HomeMy WebLinkAboutSpecial Use Permits 1987 t ,
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
TWO ( 2) MOBILE HOMES
The County Commissioners for New Hanover County having held a public
hearing on February 2,1987 to consider application number S-276, 1/87
submitted by Shirley Johnson , a request for a special use permit to
use the property located at the eastern terminus of Gladiolus Road , 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 72-27 of the County Zoning Ordinance will
be satisfied if the property is developed in accordance with the plans
submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the first general requirement listed in the Ordinance; namely
that the use will not materially endanger the
Y g 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 Health Department has reviewed the site for septic tank
suitability and has determined the soils on the eastern portion
of the parcel to be provisionally suitable if drained and/or
filled. Modifications will be required before septic tanks can
be approved.
B. The property is located in the Wrightsboro V.F.D. District and is
approximately 1.7+ miles from the station house.
C. Access is available via Gladiolus Road, a State maintained road
(SR 2021) .
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 special uses in the R-20 Residential
District. The minimum lot sizes per use is 20,000 square feet.
The petitioner has fifteen ( 15) acres.
B. 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 predominant use of land on the south side of Gladiolus Road
is mobile homes on individual lots. Also, there are other mobile
homes in the immediate vicinity.
5. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the fourth general requirement listed in the Ordinance; namely
3 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:
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A. The property is classified Resource Protection in the 1986
Wilmington - New Hanover Land Classification Map because of its
proximity to the secondary recharge area of the Castle Hayne
aquifer. Density in the area is limited to .2. 5 dwelling units
per net acre. The proposed use at a maximum is only 1.9 dwelling
units per net acre.
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 2nd day of February , 1987.
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. COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
KENNEL EXPANSION
The County Commissioners for New Hanover County having held a public
hearing on March 2, 1987 to consider application number S-137 ,
6/75; Modified 6/84; 3/87 submitted by Mr. and Mrs. E.D. Inscoe
a
request for a special use permit to use the property located on the
northside of Greenville Loop Road (Meadowsweet Kennel) , 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 72-26 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/does not satisfy the first general requirement listed in the
Ordinance; namely that the use will not materially endanger the public
health or safety if located where proposed and developed according to the
plan as submitted and approved. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
3 . It is the County Commissioners' CONCLUSION that the proposed use
does/doesnot 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:
4. It is the County Commissioners' CONCLUSION that the
does/does not satisfy the third proposed use
Y 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:
5. It is the County Commissioners' CONCLUSION that the proposed use
does not satisfy the fourth general requirement listed in the Ordinance;
namely that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in
which it is to be located and in
general conformity with the plan of
development for New Hanover County. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
1. The number of homes and general residential activity in the area
has increased over time, further reinforcing the residential
character of the area. Expansion of the kennel would not be in
harmony with the area and inconsistent with the areas residential
theme.
6. Therefore, because the County Commissioners conclude that all of
the general and specific conditions precedent to the issuance of a SPECIAL
USE PERMIT have not been satisfied, IT IS ORDERED that the application for
the issuance of a SPECIAL USE PERMIT be DENIED, subject to the following
conditions:
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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 Federal, State and local laws.
Ordered this 2nd day of March , 1987
��NOVER , � c
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• Chairman
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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 March 2, 1987 to consider application number S-277 3/87
submitted by T.R. Kalnen , a request for a special use permit to
use the property located on South side of Northwest Road in Castle
Hayne , 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 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
does satisfy the first proposed use
Y 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. Application has been made to the County Health Department to
evaluate the site for sewage disposal suitability.
2. The property is located approximately 1. 3 miles from the Castle
Hayne VFD.
3 . Access to the site is directly from Northwest Road.
3 . It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the second general requirement listed in the Ordinance; namely
that the use meets all required conditions and specifications. In support
of this conclusion, the Commissioners make the following FINDINGS OF FACT:
1 . Mobile homes are permitted special uses in the RA Rural
Agriculture District. A minimum lot size of 30,000 square is
required. The petitioner has ten ( 10) acres.
2. Adequate area is available to meet off-street parking
requirements.
3 . The intended use of land ( low-density residential) is in general
compliance with the land use intensity prescribed by the 1986
Land Classification, Resource Protection.
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. Many of the land parcels in the general area are greater
than one ( 1) acre and residential land use intensity in the
area is low. There are mobile homes scattered throughout
the northwest Castle Hayne area.
