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Special Use Permits 1998 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT High Density Development,Ballantyne Townhomes The County Commissioners for New Hanover County having held a public hearing on January 5, 1998,to consider application number S-420, 12/97, submitted by Ballantyne, LLC, a request for a special use permit to use the property located on Allens Lane and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL 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 proposed use would not be in harmony with existing land uses along Allens Lane, which consists primarily of single-family dwellings. I/ 3. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE NOT been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED. Ordered this 5th day of January, 1998. ,;>' . William A. Caster, Chairman Attest: 7,Lii C� • C -rk to the Board 4 { //rni ADDENDUM TO Z-454, 6/92 AN ORDER GRANTING A SPECIAL USE PERMIT FOR HEALTH CARE, GERIATRIC CLINIC AND PHYSICIAN SERVICES AT CORNELIA NIXON DAVIS HEALTH CARE CENTER The Board of County Commissioners concludes that all the of the general and specific conditions precedent to the issuance of a special use permit are met and therefore orders the application to convert the resident manager's office into an adult daycare facility for up to fifteen adults be granted. Ordered this 5th day of January, 1998. ii Nitii William A. Caster, Chairman,::- , '441i ii) Attest: Ct&;.\- lerk to the Board ti pj a 3 gg :4 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Child Day Care(23 children maximum) The County Commissioners for New Hanover County having held a public hearing on March 9, 1998, to consider application number S-425, submitted by Ms. Linda Robinson, a request for a special use permit to use the property located at 5414 Park Avenue and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-20 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 facility is already served by water and sewer. B. The property has direct access to a public street. C. The site is located in the Winter Park VFD district. D. There are no conservation or related environmental constraints. 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. Part of each side yard and the entire rear yard would be enclosed by six foot high wooden fence. Outside play areas must be enclosed by a minimum four foot high fence. C. The applicant plans to construct a circular drive to accommodate drop-offs and pick- ups. Access to the site must be such that pick-ups and drop-offs can be made without backing into the street. D. No off-street parking is shown. The minimum requirement is one space for each employee plus four spaces for drop-offs and pick-ups. E. The site plan calls for a fifteen square foot site identification sign. The maximum allowed by the Ordinance is twelve square feet for sites fronting collector or arterial roads. The maximum for all other locations is two square feet. 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 consist primarily of single family dwellings and mobile homes. Other uses located in the vicinity include another pre-school, church, beauty salon, a movie theater, and a bicycle shop. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance;namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No exterior renovations are planned for the structure. The only site changes planned are the construction of a circular driveway, off-street parking,and a fenced play 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 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 9th day of March, 1998. QC lid /J4iLez.. William A. Caster, Chairman , Attest: 411-1-411 _ 'erk to the Board Addendum Z-593,2/97 Site Plan Revision: Change Use Range The Board of County Commissioners for New Hanover County, having held a public hearing on March 9, 1998,to consider a request by Patricia Henderson to revise the existing site plan to permit a broader range of general and professional offices, concludes that the proposed change satisfies the general requirements for the issuance of a special use permit and/or revision thereto. Ordered this the 9th day of March, 1998. A, 0 ;44! William A. Caster, Chairman Attest: 11 ClEtdc;/ erk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Dwelling Unit Incidental to Principal Use (Manager's Residence) The County Commissioners for New Hanover County having held a public hearing on March 9, 1998, to consider application number S-423, submitted by Coastal Storage, a request for a special use permit to use the property located at 6947 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: 9 j 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-29 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 Market Street. B. The site is located in the Ogden VFD District. C. The site has access to County sewer. A private well is planned for water service. D. Similar facilities have been approved by the County without record of complaint or problems. 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 B-2 Business. Dwelling units incidental to a principal use are permitted by special use permit in the B-2 District. B. The dwelling will be located on the upper floor of the main office. C. The building housing the dwelling can comply with setback requirements. D. The area of the building devoted to the dwelling does not exceed 50% of the total floor area of the structure. E. Adequate off-street parking is provided. F. Open space equal to or exceeding the floor space devoted to the dwelling can be accommodated on site. