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HomeMy WebLinkAboutSpecial Use Permits 1996 I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA a ORDER GRANTING A SPECIAL USE PERMIT Mobile Home I The County Commissioners for New Hanover County having held a public hearing on January 2, 1996 to consider application number S-383, submitted by Suzanne Lennon, a request for a special use permit to use the property located at 5021 Chippewa Trail and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: I 1. The County Commissioners FIND AS A FACT that all of the specific 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. 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 1 endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the 1 following FINDINGS OF FACT: i A. The site has direct access Marathon Avenue via Chippewa Trail. B. The site is located in the Castle Hayne volunteer Fire Department District. C. The mobile home will be served by an individual well and septic tank. The status of Health Department reviews is unknown. 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 I following FINDINGS OF FACT: A. Mobile homes are permitted by special use permit conferment in the Rural Agriculture District. The site is zoned Rural Agriculture. B. The lot exceeds the minimum lot area required by the RA District. Also minimum o yard requirements can be met. C. Adequate area is available to meet minimum off-street parking requirements. 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES 1 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 i necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF 1 FACT: I 1 i i 1 i i 1 A. A mixture of housing types can be found in the general area. The mobile home I will be placed on a 6.3 acre parcel. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and i 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 1 development for New Hanover County. In support of this conclusion, the Commissioners make I the following FINDINGS OF FACT: 1 s j t A. The primary use of land in the area is single-family detached units, although there are mobile homes scattered throughout the area. The site is located just east of Marathon Landing Subdivision. 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 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 I jurisdiction, then this permit shall become void and of no effect. t C. Other: All other applicable federal, state and local laws.i Ordered this 2nd day of January, 1996. ER Cop lits:,,,i. 40.1.1.-// f:dti---- , ,41, Ii11164!";,,to 1 *1 Robert G. Greer, Chairman # p Attest: '�'OP N010 i IVY X/1)1"111-A- 4 C rk to the Board 1 1 I 1 i 1 3 1 n t }' COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA e ORDER GRANTING A SPECIAL USE PERMIT Residential, Commercial, Office, Marina 1 The Board of Board of County Commissioners for New Hanover County having held a public hearing on February 5, 1996 to consider application number Z-559, submitted by Randall Bray for TKL, Inc., a request for a special use permit to use the property located on U.S. 421 (Old Wilmington Shipyard) and having heard all the evidence and arguments presented at the hearing, I make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The Board of Board of 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 Y 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 site has access to existing public streets (US 421 and Point Harbor Road) B. The site is located in the old North Wilmington Fire Department District. Service is 1 provided by contractual arrangement with Wrightsboro VFD. I C. The exact source for water and sewer service is not known. A 3. It is the Board of County Commissioners' CONCLUSION that the proposed use 1 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: i A. A site plan pursuant to the Ordinance has been submitted. B. The plan identifies all planned land uses. C. The plan identifies the perimeter boundary and adjoining land uses. a D. No data are provided concerning traffic counts or traffic impacts. E. No data are provided concerning existing trees. 1 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: i 1 { { it I j A. Many of the properties nearby are vacant. I F B. Redevelopment of this site as planned would be a significant change to the quality of < land uses in the area. 5. It is the Board of 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 Board of Commissioners makes the following FINDINGS OF FACT: l A. The property to the south is a marine salvage yard. Land to the northwest is a truck stop and restaurant. Land across the river is developed with industrial uses, including 1 a speciality lumber company and a shipping company. 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 I GRANTED subject to the following conditions: 1 F I A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, k then this permit shall become void and of no effect. i C. Other: 1) All other applicable federal, state and local laws l 2) That the plan comply with applicable landscaping and tree requirements of the , Zoning Ordinance. € 3) A covenant be established which discloses to future buyers, particularly r residential interests, that the site is in close proximity to existing and/or l potential industrial uses and activities. 1 Ord- r=: 5th day of February, 1996. 1 4 s.--1/4' r l'f't, ,. ii. .4...1Aics5......