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5. It is the County Commissioners ' CONCLUSION that the proposed use
does satisfy the fourth general requirement listed in the Ordinance; namely
that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for
New Hanover County. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
1. Low density residential land uses are promoted by the sites 1986
Land Classification, Resource Protection.
6. Therefore, because the County Commissioners conclude that all of
the general and specific conditions
precedent
USE PERMIT have been satisfied, IT ISORDERED that hthe sapplication 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
including septic system approval by the County Health Department.
Ordered this 2nd day of March 1987
Ay1,1[I,lf.r,
r,• Chairman
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COUNTY OF NEW HANOVER
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STATE OF NORTH CAROLINA •
ORDER DENYING A SPECIAL USE PERMIT
CONVENIENCE FOOD STORE
The County Commissioners for New Hanover County having held a public
hearing on March 2, 1987 to consider application number S-278,
3/87 submitted by Nancy Williamson
a request for a special use
permit to use the property located at the northwest corner of Silva Terra
Drive and Carolina Beach Road , and having heard all the evidence and
arguments presented at the hearing, makes the following FINDINGS OF FACT
and draws the following CONCLUSIONS:
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1. The County Commissioners FIND as a FACT that all of the specific
requirements set forth in Section 72-4 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/does not satisfy the first general requirement listed in the
Ordinance; namely that the use will not materially endanger the public
health or safety if located where proposed and developed according to the
plan as submitted and approved. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
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3. It is the County Commissioners' CONCLUSION that the proposed use
does/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:
4. It is the County Commissioners ' CONCLUSION that the proposed use
does not satisfy the third general requirement listed in the Ordinance;
namely that the use will not substantially injure the value of adjoining or
abutting property, or that the use is a public necessity. In support of
this conclusion, the Commissioners make the following FINDINGS OF FACT:
1. The proposed use would be too close to an existing residential
neighborhood and would diminish the overall residential integrity
of the area.
2. The use would promote non-residential traffic along a residential
street, further undermining the residential character.
3 . The use would promote loitering, unnecessary noise and litter in
close proximity to an established residential area.
5. It is the County Commissioners ' CONCLUSION that the proposed use
does not satisfy the fourth general requirement listed in the Ordinance;
namely that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in
which it is to be located and in general conformity with the plan of
development for New Hanover County. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
1. The use would not be in harmony with established 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 not been satisfied, IT IS ORDERED that the application for
the issuance of a SPECIAL USE PERMIT be DENIED, subject to the following
conditions:
a) That the applicant shall fully comply with all of the specific
requirements stated in the ordinance for the proposed use, as
well as any additional conditions hereinafter stated.
b) If any of the conditions imposed by this special use permit shall
be held invalid beyond the authority of this Board of
Commissioners by a court of competent jurisdiction then this I
permit shall become void and of no effect.
c) Other: All other Federal, State and local laws.
•
Ordered this 2nd day of March , 1987
�vh VER Co04. Chairman
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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 April 6, 1987 to consider application number S-279, 4/87
submitted by Linda Worrell , a request for a special use permit to use
the property located on the west side of Oakley Loop Road 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 72-27 of the County Zoning Ordinance will
be satisfied if the property is developed in accordance with the plans
submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the first general requirement listed in the Ordinance; namely
that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and
approved. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
A. The New Hanover County Health Department conducted an on-site
evaluation of the property and determined the soils could support
a septic tank disposal system.
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B. Access to the site is available directly to Oakley Loop Road.
C. The site is 1.6+ miles from the Wrightsboro 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. The site is zoned R-20 Residential. Mobile homes are permitted
by special use permits as per section 72-27 of the Zoning
Ordinance.
B. The applicant has enough land area to accommodate two (2)
separate dwelling units.
C. Adequate area exists 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. There are mobile homes either on individual lots or within mobile
home parks, scattered throughout the general area. Oakley Mobile
Home Park is located directly across the street and there are
mobile homes on individual lots located on adjacent property.
5. It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the fourth general requirement listed
in the Ordinance; namely that the location and character of the
use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for New
Hanover County. In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
1
A. The property is classified Resource Protection in the 1986 Land
Use Plan Update. Low density residential land uses are
permitted.
B. There are several mobile homes in this general vicinity.
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 Federal, State and local laws.