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The dwelling will serve as an on-site manager's residence for a planned 53,900 square foot personal storage facility. Adjacent land uses consist primarily of retail, business and personal services and related uses. Because the site is zoned B-2, the personal storage facility is permitted by right. 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 dwelling will be located on the upper floor of an office building that will be built to oversee the daily operations of the personal storage facility. B. Similar facilities are located throughout the County. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: All other applicable federal, state and local laws. Ordered this 9th day of March, 1998. X'4 William A. Caster, Chairman Attest: ACtal/L. C rk to the Board I I. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING/DENYING A SPECIAL USE PERMIT Health Care and Assisted Living(200 units) The County Commissioners for New Hanover County having held a public hearing on March 9, 1998,to consider application number S-424, submitted by Landfall Village Partners, LLC, a request for a special use permit to use the property located in the Landfall/Pembroke Jones Park development 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 72-9 of the County Zoning Ordinance WILL =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 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's primary access would be to private roads within the Pembroke Jones Park Subdivision. An additional secondary access point is planned for Old McCumber Station Road. It will be used as a service entrance. B. Several wetland areas are identified within the tract, but none of those areas will be disturbed. The site is also located in the upper reaches of Howe Creek, which is classified as one of the County's Outstanding Resource Waters. As a result, drainage management is critical to maintain water quality. C. The site would be served by City of Wilmington water and County sewer. D. The site is located in the Ogden VFD district. (NOTE: The site is in the Phase I area of the City's annexation plan.) 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. Nursing and personal care facilities, including assisted living care and ancillary uses, are permitted by special use permit in the R-15 and R-20 Residential Districts. The property is zoned R-20 and R-15 Residential. B. All required setbacks can be met. C. A total of 253 off-street parking spaces will be provided. D. Adequate area is available to meet required landscaping needs. 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 substan- 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. Much of the land to the west and south is undeveloped. Land to the north is planned to consist of independent living units that will be integrated into the nursing and personal care complex. Land to the east, which is also undeveloped, is part of the overall Pembroke Jones development. A site plan for 205 single family dwellings and a nine hole golf course has been approved by the County. Revisions are expected. B. Institutional uses are considered appropriate adjacent to residential development { provided the design and scale are compatible. 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 retirement component proposed by this application has been an integral part of the master plan for Pembroke Jones Park since the subdivision's initial approval, dating back to April 1987. Although the master plan has been revised numerous times, there have been no changes by the owners to the area designated as the "retirement center." B. Housing opportunities shall be encouraged to be developed for citizens of all economic status, including the elderly and mentally and physically handicapped. 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 9th day of March, 1998. ,c,„3 !. 4 William A. Caster, Chairman Attest Ilerk to the Board 4 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT BANK a � The County Commissioners for New Hanover County having held a public hearing on April 7, 1998 to consider application No Z-617 submitted by Gulfstream Shopping Center Properties, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on South 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 71-1(3)and 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site has access to water and sewer. B. The site has access to S. College Road. Two access points are proposed--one utilizing the existing library entrance and the other to the south. C. The site is located in the Myrtle Grove VFD District. D. The proposed use, a bank, poses no known threats to public health and safety. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan pursuant to the Zoning Ordinance has been submitted. B. A maximum building height of 25 feet is proposed. Accordingly, the minimum setbacks are 68.75 feet on the side yard and 93.25 feet on the rear yard. C. Excluding parking credited for the drive-up tellers, 52 off-street parking spaces are provided. D. Adequate area is available to meet landscaping and buffering requirements. E. There are no conservation resources on the property. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Staff has not been presented any evidence from appraiser or any other real estate professional that construction of a bank at this location would have a negative 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. The Myrtle Grove Branch of the New Hanover County Library is located next door. Commercial uses are located to the south and west. B. Added buffering and setbbacks should mitigate some of the impacts to immediate neighbors. 