_ .0 * �� Robert G. Greer, Chairman Attest: I i 1 Cl to the Board S 1 • i s I 1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT Communications Tower s The County Commissioners for New Hanover County having held 1 a public hearing on March 11, 1996 to consider application number S-385 submitted by John Weldon, Bell South PCS, a request for a Special Use Permit to use the property located at 8109 Market I Street, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS : 1 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 1 in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed 1 and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT : 1 A. The property has direct frontage along US 17, a state- maintained road. s B. The property is located in the Ogden VFD District . C. The proposed use needs no water and sewer. 4 D. Though electromagnetic waves are emitted, there is no conclusive scientific evidence these waves cause medical problems when emitted at low frequencies . E . The structure is engineered so that it will collapse by folding onto itself instead of tipping over . 3 . It is the County Commissioners ' CONCLUSION that the 5 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 : I A. Communications towers for cellular or personal communication uses are permitted by special use permit in the R-15 Residential District . The site is zoned R-15 . B. The Ordinance has no specific site control standards except for standard setbacks . 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 tower will be located on a tract already occupied 1 , i ) 1 by a microwave tower. The tower was originally approved for a height of 140 feet . The exact height is unknown. Additionally, a warehouse, offices and general maintenance building were constructed for use by Carolina Power and Light to facilitate general service ' needs . B. The site is in closer proximity to a variety of non- 1 residential development than it is to existing 4 residential uses . C. The existing tower will be dismantled. D. The tower will be lighted. 4 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 I 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. Land to the south consists primarily of residential uses . Land to the north, east and southeast consists primarily of non-residential uses . Land to the west is vacant . B . The site where the tower is proposed is already I occupied by a shorter tower, maintenance building, office and maintenance warehouse . 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 : A. That the applicant shall fully comply with all the specfic requirements stated in the Ordinance for the proposed use, as well as any additional conditions Y hereinafter stated. B. If any of the conditions imposed by this special use 1 permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent t i jurisdiction, then this permit shall become void and of no effect . i C. Other: 1 1 . All other applicable federal, state and local laws . 2 . The tower must be lighted with a red-pulsating light for night use and a white-pulsating strobe light for day use . I 3 . When the tower is constucted and operational, the existing CP&L tower must be dismantled within thirty (30) days . 4 . The CP&L antenna on the existing tower must be placed ( collocated) onto the new tower. 4 J 5 . The proposed tower must be moved from its current position in order to be 250 feet from any property line . 4 i 1 6 . After one year of abandoned use, the tower must be removed in thirty (30 ) days . 4 1 Ordered this 11th day of March, 1996 . Order corrected per recorded minutes . June 23, 2000 . 4 G. CAok. �'��'�►��i William A.Caster, Chairman (2000) i * A ,,,,, • s il ~ wry 111941 9:6444 Robert G. Greer, Chairman (1996) i i Attest : 14.4. 4 • AIL i/-- lerk to the Board 1 1 i 1 4 i , {{ p1 3 1 i 1 pi i 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Pet Grooming Facility 1 The County Commissioners for New Hanover County having held a public hearing on April 1, 1996, to consider application number S-387, submitted by Amanda Smith, a request for a special use permit to use the property located at 7903 Myrtle Grove Road and having heard all i the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT 1 and draw the following CONCLUSIONS: 1 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72of the County Zoning Ordinance WILL be satisfied if the 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 following FINDINGS OF FACT: 1 1 A. Because the proposed use would be considered a place of business, local health laws require bathroom facilities be provided. Water and sewer would be provided by an individual well and septic tank. B. The site is located in the Myrtle Grove VFD District. 1 C. The site has direct access to Myrtle Grove Road. 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: I A. Facilities offering kennels, grooming, breeding and/or training of domesticated 1 animals for a fee are permitted by special use permit in the R-15 District under the general category of "kennels." The site is zoned R-15 1 B. The proposed use of the property is for pet grooming only. There are no known plans for boarding, breeding or training. C. The proposed activity would be conducted indoors. 1 D. The site has frontage along a state maintained road. E. The minimum front and side yard setback required is 50 feet. F. . The maximum allowable sign area is 2.25 square feet. The existing sign on the 1 property for the engine repair business exceeds this maximum. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not i substantially injure the value of adjoining or abutting property, or that the use is a public t 5 i 1 i 1 1 1 necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is currently used for non-residential purposes, although it is non- conforming. 