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HomeMy WebLinkAboutSpecial Use Permits 1999 • COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 140 Foot Communications Tower(Monopole) The County Commissioners for New Hanover County having held a public hearing on January 4, 1999 to consider application number S-435, submitted by Gearon communications, a request for a special use permit to use the property located on the Clay property south 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. 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 requires no water and sewer service. B. The tower is located a considerable distance from the nearest residential structure and is far enough from I-40 that if it fell over from the base it would not fall into the highway. C. The site will be accessed by a private easement connected to Gordon Road, a state maintained highway. 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. Communication towers are permitted by special use permit in the R-15 1 Residential District. The site is zone R-15. B. A site plan and supporting data have been submitted as required by the zoning ordinance. C. The tower meets all setback and buffer requirements, including the Special Highway Overlay District standards. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting or that the use is a public Y �injure J g g p ry necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The nearest residential structure is over 900 feet away. It is located on the same tract and owned by the person who will be leasing the land to Gearon for the tower. B. Property to the immediate west is part of the right-of-way for Land to the south is undeveloped and zoned B-2 Highway Business. 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 tract where the tower will be located has been previously used for agriculture. Land to the south is vacant,but eligible for commercial uses. B. The use will be visible at a major entrance into the City. C. Design concerns of the structures-- lattice tower versus monopole. 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) Pursuant to revised site plan 2) Conversion to a monopole design(previously was lattice) 3) Provision of up to 3 collocations on the tower for other venders 4) All other applicable federal, state and local laws. Ordered this 4th day of January, 1999. � �"��' g � i,JAL:‘, a '` William A. Caster, Chairman Attest: '4'141111.4,V` I, Cl k to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 26 Slip Community Boating Facility The County Commissioners for New Hanover County having held a public hearing on January 4, 1999, to consider application number S-437, submitted by BG Partnership, a request for a special use permit to use the property located at Register Place Estates in Middle Sound 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. The facility will be connected to a planned subdivision on adjacent high ground. B. Access to the boating facility will be through the adjacent subdivision. C. The site is located in the Ogden VFD District. D. Except for water service, no other public type services are planned to serve the facility. 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: � E A. Community boating facilities are permitted by special use permit in the R-20S District. The site is zoned R-20S B. The number of slips (26) can not exceed the number of lots (26) in the subdivision that is planned for the adjacent high ground. C. In lieu of providing a separate off-street parking area for the facility, the parking will be provided at each individual lot within the subdivision. D. A major CAMA permit will not be issued if it determined that substantial negative impacts will occur to the marsh and estuarine waters. E. No commercial activities are permitted and none are proposed. 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 { • „p 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. Typically, the provision of private community boating facilities enhance the value of waterfront properties. B. There are three commercial marinas are located to the north. 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. Private community boating facilities are commonplace along the estuarine and riverine waterfronts of the county. B. The Land Use Plan encourages access to public trust 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) Per site plan 2)All other applicable federal, state and local laws. Ordered this 4th day of January, 1999. `� jy �J U aw*--- it� - �-- =' William A. Caster, Chairman Attest: I ' rrRf 41p) • C to the Board f F COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Community Pier The County Commissioners for New Hanover County having held a public hearing on February 1, 1999 to consider application number S-438 submitted by Leroy Beasley, a request for a special use permit to use the property located along Whiskey Creek adjacent to Purviance 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 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 1; 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 requires no water and/or sewer services. B. The site is located in the Winter Park VFD District. I C. No vehicular access is needed. D. A CAMA permit is under review and initial reports indicate the facility would meet applicable requirements. 