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) Move 7 ft. fence to southern side of vegetated buffer planned adjacent to Greenbriar 3) Plantings in the buffer shall consist of Leyland Cypress 4) Per site plan Ordered this 7th • of April, 1998. fr." IlL,:',A-, .R,..- ,�v William A. Caster, Chairman Attest: 40';'4C-L4-0, 7� p ` 411„/ . • I,.%ice C,-rk to the Board Affirmation this day of , 1998. Applicant ti 5Y COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 13 Slip Community Boating Facility } The County Commissioners for New Hanover County having held a public hearing on April 7, 1998,to consider application number S-426, submitted by Diane Thomas, a request for a special use permit to use the property located at Rabbit Run Subdivision and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Applicable environmental permits have been obtained. B. No sewer service is needed. A small well provides water for washing down equipment. C. The dock does not interfere with riparian rights of adjacent property owners. D. An environmental study conducted pursuant to the Major CAMA permit revealed that the dock would not create detrimental impacts to the surrounding area E. The property is located in the Seagate VFD district. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-20--community boating facilities are permitted by special use permit. B. Some off-street parking is accommodated in the small common area adjacent to the pier. All other parking is accommodated at individual residences, requiring most dock users to walk. The Ordinance requires off-street parking, but the County has routinely allowed this to be accommodated on individual lots rather than a centralized parking area. C. The total number of slips do not exceed the number of lots of the subdivision it serves. D. A CAMA permit was issued, meaning it was determined that impacts on adjacent resources was minimal. 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 r 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. These kinds of amenities typically stabilize or increase the value of adjoining properties, particularly for those lots appurtenant to those facilities. B. As part of the CAMA permit review, adjacent property owners were given an opportunity to comment. According to the CAMA application,there was no opposition. 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 facility was originally constructed in 1990, but destroyed by Hurricane Fran in 1996. When the facility was replaced in 1997-98 four slips were added, bringing the total to 13. } B. Marinas, docks,piers and related facilities are commonplace, not only in this area, but along most riverine and estuarine areas of the county. C. A similar pier 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) Per site plan Ordered this 7th day of April,4 .-77„7,7„. William A. Caster, Chairman Attest: . Is? tO 41P: �`JJo� Cl. k to the Board • COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT In-home Child Day Care The County Commissioners for New Hanover County having held a public hearing on April 7, 1998, to consider application number S-427, submitted by Jerry Gilchrist, a request for a special use permit to use the property located at 1238 Kenningston St. and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-20 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No permit will be issued by the state until all design standards have been met. B. Water service is via a community system; sewer is by septic tank. C. The site has access to a public street. D. The site is located in the Winter Park VFD district. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES } satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Child day care is permitted by right in the R-10 Residential District with site plan approval. The site is zoned R-10 Residential. B. With site improvements, adequate area is available to meet off-street parking and pick-up and drop-offs. C. A existing 6 foot high fence encloses the rear yard. This part of the lot will serve as the outside play area. D. No signage is identified on the site plan. The maximum size allowed is 2 square feet. 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 Y_ r } necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar facilities are located in neighborhoods throughout New Hanover County. B. No data have been submitted indicating that providing this type of service in an existing residence will cause property values to drop. 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 applicant plans no changes to the exterior of the structure. B. Similar facilities are located throughout the county in neighborhoods like this. 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 7th day of April, 1998. 1/1 0- Cam,; William A. Caster, Chairman Attest: •.ILA - • • -rk to the Board 1 r a COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Assisted Living- 63 Units The County Commissioners for New Hanover County having held a public hearing on May 4, 1998, to consider application number S-428, submitted by Cornelia Nixon Davis Health Care Center, a request for a special use permit to use the property located at 1101 Porters Neck 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 72-9 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. The property has access to internal streets that connect to public streets. B. Water and sewer will be provided from on-site sources. C. The site is located in the Ogden VFD District. Construction of a satellite station on adjacent property is nearing completion. 