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Special Use Permits 1997 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 180 Foot Monopole Communications Tower The County Commissioners for New Hanover County having held a public hearing on January 6, 1997, to consider application number S-402, submitted by Kelly Davenport for Bell South, a request for a special use permit to use the property located at 6815 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: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-C 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 tower and support facilities will not need water and sewer services. B. The use does not generate a significant amount of traffic. C. The site will be accessed by a 20 foot easement connecting to Gordon Road. D. The site is located in the Ogden VFD District. E. Though electromagnetic waves are emitted, there is no scientific evidence to date that the waves cause medical problems. F. The structure is designed to bend in 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 required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Cellular, personal communications and related towers are permitted by special use permit in the B-2 Business District. This property is zoned B-2. 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 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 located on a 60'x60' parcel leased from Winston Thompson. B. The property is zoned B-2 Business and is located in closed proximity to heavily commercialized Market Street. C. The planned uses will not generate smoke, dust, airborne debris, noise 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 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 wide range of land uses in the area: convenience food store, sign shop, fast food, tool rental, industrial park, elementary school, apartments, strip shopping centers, scattered single family dwellings and a mobile home. B. The nearest free-standing towers to this site are located in Dutch Square Industrial Park, which is south of the subject parcel, and a radio tower located to the southeast at the highway patrol station. 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 tower be designed for collocation. 3. The tower be designed to control collapse. Ordered this 6th day of January, 1997. � �►'� 14 Robert G. Greer, Chairman )4..O ..w... Gpft� Attes .'Noet� Cle to the Board 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT REVISION Child Daycare/United Cerebral Palsy Center The County Commissioners for New Hanover County having held a public hearing on January 6, 1997, to consider application number S-324, submitted by United Cerebral Palsy of N.C., Inc. , a request for a special use permit to use the property located at 500 Military Cutoff Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The existing building is currently served by County sewer and community water. B. The property is located in the Seagate VFD District. C. The site has adequate ingress and egress to a public street. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The expansion meets all required setbacks. B. The expansion is an extension of a use permitted by special use permit in the R-15 Residential District. The property is zoned R-15. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES tY P P 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. Nearly all of the surrounding adjacent property on the west side of Military Cut-off is vacant. 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 an existing 4262 square foot day care/learning center already located on the property. B. A new subdivision is under construction to the southeast (Lucia Point), but it post-dates the operation of the United Cerebral Palsy Center. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: All other applicable federal, state and local laws. i ! Ordered this 6th day of January, 1997. • i/ * Robert G. Greer, Chairman is • ,p,P„, S M OW. Rt y Atte . . , - k to the Board } � i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT REVISION Child Daycare/United Cerebral Palsy Center The County Commissioners for New Hanover County having held a public hearing on January 6, 1997, to consider application number S-324, submitted by United Cerebral Palsy of N.C., Inc. , a request for a special use permit to use the property located at 500 Military Cutoff Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The existing building is currently served by County sewer and community water. B. The property is located in the Seagate VFD District. C. The site has adequate ingress and egress to a public street. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The expansion meets all required setbacks. B. The expansion is an extension of a use permitted by special use permit in the R-15 Residential District. The property is zoned R-15. 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. Nearly all of the surrounding adjacent property on the west side of Military Cut-off is vacant. qp3 gg 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 an existing 4262 square foot day care/learning center already located on the property. B. A new subdivision is under construction to the southeast (Lucia Point), but it post-dates the operation of the United Cerebral Palsy Center. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: All other applicable federal, state and local laws. Ordered this 6th day January,of 1997. ,4A Robert G. Greer, Chairman I Atte SI k to the Board } z � STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I f ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Car Sales and Office The County Commissioners for New Hanover County having held a public hearing on January 6, 1997,to consider application No. Z-582 submitted by Charles Harrell, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located at 101 Crowatan 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 direct access to US 117 and to Crowatan Road. Driveway permits have been issued for access to Crowatan Road. B. Public water and sewer is not available. A well and septic tank permit has been issued. C. The site is located in the Castle Hayne VFD District. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan pursuant to Section 59.7-3 has been submitted. B. The proposed use is a permitted use in the I-1 Light Industrial District. C. The location of the support office complies with the setback and buffer requirements imposed for industrial or non-residential uses when abutting residentially zoned property. 4. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use its a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: { { A. The property is located in close proximity to other industrial and non-residential uses. B. The property has frontage along a major highway with high traffic volumes. 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 to the south is zoned I-1 and developed with mini-storage units. B. The site is located at the main entrance to Northside Industrial Park. C. Much of the surrounding land is vacant, however there is a single family dwelling located just north of the property and there is a church to the east. D. The site is located along the frontage of a major highway with high volumes of traffic. 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 he 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 state, federal and local laws. 2)Limit driveway access to Crowtan Road. 3)Remove all illegal signs on the property. 4)Use directional lighting to limit impacts on adjacent properties. 5)Owner has option to either pave, gravel or grass the display areas and off-street parking. Ordered this 6th of January, 1997. 41114311, III,III i�v, �/�' V0,444"— */ 4 * Robert G. Greer, Chairman Nor s 8,1"1411=4:"T�eV Attest: 1NoR11 Cl k to the Board 4 � R F i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Two Mobile Homes The County Commissioners for New Hanover County having held a public hearing on January 6, 1997 to consider application number S-404, submitted by Charles Harrell , a request for a special use permit to use the property located at 405 Madeline Trask 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 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 to Madeline Trask Drive via a private access easement. B. The site is located in the Castle Hayne VFD District. C. Water and sewer will be provided by wells and septic tanks. 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 I-1 Light Industrial The Zoning Ordinance permits the location of mobile homes in the district by special use permit. B. The site is large enough to comply with the minimum lot area requirements of the district. For special use permits in non-residential districts such as I-1, the minimum area required is 15,000 square feet per unit. The subject parcel contains 1. 