Ordered this 6th day of April , 1987
?Yew
Chairman
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
The County Commissioners for New Hanover County having held a public
hearing on July 7, 1987 to consider application number S-282, 7/87
submitted by Emerson White , a request for a special use permit to use
the property located on the north side of Holly Shelter Road, and
having heard all the evidence and arguments presented at the hearing, makes
the following FINDINGS OF FACT and draws the following CONCLUSIONS:
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1. The County Commissioners FIND as a FACT that all of the specific
requirements set forth in Section 72-27 of the County Zoning Ordinance will
be satisfied if the property is developed in accordance with the plans
submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the first general requirement listed in the Ordinance; namely
that the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and
approved. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
1. An improvements permit has been issued by the County Health
Department for sewage disposal.
2. The property has an easement access to Holly Shelter Road.
3 . 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:
1. Mobile homes are permitted by a special use permit in the I-2
Heavy Industrial District.
2. Adequate area exists 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:
1. The use will be located on a large tract of land in a sparsely
developed area. Land usage in the area is primarily low density
residential and industrial. Despite the presence of a vast area of
Industrial Zoning, industrial development is not intensive.
5. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the fourth general requirement listed in the Ordinance; namely
that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for
New Hanover County. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
1. The site is classified Resource Protection in the 1986 Land Use
Plan Update. Low density residential land uses are permitted
provided important natural resources are protected.
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 Federal, State and local laws.
Ordered this 7th day of July, , 1987 .
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Mobile Home Incidental to Pricipal Use
The County Commissioners for New Hanover County having held a public
hearing on July 7, 1987 to consider application number S-283, 7/87
submitted by Henry Bahr , a request for a special use permit to use
the property located on the east side of US 421 North, 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 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. The County Health Department has issued an improvements permit
for sewage disposal.
2. The site has direct access to US 421 North.
3. The site is located in the South Wilmington Fire District.
3 . It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the second general requirement listed in the Ordinance; namely
that the use meets all required conditions and specifications. In support
of this conclusion, the Commissioners make the following FINDINGS OF FACT:
1. A dwelling unit incidental to a principal use is a permitted
special use in the I-2 Heavy Industrial District. A mobile home
may be used as a separate unattached dwelling subject to the
following:
A. An area 15,000 square feet be designated for the use of the
residents. The total site area is 4+ acres.
B. The structure shall be screened from view. The mobile home
is located to the rear of the principal use.
C. The dwelling unit shall be occupied solely by the person
engaged in the principal use. The owner of the business is
the intended occupant.
D. Adequate area exists to provide an additional two ( 2)
off-street parking spaces for the proposed use.
E. A site plan outlining the intended land uses has been
submitted.
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. The general area is developed primarily with industrial uses.
Residential uses as accessory uses are permitted under special
conditions.
5. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the fourth general requirement listed in the Ordinance; namely
that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for
New Hanover County. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
1. The property is classified Transition on the 1986 Land Use Plan
Update. More intense urban development is encouraged where
economically provided public services are available.
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 Federal, State and local laws.
Ordered this 7th day of July, , 1987 .
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;, '- Ch irman
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING/DENYING A SPECIAL USE PE MIT
•
The County Commissioners for New Hanover County having held a public hearing on
May 4, 1981 to consider application number S-168 4/81
submitted by Robert-1C sawyer , a request for
a special use permit to use the property located at west side of Masonboro Loop Rd. ,
approx. 1000 ft. north of Masonboro Sound 1'oad for a cruTfP .imiT' developmen-E
and having heard all the evidence and arguments presented a t theTheari ng, makes the
following FINDINGS OF FACT and draws the following CONCLUSIONS:
1 . The County Commissioners FIND as a FACT that all of the specific require-
ments set forth in Section 72- 5 of the County Zoning Ordinance (will/o€ickkxaok)
be satisfied if the property is developed in accordance with the plans submitted
to the County Commissioners. (Specify which requirements, if any, are not
satisfied by the proposed development) .
2. It is the County Commissioners ' CONCLUSION that tfhs proposed use (does/ 4?RR
14itt 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 . Water supply and sewage treatment facilities will be approved by the State.
2. Traffic generated by the development will not exceed the capacity of
Masonboro Loop Road.
3. It is the County Commissioners ' CONCLUSION that the) proposed use (does/
;,1p,v;Yxlv)t) satisfy the second general requirement listed in the Ordinance; namely
that the use meets all required conditions and specifications. In support of
this conclusion, the Commissioners make the following FINDfNOS OF FACT:
I . Multi-family developments are a permitted use in the R-Vi district.
2. Overall density is 6 units/acre in compliance with Section 73 of the Zoning Ord.
3. 396 parking spaces are provided in accordance with Sections 80 & 81 of the
Zoning Ord.