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. Nursing and personal care are permitted by special use permit in the R-20 Residential District. The property is zoned R-20. B. All required setbacks can be met. C. Adequate area is available on the site to meet off-street parking needs. q p g 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The proposed facility will be located on the primary campus of the Cornelia Nixon Davis Health Care Center. B. Construction of a satellite fire station is nearing completion on adjacent property. C. Other adjacent tracts are undeveloped. 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 primary land use in the immediate vicinity is a 100,000 square foot health care center, providing skilled nursing care. In addition, a small geriatric clinic is located nearby and the adult day care service will soon be open. B. A satellite fire station is nearing completion on adjacent 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. 1. All other applicable federal, state and local laws. 2. Reissuance of Underwriters Laboratory Fire Certificate for the main nursing care facility before a certificate of occupancy is issued for the new facility and/or within 12 months, whichever comes first. The following shall be implemented: a) Control valve supervisory signal-initiating devices are not in place. These valves are to be electrically supervised such that when any valve controlling water to the sprinkler system is taken from its fully open position an audible alarm shall sound at the fire alarm panel location. b) Existing smoke detectors in corridors are located only at smoke doors and do not comply with 30 ft. On center spacing per N.V.P.A.-72. c) Water level supervisory signal-initiating device indicating that the required water level has been lowered or raised, and the restoration to the normal level is not in place and interfaced with the fire alarm system. d) Water storage pump on/off reserve capacity level settings for 30 minute duration of fire flow combinations of building fire sprinkler systems and outside hydrant hose streams must be calculated and determined adequate based upon existing water storage container. 1 { 3 C e) Water temperature supervisory signal-initiating device for the water storage container exposed to freezing conditions indicating that the temperature of the water has dropped to 40 degrees F, and restoration to a proper temperature is not in place and interfaced with the fire alarm system. Ordered this 4th day of May, 1998. William A. Caster, Chairman Attest: C • k to the Board slid X998 r COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 500 foot Radio Communications Tower The County Commissioners for New Hanover County having held a public hearing on May 4, 1998,to consider application number S-429, submitted by Martha Lee, a request for a special use permit to use the property located in the 8300 block of 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 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 tower has no water and sewer needs. B. The tower is located at least 1500 feet from the nearest residential structure. C. Except for periodic maintenance checks, very little vehicular traffic will be generated by this use. D. The site is located in the Ogden VFD. E. Currently, the site has access to Market Street. (NOTE: Future access is uncertain. The planned Wilmington By-pass crosses the tract just south of the tower site.) 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Communications towers are permitted by special use permit in the R-15 Residential District. The property is zoned R-15. B. The tower height is 500 feet. It will be at least 1500 feet from any residential structure. C. The tower and all supporting guy wires are at least 50 feet from any property line. D. There are no known environmental or conservation impacts. The site consists of pocosin vegetation underlaid by Murville and Leon soils. Also, there are no historical, archeological sites or plant and animal areas of special significance associated with the tract. E. Because the applicant proposes to build a radio broadcasting tower to transmit an FM signal, an affidavit specifying collocation efforts was not required by Staff F. The proposed tower height complies with the Airport Height Ordinance. • a 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. To date, no information has been provided to indicate that a tower constructed at this location would have a negative impact on nearby 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. Land in the general area is primarily undeveloped. There are scattered residential uses,primarily in Greeview Ranches which abuts the tract to the west. Extensive commercial development is located along the frontage of Market Street, featured by the recently constructed Porters Neck 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: All other applicable federal, state and local laws. Ordered •. 4th day of May, 1998. ■ William A. Caster, Chairman Attest: �'�O1;i►��� 1 k to the Board 1 • 151 I'M COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 1 Community Boating Facility The County Commissioners for New Hanover County having held a public hearing on= to consider application number S-429, submitted by DACLAR, Inc., a request for a special use permit to use the property located at Intracoastal Watch Subdivision and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Sewer service is not required. A water connection will be provided for boat cleanups. B. The facility will be located adjacent to the existing subdivision. Access is private. C. The site is located in the Myrtle Grove VFD. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Community boating facilities are permitted by special use permit in the R-15 Residential District. The property is zoned R-15. B. Off-street parking will be provided at individual lots. Additional parking is available at the development's pool and club house area. C. The number of slips proposed (10) does not exceed the number of lots in the subdivision(19). 