Special Use Permits 1988 s 4
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT MODIFICATION
MEMBERSHIP SPORTS AND RECREATION CLUB
CONCESSION STAND ENLARGEMENT AND RELOCATION
The County Commissioners for New Hanover County having held a public
hearing on February 1, 1988 to consider application number S-191, S-206;
Modified 2/88 submitted by Sports of Wilmington, Ltd. , a request for a
special use permit to use the property located at the existing Bobby
Benson Softball Complex, 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. The site is located in close proximity to the Myrtle Grove
Volunteer Fire Department.
2. The enlargement of the concession stand should not overburden
traffic flow on and the capacity to carry said traffic on US 421
South.
3. A septic tank system was approved by the Health Department prior
to the issuance of the initial Special Use Permit in February
1982. `
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
1. Membership sports and recreation clubs and appurtenant uses are a
permitted special use in the R-15 Residential District.
2. All lot area and dimensional requirements of Section 52.5-2 of
the ordinance are satisfied.
3. All parking requirements of Section 72-28 and 80 of the ordinance
are satisfied.
4. There are no changes proposed in the previous restrictions for
buffering and outdoor lighting. (See S-191, and S-206 attached. )
5. There is no change in seating arrangements for spectators. (See
S-191 and S-206 attached. )
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4. It is the County Commissioners' CONCLUSION that the proposed use 4
does satisfy the third general requirement listed in the Ordinance; namely
that the use will not substantially injure the value of adjoining or
abutting property, or that the use is a public necessity. In support of
this conclusion, the Commissioners make the following FINDINGS OF FACT: s
1. The softball complex has been in place for approximately six plus
years and was constructed in accordance with the conditions set
forth in Special Use Permit S-191 and S-206. E
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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. The proposed modification affects only the concession stand. All
other facilities will remain unchanged.
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 MODIFICATION 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 applicable Federal, State and local laws.
2. The existing concession stand can remain until construction
on the new concession stand has been completed. The
bathrooms in the existing facility can be upgraded and will
remain on the site.
Ordered this 1st day of February , 1 88.
Cha'rman
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STATE OF NORTH CAROLINA
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ORDER GRANTING A SPECIAL USE PERMIT
The County Commissioners for New Hanover County having held a public
hearing on March 9, 1988 to consider application number S-288,
3/88 submitted by J. D. Loughlin , a request for a special use
permit to use the property located on the east side of Sycamore Street,
450± feet north of Prince George Avenue , and having heard all the
evidence and arguments presented at the hearing, makes the following
FINDINGS OF FACT and draws the following CONCLUSIONS: 5
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1. The County Commissioners FIND as a FACT that all of the specific s
requirements set forth in Section 72-27 of the County Zoning Ordinance will 4
be satisfied if the property is developed in accordance with the plans
submitted to the County Commissioners.
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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 safety Y 9 public health or safet 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: r
1. Application has been made to the County Health Department for
septic tank suitability analysis.
2. The subject property is located approximately .30+ mile from the E
Castle Hayne VFD.
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3. Access to the site is at Sycamore Street, a platted but ="
unimproved dirt road.
3. It is the County Commissioners' CONCLUSION that the proposed use
does satisfy the second general requirement listed in the Ordinance; namely i
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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 in the RA Rural Agriculture District
by special use permit. f
2. The minimum lot size for residential uses in the RA District is
30,000 square feet. The petitioner proposes to designate 1.01±
acres out of the existing 17 acre tract to accommodate the mobile 1
home.
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4. It is the County Commissioners' CONCLUSION that the
does satisfy the third proposed use a
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:
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1. There are mobile homes on adjacent properties and they are )
• prevalent throughout the general 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. The property is classified community. "Crossroads" type
development to help meet housing, shopping and employment needs
is encouraged. Only Castle Hayne has been designated community.
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.
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Ordered this 9th day of March , 1986
l LL-'ectti'1 2ZI"et'
• Chairman
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER DENYING A SPECIAL USE PERMIT
Mobile Home
The County Commissioners for New Hanover County having held
a public hearing on Monday, April 4 , 1988 to consider application
number S-289, 4/88 submitted by Herbert Hazard, a request for a
special use permit to use the property located at on the east
side of Velva Drive, and having heard all the evidence and
arguments presented at the hearing, makes the following FINDINGS fi
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 not be satisfied if the property is
developed in accordance with the plans submitted to the County
Commissioners.