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 1 harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. Excluding the existing non-conforming use, the general area consists of vacant lots, single-family uses, mobile homes and mobile home parks. B. The nearest non-residential activity to this site is the convenience food store located to the southwest at Carolina Beach Road. 3 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE I GRANTED, subject to the following conditions: I 1 A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid 1 1 beyond the authority of this Board of Commissioners by a court of competent Ijurisdiction, then this permit shall become void and of no effect. C. Other: 1. The operation be limited to pet grooming only. 2. All other applicable federal, state and local laws be met. Ordered this 1st day of April, 1996. 'y''• ,�'�, 21Z-14`6411'-' e Robert G. Greer, Chairman I191 - 77 Attest.�—fai NO 1 WI CI-rk to the Board 3 t 3 I a I 1 I ii r COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA i ORDER GRANTING A SPECIAL USE PERMIT Eight(8) Duplexes (16 units) The County Commissioners for New Hanover County having held a public hearing on April 1, 1996 to consider application number S-388, submitted by Stephen Rhodes, a request for a special use permit to use the property located at 2211 Chair Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and I draw the following CONCLUSIONS: i 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. 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 following FINDINGS OF FACT: A. There is no community water and sewer in the area. Service would have to be provided by individual wells and septic tanks. B. The site is located within the Wrightsboro VFD District. C. The site has direct access to Chair Road, a state-maintained road. 1 D. Plan needs to comply with the County's Subdivision Ordinance and site design standards. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. Duplexes are permitted by special use permit in the R-20 District. The site is zoned R-20. B. Minimum side, rear and front yard setbacks can be easily met. C. Section 63 permits at the discretion of the Building Inspector the erection of more than one principal use on a lot or tract. 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: 3 1 R 1 z A. Land in the immediate area is developed with mobile homes and scattered single family uses. Land to the north is zoned industrial and is occupied by General Electric's Castle Hayne Plant. It has two basic divisions: nuclear and aircraft engines. 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 ti 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 1 the following FINDINGS OF FACT: A. With the exception of the General Electric plant to the north, the area is predominantly rural in nature. B. The proposed number of units relative to the overall tract's size is consistent with the uses permitted in the R-20 District. C. Proposed alignment for the Wilmington Highway 17 By-pass (Northern Outer Loop) may impact the property. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter I 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 i jurisdiction, then this permit shall become void and of no effect. IC. Other: 1. That the access road serving the units be built to minimum Department of i Transportation standards. I 2. All other applicable federal, state and local laws. Ordered this 1st day of April, 1996. ‘ it4... It*::e• 1 ,/,,,411 ,_ ,,,...;", Robert G. Greer, Chairman 1 1 el . Aatd._441. • erk to the Board 1 I 1 I e COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Expand a Community Boating Facility, add six (6) slips The County Commissioners for New Hanover County having held a public hearing on April 1, 1996, to consider application number S-392, submitted by William Meriman, a request for a special use permit to use the property located at the East end of Captains Lane 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 1 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 following FINDINGS OF FACT: a A. If properly installed, the expansion should create minimal impacts. The additional I slips would be located along an existing retaining wall, leaving only the installation of pilings and the extension of the existing five(5) foot floating dock an additional 77 feet. B. The site has access via an existing 30 easement that will be connected to an 1 extension of Captains Lane when Phase II of Masonboro is constructed. C. The site is located in the Myrtle Grove VFD District. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. Community boating facilities are permitted by special use permit in the R-15 Residential District. The site is zoned R-15 B. The total number slips, including the expansion area, would be eighteen(18). The f total number of lots in Masonboro Landing, including the Phase II expansion area, I is twenty(20). When County sewer becomes available, the central waste treat- ment area for Phase II will be abandoned, freeing up that land for two (2) additional lots. C. Adequate land area is available to meet off-street parking requirements. Some of the parking needs will be accommodated on individual lots. D. No commercial activities are proposed. 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 t l necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The additional slips would be located in an existing manna basin. B. Facilities like these normally increase the value of residential properties. 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 commonplace along the New Hanover County waterfront. B. The facility is a water dependent use which is consistent with the 1993 Land Use Plan. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. 2. The site plan as revised --includes the establishment of 7 permanent parking spaces west of the turn-around area. Ordered this 1st day of April, 1996. �. 