6 acres. C. Adequate area is available for off-street parking. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 i 1 a A. The site is located in the Northside Industrial Park. Though not intensely developed, the majority of land uses in the area is non-residential. Adjacent properties are used for an auto-salvage yard, heavy equipment sales and rental and auto/truck body shop. B. There are scattered residential uses in the area, consisting of older single family dwellings and mobile homes. These are located to the north and west along Peter Spring Branch, Crowatan Road and Castle Hayne Road. 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: i r i A. As noted, there is a variety of land uses in the general vicinity, including residential and non-residential. B. The County has approved mobile homes in other industrial areas, but none to date in the surrounding industrial area 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: A. That the applicant shall fully comply with all of the specific requirements stated in 1 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 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 January, 1997. oovER c 1Z944 . ?x ? ! Robert G. Greer, Chairman 1 :”.U1�011tf 6: Attest: 'OWcfr 1 Cle k to 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 tY Y $ p S January 6, 1997, to consider application number S-403, submitted by Jimmy Fowler, a request for a special use permit to use the property located at 5221 Castle Hayne Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in the Castle Hayne VFD District. B. The site has direct access to Castle Hayne Road. C. Water and sewer will be by individual well and septic tank. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned RA Rural Agriculture. Mobile homes are permitted in this zoning district by special use permit.. B. The site meets the district's minimum lot area requirements and all applicable setbacks can easily be met. C. Adequate area is available to accommodate off-street parking. D. No special landscaping or buffering is needed. 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: { `s � 1 A. The mobile home will be located on a tract currently occupied by a single dwelling, which is the principal residence of the applicant. B. Property located on the east side of Castle Hayne Road opposite the subject property is zoned B-2 Highway Business. Some commercial development has taken place. 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 general area, including car repair, a fire station, a convenience food store, a small strip retail center, single family dwellings, mobile homes and an abandoned meat packing company. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: All other applicable federal, state and local laws. Ordered this 6th day of January, 1997. 1W> Id441/62/4"--- (-1 * Robert G. Greer, Chairman v Attes , Cferl to the Board . STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER t ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Real Estate Office i The County Commissioners for New Hanover County having held a public hearing on March 11, 1997 to consider application No Z-593 submitted by Patricia Henderson, a request for 1 a Special Use Permit in a Conditional Use Zoning District to use the property located at 813 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 1. The County Commissioners FIND AS A FACT that all of the specific requirements I set forth in Section 72-1(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. 1 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy t the first general requirement listed in the Ordinance; namely that the use will not materially endanger 1 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. The property has direct access to a Piner Road, a public street. B. Both existing structures are served by individual wells and septic tanks. C. The site is located within the Myrtle Grove VFD District. D. The site is not located in the 100 year flood plain. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I A. A site plan pursuant to the Zoning Ordinance has been submitted. B. Adequate area is available to accommodate required off-street parking. C. Site identification signage is limited to 12 square feet. The applicant plans to install asign2'x6'. D. Development of the site would be immediate. E. Because the existing structure would be used for the office, no special land clearing that might impact existing trees and other vegetation would be needed. 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. Property to the east is occupied by Myrtle Grove Middle School. B. Property to the southwest is occupied by Myrtle Grove Presbyterian Church. 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, including several churches, a school, scattered residential development, and a large shopping center. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. 2. Per site plan OtA. L Ordered this 10th day oP/1997. Robert G. Greer, Chairman Cl rk to the Board Affirmation this day of , 1997. Applicant 1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1 ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT i Geologic/Engineering Consulting, Special Trade and General Contractors 4 E The County Commissioners for New Hanover County having held a public hearing on April 7, 1997,to consider application No Z-598 submitted by Paul Clark, a request for a Special Use Permit in 1 a Conditional Use Zoning District to use the property located on Blue Clay Road, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1 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 1 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. The site has direct access to Blue Clay Road. 1 B. The site would be served by individual wells and septic tanks. C. The site is located in the Castle Hayne VFD District. D. A small area along the site's northern perimeter is located in the 100 year flood lain. No g P Y P development is planned for this 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: i I A. A site plan pursuant to the Zoning Ordinance has been submitted. B. Adequate area is available to meet setbacks, buffering, and off-street parking . 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I i A. Single family dwellings are located on adjacent property and across the street. There are also mobile homes and other residential uses scattered throughout the area. i B. The site is occupied by an 8,000 square foot cement block building and a large parking lot. The building is used as residence and a half-way house. C. Property to the south contains a 19.22 acre pond that was once part of small mining t' operation. D. A small family cemetery is located to the east on a .26 acre tract. f 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. Except for the existing cement block building and the former mining operation, the general area is developed predominantly with residential uses. P P Y 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. Outside storage be permitted, but only to the rear of the principal structure and screened from view from Blue Clay Road and nearby residences 3. Outside lighting be directional only 4. Uses be limited to geological and engineering consulting services, special trade and general contractors. Ordered this 7th day of April, 1997. .1! Ar:1117$� � � � &>� Robert G. Greer, Chairman Attest: 477.-3..:0"'.;C' �iSY 2�2�u�G_ C rk to the Board Affirmation this day of , 1997 Applicant r COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 100 ft. Monopole/Communications Tower The County Commissioners for New Hanover County having held a public hearing on April 7, 1997 to consider application number S-405, submitted by Telespectrum, dba 360 Communications, a request for a special use permit to use the property located at 603 Eastwood Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The planned use requires no water and sewer services. B. The facility will generate approximately 4 to 5 vehicle trips per month to provide routine maintenance. C. The site has access to Eastwood Road via a proposed 15 access easement. A 12 foot gravel drive will be constructed. D. The site is located in the Seagate VFD District. } x 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. Communications towers are permitted by special use permit in the B-2 Highway Business District. The site is zoned B-2 Business. B. The site meets the minimum standards required by the B-2 District and setbacks imposed for commercial uses abutting residential districts. There are no additional setback, location or related design limits specified for communications towers in the B-2 District. The site is also located in the Special Highway Overlay District and the planned uses complies with the additional side and rear yard setbacks-- 25 foot setback for the side and rear yards is required. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Adjacent land uses include commercial uses along Eastwood Road, commercial Adjacent g � services to the west along Vision Drive and residential uses to the east along Cardinal Drive. B. Other communication towers are located nearby. 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 on the fringe of a large area that is zoned B-2 Highway Business. Long Leaf Acres Subdivision 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: 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. Tower be designed to accomodate collocation. 3. Tower be designed per EIA standards to address structural failure. 4. No trees outside the compound and the access easement be removed. Ordered this 7th day of April, 1997. Robert G. Greer, Chairman At * r•`� x 4 Ti • - • -r/g/Y1. - k to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Convenience Food Store/Coffee Shop The County Commissioners for New Hanover County having held a public hearing on April 7, 1997, to consider application number S-406, submitted by David Barefoot, a request for a special use permit to use the property located at 5317 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 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 planned uses will be located in an existing structure. No additional water and sewer capacity is needed. There will be limited food preparation on-site, such as bakery goods. 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. Convenience food stores are permitted by special use permit in the R-15 Residential District. The site is zoned R-15. B. The total area that can be devoted to the use cannot exceed one acre. The subject parcel encompasses .37 acre. C. The gross square footage of the structure cannot exceed 3000 square feet. The ti existing building is approximately 1500 square feet. D. The facility will not be located within the interior of a subdivision. E. The applicant does not plan to provide for the sale of fuel, beer, wine, tobacco products, milk, bread, canned goods, and other products commonly associated with a convenience food store. F. Off-street parking is required at a ratio of 1 space for each 3 seats in the facility plus one for each 2 employees. 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. Property on the east and west sides of the subject property is zoned O-I Office and Institution. The site to the east is the main entrance for emergency vehicles using Columbia Cape Fear Hospital. The site to the west is used as half-way house. B. Property to the north is developed with a large parking lot that serves the hospital. 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 use in the area is a mixture of single family dwellings (across the street), a hospital, a half-way house, a drug store, and a parking lot. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. } B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: I. All other applicable federal, state and local laws. 2. The sale of goods be limited to bakery products produced onsite, pre- packaged foods, gourmet coffees, teas, gourmet chocolates, unique accessories such as mugs, T-shirts, local artwork, newspapers, and magazines and assorted bottled beverages such as water,juices and all natural drinks. The sale of beer, wine, tobacco products, videos, fuel, and other products commonly associated with a convenience food store are prohibited. 3. Limit tree removal outside the areas needed for parking and internal circulation. 4. Construct a circular entrance and exit drive as shown on the site plan to prevent vehicles from backing into the street. 5. Leave existing chain-link fence that surrounds the property in place. A pedestrian access may be povided to the hospital property, but not the Romano property. f 6. Outdoor lighting be directional so it doesn't shine onto adjacent properties. 7. The site identification sign be limited to one ground sign, externally illuminated, not to exceed 12 square feet. Ordered this 7th day of April, 1997. If." go, ite4 �" Robert G. Greer, Chairman • ,; Attest: e k to the Board { STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING/DENYING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Commercial Storage } i The County Commissioners for New Hanover County having held a public hearing on May 5, 1997, to consider application No. Z-600 submitted by Jerry Robbins, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on N. Kerr Avenue, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: p3 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 direct access to N. Kerr Avenue. B. The planned uses require little if any water and sewer services. C. The site is located in the Wrightsboro VFD District D. The site is located in the flood plain, but development will be confined to non- residential use. 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 Zoning Ordinance has been submitted. B. Setbacks and buffering 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: . I A. The site is contiguous with several lots in Section 6 of Churchill Estates and several mobile home units. However, much of the property is adjacent to vacant tracts. 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. Due to the flood plain and attendant wetlands, much of the immediate area is undeveloped. B. As noted, the existing site is occupied by a mobile home park and there are some single family dwellings to the north in Churchill Estates. C. The nearest non-residentially zoned developed property is located nearly 1000 feet to the north on the east side of N. Kerr. 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. Require security fencing around the entire project and vegetative screening from N. Kerr. 3. Require directional lighting so it doesn't shine onto adjacent properties. 4. Limit site identification sign to one ground not to exceed 50 square feet in area and six feet in height. 5. Construct deceleration lane if NCDOT requires it. 6. Require that on-site activities be limited to commercial and personal storage only and that no hazardous, flammable or related materials be stored. 7. Require removal of or fill with sand existing septic tanks that will no longer be in service. Ordered this 5th day of May, 1997. Robert G. Greer, Chairman Atte•'", 'f Cl-rk to the Board S 3 Affirmation this day of , 1997. Applicant { , STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Office and Institution Center The County Commissioners for New Hanover County having held a public healing on June 2, 1997, to consider application No. Z-580 submitted by John Elmore and others, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on Eastwood Road west 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: 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. Public water and sewer are available to the site B. The site has access to a public street (Wrightsville Avenue). C. The site is located in the Seagate VFD District. D. The applicant plans to make road improvements along Wrightsville Avenue to make it easier to enter and exist the site without impeding traffic flow along the corridor. 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 of the Zoning Ordinance has been submitted. B. Off-street parking is provided per the required ratios for offices. C. Setbacks and buffer yards have been established pursuant to local 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 FACT: A. Several houses and a church are located on adjacent property. An 86 unit subdivision is located across the street. B. The property has direct road frontage along Wrightsville Avenue, a heavily traveled street. 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. Development on adjacent properties consists of residential uses and a church. Commercial uses, offices and related uses can be found in the general area too. The most prominent of those is the Galleria Mall, located just east of 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) All other applicable federal, state and local laws. 2) Per site plan as submitted 3) Site development shall be limited to the range of uses identified in the Table of Permitted Uses for 0-I Districts Ordered this 2nd day of June, 1997. • , Robert G. Greer, Chairman Attest 'i w gC rk to the Board Affirmation this I LI day of 4 V u�, 1997. 