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. As a general rule, boating facilities like this tend to compliment property values. B. Similar facilities are located on nearby properties. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. These kinds of facilities are commonplace for similarly situated properties. B. New Hanover County policies encourage access to its public waters. 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. That the pier not extend any further into the adjacent bay than the longest adjacent pier. Ordered this 13th day of July, 1998. tJ Az.. . &k,„ / rp 4 William A. Caster, Chairman Attest: `alai; Clerk to the Board 1 i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT On-site Manager's Residence The County Commissioners for New Hanover County having held a public hearing on September 8, 1998 to consider application number S-431, submitted by ABA Mini-Storage, a request for a special use permit to use the property located on Carolina Beach Road, east of Sanders 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 72-29 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: 1 A. The site has adequate water and sewer service. B. The property has direct access to Carolina Beach 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. A dwelling unit incidental to a principal use is permitted by special use permit in the B-2 Business District. The site is zoned B-2. B. The planned use complies with all requirements set forth by Section 72-29 of the Zoning Ordinance. -The dwelling does not occupy more than 50% of the floor space of the principal use. -All front, side and rear yard setbacks are met. -An area of open space equaling the total floor space of the dwelling is provide on site. -The dwelling unit will located above the ground floor administrative office. -Two off-street parking spaces have been provided to serve the dwelling unit. 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 dwelling will be located within a commercial building in an area zoned for commercial activities. B. The building will be located on a site devoted almost entirely to personal storage units. 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. While most of the non-residential use in this area is located to the north around the Monkey Junction commercial node, there are commercial uses nearby. B. The site and adjoining land to the south is zoned B-2 Business. C. A proposed thoroughfare connection would impact the northwest corner of the property. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVEbeen 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 8th day of September, 1998. � '.' William A. Caster, Chairman Attest: u� O444:4, C f k to the Board i i i a COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA 3 ORDER GRANTING A SPECIAL USE PERMIT Mobile Home 1 The County Commissioners for New Hanover County having held a public hearing on September 8, 1998 to consider application number S-432, submitted by Bonnie McGhee, a request for a special use permit to use the property located at 3327 Belt Road and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following 1 CONCLUSIONS: g 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 I first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Water and sewer will be provided by a well and septic tank. Public water and sewer are not available. 1 B. The site has direct access to Belt Road, a public street. 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 I specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i A. Single-wide mobile homes are permitted by special use permit in the R-20 Residential District. The minimum lot size is 20,000 square feet. This site contains approximately 21,780 square feet. B. All minimum front, side and rear yards can be met. 1 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Adjacent land uses consist of other mobile homes and single family dwellings. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the 1 fourth general requirement listed in the Ordinance; namely that the location and character of the use if 1 developed according to the plan as submitted and approved will be in harmony with the area in which it is 1 1 a 1 . 1 l 1 1 i I to be located and in general conformity with the plan of development for New Hanover County. In i i I support of this conclusion,the Commissioners make the following FINDINGS OF FACT: I 1 1 A. Development in the general area is primarily rural in nature, consisting of individual 1 dwellings and mobile homes on individual lots that equal or exceed the minimum lot area I required for the area. 1 g 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 ithe following conditions: I 1 A. That the applicant shall fully comply with all of the specific requirements stated in the iOrdinance for the proposed use, as well as any additional cnditions hereinafter stated. , B. If any of the conditions imposed by this special use permit shall be held invalid beyond the i authority of this Board of Commissioners by a court of competent jurisdiction,then this 1 1 C. permit shall become void and of no effect. Other: All other applicable federal, state and local laws. i Ordered this 8th day of September, 1998. 1 1 ii,FAOA.