'kip j�� Robert G. Greer, Chairman A' gg fi f ( i,- /)/1Liv - erk to the Board I) /97 4 1 1 I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA i ORDER GRANTING A SPECIAL USE PERMIT Communications Tower i 4 The County Commissioners for New Hanover County having held a public hearing on 1 May 6, 1996, to consider application number S-393, submitted by GTE Mobilnet of Wilmington, a request for a special use permit to use the property located at 5519 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 i 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 11 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 A. The site requires no water and sewer services. B. The site has direct access to Carolina Beach Road. C. The site is located in the Myrtle Grove VFD District. 1 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 s following FINDINGS OF FACT: 1 g A. Communication towers and related structures are permitted by special use permit in the B-2 Business District. The property is zoned B-2. B. Except for general setbacks, the Ordinance does not impose any special setback measures. C. The site plan depicts two off-street parking space will be provided. Zoning Enforcement has routinely required that these facilities provide for off-street parking. 4 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 I FACT: 9 I 1 i 11 5 g pg a . E J A. The site and surrounding properties are zoned B-2 Highway Business, which s permits a wide range of retail uses, commercial services, offices, warehousing, and related uses. w 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in I harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I 4 A. There is a wide range of commercial land uses in the area A large shopping center 4 is located to the east. Other uses located nearby include: fast food, dry cleaning, 3 banking, fuel sales facilities, and miscellaneous retail. B. An existing communications tower is located across the highway to the northwest. 3 1 F S 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: I A. That the applicant shall fully comply with all of the specific requirements stated in 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. Construction comply with federal safety standards for wind loading. 3. The tower be designed to accommodate collocation. Ordered this 6th day of May, 1996. otzlEi ft c,„ ft1,1A,ZIAb..„ , , i r Robert G. Greer, Chairman 1 * ��';a i Attest: �, ,.(.o „ �, ¢p s I i I ---.1.-liti-4-6..) P a-yl.L.,4i_t_ I ;tie Clerk to the Board v (l it I lir 1 k I V1, �' /9y4 g a . COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA 1 ORDER GRANTING A SPECIAL USE PERMIT I i Child Day Care a The County Commissioners for New Hanover County having held a public hearing on May 6, 1996 to consider application number S-394, submitted by James Hall, a request for a special use permit to use the property located at 6640 Gordon Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 8 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 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: 1 A. The facility will be served by County sewer and community water. ! B. The site has direct frontage and access along Gordon Road. C The site is located in the Ogden VFD District. It 3. It is the County Commissioners' CONCLUSION that the proposed use DOES i 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 i following FINDINGS OF FACT: 1 ' A. Child day care is permitted by special use permit in the I-1 Light Industrial District. ' The site is zoned I-1. B. The applicant has submitted a site plan illustrating approximate building size, the 1 building's total service capacity, off-street parking, setbacks, outside play areas and signage. C. The facility would be designed so that children may be dropped off or picked up without having to back into the adjoining road. 1 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: itt 1 i . • A. Adjoining property is zoned for industrial uses. A new elementary school is under construction across the street. That land is zoned R-15. 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 i the following FINDINGS OF FACT: A. There is a wide range of land uses in the general area They include: commercial and business services, offices, industrial supply, apartments, an elementary school (under construction), a county park(under construction) and child day care. 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: A. That the applicant shall fully comply with all of the specific requirements stated in I the Ordinance for the proposed use, as well as any additional conditions hereinafter 1 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 1 jurisdiction, then this permit shall become void and of no effect. C. Other: j1. All other applicable federal, state and local laws. 2. Site plan as submitted. , Ordered this 6th day of May, 1996. 4 ��.,- 1 t. ` Robert G. Greer, Chairman i to i:::--...: f/SQ Attest: I•FORTH cps I b Clerk to the Board a { nti:lei;Y/4" COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Child Day Care (12 children) The County Commissioners for New Hanover County having held a public hearing on May 6, 1996, to consider application number S-395, submitted by Sonya Spencer, a request for a special use permit to use the property located at 4609 Middlesex Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-20 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The service will be conducted in an existing dwelling, which is already served by adequate water and sewer. B. The site has direct access to a public street. C. The site is located in the Winter Park VFD District. D. The existing dwelling meets design standards imposed by State day care rules. 