1 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: I A. Community boating facilities, with or without boat slips, designed to serve five or more 1 residential lots are permitted by special use permit in the R-15 Residential District. This a, area is zoned R-15. B. The right to use the facility has been conferred by a private walkway (common area) between p lots 6 and 7 of the project. The common area is linked to the private street serving the development and all lot owners will have access to the pier via the common area. C. The pier will not include boat slips. E D. No commercial activities are proposed. (None are permitted anyway.) E. Initial environmental impacts appear to be minimal. i' 1 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third r 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 t A. Piers, community boating facilities, ramps and similar structures linked to residential projects typically increase property values rather than diminish them. i { s 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth 1 general requirement listed in the Ordinance;namely that the location and character of the use if developed i t I F f • z i 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. Private piers and related structures are commonplace along parts of Whiskey Creek and the nearby Intracoastal Waterway. B. A large commercial marina is located at the mouth of Whiskey Creek at the waterway. This facility is less than Y2 mile from the location of the applicant's pier. 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, 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. e i" B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction,then this permit shall become void and of no effect. 6 C. Other: 1. All other applicable federal, state and local laws. Ordered this 1st day of February 1999. /ai . . William A. Caster, Chairman Attest: %�'— ,d, . t/Aihtsi/L.... , Cl- to the Board ' I i C gf h { 1 t k E:. f 9 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 February 1, 1999 to consider application number S-439 submitted by Ronald Kornegay, a request for a special use permit to use the property located at 4231 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 petitioner has received approval from the County Health Department for the placement of a septic tank and well. B. The site has access via a private easement connected to Castle Hayne Road. 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. Mobile homes are permitted by special use permit in the RA Rural Agriculture District. The site is zoned RA. } B. The site meets the minimum area requirements of the district and complies with applicable setbacks and related yard requirements. C. Adequate area is available to meet off-street parking requirements. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The area is predominantly rural, consisting of scattered residential uses including mobile homes. 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. Property to the south includes two mobile homes. Also, a portion of that same parcel is used for construction storage and maintenance. 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. Ordered this 1st day of February 1999. - /JA,teA a.s.+4 . William A. Caster, Chairman Attest: • ip.! • Cl, k to the Board ) ) ADDENDUM TO SPECIAL USE PERMIT S-72, OCTOBER, 1973 ORDER REVISING AND REAFFIRMING SPECIAL USE PERMIT S-72 JOHNSON'S MARINA 1 MARCH 8, 1999 In granting the revision and reaffirmation, the following conclusions were made: x 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: Roger P. Johnson is the current owner of Johnson Marine Services, s Inc. , having acquired the marina from his father, D. H. Johnson. The subject property is commonly referred to as Johnson's Marina. Johnson's Marina has been in business for more than thirty years, beginning operations in the 1960's prior to the implementation of zoning by New Hanover County. In the 1960's, D. H. Johnson used the subject property for his marine construction business and, gradually, D. H. Johnson and the Applicant, Roger P. Johnson, began a full-service marina offering boat access to Middle Sound and the A.I.W.W. along with sales and service of fresh and salt water boats. Commercial marinas are specifically permitted in R-20 districts with certain special and general use conditions. Section 23-63 of the County's Zoning Ordinances defines Commercial Marina as "any dock or basin and associated structures commercially providing permanent or temporary harboring or storing of two (2) or more boats (pleasure and/or ' commercial) and providing marine services, including, but not limited to, retail sales for fuel, repair, convenient food stuffs, boats, engine, and accessory equipment. " Johnson's Marina squarely meets this definition of a Commercial Marina under the provisions of Section 23-63. Even though the marina predates the County's implementation of zoning in the Middle Sound area, in July, 1973, D. H. Johnson filed an application for a Special Use Permit for a marina in accordance with a site plan that is included in this Application. On October 1, 1973, the County Commissioners approved Special Use Permit No. 67 for D. H. Johnson subject to several conditions. On May 8, 1995, the County Inspection Services and the Director of Planning approved an administrative change to Special Use Permit No. 67 to 1 3S Johnson's Marina. As the current owner of Johnson's Marina, Roger P. Johnson is currently in compliance with the original footprint of Special Use Permit No. 67, as amended. However, due to expansion of the marina's business, Roger P. Johnson, as evidenced from recent correspondence from Richard V. Civelli, Zoning Enforcement Officer for New Hanover County, has expanded the storage of boats upon two adjoining tracts of land owned by Roger P. Johnson and his mother and sister. The tract owned by Mr. Johnson and a part of the tract owned by Mr. Johnson's mother and sister are the specific subject of this Application to Amend the original Special Use Permit No. 67. Additionally, this Special Use Permit No. 67, as amended. The primary purpose of this Application is to bring Roger P. Johnson's business into conformity with the New Hanover County Zoning } Ordinances for the area that he is currently using. Johnson's Marina has not been cited for public health and safety violations. The marina and the use of the property that was within the footprint of Special Use Permit No. 67 and that is within the area that is subject to this Application to amend Special Use Permit No. 67 fulfills a beneficial need for residents of New Hanover County in providing a necessary and appropriate service of a commercial marina for pleasure and commercial 4 boats. For example, CAMA and other State agencies use the facilities at