2. It is the County Commissioners ' CONCLUSION that the
proposed use does not satisfy the third general requirement
listed in the Ordinance; namely that the use will not
substantially injure the value of adjoining or abutting property,
or that the use is a public necessity. In support of this
conclusion, the Commissioners make the following FINDINGS OF
FACT:
The Commissioners have concluded that continued expansion of
rental mobile home units adjacent to established
single-family units would negatively impair property values
in the area.
3 . 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:
The continued expansion of mobile home units would not be in
character with the predominant use of land in the area -
single-family structures.
4. Therefore, because the County Commissioners conclude
that all of the general and specific conditions precedent to the
issuance of a SPECIAL USE PERMIT have not been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE
PERMIT be DENIED.
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Ordered this 4th day of April, 1988.
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STATE OF NORTH CAROLINA
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COUNTY OF NEW HANOVER
ORDER GRANTING/DENYING A SPECIAL USE PERMIT
The County Commissioners for New Hanover County having held
a public hearing on May 2, 1988 to consider application number
S-290 submitted by Jerald W. Davis, a request for a special use
permit to use the property located at a dirt road easement, 600+
ft. north of Rockhill Road on the west side of U.S. 117, Tax Map
25-15-001-013-000, 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.
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2. It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the first general requirement listed in 1
the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and y'
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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1. The County Health Department has granted the applicant f
permission to connect to an existing septic tank system
on the site.
2. The site is approximately 1 . 25 miles from the
Wrightsboro VFD.
3. Access to the site is via a
private drive which leads
= to Castle Hayne Road.
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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 as special uses in the R-20
Residential District. The property is zoned R-20 F
Residential.
2. Adequate land area is available to meet minimum lot
size and 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 i'
the value of adjoining or abutting property, or that the use is a f
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public necessity. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
1. There are other mobile homes in the general vicinity.
Special Use Permit S-249 (Mobile Home) was issued for a
site west of the parcel in question in August, 1985.
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 Resource Protection in the s.
1986 Land Use Plan Update. Residential development is
encouraged provided density levels do not exceed 2. 5
units per acre. Because the site is zoned R-20, the
maximum density allowed is 1. 9 units per 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 Federal, State and local laws.
Ordered this 0444 day of , 1988.
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
CHILD DAY CARE
The County Commissioners for New Hanover County having held
a public hearing on August 1, 1988 to consider application number
S-291 , 8/88 submitted by Myrtle Grove Christian School, a request
for a special use permit to use the property located on the south
side of Piner 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 72-20 of the County
Zoning Ordinance will be satisfied if the property is developed
in accordance with the plans submitted to the County
Commissioners.
2. It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the first general requirement listed in
the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and
developed according to the plan as submitted and approved. In
support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. The proposed day care facility would not require any
new construction. It would be housed in the existing
Myrtle Grove Christian School. This school consists of
a three and four year old pre-school, a kindergarten,
first and second grades, and sixth and seventh grades.
B. Existing water supply and septic disposal system would
not need to be upgraded.
C. The site has access to Piner Road at two points and is
easily accessible by emergency response teams.
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. Off-street parking is required at the rate of one (1)
space for each employee plus four ( 4) spaces for
off-street drive-in and pick-up. A large area around
the school has been designated for parking use. The
exact number of spaces provided is not known, but ample
area is provided to meet the minimum space requirement
established in the ordinance.
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B. The parking lot of the property leads directly to Piner
Road. Two entrances are provided. Entry and exit can
be made to Piner Road without backing onto the road.
C. The play area is located immediately behind the church
sanctuary. It is enclosed by a fence at least four ( 4)
feet in height. Maximum safety can be secured.
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D. All signage will comply with conditions outlined in the
Zoning Ordinance.
E. All state licensing requirements have been taken. The
license requested would cover a maximum of thirty ( 30)
children.
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:
The proposed use of the property is very similar to use
currently being conducted on the site. No change in
character and general activity would be evident.
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:
As noted, the site is currently used for a school and
church. The County is constructing a middle school less
than one-half mile away from Piner Road.
6. Therefore, because the County Commissioners conclude
that all of the general and specific conditions precedent to the
issuance of a SPECIAL USE PERMIT have been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE
PERMIT be GRANTED, subject to the following conditions:
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
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jurisdiction then this permit shall become void and of
no effect.
C. Other: All other applicable Federal, State and local
laws.
Ordered this 1st day of August, 1988 .
NrP Nolan O'Neal, Chairman
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
MOBILE HOME
The County Commissioners for New Hanover County having held
a public hearing on October 3 , 1988 to consider application
number S-292 submitted by Donna Brattan, a request for a special
use permit to use the property located on the south side of
Oakley 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 Cormissionei s.