<4~.... a- a....ott-.. William A. Caster, Chairman *, 0 Attest: ORM I Cl C1 k to the Board i 1 i i 1 1 1 i i i 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA i ORDER GRANTING A SPECIAL USE PERMIT Mobile Home Park Expansion 1 1 The County Commissioners for New Hanover County having held a public hearing on October 5, 1998 to consider application number S-434, submitted by William Mayo, a request for a special use permit to use the property located in the Highland Pines Mobile Home Park in the 1 6300 block of 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 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 4 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not I materially endanger the public health or safety if located where proposed and developed 1 according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site will be served by an on-site private water system and county sewer. B. The site has direct access to Gordon Road. C. The site is located in the Ogden VFD District. D. None of the spaces are located in the regulatory 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: 1 A. A site plan pursuant to local requirements has been submitted. B. The site is zoned R-15. Mobile home parks are permitted by special use permit in this district. C. None of the spaces are located in the 100 year flood plain. D. The spaces are also located beyond the boundaries of the swamp forest resource that runs parallel to the creek along the tract's western border. Applicable setbacks can easily be met. 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 3 1 A. The area planned for expansion is within the boundaries of the parent parcel that now contains the existing mobile home park. 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. The development pattern of the area consists of mobile homes, double-wides, single family dwellings and a church. B. Mission Hills, a double-wide subdivision, borders the mobile home park to the east. C. Land along the site's west side is heavily wooded. The border is formed by a small creek that is part of the Smith Creek watershed. The county maintains a sewer line and easement along the creek. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: 1 1 A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent i jurisdiction,then this permit shall become void and of no effect. 1 C. Other: All other applicable federal, state and local laws. 1 IOrdered this 5th day of October, 1998. �� .�'�,' William A. Caster, Chairman ,.:., 1 .,,,,m,---- ---i , I It, I.- , Attest: A i.w i GIPAA:e., //We41-1.111—to the Board a 1 z i i 4 r • COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITONAL USE ZONING DISTRICT i Office Buildings 1 The County Commissioners for New Hanover County having held a public hearing on=to consider application number Z-637, submitted by Gulf Worsley Cowper, LLC , a request for a special use permit in a Conditional Use Zoning district to use the property located at and havon i Military Cutoff,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 will be served by County sewer and community water. B. The site has direct access to Military Cut-off, a state maintained 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. The applicant has submitted a detailed site plan and supplemental data pursuant to the requirements of the Zoning Ordinance. B. All setbacks and required buffer yards as illustrated on the plan comply with 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 1 the value of adjoining or abutting property, or that the use is a public necessity. In support of this 1 conclusion,the Commissioners make the following FINDINGS OF FACT: i A. Adjacent property owners have been notified, but to date no information has been provided to staff to indicate that the placement of offices on this tract would devalue surrounding properties. 1 • 1 , , r f 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. While the majority of land use in the immediate vicinity is for residential purposes, the land immediately to the north is occupied by a church, an institutional use. B. The County has approved similar requests to provide transitions between competing land 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 applicants' petition to establish an office building be approved. Approval is subject to the following conditions: A. That the applicant shall fully comply with all of the rquirements stated in the ordinance for the proposed use, as well as any conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyiond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Conditions: 1. The retention of perimeter vegetation shall be required to minimize the visual impacts along Military Cutoff. 2. Require,subject to NCDOT approval,turning lanes and deceleration lanes be built to ease interruptions to traffic flow. 3. Lighting should be directional so that it doesn't shine into Westwood Heights. Ordered this 9th day of November, 1998. ,v,:t117$;ittv; ),... er,.. ..,, • IN,67.4■0. , ‘26-ig.,i_., 2 0„,_%, to ,,,, :::,, William A. Caster, Chairman lavg'=-.—. .,:• -i' Attest: lit,i1c.I.r:ao . . '-.Ciaii I, -* lr_,•i, • ''. A....:Ak. C k to the Board Affirmation this day of , 1998. i 1 1 Conditonal Use District Revision: Z-433; Conversion to Office Building 1 Because the County Commissioners conclude that all the general and specific conditions precedent to the issuance of a special use permit have been satisfied, it is therefore ordered that the applicant's petition to establish an office building be approved. Approval is subject to the following conditions: 1 A. That the applicant shall fully comply with all the requirements stated in the ordinance for the proposed use, as well as any conditions hereinafter stated. I B. If any of the conditions imposed by this special use permit shall be held invalid Y P Y p P beyond the authority of this Board of Commissioners by a court of comopetent jurisdiction, then this permit shall become void and of no effect. I C. Conditions: I1. Requirements of the 1991 order. 