0 Appl' ant 4 � of ?? f 3 MacCumber Terrace HOA Inc. 6660 Trolley Lane Wilmington, NC 28403 EXHIBIT I ji Zon►Y fi5_4+; h January 31, 1997 New Hanover County Board of Commissioners New Hanover Planning Board Attached herewith is a petition executed by the residents of MacCumber Terrace Homeowners Association setting forth our objections to the request of Howard Capps for John Elmore and others to rezone the property on the southeast side of Wrightsville Avenue across the street from MacCumber Terrace from R-15 Residential to Conditional Use Business CD (B-1)for general retail stores and offices(including a restaurant). This petition sets forth twelve objections to this zoning request. As residents of New Hanover County, we will appreciate your careful consideration of our concerns in disallowing this request. Sincerely, Mary E. Rowan, President MacCumber Terrace Homeowners Association • MacCumber Terrace HOA Inc. • 6660 Trolley Lane • Wilmington, NC 28403 • January 23, 1997 We, the undersigned residents of MacCumber Terrace,petition the New Hanover County Planning Board and the New Hanover County Commissioners to disallow the request of Howard Capps for John Elmore and others to rezone property on the southeast side of Wrightsville Avenue across the street from MacCumber Terrace from R-15 Residential to Conditional Use Business CD(B-1)for general retail stores and offices (including a restaurant). The rezoning request is protested for the following reasons: 1. There are 95 families living at MacCumber Terrace whose only exit/entrance is via Wrightsville Avenue, directly across the street from the proposed shopping center. The majority of the MacCumber Terrace residents are older retirees. Even under existing conditions, exiting onto Wrightsville Avenue can be rather intimidating due to the volume and patterns of traffic. 2. Heavy traffic from Oleander Drive and Military Cutoff merges onto Wrightsville Avenue only a few hundred feet from the entrance to MacCumber Terrace and the proposed shopping center. Other heavy traffic at this intersection is generated by Eastwood Road, Landfall, and Wrightsville Beach. Wrightsville Avenue is a main route to Wrightsville Beach. 3. Wrightsville Avenue is a two-lane road with an approximate 100-yard, yellow-lined merge lane for MacCumber Terrace residents exiting left onto Wrightsville Avenue. Many residents do not use this lane because it is difficult to see when the way is clear of cars approaching in either direction. The use of this lane would be further seriously compromised by westbound Wrightsville Avenue traffic using this merge lane for left turns into the proposed shopping center. 4. Many people traveling on Wrightsville Avenue use the MacCumber Terrace entrance for a U- turn, which is extremely dangerous for residents exiting from MacCumber Terrace. 5. Another shopping center is not needed. There are six shopping centers within a one-half mile radius of the proposed shopping center development. 6. We strenuously object to the "spot" or "strip" zoning on Eastwood Road, Military Cutoff, and many other locations in the county. This is not in the best interest of the adversely affected citizens -- only the developer -- and is a direct conflict with 3.3(3) of the county land use plan. As taxpayers, we are entitled to protection against improper application of the land use plan guidelines. 7. There are four special highway overlay districts in New Hanover County. Two of these districts are on Eastwood Road and Military Cutoff. As one examines these areas, it is obvious that the purpose of these districts has not been adhered to in some cases. A history of haphazard zoning exists throughout the county, as well as random bending of the rules. The county's disregard of its own policies has made our area and others overdeveloped and overcommercialized. • MacCumber Terrace Petition to Disallow Rezoning January 23, 1997 Page 2 8. The drawbridge over the Intracoastal Waterway is a comparatively short distance from the entrance to MacCumber Terrace. When the bridge is open,particularly during the tourist season, traffic, at times, is backed up beyond MacCumber Terrace, blocking our entry and exit. This is also true when the traffic lights are not functioning properly, or when there is an accident at the new intersection. The traffic generated by the proposed shopping center will add to the existing congestion and further delay the response time to 911 and/or fire calls. 9. The property in question is zoned for residential development and should remain as such. A great deal of property in the county originally zoned residential is no longer residential, or the remaining parcels are surrounded by commercial enterprises due to rampant rezoning. Enough is enough! 10. Drainage is very poor at MacCumber Terrace. Heavy rains result in flooded streets. This condition will worsen with a commercial development across the street. 11. The state has just completed the new connections of Wrightsville Avenue and Military Cutoff, making a vast improvement in traffic flow. If this rezoning request is allowed, the benefits received from this new intersection will be negated. Don't forget, it took twenty years to get Smith Creek Parkway started in order to relieve the congestion in that area. We don't need another dangerous bottleneck that will endanger lives and perhaps take another twenty years to correct. 12. A commercial development directly across the street from the entrance to MacCumber Terrace will, in all probability, result in a decline in the property value of the ninety-five homesteads. Homeowners purchased property on the assumption that the area in question would remain residential. Name Address Signature L/1ftg.y E. ?OWfAI (07li (?4&E LthvE � .c ,<71: WAL 674 e 7t, ..•7117. 1� )-L-1 6 rv1 S, )- 55 cio ( G ABL 1.-RA% �/1��2�-�►�-.�,7� r AWN Mb 4 . 4 _645fiZaj.j4 h, , //, /- e• G eWe 6'1 g g - S (, 3 (141x, ) ( l,. /, 6 7e).7 idet,),A) } ; , • MacCumber Terrace Petition to Disallow Zoning January 23, 1997 Name Address Signature -UA.CM F- . ICJ l vkr (� ?� 1 tZ��j -1e42 d 0,\ �i ft,( r71 -, �fci)e N 57'0/iv 465s //dew/l/''L. 4, I - , _ ./,‘&..,:& /AAA) R. LAktAA/a 44 i/ lam. 44,. . /. A -'e---- � i / , � �, - .�: . �. i . .. I, G4:64 4 'JL_.W._. ► • /, ,... ,.,, 7 -t - - c0 Ay ,, �/� ,.. ' Z.--yir J4.-t-mt. Ph?cs 4 4,1 7 7/74,eizzvTam. r. /.17,„,44,,d, fpld G. Iv\gvv,'N j-) Lf (u{o �s 1ouweAeQ. 1- t - Vflctrj - f40 f 665,5 / :o,6141 -r I n 3/ l,(i 14.1. f i4-M fl'Oel(e 6 6 G o %0Eh/Jttx._iN . --- - — _11,_.,_/. V ', /1- ci<j o 7 ,4ie,e ziv. 7/dor " — ,:, , i Hon's /I/ c)0A14-5 ti6s6 �v�w/9 tkr IfI• � � ., �.` 1 pz,z./.5- ei, JoAki-..-s- .6_65-6 --ripliv2r-h-s_2,,v.-- Alrif , .,-/-,-2 --J pL1nJ ). NAS--CtarrN to (9 -^4 Ti DEA.,anA. ,I ' Nk V M/3(1.`r 2.. 1-A5--e-4 iNt rs.1 ‘,6 5-1-- rn Ew i '7- )``"7 -4"-- lard-livi O . SI-cti///2/5 t‘..5-3 7T-ck4/44y- IA xlee-24•(, • a letAfz,,p ' CA 4,4&. v`"'/. M #'s /p.3 49c e q/NSe,- kr'• Cax,„K. /97 ,y YUSIU) ,C dr 1c(6 caq' rr' bf . it It 4t A • AVE W-eVy.'" ‘; d''''-'716'e-2461:-, ed-$4z-- 6 / ' , . ille7II Of 3 //ec C i - ,(A/ / i//et AkED 1-kLM6_ I7 -e E. C. WRrrs ,240‘liAeCluoleit 4. ifier..a t4 ' GIVE butihA k;13 3./.1-13o spy LAN F. .4--).-1 ori` MacCumber Terrace Petition to Disallow Zoning January 23, 1997 Name Address Signature WOAl //e2/ 47, /d 44ieegi.iiei 4 ...,,f4-,& /, 1741-1 PI 1 I/4/2 020/o I'f 1+ ..-5f' /S.el/ // l'Afar _ _ _ AVIAWL .1 /4 __//e-/ /4 44, A, n t:7 2o1q #44cc e44, tie, MAW sir 7111MW. 20/7 /14 Air-(-‘,7 ,-/, (/ c/l ,, jq,`7-" o2D/7 a4CGL/til��//' fret- . e/ o4 OL, 7e/it.e Z-Krz.... 4 4 s"7 j/AW 0 Z":"- -?...e,L - _..-Ze-"----- MAa KIL/ aoo02Nl cubti15E1? v ,.._i_ _Air , / gq3,01 Are 4b 191 Li 111l4cc uP, bk:g J/�m,JL 4/e/? . . I `i 111 n'1r�t c,� M b��rL >r .4.r • LEA', 1?` I L. S cf3L.gy az i 5— mA c..c u )n bF re_ I / ' 5-Artay crAo j..6 iiteg.vredee 14 bC - 1...._ s./ / t)\CDr'r`f\a. , t 1)5t i"- (1(1 5-'I-TS'k- tk \'' .. II aNI:1;ftaa■-_-.&- ORE / i JI L . a ) , r G G G z ' I -✓ L-a•i a�� _ G° .`; . teloZ-iteGee.A), Zg.., , ,, 177e,,,IZ , r 13.(Ai -c,f / v,,i,d 207)/ -.)-/t M'A y Zr r `/ /7,, _ , e.. ', •A=:t. e‘t_rt_.... / g5-5 4L S. A4eSebey /9/ G,¢TFUv,q 47ft. L_ - clan le C/eLT1- l 90q ,eprx. r - • • MacCumber Terrace Petition to Disallow Zoning January 23, 1997 Name Address Signature 1( ‘(-6 (1'444_ Z".r. n(kie.2eie S TZ AR; 6 664 & : Cr}Q LA! y , -/ r I 6, f 1 z e �rAh � 6 G G 2 ea.Q,.P._ Cct,,, 4'„, • 140./14;:L. 6 .70 2_ e.aig. 4„ ,e_ .407, rn Aa h 6-&it'c 6 707- 6a_b la (lax ,PadA z Iv/ 6 966,. auGz. eze, L-ptz c.,Q,Lelta,Dtk / if- .1 C44-4 c44 Ng .: e ►f _ �� Al , 36 row:, �. , i e ._. ./c 9/ 0 �I.%ll'`/ Air Lam_ 7i { ! . i . ; , . , , , Mac Cumber Terrace Petition to Disallow Zoning January 23, 1997 , , Name Address Signature y / EOZ3er 11,4/Ni_55.il 72-3 a g 1..5 cd..4,e /...A.„var AIL.f. — A, "‘Mir 6/3 7 C. ./ft&--0)(/-e_ 4 - Z . ,. ____...../ r AiNCy Th011/? .--, / 7 4// Cet6ie Car- Lie iir /_ L---- ,4,7"---a--,777 • r474-4-f,L„) Z 7- 7 (266.1-ec, 4; ii 1 , 7.-)I, l'' (c1 -3-,-- (' ,0_. ' ' , ci (Zen oi Li (--A.K TomAs 0 - Mi ■laxck, (a9 3 3 CP c e cia,-a_uw ,,,,/-) / -w'4.-, . / ' 4 C?I0 R ■ A- , S 7,;Lq Ottleh(d124A/ite -/.■;' , ii,_ '";/.;Avi.- Wi/itif)Qeci-S. Ile) f Fp9,941 .. f?1 / - 7z- f- ‘ ,,4 Z /5t 7/2rrPe ...._,/A li c- tI ' .