Johnson's Marina. It goes without saying that water dependent uses are in critical need in New Hanover County, and the County must provide adequate opportunity and land for the operation and growth of commercial marinas. Additionally, Johnson's Marina is a family- owned and operated business. The County should foster and facilitate family-owned businesses as part of the County's long-term economic planning. The marina is currently adequately served by a separate well and septic tank system. The Applicant understands that the County will install sewer in the near future. Thus, there is no substantial need for water and sewer services for this tract. The entire property will be operated in the future as it has been in the past except for a better organization of the marina's site plan to comply with the County's buffer and other zoning require-ments. ys 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: The original footprint for Special Use Permit No. 67 was constructed in compliance with the zoning requirements in 1973. Since then, the marina has undergone certain modifications and upgrades as any business would over two decades of activity. However, the original footprint of the 1973 site plan remains valid and the current site plan for the Amendment shows a portion of the area covered by the original 2 site plan especially showing the modifications to one of the buildings permitted in May 1985. In compliance with the requests of adjoining landowners, Mr. Johnson has provided an aesthetic buffer along Turner Nursery Road to lessen the impact from the street of the use of the Applicant's property. The use of this area that is the subject of the Amendment to Special Use Permit No. 67 is primarily for boat storage, which is a necessary component of commercial marinas as defined in Section 23-63 of the County's Zoning Ordinances. Section 72-31 of the County's Zoning '$ Ordinances provides additional requirements of a commercial marina in a residential district. The primary footprint of Special Use Permit No. 67 complies with Section 72-31. Since the use is a continuation of what now exists, there will be no additional impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources as provided for in Section 72-31 (5) of the County's Zoning Ordinances. 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: Since this Application for an Amendment to Special Use Permit No. 67 is merely one to ratify the current use of the tracts subject to the Application, it is clear that the continued use of this property will not be substantially injurious to the values of adjoining or abutting property. Clearly the property adjoining this site has been and will continue to be the subject of semi-rural use, at least for the near future. The land use in this area is not intense. Several of the adjoining tracts are owned by the Johnson family or distant relatives. There has not been and will not be a diminution of value in the adjoining properties because of the marina, which has been a part and parcel of this community since the 1960's. Additionally, it can be said that the use of this property as a commercial marina is a public necessity. Access to boats and the water by the public is a prime need in New Hanover County. There are very limited publicly maintained boat access facilities in New Hanover County. There are only three publicly maintained boat access points to the Intracoastal Waterway between Pender County and the Cape Fear River. Without commercial marinas, access points to the Intracoastal Waterway would be substantially decreased, and then only individuals who own ffi property on the water would have access points, which is contrary to the public trust doctrine and public access policies adopted by the Coastal Resources Commission pursuant to the Coastal Management Act of 1974. 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 3 • development for New Hanover County. In support of this conclusion, the Commissioners' make the following FINDINGS OF FACT: The subject property is classified under the current land use plan as Resource Protection. It should be noted that the Applicant does not intend to intensify the use of the property that is the subject of the Amendment to Special Use Permit No. 67. Eventually, the Applicant intends to apply for dry storage after appropriate studies have been done of the site. However, at this point, the Applicant is seeking merely to be allowed to continue the use of the marina in sufficient area to carry on his business and serve the public. Traffic will not increase because of the Amendment to Special Use Permit No. 67. The fact that the Applicant's business has grown since 1973 is ample evidence that there is a public necessity for his business. It is clear from a historical prospective that Johnson's Marina has been a vital and integral part of Middle Sound for many decades. It has existed in harmony with the surrounding area. The area is predominantly residential, but commercial marinas are a permitted use in residential zoned districts subject only to the five criteria mentioned in Section 72-31. Each criterion has been complied with by the Applicant in either the original Special Use Permit No. 67 or the Amendment that is proposed at this time. The Applicant's use of the property complies with the Policies for Growth and Development adopted by the Board of County Commissioners on November 1, 1993. Especially, the Applicant is in compliance with the general economic and community development policies under Section 3.0 of the 1993 Land Use Plan. Continuation of the use of the Applicant's a property as a commercial marina will not violate the provisions of Section 3.1(3) of the 1993 Land Use Plan. The use of the proposed tracts as a commercial marina is not an encroachment upon residential neighborhoods since the majority of the subject property has been used t as a commercial marina for many years. The Applicant's use of the property is not injurious to the environment and complies with all of the provisions of commercial and industrial