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HomeMy WebLinkAboutSpecial Use Permits 1988 s 4 _ t 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. ) i 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 i f . i f • C 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 0 E * Q Y 2 or+irr OV ' Nor( 1 • , 1 • s COUNTY OF NEW HANOVER I, STATE OF NORTH CAROLINA 1 I 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 • 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. E 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. k • 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 • 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. i 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: 1 1. There are mobile homes on adjacent properties and they are ) • prevalent throughout the general Castle Hayne area. °"s • I i z i • 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 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. ) Ordered this 9th day of March , 1986 l LL-'ectti'1 2ZI"et' • Chairman • • • 1 • • • • 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. • Ordered this 4th day of April, 1988. , za....... . Jo M. Do an, C) 11 "rM---- airman N�14 k3OVER �•''�i�i i / Ilhilitij 4 M M 4 :{ A • 4 , I i f Y P E { Y - 2 1 4 STATE OF NORTH CAROLINA 11:1111i:: 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. a f 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: I 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. 1 3 . It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 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 E f tf _ o ` t 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. 4,00,0t 1111/Its% 4.?"./fes-'Cirt-■"....../ ' a�NOVER co�.,�� C airman ': • •••.••••••.• 6,_ :„.. 4!/ •• + • f1 N9�.y. �'�0 • .y : * : t '' ” qo •. �•.b �0 ••....... P . •'••, NTH CARD\-\...,. { 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. { 3 fi ' A 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. f i 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 { 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 i, • Aro�t' M i P 4 F ORO } 2 E £ { } � t 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 4 1 i A 4 j' 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 • 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: 1 a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of 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 . i 1 Ai ; t'!,11V )7161.4kt ti7lieti *P O� Nolan O'Neal, Chairman i 4, , 4)01 h 1 Ow v. ,, 2 ? : n I 1M ImitF ,q,7°' , 4 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 f 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 • 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 f 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. } 6 4 F 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. A r 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 1 �� '. co.B • moviim NORVA% 7 , . • 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. 1 will B. The building is in place.residential area setbacks s be converted in to a have been met. 1 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 avg , II shis ice, Fre. Retchin, Vice Chairman 3 / i .1■Pwwwww, , 1 • SPECIAL USE PERMIT 1 , 1 Residence Incidental fo 6/88 • SI; the Principal Use S- 294 11/88 ill , 1 ' yil Scale' 1'1=400' , st 1 , , , , , R15 e t 1 III 101 ,,t ,,it i 1 1.1/4), t 1 I ii' 1 1 1 k■ . /1/4 ''' .te t it ' .,411 l4Ih , 1 111111°° • , 4, ,- ' 4'4 Si. //// , ,..--- /I 4/4 ii, IPP4 i . 0 , 44/ 4 ; ib4 0 ,0,,, „ 0 , , t' . i , '4.. € I/4/ • ■ t 2:2, ul C) IlD . * //// . OW\\,`„ \S' 0 0• / , 1 6 1 / ■NO",,,,, ,‘' .z. ' ilogelffrG6, iiAM It Alb, 44,iif I i - " I i• / i / r •'; A 6/88 " ®467 OA, ' 1 Aii00 %# 11 4. wo i 1 4 ki • , .' iert. 41 114 WI kilt RV 4$■■ /- liiI1 # 44.7 41* /447_,I4L,m, ,,,s444„ IV ti.fr oc $ , icity.4_43p , '## 111g# Alritir-i-Ay, .2:--. 4y/4-67/ . : . FE# 1 = , 1 ' 0 --, 15.... NEF 4111i1Mlill MARNE ; WM Mir ' . „ , Nir my Nig FA* ft.ft k,i .4 . i ////, , , , 1 4%, t 4e ‘e-3.47 • - 1 .c,-)rft4 (:, t: , IA et ...,..,,tr. c, . t / \ itpior,.. Z , .. i t R15 . 4* 4.0, II .--7 i , . a ; e -a.-;■,_ ' , , wfmffigite I ; , I T 1.maw PROPERTIES , . 2_WHITEBROOK FARMS INC. 3.RAIFORD TRASK i .„44 , , 4.*CHARLES PAUL . 5. JAMES DIXON ' ft 6. EVELYN JOHNSON 1,114 " . a* IV --\ , , N . • , ' i 1 0 . , , / 0 /4 0 . iirft li,1■111* . . . . . • , • 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 { 3 J 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 • 1 i i. or f1 • / • wtheem 115,, NO VA L