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Special Use Permits 1987 t , • 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: y { Z 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. i Ao-ZpAA. C/ AS 2•P 1i Chairman ' "kkilimlik IIA „.. ,,h 7 .„../ ......4, .l� g w } 3 � . 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: ,....... ......• ........ ....... ....,...... ,. ...1._..._....c ,:.�;...a........—. .. .....,..w ..« .....+4...d�.,L�'.:.:rta..6.._ ........«...w...... ..._. ___.... 1 A _ t 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. 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 ,, 2; m Die • Chairman * A 6:1 * - pQ N9� v„a,.s.is *s p2 OFNOR1t‘GP 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. • 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 a . . • era * . t r m r ' NO1 i • 3 1 • 3 COUNTY OF NEW HANOVER } 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: • 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: - t 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 at \400r170(01 • Ov F No { f i COUNTY OF NEW HANOVER • STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT MOBILE HOME The County Commissioners for New Hanover County having held a public hearing on 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. } 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 { E k 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: } 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 . 4001-ti ril j i � GEC CIP ' Cha man se a OW jr • P - . 4 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 . /14 G►14/---t ;, '- Ch irman V' /-ik � ' M grA 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 • • N 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 to • 4•• ,A ar . . z cp ,- ct, 00NOe' • } i s 4�. • 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 hairman • 444N8 !I.,► 9�► .mts[a g7r j umuSi.Ar n■ NURtN ��' 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. irI.G�,... ICJ �P-IO r Ch man 1 AI ( ' • 14 w • NOW COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT NURSING HOME { 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 t- :""liv..? 44 <10-, O.