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 site has been evaluated by the Environmental
Section of the Health Department and a septic tank
improvements permit has been issued.
2. The site is less than two ( 2 ) miles from the
Wrightsboro VFD.
3 . Adequate access to Oakley Road is available.
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 special use permit in the
R-20 Residential District.
2 . The minimum lot size is 20 , 000 square feet. This
petitioner has over 4+ acres.
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
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is a, public necessity. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
1. There are mobile homes in the general area and other
special use permits have been granted for other sites
nearby.
5. It is the County Commissioners' CONCLUSION that the proposed
ur does satisfy the fourth general requiremcnt 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
3 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 area is classified Resource Protection.
Residential development is permitted provided the
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density does not exceed 2. 5 units per 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:
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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
s
this Board of Commissioners by a court of competent
jurisdiction then this permit shall become void and of
no effect.
x c) Other: All other Federal, State and local laws.
a Ordered this 3rd day of October, 1988 .
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*P O� Nolan O'Neal, Chairman
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
MOBILE HOME PARK EXPANSION ( 3 UNITS)
The County Commissioners for New Hanover County having held
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public hearing on October 3 , 1988 to consider application
number S-293 , 10/88 submitted by Marty Kalnen, a request for a
special use permit to use the property located on the North side
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of Lynn Avenue at Park Place Mobile Home Park and having heard
all the evidence and arguments
presented at
the following FINDINGS OF FACT and draws the the hearing,followins
CONCLUSIONS: following
1 . The County Commissioners FIND as a FACT that all of the G
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 asc
submitted and approved.
In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
1. Preliminary analysis by the Environmental section of
the Health Department indicates the area' s soils are
suitable for septic tank purposes. An individual well
will provide water to the site.
2 . The site is located in close proximity to the Castle
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Hayne VFD.
3 . Ingress and egress to Lynn Avenue is
provided
existing interior drive that serves Park Place Mobile
Home Park.
4. The interior drive is designed such that emergency
vehicles can easily enter the park.
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 home
parks are permitted by special use permit
in the RA Rural Agricultural District.
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2 . No space is less than the 5000 square foot minimum
established for mobile home parks.
3 . No space is located in the 100 year flood plain.
4 . Adequate area is available to meet off-street parking.
( 2 parking space units)
5. All minimum exterior setbacks and separation between
units are met.
6. Each space abuts an improved interior road and no space
has direct access to a public street or thoroughfare.
7 . Because the total number of spaces proposed is less
than 26 , no open space is required.
8 . Street lights at the rate of one each 200 feet are
required. None are shown on the site plan.
9. Each mobile home will be anchored according to Building
Code and General Statute 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. Park Place Mobile Home Park is located adjacent to the
proposed expansion area. This park was approved in
April, 1985 , by the County Planning Board three months
before the area was zoned.
2. The existing park originally approved for 12 lots is
occupied only by nine units because of septic tank
limitations.
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.
Residential activity is permitted but density cannot
exceed 2. 5 units per acre.
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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 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 3rd day of October, 1988 .
27-4414/e- Oteet,
Nolan O'Neal, Chairman
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• STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
DWELLING INCIDENTAL TO PRINCIPAL USE
The County Commissioners for New Hanover County having held
a public hearing on November 7 , 1988 to consider application
number S-294 , 11/88 submitted by Emrose Corporation, a request
for a special use permit to use the property located at 425
Eastwood Road, and having heard FINDINGS OF FACT
presented at the hearing, ma kes the following
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:
N A. Water and sewer service is available .
I B. The site is located in the Seagate VFD District.
C. Access is provided directly to Eastwood Road.
3 . It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. The residence will be occupied by a full-time employee
and his or her spouse.
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B. The building is in place.residential area
setbacks
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have been met.
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1 C. An area of open space, unobstructed by any buildings ,
parking or structures, equal to the total floor space
of the dwelling unit is provided. The residence floor
- { space is 900 square feet.
D. The total floor space of the residence ( 900 sq. ft. ) is
not more than 50% of the total area of the floor area
of the principal use ( 36,700 sq. ft. )
E. The proposed residence will be located totally above
the ground floor and would not interrupt the commercial
frontage.
F. Two off-street parking spaces are provided for the
residence.
G. A site plan and building layout has been submitted
concurrently with the application.
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 principal use (Mini Storage) is a permitted use in
the B-2 Zone. The dwelling incidental to the principal
use is a permitted Special Use in the B-2 Zone. The
property is Zoned B-2 .
$. Much of the surrounding area is also zoned B-2 Business.