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 residential districts. The site is zoned R-10 Residential. B. Adequate area is available on the site to accommodate off-street parking. C. The applicant plans to construct a circular driveway so that drop-offs and pick-ups can be made without backing into the street. D. A fenced play area will be provided in the rear yard of the site 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: p i } i i 1 s A. The service will be provided in an existing residential structure. No exterior alterations are planned. B. There are numerous in-home child day care operations in the County. No evidence has been presented to suggest that these operations diminish property values. 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 development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. There are several similar facilities scattered throughout the Kings Grant and Crestwood neighborhoods. " i B. The service will be provided in an existing dwelling, which is similar in style to i nearby and adjacent residences. i { 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: 1 1 A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. 1 B. If any of the conditions imposed by this special use permit shall be held invalid 1 beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. l 1 C. Other: All other applicable federal, state and local laws. Ordered this 6th day of May, 1996. a 1 .44,1 MI IN 1.‘ONOVER / Z 414461.16‘?-4tIt-"'" 1 Ai.-� < Robert G. Greer, Chairman �% ,1or_ IpQ I I Attest: o�*onH cp90S` I t i J1A144A.) -10 eih.L.,04.4_, i ib¢ Clerk to the Board ; 3 1 2 I 1 i 4 - 4, „„ i 1 1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT A Retail Nursery The County Commissioners for New Hanover County having held a public hearing on July 1, 1996 to consider application No Z-569 submitted by Jere LeGwin, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on Market Street, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1 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 1 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 i 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 Isubmitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. The site access to Mendenhall Drive and US 17 (Market Street). B. A septic tank and individual well will provide water and sewer services. C. The site is located in the Ogden VFD District. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan pursuant to Section 59.7-3 (2) has been submitted. B. The proposed uses comply with zoning requirements for commercial districts and the Special Highway Overlay District standards C. The site is currently zoned R-15. Conditional use districts are encouraged to provide 1 transition zones between competing land uses. (Section 59.7-1) 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 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: i I. A. There is a wide variety of land uses in the general area. Property to the south is occupied by a church. Land to the north is used as a pet cemetery. Land on the east side of Market Street is zoned B-2 Business. Several of those parcels are developed with specialty gift shops. Land to the west consists of platted lots associated with 1 Mendenhall 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. This area of the County is classified Rural in the 1993 Land Use Plan. Low density 1 development is encouraged, as are other land uses not requiring major urban services. B. As noted in#3 above,there is a wide variety of land uses along the frontage of US 17, including retail, institution, services, industrial and other uses. i i f iJ { 1 Q i pEj I 1 3 C. Two nursery operations currently operate in the area, each less than one mile from the subject property. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. Site plan as submitted. 2. All other applicable federal, state and local laws. Ordered this 1st day of July, 1996. • - /11j14C444'- , * Robert G. Greer, Chairman 411 a Atte :4 20 • C -rk to the Board Affirmation this day of 1996. Applicant 1 4,42- XG t- s-, /9,z ADDENDUM S-211, 8/83 1. Eliminate dorm style building. 2. Decrease total density to 232 units. 3. Add additional covered carports for on-site parking. 4. Add 5.5 acres to the total project acreage.. This addendum includes a requirement that the applicant comply with conditions imposed by the local volunteer fire department and the Fire Marshal for fire safety. Ordered this 5th day of August, 1996. id1/644) Robert G. Greer, Chairman { Attest: I rk to the Board sore 4, itA ‘14."4 *r01 11* NOW # _ .s �i9C COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA i ORDER GRANTING A SPECIAL USE PERMIT After School Care/Day Care The County Commissioners for New Hanover County having held a public hearing on August 5, 1996 to consider application number S-396, submitted by Northside Baptist Church, a request for a special use permit to use the property located at 2501 N. College Road and having heard all the t 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 t 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 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as i submitted and approved. In support of this conclusion, the Commissioners make the following i FINDINGS OF FACT: r A. The site is currently served by water and sewer. B. The site has direct access to N. College Road. C. The site is located in the Wrightsboro VFD District. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES=DOES i NOT satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 i i A. Child day care is permitted by special use permit in the R-15 Residential District. The 1 property is zoned R-15. t` B. No additional parking is needed--the existing parking lot far exceeds the minimum needed for day care services. C. A fenced play area is already in place. E D. No additional signage is proposed. l 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 I the value of adjoining or abutting property, or that the use is a public necessity. In support of this z conclusion, the Commissioners make the following FINDINGS OF FACT: A. No additional construction is required. The service will be provided in an existing ' building on the church campus. , j 1 k , 1 t 1 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy r 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: I A. There is a wide range of land uses in the area: commercial uses to the south, rental duplexes to the west, commercial and institutional to the east and t vacant land to the north. i B. Child day care facilities are commonly associated with churches. 6. Therefore, because the County Commissioners conclude that all of the general and 1 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 f Ordinance for the proposed use, as well as any additional conditions hereinafter [ stated. t [f 4 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, t then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. t 2. Site plan as submitted. I Ordered this 5th day of August, 1996. �t ...r-,,-0. i•Pe°46, 1141h6- - / • 'li* Robert G. Greer, Chairman Att`.�' �� � 4 NOW 4f. i 1,! - to the Board t /99G COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Community Boating Facility (6 slips) The Board of County Commissioners of New Hanover County having held a public hearing on September 3, 1996 to consider application number S-397, submitted by the Dalkeith Homeowner's Association, a request for a special use permit to use the property located at 5625 Dalkeith Road having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the P PP PP following FINDINGS OF FACT: A. Water and sewer services are not needed for the operation of the facility. B. The site has access to Dalkeith Road, a private road owned and maintained by the Dalkeith Homeowners Assocation. C. The site is located within the Winter Park VFD District. } 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Community boating facilities are permitted by Special Use Permit in the R-20S District. The property is zoned R-20S. B. No off-street parking is provided, though that need could be accommodated on individual lots in the adjacent subdivsion. C. Each lot has direct access to the facility via an easement. D. Temporary turbidity can be anticipated during construction, but impacts to shellfish, conservation resources and water quality should be minimal. E. No commercial activities are planned. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. There are numerous small boat docks located along the waterway. B. The placement of similar facilities has historically increased the value of waterfront properties. 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. Piers, docks and related facilities are commonplace along the waterway. B. The Land Use Plan encourages water dependent uses provided important natural resources are not impacted. 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. Site plan as submitted. 2. All other applicable federal, state and local laws 3. Off-street parking be provided at each individual lot. his 3rd day of September, 1996. 4' . ; 14. '700/644___ � Robert G. Greer, Chairman• Attest NORM Cl o the Board • COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Mobile Home The County Commissioners for New Hanover County having held a public hearing on September 3, 1996, to consider application number S-398, submitted by Samuel Malpass, a request for a special use permit to use the property located at 133 Flemington 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 plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Water and sewer would be provided by a well and septic tank respectively. B. The site is located in the North Wilmington Fire Department District. } C. The site has direct access to Flemington Road, a state-maintained 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. Mobile homes are permitted by special use permit in the I-2 Heavy Industrial District provided that all dimensional requirements as specified for residential dwellings in the R-15 District. The site contains 3.32 acres. There are two dwellings on the site and the addition of a third dwelling would still meet the minimum dimensional requirements. B. The site is zoned I-2 Heavy Industrial. d R 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. There is another mobile home already located on the site and there are several mobile homes in the general vicinity. a }: 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 is a variety of land uses in the area Much of the land to the south, east and north is developed with light industrial uses, heavy manufacturing, commercial services, and trucking. Land to the west is predominantly residential, consisting of older wood frame homes and mobile homes. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other All other applicable federal, state and local laws. Ordered this 3rd day of September, 1996. pVERcoo h/6. ariJi!►. ` Robert G. Greer, Chairman ; 1 Atte I'oe IJ VA/4244..a/t--- C to the Board /. :�, a S • 3, /996 a 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Mobile Home The County Commissioners for New Hanover County having held a public hearing on September 3, 1996, to consider application number S-398, submitted by Samuel Malpass , a request for a special use permit to use the property located at 133 Flemington Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF I FACT and draw the following CONCLUSIONS: I I 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Water and sewer would be provided by a well and septic tank respectively. B. The site is located in the North Wilmington Fire Department District. C. The site has direct access to Flemington Road, a state-maintained 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: 1 A. Mobile homes are permitted by special use permit in the I-2 Heavy Industrial i District provided that all dimensional requirements as specified for residential dwellings in the R-15 District. The site contains 3.32 acres. There are two dwellings on the site and the addition of a third dwelling would still meet the t minimum dimensional requirements. B. The site is zoned I-2 Heavy Industrial. 