substantially injure the value of adjoining or abutting property. There has been no contrary evidence submitted to this Board and the Board finds that there will be no such injury. 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 principle use is zoned C-5 Commercial which is established to permit light to medium neighborhood commercial use. This project is designed for offices or an office/retail mix that is allowed within the C-5 permitted uses . The adjoining property to the east is Cross Point Shopping Center with which this project would be in harmony as it would with the properties directly across the street (ABC Store and Taco Bell) . B. The developer will preserve and protect as many of the large trees on site as possible, much as was done at Bradley Oaks Professional Park at 6317 Oleander Drive. These trees help maintain the character of the area. Such an approach is in keeping with the Resource Protection land use classification described in the 1993 Land Use Update Plan as well as being in keeping with the intent of the Airlie Road study/plan performed by the New Hanover 3 County Planning Department a number of years ago. C. In that this site plan has preserved many of the large trees on the property, adhered to all required setbacks (surpassing most) , surpasses all landscaping requirements, and adheres to the County's planning policies, it is in harmony with the community and in conformity with the plan of development for New Hanover 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 g' that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions : A. 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 Commissions by a Court of competent jurisdiction, then this Permit shall become void and of no effect. C. The development shall comply with all applicable federal, state and local laws . Ordered this 4th day of December, 1995 . ROBERT G. GREER, Chairman ATTEST: Clerk to the Board 4