All units will be located above the high water line.
r. It is the County Commissioners ' CONCLUSION that thl proposed use (does/
li1:.r:'.xrM satisfy the third general requirement listed i n the Ordinance; namely
not the use will not substantially injure the value of ad j')i ni ng or abutting
irooerty, or that the use is a public necessity. In support of this conclusion
the Commissioners make the following FINDINGS OF FACT:
1 . Proposed improvements will increase value of surrounding property.
Nost of surrounding area is presently undeveloped.
•
5. It is the County Commissioners ' CONCLUSION that th proposed use (does/
; < xa:W„) 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
5:uhniteed and approved will be in harmony with the area in which it is to be
Located and in general conformity with the plan of develop, c,rit for New Hanover
In support of this conclusion, the Commissioners rake the following
F' ;DrNGS OF FACT:
1. Property abuts Hewletts Creek to the north.
2. A recreation facility is proposed for adjacent property to the south.
3. A substantial amount of open space will be maintained in its natural state.
4. Structures will be energy conservative, and solar orient."1; County Growth Policies
encourage developers to use renewable energy sources.
5. County Growth Policies encourage a variety of housing t/0(,'s
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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/hnumfd) been satisified, IT IS ORDERED that the application for the
. issuance of a SPECIAL USE PERMIT be (GRANTED/0E00000, 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 juristidtion then this permit shall become void and
of no effect.
• S
c) Other: 1 . Compliance with all applicable State, Federal and local regulations.
2. Must connect to sewer interseptor within 180 days after completion
of pipeline.
. 8
Ordered this t`- day of 19 �
airman
And as modified August 3, 1987 •
1. That the total number of units be reduced from 156 to 114.
2 . That the requirements of the County' s Conservation Overlay
District be invoked;
• Specifically, enforcement of a 75 foot setback from the
marsh line and . 75 inch retention of the first inch of •
stormwater runoff generated by all impervious surfaces.
3. All other subdivision design guidelines be followed.
2Z, o• Chairman
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
RETAIL NURSERY
The County Commissioners for New Hanover County having held a public
hearing on September 8, 1987 to consider application number S-284, 9/87
submitted by Steve Hutchinson, a request for a special use permit to use
the property located on the south side of N. Kerr Avenue, west of Truesdale
Drive, 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 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 ac^"rding to the plan as submitted and
approved. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
1. The proposed use is located within the Wrightsboro VFD District.
2. The soils are generally suitable for septic disposal, though the
County Health Department has not issued a formal evaluation of
the 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:
1. Retail nurseries are permitted by Special Use Permit in the AR
Airport Residential District.
2. The Zoning Ordinance does not elaborate on any special conditions
for this type of land use.
3. This use categorization is based on the land use classification
found in the Standard Industrial Classification Manual. In that
text, retail nurseries are defined as "establishments primarily
engaged in selling trees, shrubs, other plants, seeds, bulbs,
mulches, soil conditioners, fertilizers, pesticides . . . and
garden supplies to the general public."
4. It is the County Commissioners' CONCLUSIn?T 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 th?t the use is a public necessity. In support of
this conclusion, the Commissioners make the following FINDINGS OF FACT:
1. Surrounding property to the southern, eastern, and western
perimeters is vacant. Property to the north is zoned A-I Airport
Industrial and is or has been used for a variety of purposes over
time, including auto/truck repair, building contracting, and
light manufacturing.
5. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the fourth general requirement listed in the Ordinance;
namely that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in
which it is to be located and in general conformity with the plan of
development for New Hanover County. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
1. The proposed use would be directly adjacent to an A-I Airport
Industrial District, which is lightly developed with a mixture of
non-residential land uses. Much of the N. Kerr Avenue frontage
from Blue Clay Road eastward beyond this site is developed in a
similar manner.
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) Others:
( 1) All other Federal, State and local laws, as applicable.
( 2) That the portion of the property zoned AR be limited to
three greenhouses; two ( 2) in size not to exceed 60' x 150' ;
the other not to exceed 50' x 100' .
( 3 ) The maximum height of structureScannot exceed 25 feet.
( 4) That the operation be limited to the sale of plant materials
including but not limited to shrubs, trees, plants, bulbs,
and flowers.
(5) That there be no storage of heavy equipment on the property
zoned AR Airport Residential District.
Ordered this 8th day of September , 1987
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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 December 7 , 1987 to consider application number S-286, 12/87
submitted by W. A. Buck, III, a request for a special use permit to use the
property located on the east side of US 117, north of Teresa Drive, 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 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:
1. Improvements permit No. S-86 453 has been issued by the County
Health Department for septic tank installation. Water will be
provided by an individual well.