development policy set forth in the 1993 Land Use Plan. Since commercial marinas are permitted in all residential areas, it is particularly important that the established marinas which have existed for many years in New Hanover County be fostered and allowed to develop naturally as with any growing business. The contention that a marina should move its facilities because it is growing is contrary to the spirit and intent of New Hanover County's Zoning Ordinances. To permit a use even by a special use in a district is a statement that the use is beneficial and compatible in the subject district. ( Especially where there are very few five (5) publicly maintained boat access ramps in this County, it is encumbered upon the County to maintain the existing commercial boat marinas and to avoid having the marinas locate in other areas or outside the County. Therefore, it is clear that the proposed use, since it is a continuation of the same use and merely a ratification of what has existed in the past, is clearly a harmony with the area in which it is located and the general community of New Hanover County and, more particularly, Middle Sound. t 4 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 Qu 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. 1 c) Other: 1) Applicable Federal, State, and local laws. 2) The site plan as revised (attached) . 3) The terms and specifications of the Memorandum of Understanding are revised (attached) . Ordered this 8th day of March, 1999. 1 ) , aO . William A. Caster, Chairman ) ) ATTEST: Clerk To Board 5 ) Yr COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Construct A 21-Slip Community Boating Facility The County Commissioners for New Hanover County having held a public hearing on June 7, 1999, to consider Application Number S-440 submitted by TFT and Company, a request for a Special Use Permit to use the property located along the north side of Loder Avenue adjacent to Loder Landing Subdivision and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance WILL 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 marina will not need water or sewer services. B. The site is located in the Myrtle Grove Volunteer Fire Department District. C. Access to the site is from Loder Avenue via a private access easement. D. No dredging will be required. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15. Community boating facilities are permitted by Special Use Permit in this zoning district. B. In lieu of an off-street parking lot, the petitioner is requesting that parking be provided at each individual residential lot. Access will be limited to pedestrian and bicycle traffic. - 2 - 3 C. Though not specifically known, the impacts on adjacent waters and conservation 2 resources should be minimal because no dredging is needed. Construction impacts would be limited to the pilings needed to support the floating dock system. D. The number of slips (21) does not exceed the number of lots to be served(28). E. No commercial activity is proposed--not permitted anyway. F. The right to use the facility will be conferred by an easement connecting to Loder Avenue. 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. As a general rule, small scale community boating facilities compliment property values. 3 B. Both adjacent property owners have signed an affidavit stating that they do not believe the marina will have an adverse impact on their 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 Land Use Plan generally supports water dependent uses to promote access to the area's public trust waters. { B. Williams Landing/Splash Marine, a 13-slip boating facility, is located approximately 100 feet to the south. C. Community boating facilities are commonplace along the County's estuarine waterfront. - , _tt 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMT 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. Ordered this 7th day of June, 1999. W -,� William A. Caster, Chairman 4424.4_, Clerk To the Board { j .--4.---A , , , , 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA , ORDER GRANTING A SPECIAL USE PERMIT , Two Single-Wide Mobile Homes ; , , The County Commissioners for New Hanover County having held a public hearing on May 3, 1999 to consider application number S-441 submitted by James Blackburn, a request for a special use permit to , use the property located along Old Avenue in Castle Hayne and having heard all the evidence and arguments 1 presented at the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1 1 I 1 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in i 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 I , , general requirement listed in the Ordinance; namely that the use will not materially endanger the public I - health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 1 i 1 A. The proposed structures will be served by individual wells and septic tanks. Improvement permits are pending. B. The site is located in the Castle Hayne VFD District. 1 C. The property fronts on Old Avenue. I3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second i 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 I OF FACT: I A. Single-wide mobile homes are permitted by Special Use Permit in the R-20 Residential District. The t i site is currently zoned R-20. i B. Adequate square footage is available for each mobile home. 1 C. Adequate area is available to accodate parking for each structure. I 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third 1 general requirement listed in the Ordinance; namely that the use will not substantially injure the value of 1 i adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. There are several mobile homes in the immediate vicinity with double and single wides located I directly across the street. I B. Other lands are used for pasture&gardening. I 1 1 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth 1 general requirement listed in the Ordinance;namely that the location and character of the use if developed I according to the plan as submitted and approved will be in harmony with the area in which it is to be located i g and in general conformity with the plan of development for New Hanover County. In support of this 1 14 conclusion,the Commissioners make the following FINDINGS OF FACT: I A. The area is classified as Resource Protection in the adopted 1993 Land Use Plan. Low density uses I are encouraged. 