2. Installation of buffer yards per Zoning Ordinance. ,. t'ILi 1 I i, 4 1,SP‘.744*/' W#41&g."% a 1,*x.,.. I f 51. .... * 1 Q William A. Caster, Chairman lell Attest: I 1111.., . A ' C erk to the Board 44):J', /45f I i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT Community Boating Facility Expansion Inlet Point Harbor The County Commissioners for New Hanover County having held a public hearing on December 7, 1998 to consider application number S-430, submitted by Kathleen Eagle, a request for a special use permit for expansion of a community boating facility at Inlet Point Harbor and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL NOT be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Testimony provided by a certified/licensed appraiser indicates that the property value of the adjacent residential use would not increase as fast or could be restricted if a community dock was built next to it when compared to similarly situated parcels without a community dock. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The scale and scope of the docks would not be in harmony with the residential uses in the area where single piers are more common. 4.. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE NOT been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED. Ordered this 7th day of December, 1998. / 4, ,,, 00 , ;3 William A. Caster, Chairman Attest: rk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING/DENYING A SPECIAL USE PERMIT In a Conditional Use Zoning District Office and Institutional Uses The County Commissioners for New Hanover County having held a public hearing on December 7, 1998 to consider application number Z-635, submitted by William Alexander, a request for a special use permit in a Conditional Use Zoning District to use the property located on Market Street and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site has access to adequate water and sewer services. B. The site is located within the Ogden VFD District. C. The site has direct access to Market 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. A site plan pursuant to the Ordinance has been submitted. B. All other setbacks can be met. C. It appears protected trees will be preserved to the greatest extent practical with many being incorporated into the design of the project. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site plan calls for the preservation of a substantial portion of the natural vegetation found along the western boundary adjacent to residential use. 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 has direct frontage and there are other conditional use districts located along the road. 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: C. Other: 1) All other applicable federal, state and local laws. 2) Per site plan as revised. Ordered this 7th day of December, 1998. a do is" William A. Caster, Chairman — +00- Attest: 1110 Y../A -rk to the Board Affirmation this day of , 19 Applicant '• COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Elderly Housing/Personal Care The County Commissioners for New Hanover County having held a public hearing on December 7, 1998 to consider application number S-436, submitted by Mason& Associates, a request for a special use permit to use the property located at 6612 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 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 an area where public sewer and community water services are readily available. B. The site is located in the Ogden VFD District. C. The property has direct access to Gordon Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Personal care facilities and similar facilities are permitted by special use permit in the R-15 Residential District. The property is zoned R-15. B. The minimum lot size for this type facility is 2.0 acres. The site contains 5.66 acres. C. The minimum required front, side and rear yards are met. D. Approximately 78 parking spaces are provided. The minimum requirement is one space per bed and one for each employee on the greatest shift. The applicant plans 23 units with two bedrooms and 22 units with one bedroom. 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 is currently being used as a mobile home park. (Big W) B. Property to the south includes Weatherwood, a performance residential . development, and Dutch Square, an industrial park. Land to the north includes Farrington Farms Subdivision, a"U-pic" strawberry farm, Eaton Elementary School and Cape Harbor Apartments. 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 primary land development pattern is single family residential,but farming activities, (U-pic strawberries) educational uses, public recreation, high density residential and industrial uses are located 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 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. IC. 1) Compliance with all other applicable federal, state and local laws. 2)Limit site identification sign to 12 square foot ground sign. i 1 3)Provide road improvements to Gordon per approval by NCDOT. 4)Use of night lighting be limited to directional varieties. 1 5)Retention of natural vegetation along perimeter of project adjacent to i Weatherwood; including the installation of fencing to prevent pedestrian access i from the project to Weatherwood. i i 6)Erection of a security fence around the retention pond. 1 7)That personal care services not necessarily be limited to one age group. I Ordered this 7th day of December, 1998. i 1 -" irr,lb..• . 14.),04.4,-...-. a Ca.,),..i..I. William A. Caster, Chairman Attest: i . lo,‘44;•(:,, ,, I CeLl14:‘, 1(//1411 4 l'111 ' . C k to the Board i 1 I o 1