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: r A. There is another mobile home already located on the site and there are several mobile homes in the general vicinity. 3 j 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 is a variety of land uses in the area Much of the land to the south, east and north is developed with light industrial uses, heavy manufacturing, commercial services, and trucking. Land to the west is predominantly residential, consisting of older wood frame homes and mobile homes. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: All other applicable federal, state and local laws. Ordered this 3rd day of September, 1996. 4pVERC� 11469611-41-%--- i► Robert G. Greer, Chairman Atte a GL // u� C k to the Board y4,t. 3, /494 1 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA i ORDER GRANTING A SPECIAL USE PERMIT k Community Boating Facility (6 slips) i The Board of County Commissioners of New Hanover County having held a public hearing on September 3, 1996 to consider application number S-397, submitted by the Dalkeith Homeowner's Association, a request for a special use permit to use the property located at 5625 Dalkeith Road having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: I I 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 i 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 A. Water and sewer services are not needed for the operation of the facility. B. The site has access to Dalkeith Road, a private road owned and maintained by the Dalkeith Homeowners Assocation. C. The site is located within the Winter Park VFD 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 specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: t } A. Community boating facilities are permitted by Special Use Permit in the R-20S District. The property is zoned R-20S. B. No off-street parking is provided, though that need could be accommodated on individual lots in the adjacent subdivsion. , C. Each lot has direct access to the facility via an easement. D. Temporary turbidity can be anticipated during construction, but impacts to shellfish, conservation resources and water quality should be minimal. E. No commercial activities are planned. i 4. It is the County Commissioners' CONCLUSION that the proposed use DOES E 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 I necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF I FACT: i A. There are numerous small boat docks located along the waterway. B. The placement of similar facilities has historically increased the value of waterfront properties. 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 I development for New Hanover County. In support of this conclusion, the Commissioners make ,, the following FINDINGS OF FACT: A. Piers, docks and related facilities are commonplace along the waterway. B. The Land Use Plan encourages water dependent uses provided important natural resources are not impacted. 1 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: 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 i jurisdiction, then this permit shall become void and of no effect. C. Other: 1. Site plan as submitted. L 2. All other applicable federal, state and local laws 3. Off-street parking be provided at each individual lot. f ,,i,„<:.:7"--...L,- his 3rd day of September, 1996. iziA4a___ *611' 'i �,.•. Robert G. Greer, Chairman Attest: E III, _ _ - • ,0 k Cl. o the Board } (194c.g.0.... deaotio-bAs. ? //,‘ Addendum 1 S-224, 8/84 Moose Lodge f i 1 The Board of New Hanover County Commissioners hereby authorizes the construction of a 3200 square foot addition to the existing Moose Lodge. Approval is contingent upon E compliance with applicable Federal, State, and local laws and all other conditions established for the original special use permit. 3 Ordered this the 7th day of October, 1996. .0.,..,.:„-,/ _ � • \ I tAk,/ "'� Robert G. Greer, Chairman Y 9. Atte 4 mot, t 411111)", ' ‘VAliA•144-- 1 - to the Board i I 1 1 i I 4 1 f g1g 6 g F 1 i ix f 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 November 6, 1996 to consider application number S-400, submitted by Carolyn Freeman , a request for a special use permit to use the property located at 117 Ray 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 P PP PP plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. The site is currently served by community water and and a septic tank.. 3 B. The site has direct access to a public street. C. The site is located in the Winter Park VFD District. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Child day care is permitted by special use permit in the R-10 District. The site is zoned R-10. B. A fenced play area is located to the rear of the existing dwelling. C. No outside signage is proposed. D. Adequate area is available to provide for off-street parking. E. Pick-ups and drops can be made without backing into the street. 1 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: �55 { ;s z 1 i . 1 k A. The County has approved numerous in-home child day services in neighborhoods throughout the County, including Churchill Estates. B. The character of the residence should remain the same. ? 