-2,------- /11-Y/2 A (9& , f, P L A. idi,s ci•C I A/- (9 7 4-/,f) e IWF eilg Lperv :_, eii;,0, GP— V.1A. -.;':Di, -..----i"- : , : , : , ,' MacCumber Terrace Petition to Disallow Zoning January 23, 1997 Name Address Signature F,- c/4_,,, L. >tAg 6'7 a7e,J1 4f..-L) AIM.. ; : ,/ .4),___5-.>-,t, 1 40 /04#11Affir47 AN/VE to. Ai&/nm6es 6 9/3 aJ, &A. oe t ..,.c. W• >(e,y-ice- 6-to is , GJ/I i re- 709 , i cg--,4.- K , _ , _ .,.6., , 01, t . X16 r _ .Li, ,, \y `, /cZ Ko ., /7�. DCi ( E. 4' 003 6ga/eh/a /xi/ye _[11s / `` ,., t iv.i \ , { I { t £f • •• , ; Mac Cumber Terrace Petition to Disallow Zoning January 23, 1997 Name Address Signature .09% •A) 6 J , L. ,_ff )( /4-171, C6 g-777c-t- Lgy Cf /1/ e- t 657 7 1 e c. id-ict_C impLei e/ tr, , m . 666 _,A.„4,1 • stos■ , up,464 -401W::eiti roworAr.," i • 9 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA r ORDER GRANTING A SPECIAL USE PERMIT Community Boating Facility (Ten Slips) 1 i The County Commissioners for New Hanover County having held a public hearing on June 2, 1997, to consider application number S-407, submitted by Landfall Associates, a request for a special use permit to use the property located east of Horseshoe Island in Pembroke Jones Park 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. I t 2. It is the County Commissioners' CONCLUSION that the proposed use DOES I satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: t A. The facility does not require water and sewer service, though it is fairly common to I provide water service to wash down boats and equipment. B. The site is located in the Seagate Volunteer Fire Department District. i C. Pedestrian access is available from the adjacent subdivision. i D. The pier and docks are sited such that interference to navigation along the waterway is avoided. 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. Community boating facilities are permitted by special use permit in the R-20 Residential District. The site is zoned R-20. B. The right to use the facility will be conferred by an access easement appurtenant to i each lot of the residential development. (NOTE: Approval of a preliminary plan for a ten (10) subdivision adjacent to the facility is pending--three of the lots have already been recorded. i C. Instead of providing a separate off-street parking lot, the applicant proposes that ¢' parking be provided at each individual residence. A total of ten parking spaces is required. D. A CAMA permit will not be issued for construction if it is determined that the project will have significant impacts on water quality, shellfish grounds or conservation resources. The adjacent waters are classified SA. Adjacent shellfish grounds are closed. E. Commercial activities are prohibited. None is proposed. i i F. The total number of slips planned equals the number of residential lots to be served. (10) : I k 3: t 4. It is the County Commissioners' CONCLUSION that the proposed use DOES n satisfy the third general requirement listed in the Ordinance; namely that the use will not substan- g tially 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 provision of private boat slips for residential lots typically complements land values instead of diminishing them. M B. Similar facilities are not located nearby, but are commonplace along the waterway. 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 a 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. The Land Use Plan prohibits general development in conservation resources areas t such as salt marshes. However, the Plan encourages water dependent uses, including piers, ramps, and boating access provided important natural resources are not severely impacted. P B. The establishment of these types of facilities is common all along the Intracoastal s Waterway. 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: 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 stated. 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. f C. Other: 1) All other applicable federal, state and local laws. 2) Off-street parking will be allowed on each individual lot. 4 Ordered this the 2nd day of June, 1997. 4 1 b-4 tiki!itiip i/6041•44......_ t l ':t '" Robert G. Greer Chairman 4111.111 Attest: l y� Cl k to the Board i 1 � Y COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Custom Wood Products The County Commissioners for New Hanover County having held a public hearing on July 7, 1997, to consider application number S-408, submitted by Mike Nunnally, a request for a special use permit to use the property located in Murrayville Station Business Park on Capital 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 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 rc 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 an approved industrial/business park. Water and sewer services have been installed.. B. The site has access to streets that will be dedicated for public use. C. The site is located in the Wrightsboro VFD. D. The proposed use does not generate smoke, air borne debris or related by-products. No air quality permit is needed. 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 Ordinance has been submitted. B. The facility will be located in an existing approved industrial/business park. C. The planned building meets the conditions of the existing conditional use zoning district. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The adjacent properties within the existing business park are zoned for a wide variety of industrial type uses,commercial services, storage and related uses. Id 1 I i N i B. Though the site is in close proximity to residential lots fronting the west side of N. Kerr Avenue, it will be separated by a 75 foot buffer. C. The site only has access to internal streets serving the business park. No access to N. i Kerr is permitted. 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 1 development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 i A. The facility would be located in an approved industrial/business park. B. A 75 foot buffer between the rear of the building and North Kerr Avenue will be provided. i C. In addition to being located in the business park,the site is in close proximity to the commercial node formed by the intersection of N. College Road and Murrayville Road. D. The site is already zoned conditional use industrial. Y 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=HAVE NOT 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 r the Ordinance for the proposed use, as well as any additional conditions i hereinafter stated. ' r 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. i Ordered this 7th day of July, 1997. „11I1IIiry 4 ''■ Si,- tid/Miliu---- i `� '�� Robert G. Greer, Chairman Aft 4P__ V ” tA....„ ._ , -rk to the Board s ' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Specialty Retail, Office and Inn The County Commissioners for New Hanover County having held a public hearing on July 7, 1997 to consider application No. Z-604 submitted by Joel Tomaselli, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on 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: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Sections 71-1 (3) and 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 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 facilities will be connected to a private community water system and County sewer. B. The site has access to Southerland Avenue,an open but otherwise unimproved public street. The site will also have access to an existing drive that now serves Phase I of Lumina Station, a mixed used retail/office center located north of and contiguous to the site. This drive provides direct access to Eastwood Road. C. The site is located in the Seagate VFD District. D. Part of the site is located in the 100 Year Flood Plain, however, no buildings are planned in this area. Development in the flood plain will be limited to off-street parking, footbridges for pedestrian use, and road crossings with bridging to support vehicle traffic. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The applicant has submitted a site plan pursuant to the Zoning Ordinance. B. Applicable setback and buffer yards can be met. C. A traffic impact statement has been 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 necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. There is a broad mix of land uses in the general area Commercial development abuts the site to the north and east. High density residential development is located to the west. Scattered single family dwellings and a large public well facility are located to the south. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The proposed development would constitute Phase II of Lumina Station. Lumina Station Phase I,located on the adjacent property is a shopping center offering a wide mix of specialty retail, office space and personal services. 