1 1 1 I I , I -„,..--,_,lli i a B. As noted,there are other mobile homes located in the general area i C. A New Hanover County Park is located south of the project. 5 f6. Therefore, because the County Commissioners conclude that all of the general and specific 1 conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: f A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. 1 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: 1. All other applicable federal, state and local laws. , Ordered this 3rd day of May, 1999. i t " " 434,...„ a 6....,,*.„ irr;it- // - William A. Caster, Chairman Attest: �� q v. . ---- _ ..,.. 4 ---- _-- . ", 4,.i- ., 1 J,1111.-42.0.J PiP.A.,x44..c... zi Clerk to the Board 1 , , x t 1 i 1 1g S i{ g6 §j5 G COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Forest Grove (High Density Development) The County commissioners for New Hanover County having held a public hearing on July 12, 1999 to consider application number S-442 submitted by Sherwin Cribb (for Hill/Williams Construction), a request for a special use permit to use the property located on the west side of Carolina Beach Road between Horn Road and Silver Lake 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 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' CONCLUSIONS 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. A"collector"type street(public)will be built to serve the 30 lots that are proposed. This street will be connected to Carolina Beach Road. C. The site is located in the Myrtle Grove VFD District. D. Fire hydrants are proposed for the project. 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. "High Density" development is permitted by special use permit in the R-15 Residential Zoning District. The site is currently zoned R-15. The site is also classified Urban Transition in the 1993 Land Use Plan. B. The property has direct access to a major thoroughfare - Carolina Beach Road. C. Public sewer and community water are available. D. Because the proposed density exceeds 2.5 units per acre,the first 1.5 inches of storm water must be detained on site. E. The required setback from adjacent residential uses is 2.75 times the building height. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A wide variety of housing types are located in the general area- single family, duplexes, and mobile homes. B. The primary use in the area is single family. 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 variety of housing stock in the area. Several "high density"projects are currently under construction on the east side of Carolina Beach Road to the north and south. The highest concentrations of duplexes in the area is just north of Horn Road on Long Branch Drive. B. Land on the project's eastern boundary is zoned B-2 Highway Business. All other land bordering the project is zoned R-15. Silver Lake development is located to the south. Platted lots are located to the north. 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 the 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. Ordered this 12th day of July, 1999. h,/ !OOP ; '` �, William A. Caster, Chairman Attest: �� ►=°r'.� Clerk to the Board STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT OFFICE WAREHOUSE The County Commissioners for New Hanover County having held a public hearing on March 8, 1999, to consider application No Z-648 submitted by Jon Vincent, a request for a special use permit in a Conditional Use Zoning District to use the property located on Carolina Beach Road, and having heard all the evidence and arguments presented at the hearing, make the following findings of fact and draw the following Conclusions: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site has water and sewer. B. The site is located in Myrtle Grove Business Park with 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 site plan pursuant to the Zoning Ordinance has been submitted. B. Required setbacks, buffer yards, and other design requirements have been substantially 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. The site is located very near an existing residence which is used in part as a hair salon. B. The site is already zoned O-I and B-2 permitting a wide range of develop- ment for nonresidential opportunities. { l 5. It is the County Commissioners' CONCLUSION that the proposed use , DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is located in an approved business park. One lot of the park is occupied by a veterinary clinic. Land to the north is zoned B-2 Business I and Office and Institution and developed with a wide variety of commercial uses. Land across the highway is similarly zoned and developed. a 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 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 t conditions hereinafter stated. i B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: (1) All other applicable federal, state, and local laws. (2) No access is permitted to Lobos Lane. (3) Provide fencing to screen adjacent residential use to the north from the site. Ordered this 8th day of March, 1999. 1" ,��; 3 UGC&P"'"- 0 4t4 -. William A. Caster, Chairman t' Attest: ', 4 4#L'. ■ /14_ 1 Cl to the Board Affirmation this day of , 19 Applicant k g t 1 f STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER i 4 d' ORDER GRANTING A SPECIAL USE PERMIT ( Revised) Personal Care Facility The County Commissioners for New Hanover County having held a public hearing on August 2, 1999 to consider application number E S-436 submitted by Mason & Associates, a request for a Special 1 Use Permit to use the property located 6612 Gordon Road and having heard all the evidence and arguments presented at the Y hearing, makes the following FINDINGS OF FACT and draws 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 . F i i 2 . It is the County Commissioners ' CONCLUSION that the I 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 1 and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the 1 following FINDINGS OF FACT : ! t 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 Fire VFD District . 