2. Access to the site directly to US 117 (Castle Hayne Road) , via a
private easement.
3. The subject property is located less than . 50± mile from the
Wrightsboro Volunteer Fire Dept.
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. Mobile homes are permitted "special uses" in the R-20 Residential
District. Two ( 2) mobile homes are located on nearby lots.
2. A minimum of 20,000 square feet of lot area is required. The
petitioner has designated 1.25 acres for the use.
3. Adequate space is available to meet off-street parking
requirements and all setback requirements can be easily 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:
1. The site is currently occupied by a recreational vehicle parts
facility and a mobile home. Special use
P permit5were granted for
the existing mobile homes in October 1985 and August 1986. There
are other mobile homes in the general vicinity, primarily along
Teresa Drive and Arlene Drive.
5. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the fourth general requirement listed in the Ordinance; namely
that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it
{ is to be located and in general conformity with the plan of development for
New Hanover County. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
1. The property is classified Rural. Land uses not requiring major
urban services, such as the uses allowed in the R-20 District,
are encouraged.
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.
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 December
1987.
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
NURSING HOME
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The County Commissioners for New Hanover County having held a public
hearing on December 7 , 1987 to consider application number S-287 , 12/87
submitted by William Moore, a request for a special use permit to use the
property located on the west side of South College Road, west of the Shrine
Club, 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 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:
1. Water service is to be provided by Cape Fear Utilities. Sewer
service is to be provided by a private package system.
2. The site is approximately 1. 30± miles from the Myrtle Grove VFD.
3. Access to the site will be via the construction of the previously
platted but currently undeveloped Sudan Drive.
3. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the second general requirement listed in the Ordinance; namely
that the use meets all required conditions and specifications. In support
of this conclusion, the Commissioners make the following FINDINGS OF FACT:
1. Retirement/nursing/personal care facilities are permitted in R-15
Residential Districts subject to the requirements of the
district. (72-9)
2. The minimum site area required for this type of facility is 2.0
acres. The subject parcel encompasses 4.0 acres. (72-9( 1) )
3. The minimum site required side and rear yards shall not be less
than 50 feet. The front yard setback shall be 25 feet greater
than that required of single-family residences within the
district. Site plan data indicates a side and rear yard setback
of 50 feet for the principal structure. An 80 foot front yard
for the principal structure is proposed. ( 72-9( 2) )
4. Twenty-four off-street parking spaces are provided for visitor
use plus one additional space for the handicapped. Eleven
employee spaces are designated on the site plan. These space
provisions are adequate to comply with the parking requirements
specified for nursing homes in Section 81-1 of the Zoning
Ordinance.
5. Though a buffer is not specifically required, the site plan
indicates that an area approximately 15' in width will be
retained in its natural state around the perimeter of the
property. This excludes, however, an area approximately 160
feet in length on the eastern perimeter beginning at the
entrance to the site and terminating approximately 160 feet
to the north.
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. Though the site would remain adjacent to a previously approved
and platted subdivision (Shrine Park) , it continues to remain
undeveloped, as are all other properties around the subject
sites perimeter.
5. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the fourth general requirement listed in the Ordinance; namely
that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for
New Hanover County. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
1. The site is classified Transition in the 1986 Land Use Plan
Update. More intense urban type development is encouraged.
Also, the absence of development surrounding the site generally
limits short term land use conflicts.
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. A. The facility will accommodate 60 beds.
B. The building will encompass 20,000 square feet.
C. There will be 32 resident rooms, some with a full
private bath, some with a private half bath and some
will share a bath room.
D. 2, 500 square feet of recreation and dining space is
proposed.
E. The building will also contain some office space, a
commercial type kitchen and a laundry.
F. Twenty-eight ( 28) employees divided over 3 shifts will
be employed.
G. The facility' s services are intended to serve County
and State subsidized residents, as well as private pay
residents.
3. Additional Restrictions:
A. The site is proposed to occupy approximately 5 lots of
what is now known as Shrine Park Subdivision. The
owner/developer shall be required to make arrangements
to "re-record" to reflect ownership and lot
configuration changes.
B. No certificate of occupancy should be issued until the
access road (Sudan Drive) has been constructed to
public standards.
C. The retention of the natural areas around the perimeter
shall be required to reduce land use conflicts when
adjoining properties eventually develop.
Ordered this 7th day of December , 1987.
04- hi / 41-Ok--
Ch irman
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