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 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 1 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: I 1. All other applicable federal, state and local laws 2. Site identification sign must be in accordence with Special Highway Overlay District Regulations. 1 a 3. Southerland Avenue be upgraded along the sites's frontage consistent with i i similar improvement made for Phase I of Lumina Station. 4. Only directional lighting be permitted for exterior illumination. 5. Trees be preserved to the greatest extent practicail. 6. Impervious surfaces be limited to the greatest extent practical in the 100 year flood plain. t t 7. Uses be limited to those listed in the attached listing. i r t t s • Ordered this 7th day of July, 1997. ,,ia117st I `C,;..40 ID/36k- 90 `` y Robert G. Greer, Chairman Attest: '�Fii, • Cler to the Board Affirmation this2 fi`day of SL.,LY , 1997. r / Applicant F f a i 1 ¢ y v ,S I 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 August 4, 1997 to consider application number S-410, submitted by Mary Blanchard , a request for a special use permit to use the property located on Sycamore Avenue in Castle Hayne 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. A private well and septic tank will be utilized to meet water and sewer needs. B. The site is located in the Castle Hayne Volunteer Fire Department District. C. The site has access to Sycamore Avenue. 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 on property zoned RA Rural Agriculture. The site is zoned RA. B. The site exceeds the minimum lot area required by the underlying zoning district. C. All required minimum setbacks 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. Land uses on adjacent properties include other mobile homes, single family dwellings, and farming operations 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 i . 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 residential uses in the general area, including mobile homes on individual lots of record. 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 August, 1997. 17/1.1g_ ,44,..._ ! �=,�; Robert G. Greer, Chairman � � Attest: )1, Gt:4:4.)N , Cle k to the Board � I ;3 7 i 2 i 1 COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Nursing Care Facility The County Commissioners for New Hanover County having held a public hearing on August 4, 1997 to consider application number S-409, submitted by Autumn Corporation, a request for a special use permit to use the property located at 5725 Carolina Beach 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: t 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-9 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. Sewer will be provided by the County. Water will be provided by Cape Fear Utilities. 1 B. The property is located within the Myrtle Grove VFD District. C. The site has direct access to Carolina Beach Road. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy 1 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. Nursing and personal care facilities are permitted by special use permit in the R-15 Residential District. The property is zoned R-15. 1 B. The site must contain at least two acres. The facility will be located on about six acres. The total tract encompasses 13.16 acres. C. A site plan pursuant to the Zoning Ordinance has been submitted. All minimum setbacks can easily be met. D. A 25 foot landscaped buffer will be provided on the site's side yards. A ten foot landscaped buffer will be provided along the road frontage 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: i . A. The State has issued the applicant a Certificate of Need, indicating that additional health care services of this nature are needed in the County i 2 1 I • E j B. The site is located between two existing commercial districts. The B-1 District to the north includes a plumbing supply and contracting business. It also includes a discount building supply business. The B-2 District to the south includes the Tot-em-in Zoo, miscellaneous retail and commercial services 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 1 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 development in the general area is a hodgepodge of commercial and residential uses. The primary residential areas include Equestrian Estates across US 421 from the site and a small enclave of housing along Rosa Parks Lane to the north. Non-residential uses include retail, storage, entertainment, commercial services and related uses 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 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 g 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: 1. All other applicable federal, state and local laws. 2. Ground sign only, 50 square feet and a maximum of 6 feet in height. 1. 3. Deceleration lane per NCDOT approval. Ordered this 4th day of August, 1997. r t ,.`sir`r 10..'%- fild'ilt."-"" , ' �,► Robert G. Greer, Chairman A le I Att ' t►, • Cl rk to the Board p' t • - a t 1 i i COUNTY OF NEW HANOVER =` STATE OF NORTH CAROLINA p i ORDER GRANTING A SPECIAL USE PERMIT Child Day Care (9 children) 1 The County Commissioners for New Hanover County having held a public hearing on September 2, 1997 to consider application number S-411, 8/97, submitted by Linda Mitchell, a request for a special use permit to use the property located at 126 Disney 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 r requirements set forth in Section 72-20 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. € 1 2. It is the County Commissioners' CONCLUSION that the proposed use DOES I 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 r Commissioners make the following FINDINGS OF FACT: 1 A. The existing structure is currently served by water and sewer. There is no known need at the present time to upgrade these services to meet the additional demand. B. The site has direct access to Disney Drive. C. The site is located in the Winter Park VFD District. D. Interior modifications will be made to meet the minimum State day care licensing requirements. r 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 1 the following FINDINGS OF FACT: 1 A. A site plan as required by the Ordinance has been submitted. B. A fenced play area will be located to the rear of the principal dwelling. f C. Existing access to the site is designed so that pick-ups and drop-offs can be made without backing into the street. D. Adequate area is available to meet off-street parking needs. The required ratio is one space for each employee plus four spaces for patrons. t tf 4. It is the County Commissioners' CONCLUSION that the proposed use DOES a R 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: ii A. Each adjacent property is occupied by a single-family dwelling that is similar in t a 1 1 size, height, scale and architectural style to the home at 126 Disney Drive. : B. The County has issued permits in nearly identical situations throughout the I County, including this neighborhood. 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: i e A. The land use pattern in the area consists entirely of single family dwellings that are primarily owner-occupied. B. The County issued a special use permit for a similar operation on nearby Kelly Road in January 1990. There is no known record of complaints for that operation. C. No exterior modifications are planned to the dwelling. D. The facility will be owner-occupied. 1 6. Therefore, because the County Commissioners conclude that all of the general and if specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, F IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: s 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 1 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 t jurisdiction, then this permit shall become void and of no effect. C. Other: F 1) All other applicable federal, state and local laws. 2) No outside site identification sign is permitted. € 3) Move swing set to rear yard. 4) Confine play area to rear yard. 5) Hours of operation shall be 7:30 a.m. to 6:00 p.m. Ordered this 2nd day of September, 1997. a ..:04A i Ro.ert G. Greer, Chairman Attest: I 1 I,' t . C -rk to the Board s 1 t s COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT Y. Child Day Care Center d The County Commissioners for New Hanover County having held a public hearing on September 2, 1997,to consider application number S-412, 8/97, submitted by Cinnamin Herring, a request for a special use permit to use the property located at 110 Elisha 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 of the County Zoning Ordinance WILL NOT be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County commissioners' CONCLUSION that the proposed use DOES NOT satisfy the fourth general requirement listed in the Ordinance; namely that 4 j the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the commissioners make the following FINDINGS OF FACT: A. The proposed use would not be in harmony with the surrounding residential development because the residential structure would be totally devoted to day care instead of being owner-occupied as is common in residential settings. k' 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 NOT been !' satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED. Ordered this 2nd day of September, 1997. 