5 . It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the fourth general requirement listed
in the Ordinance; namely that the location and character of the
use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for New
Hanover County. In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
A. The site is classified Transition. More intense urban
development is encouraged.
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.
2
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 7th day of November, 1988 .
f A11-14,4_0
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, II shis ice, Fre. Retchin, Vice Chairman
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
The County Commissioners for New Hanover County having held
a public hearing on November 7 , 1988 to consider application
number S-295, 11/88 submitted by Carolina Power and Light
Company, a request for a special use permit to use the property
located on the Hinson tract in Ogden, 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 ks a FACT that all of the
specific requirements set forth in Section 72 of the County
Zoning Ordinance will be satisfied if the property is developed
in accordance with the plans submitted to the County
Commissioners. -
2. It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the first general requirement listed in
the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and
developed according to the plan as submitted and approved. In
support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. The proposed facility, a 230 KV electric substation,
will be constructed to applicable National Electrical
Safety Code standards. A seven (7) foot chain link
fence will surround the station.
B. The site is located in the Ogden VFD District.
C. Access to the site is by access easement from US17
(Market Street) .
3 . It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. Electrical substations are permitted by Special use
Permit in the R-15 Residential District. The property
is zoned R-15.
B. A site plan as required has been submitted concurrent
with the application for the permit.
C. No off-street parking would be required.
D. The only signage to be used are those warning of the
electrical equipment inside the fence.
E. Land clearing activity will be in compliance with
Sedimentation and Erosion Control requirements.
F. No special design criteria are listed in the Zoning
Ordinance.
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 petitioner has 9. 5 acres and plans to clear only
18% of the interior. The remaining vegetation on the
perimeter will remain to serve as a buffer from
adjoining properties.
B. The property owner to the north and west is selling the
9. 5 acre site to CP&L.
C. The site is adjacent to an existing 230 KV electric
power distribution line.
5. It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the fourth general requirement listed
in the Ordinance; namely that the location and character of the
use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for New
Hanover County; In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
A. Much of the development in the area is located along
market Street, and it is primarily commercial. There
is a scattering of residential uses nearby. As noted,
the site is adjacent to a 230 KV electric distribution
line.
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.
2
•
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 Federal, State and local laws.
2) To the greatest extent practical, the site
shall be developed in accordance with the site
plan submitted with the application.
Ordered this 7th day of November, 1988.
qr Retchin, Vice Chairman
yI
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3
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
(Commercial Marina (Rental Slips)
The County Commissioners for New Hanover County having held
a public hearing on December 5, 1988 to consider application
number S-296, 12/88 submitted by Reece Robertson, a request for a
special use permit to use the property located at the southeast
corner of Sneeden Drive and Middle Sound 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 72-31 of the County
Zoning Ordinance will be satisfied if the property is developed
in accordance with the plans submitted to the County
Commissioners.
2. It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the first general requirement listed in
the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and
developed according to the plan as submitted and approved. In
support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. No floating structures are proposed for the existing
facility, thereby precluding the need for water and
sewer systems.
B. The facility consisting of seven ( 7 ) slips is already
in place. A major CAMA p*rmit was issued for eight (8 )
to ten ( 10) slips on February 13 , 1986. (Permit
#27-86 )
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. Commercial marinas are permitted by Special Use Permit
in any residential district.
B. The sole purpose of the commercialization of the marina
is to enable the owners to rent the slips. No
commercial activity such as marine equipment sales,
gas, or food is proposed.
t
C. ' One ( 1 ) parking space (off-street) is required per boat
slip. Additionally, landscaping of the parking lot is
required.
D. Night lighting shall be contained on the site. None is
shown on the site plan.
i
E. No dry-storage is proposed.
6. Existing vegetation on the site is adequate to meet
buffering requirements along property lines abutting
residential property.
4 . It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the third general requirement listed in
the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a
public necessity. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. The marina is in place and is immediately adjacent to
Harreleson' s Marina, a larger complex which has been in
operation under a special use permit since the early to
mid 1970 ' s.
5. It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the fourth
Y 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: x
A. Again, the existing marina is immediately adjacent to
Harrelson' s Marina, a much larger, commercially
operated facility.
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.
4
• C. Other: •
1. All other Federal, State and local laws.
2. No marine-related sales, gas, food and beverage sales
shall be permitted.
3 . No boat repair or servicing is permitted.
4. All off-street parking and landscaping shall be
pursuant to approval by County Inspections.
5. Night lighting shall be provided per Section
72-31 .
Ordered this 5th day of December, 1988.
0• &0 Fre• •etchin, Chairman
•
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