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 1 the following FINDINGS OF FACT: E i A. No external physical alterations to the house are needed to accommodate the f proposed use B. The number of children will be limited to 8. 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 GRANTED, subject to the following conditions: i 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 t 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: i 1. All other applicable federal, state and local laws. 2. The driveway be expanded to accommodate pick-ups and drop-offs without backing into the street or the side yard. Ordered this 6th day of November, 1996. i il' 4 ' Robert G. Greer, Chairman l rt Attes . of North' 1110a„... • A i.. C -rk to the Board i c "e4/),Z,`a,04,‘.4e •G /996 r COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Communications Tower (130 foot monopole) The County Commissioners for New Hanover County having held a public hearing on November 6, 1996 to consider application number S-401, submitted by Telespectrum, Inc. , a request for a special use permit to use the property located at the southeast corner of Hinton Avenue and Park Avenue and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The proposed facility and support building will not need water and sewer services. B. The planned use will generate an insignificant amount of traffic. C. The site will be accessed by a 30 foot easement connecting to Park Avenue D. The site is located in the Seagate VFD District. E. Though electromagnetic waves are emitted, there is no conclusive scientific evidence that the waves cause medical problems. F. The structure is designed to bend in extremely strong winds, not tip over from its base. 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 F required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Cellular and related telecommunications towers are permitted by special use permit in the B-2 Highway Business District. The site is zoned B-2 Business. B. The planned use complies with the requirements of the B-2 District. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting or that the use is a public Y�injure J g g P necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 4 . A. The tower will be located on a 40'x60' parcel leased from Hughes Auto Service. B. The property is zoned B-2 and is located in close proximity to the strip commercial development associated with Oleander Drive. C. The planned use will not generate any smoke, noise, dust, air borne debris or related impacts. 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 i 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: i I A. There is a wide range of uses in the area. They include general commercial uses, mobile home sales, auto repair, mini-storage, and a small flex office park. ` Residential uses are located along Park Avenue. B. The site is located in close prosimity to 80 foot tall towers supporting a main electric transmission line. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE I GRANTED, subject to the following conditions: i A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent 1 jurisdiction, then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. 2. That the compound be positioned so that the large live oaks in the 1 northeast corner and an 18 inch live oak on the south side of the site will i I not have to be removed. 3. Tower be designed to accommodate collocation. 4 Ordered this 6th day of November, 1996. COYER ti 1 1 ISICIIi64, ilta4g(34-- in 1, -t . t Robert G. Greer, Chairman 174 n etrs.t of I Atte 'frtior O. filei # , Aa4A__...4 C - k to the Board 7 1 P I 4 i , ' Aip.X--et ..2,-C I i COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA i ORDER GRANTING A SPECIAL USE PERMIT Child Day Care(12 children) 1 The County Commissioners for New Hanover County having held a public hearing on November 6, 1996 to consider application number S-399, submitted by Susan Humphrey, a request for a special use permit to use the property located at 310 Windemere Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: i 1. The County Commissioners FIND AS A FACT that all of the specific 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: G A. The site is currently served by community water and County sewer. B. The site has direct access to a public street. C. The site is located in the Seagate VFD District. t 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: i A. Child day care is permitted by special use permit in the R-15 District. The site is zoned R-15. B. A fenced play area will be located to the rear of the existing dwelling. t C. No outside signage is proposed. '` D. Adequate area is available to provide for off-street parking. E. Pick-ups and drop-offs can be made without backing into the street. i t 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 i 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 County has approved numerous in-home child day care services in 1 i 1 neighborhoods throughout the County, including Windemere. No evidence has been submitted suggesting that these uses diminish property values. B. The character of the area should remain the same. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the F 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 combination family room/child day care room will be added to the rear of thel existing house. It will not be visible from the street. B. The number of chldren will be limited to 12. s 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 i 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, 1996. c.,„_ i -4 1,16142<644--- .f .E * Robert G. Greer, Chairman *fial ' ' 'P.V.I NO. CliWki. i�/�w YU/�L_.-to the Board