1b. '41•1A444--- 4 ' . ' Robert G. Greer, Chairman Attest: ' U t IP/ rm-- • 4 !JA Cl k to the Board Y ' 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Communications tower(150 foot monopole) 1 The County Commissioners for New Hanover County having held a public hearing on September 2, 1997,to consider application number S-413, submitted by GTE Mobilnet of Wilmington, a request for a special use permit to use the property located at 5501 Greenville Loop Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 69-17 of the County Zoning Ordinance WILL be satisfied if the t property is developed in accordance with the plans submitted to the County Commissioners. u 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: t A. This type of use does not require water and sewer service. B. The facility is un-manned C. Access to Greenville Loop Road will be provided by a 20 foot access easement. p P Y D. The site is located in the Seagate VFD District. E. There is no scientific evidence to support the low level electromagnetic waves generated by these types of towers poses a health risk. 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 Zoning Ordinance has been submitted. B. The applicant complies with newly adopted rules related to the placement of towers. C. Communication towers and related structures are permitted by special use permit in the R-15 Zoning District. The site is zoned R-15. 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: " f A. The proposed tower would be located on a site already occupied by a 230KV electrical substation. i 1 B. The nearest residence to the base of the tower would 225 feet away. A large grove of trees is located on the east and west sides of the tower site The trees' average height is 50 feet on the east side and 98 feet on the west side. The applicant proposes to utilize the existing dense foliage to serve as a buffer for nearby residential uses. Moreover, additional plantings will be provided west of the entrance to promote ground level visual opacity between the equipment building and residential uses in Clear Brook. 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. Adjacent land uses include Clear Brook Estates to the west, a dog kennel and residential uses to the east, a substation to the north and residential uses and a sewer pumping station to the south. B. The tallest manmade structures in the area are the support towers for high voltage overhead electrical transmission lines. 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. Existing vegetation can be used to meet buffer standards for the equipment compound; however, in the event those trees are removed, GTE will be required to install a planted buffer. Ordered this 2nd day of September, 1997. .�- __ Robert G. Greer, Chairman Attest: '" t.; • Ate, Cl, k to the Board STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Landscaping Services and General Offices The County Commissioners for New Hanover County having held a public hearing on October 6, 1997 to consider application No. Z-609 submitted by Jackson Landscaping, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located at 7741 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. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1(3) 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 tharst 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 Ogden VFD District. B. The site has direct access to Market Street. C. Water and sewer services will be provided by an on-site well and septic tank. 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. A site plan meeting the minimum requirements has been submitted. B. A tree inventory has been completed. Land disturbance and related clearing will be limited to the building envelope and parking area. C. The proposed building height is 10.9 feet. This equates to a 30 foot side yard setback and rear 40.6 yard setback. A 20 foot buffer is proposed D. The applicant proposes additional streetscape plantings. As a result,a 25%reduction in the front yard setback for the parking lot and principal use is proposed (and permitted).This meets the minimum Special Highway Overlay District requirements. E. Off-street parking is provided at the required ratio. 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 property has direct frontage along Market Street. Ari 1 , t B. Adjacent properties are developed with housing or are vacant. if C. Commercial uses are located on properties to the northeast and southeast. D. Property across the street is zoned B-2 Business i 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 4 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 mixture of commercial and residential land uses along this stretch of Market Street The emerging land use pattern appears to favor commercial and related non-residential uses. f 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, F 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. 0 B. If any of the conditions imposed by this special use permit shall be held invalid r 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 October, 1997. I i �;n r��ryr c tik i.)„ 1 4 -"•�'. Robert G. Greer Chairman Attest: 4/1411:V\'� f G C to the Board i Affirmation this day of , 1997. i F. Applicant `k i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT Child Day Care Center The County Commissioners for New Hanover County having held a public hearing on October 6, 1997 to consider application number S-414, 9/97, submitted by Warren Wilson, a request for a special use permit to use the property located at 6102 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: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL NOT be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The scale and scope of the proposed building would not be in harmony with the residential uses in the area 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 NOT been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED. Ordered this 6th day of October, 1997. dR Robert G. Greer, Chairman Attest: Cl-rk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Mobile Home Park Expansion,Wheel Estates The County Commissioners for New Hanover County having held a public hearing on October 6, 1997 to consider application number S-415, submitted by Billy Towles, a request for a special use permit to use the property located atWheel Estates and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is served by a community water system and County sewer. B. The site has access via local streets connecting to Station Road. } 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. Mobile home parks are permitted by special use permit in the R-15 Residential District. The site is zoned R-15. B. The planned lots equal or exceed the minimum area required for mobile home spaces. 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 planned spaces are located within an existing mobile home park. 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 existing park has been in continuous operation for a number of years. A minor expansion would not cause a substantial change in the area's existing land use pattern. ' e 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction,then this permit shall become void and of no effect. C. Other: All other applicable federal, state and local laws. Ordered this 6th day of October, 1997. ft'1074&.&14. Robert G. Greer, Chairman Attest: { Cl k to the Board { J 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA z i ORDER GRANTING A SPECIAL USE PERMIT Mobile Home Park Expansion,Hidden Lakes 1 I The County Commissioners for New Hanover County having held a public hearing on October 6, 1997 to consider application number S-416, submitted by Billy Towles, a request for 1 I a special use permit to use the property located at Hidden Lakes and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and k if draw the following CONCLUSIONS: k 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 F Commissioners make the following FINDINGS OF FACT: i A. The site will be served by community water and County sewer. B. The site is located in the Ogden VFD District. 1 C. The site has access via local streets to Military Cut-off. 