1 C . The property has direct access to Gordon Road. i 3 . It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications . In support of this conclusion, , the Commissioners make the following FINDINGS OF FACT : 1 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 of facility is 2 . 0 acres . The site contains 5 . 66 acres . 1 C. The minimum required front, side and rear yard setbacks are met . D. Approximately 66 parking spaces are provided. The minimum requirement is one space per bed and one for each employee on the greatest shift . The applicant plans 39 one bedroom and 12 two bedroom totalling 51 units . t E . Total square footage of building is 65, 625 F. Impervious building coverage is 27% . i E 4 . It is the County Commissioners ' CONCLUSION that the 6 r { 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 north includes Farrington Farms development, a "you pick" strawberry farm, Eaton Elementary school and Cape Harbour 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, 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 . C. Other: 1 . All other applicable federal, state and local laws . �55 1 i } i#i } Ordered this 2nd day of August 1999 . 4 tkl William A.Caster, Chairman Attest: opt, , v/2/7244,4„a_____ lerk to the Board M1 { rt y S q } 3 F 4 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT ( Revised) In a Conditional Use Zoning District Landscaping Services & Professional Offices The County Commissioners for New Hanover County having held a public hearing on August 2, 1999 to consider application number Z-609 submitted by William Jackson, request for a Special Use Permit in a Conditional Use Zoning District to use the property located in the 7700 block of Market Street and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS : 1 . 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 the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT : A. The property is located in the Ogden VFD Distrct 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. Based on the proposed building height, set backs and buffer yards can be satisfied. 4 3 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. F. The additional building is 1, 920 sq. ft. Both buildings total 4,704 sq. ft. 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 . B. Adjacent properties are developed with housing or are vacant . C . Commerical uses are located on properties to the northeast and southeast . 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 mixture of commerical and residential land uses along this stretch of Market Street . The emerging land use pattern appears to favor commercial and related non-residential 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 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 . Ordered this 2nd day of August 1999 . ti 0 William A.Caster, Chairman Attest : / - ���. lerk to the Board gg� is { 7 z 4 qt STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT In a conditional use Zoning District Sports Membership Gym The County Commissioners for New Hanover County having held a public hearing on August 2, 1999 to consider application number Z-670 submitted by Steve Niemeyer, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located in the 7900 block of Market Street and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS : 1 . 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 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 located on the northwest side of Market Street . Country Haven development is located to the rear of the site . B. The Ogden Fire District is located in the area . C. The property according to the site plan will have two access points from Country Haven Drive (private 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. Sports and recreational clubs are permitted under conditional use (B-2) criteria are permitted. B The proposed building size is 25, 000 square feet with a building height of 1 . 5 stories . C. Setbacks and buffer yards displayed on the site plan along with parking meet minimum zoning criteria . D. Special Highway Overlay Requirements ( SHOD) will 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 H a gK • Commissioners make the following FINDINGS OF FACT : A. The property is currently being used as a sales office for the Country Haven Development . B. Property adjacent and to the southwest is a Pet Cemetery. Mendenall residential development is located behind the cemetery. C. A smattering of commercial uses exists on the southeast side of Market Street, across from the proposed request . ) 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. In the general area along Market Street where the site is proposed, there is a mixture of commercial and residential land uses . Emerging land uses fronting along Market Street appear to be commercial and non- residential uses . B. Due to residential growth in the Ogden area, services such as the one proposed are needed. 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. Depth of the CD (B-2) Highway Business shall be 300 feet from Market Street; the balance of the property will remain O&I . C. Approximately 12, 000 square feet of the building will be used as a sports recreational facility ( Gold' s Gym) ; the balance of the structure will be used as O&I Office Institutional ( professional offices) . D. 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 . E. Other: 1 . All other applicable federal, state and local laws . F. A deacceleration lane from Market Street is subject to NCDOT review and approval for ease of access Country Haven Drive . 1 Ordered this 2nd day of August 1999 . 1 ,v3.111171,.. 1 k/ evriav„ A-wiV2.1)(' - lL4itt4',--, William A.Caster, Chairman Attest : Cl rk to the Board