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 s the following FINDINGS OF FACT: S `s d t 9 f A. Mobile home parks are permitted by special use permit in the R-15 Residential District. The site is zoned R-15. B. The planned lots equal or exceed the minimum required area for mobile home S spaces. 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 1 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 planned spaces will be located within an existing mobile home park. § 1 1 i 4 1 3 1 s , 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 existing park has been in continuous operation since 1981. A minor expansion would not cause a substantial change in the area's existing land use pattern. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent { jurisdiction,then this permit shall become void and of no effect. C. Other: All other applicable federal, state and local laws. Ordered this 6th day of October, 1997. ,:1117$ 4114AAL° Robert G. Greer, Chairman Attes rk to the Board j I 4 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 32 Slip Community Boating Facility The County Commissioners for New Hanover County having held a public hearing on November 3, 1997 to consider application number S-417, submitted by Saponos Pointe Homeowners Association , a request for a special use permit to use the property located at Saponos Pointe 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 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: A The facility does not need sewer service. Water service can be provided. B. Vehicular access is available via an adjoining tract having frontage along River Road. C. The site is located in the Federal Point 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-15 Residential District. The site is zoned R-15 Residential. B. The total number of boat slips does not exceed the total number of residential lots to be served. C. An unknown quantity of off-street parking designated for visitors is provided on adjacent high ground. The ordinance requires one off-street space per slip, however,the County has approved many similarly situated facilities with parking provided at individual lots within the adjacent subdivision. The purpose of that variation is to promote water quality by limiting impervious coverage. D. Each lot owner in the adjacent subdivision (Saponos Pointe)will have access to the facility. Y E. No commercial activities are permitted and none are proposed. F. Except for pier construction across marsh grass for pedestrian access to the docking facility, land disturbance is expected to minimal. Some dredging is needed and will be confined to a short entrance channel around the docking 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 substantially injure the ;5 1 I , I , * I I value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, I t the Commissioners make the following FINDINGS OF FACT: I I A. In similar situations, the construction of piers, docks and boating facilities to serve I adjacent residential uses has preserved or increased property values. 1 I 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the i fourth general requirement listed in the Ordinance; namely that the location and character of the use if i developed according to the plan as submitted and approved will be in harmony with the area in which it is I to be located and in general conformity with the plan of development for New Hanover County. In I support of this conclusion,the Commissioners make the following FINDINGS OF FACT: i I A. Piers, docks, community boating facilities and related uses are commonplace along the I 1 county's riverine and estuarine shorelines. B. Similar facilities, though varying in scope and scale, have been constructed to serve nearby subdivisions. I 1 i 6. Therefore, because the County Commissioners conclude that all of the general and specific I 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 I permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. 2. No more than 15 parking spaces be permitted in the planned visitor lot. 3. Outside lighting in the parking lot area be limited to directional lighting to I minimize impacts on the adjoining lots in Eastbank Landing. 4. Install a heavy chain with a lock across the driveway to the parking area to control I access. The chain should be connected to two (2) six (6) inch posts on either side of the drive. 1 I I Ordered this 3rd day of November, 1997. I : , ,vklillIfibt, Vtita I 4■-efilvi Robert G. Greer, Chairman i Sf....* i 'i"P---1:•*-* t Attest: t,Ic::.,,:1".10 .• : i I (4 / *islitt ■ '-' I i i 1 I I Cle k to the Board t i I I I I I I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Child Day Care Service The County Commissioners for New Hanover County having held a public hearing on December 8, 1997 to consider application number S-418, submitted by , a request for a special use permit to use the property located at 4912 S. College Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-20 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 church and accessory uses are already served by water and sewer. There is no known need to expand those services. B. The site has direct access to South College Road. 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: A. Child day care is permitted by special use permit in the R-15 Residential District. The site is zoned R-15. B. The current facility has been in operation for over 12 years. It has received a state license, meaning it complies with State guidelines for such operations. C. Off-street parking is provided at ratios that exceeds minimum 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 FACT: A. The day care service is confined to the existing church complex. The church was originally approved by special use permit in 1973 and the day care has been in use for over 12 years. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The church has operated at this location since 1973. At the time, a special use permit was required. Today, a church would be permitted by right at this location. B. There are no records of objections or complaint of the use. 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) Enrollment may not exceed number authorized by the State of North Carolina. Ordered this 8th day of December, 1997. aNrr William A. Caster, Chairman Attest: / • C - k to the Board e { g 1 Fp: COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 150 Foot Communications Tower(Monopole) The County Commissioners for New Hanover County having held a public hearing on December 8, 1997 to consider application number S-419, submitted by Bell South Mobility, a request for a special use permit to use the property located at 2525 Castle Hayne 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 and Section 69.17 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site has direct access to Castle Hayne Road, a public street. B. The site is located in the Wrightsboro VFD District. C. The planned use requires no water or sewer service. D. Current scientific evidence suggests that low frequency communications towers do not emit harmful doses of electromagnetic waves. 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 Zoning Ordinance has been submitted. B. A communications tower is permitted by special use permit in the B-2 District. The site is zoned B-2. C. An affidavit filed by the applicant's real estate and construction manager states the planned tower would be in compliance with Federal Communications rules,the Telecommunications Act of 1996 and the National Environmental Policy Act. D. A letter signed by the applicant's regional zoning counsel has been submitted stating that there are no suitable structures within the search area on which to collocate,thus a new tower is necessary. E. The applicant states that the planned tower will be designed to permit up to two additional users. The Ordinance requires towers of 150 feet or less to accommodate at least one additional vendor. F. The tower height proposed is 150 feet. No residential use is within 150 feet of the base of the tower. Also,the tower and support compound is not within 50 feet of a residential property line. 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. Most studies submitted to date for similar cases indicate that cellular, DCS,and related communications towers do not have a detrimental impact on property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A wide range of land uses can be found in the general area. Single family dwellings are located to the south and west. Commercial uses, including retail, services and related uses are located to the north and west. B. The tower would located on a tract zoned B-2 Business. Recently, a small retail center was constructed on the same tract. 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) Per site plan. Ordered this 8th day of December, 1997. e 46, lit, 4,015 William A. Caster, Chairman Attest: 4111040 ' • A. ' • erk to the Board