Special Use Permit pa
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STATE OF NORTH CAROLINA
,rN tiv COUNTY OF NEW HANOVER
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ORDER GRANTING/A SPECIAL USE PERMIT
GOLF DRIVING RANGE
The County Commissioners for New Hanover County having held
a public hearing on January 7 , 1991 to consider application
number S-327, 12/90 submitted by Alex Trask, a request for a
Special Use Permit to use the property located on the west side
of Blue Clay Road, south of Ivy Wood Subdivision, 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 72-36 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
viov support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
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A. The site has direct access to Blue Clay Road.
B. The site is located in the Wrightsboro VFD.
C. Water and sewer demands for this type of use are
44M, relatively low.
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. Outdoor recreation establishments commercially operated
are permitted by Special Use Permit in the R-20
Residential District. This site is zoned R-20
Residential.
B. Access to the site must be either to a N.C. numbered
highway or to a collector road as designated on the New
Hanover County Thoroughfare Classification Plan. Blue
Clay Road is a designated collector road.
C. One ground sign not to exceed 32 square foot and
setback 25 feet from the right-of-way is permitted.
The height of the sign is ten ( 10) feet and covers 32
square feet. It is set back 25 feet from the
right-of-way.
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D. The site plan also calls for the construction of 90
off-street parking spaces, a 30 ' x 40 ' frame building
for on site sales and services, 40 tee pads and outdoor
lighting for night Cli;f 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
tir public necessity. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
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Cr A. The site, zoned R-20, is practically surrounded by
farmland. Existing residential development nearby
consists of single family detached structures along
Holland Drive to the west and Ivy Wood to the north.
Property on the east side of Blue Clay Road opposite
the subject parcel is zoned I-2 Heavy Industrial and
includes a rail line.
B. Site improvements are minimal: one 1,200 square foot
CV building, 90 off-street parking spaces and a lighted
driving range approximately 350 yards in depth.
5. It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the fourth general requirement listed s
lay in the Ordinance; namely that the location and character of the
`"` use if developed according to the plan as submitted and approved
' ✓4, 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 situated on a farming tract between low
density residential use to the west, moderate density
Coe residential use to the north and heavy industrial
zoning to the east.
6 . Therefore, because the County Commissioners conclude
that all of the general and specific conditions precedent to the
Co issuance of a SPECIAL USE PERMIT have been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE
Cy 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
Co jurisdiction then this permit shall become void and of
no effect.
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C. Other: All other Federal, State and local laws
applicable, and:
1) Add additional pavement width along Blue clay Road
frontage in accordance with NCDOT specifications
and driveway permit.
2) Permit only the use of directional lights on the
site and require all range lights to be turned off
no later than 11: 00 p.m. in the summer months and
10 : 00 p.m. in the winter months. All lighting
must be directed toward the site.
3 ) A planted buffer consisting of pine trees ( six
feet at planting) be placed on the western and
northern edge of the range. Existing vegetation
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on the northeast edge may be used for a buffer
provided it meets the minimum height requirements
established for bufferyards.
4) The proposed accessory building may only be 411, for the sale/lease of golf balls and golf
equipment, including but not limited to clubs,
tees, gloves, etc.
Ordered this 7th day of January, 1991.
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t�:=�'f►`r . Fred Re chin, Chairman
Attest:
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Cl'rk to the Board
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT _ I
COMMERCIAL MARINA AND MARINE LUMBER SALES
The County Commissioners for New Hanover County having held
a public hearing on February 4, 1991, to consider application
number S-328 , 1/91 submitted by Roger S. Nelson, a request for a
Special Use Permit to use the property located at 2103 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
p y 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 marina, consisting of 16 boat slips, boat repairs,
and storage, has existed on this site since the 1940 ' s.
A marine hardwood lumber sales operation was started on
the site after the initial zoning was established in
1970. It should be noted that shellfishing waters are
typically closed to harvesting around all marina
facilities because of poor water quality.
B. This site has direct access to Middle Sound Loop Road.
C. The site is located within the Ogden VFD District.
3. It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. Commercial marinas and related accessory uses are
permitted by Special Use Permit in the R-20S
Residential Classification. This property is zoned
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R-20S.
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B. A total of 31 off-street parking spaces are illustrated
on the site plan. This exceeds the minimum number
required for 16 boat slips.
C. No night lighting is shown on the plan, nor are any
bufferyards.
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. Special use permits have previously been issued for
commercial marinas located north of and southeast of
this property.
B. Adjoining property owners did not voice any objection
to the facility and its accessory uses.
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:
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A. The site is located adjacent to a canal and boat
channel. Commercial marina activities have been
conducted on this site since the 1940 ' s.
B. Other commercial marina facilities are located nearby.
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 Federal, State and local laws
applicable.
2) A. Existing non-conforming uses may not be
expanded.
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B. Bufferyards must be established along
adjoining residential property boundaries as
outlined in Section 67 of the Zoning
Ordinance.
C. The total number of boat slips may not exceed
16. (Six slips are covered and ten are
uncovered. )
D. A sign, not to exceed 6 square feet will be
permitted.
E. The parking lot must comply with off-street
parking landscaping requirements, and it
shall not be paved.
F. Marine repairs and incidental business
activities may not be conducted after
9: 00 p.m.
G. A marine hardwood sales facility will be
permitted, provided the building housing this
operation does not exceed 240 square feet ( 20
ft. x 12 ft. ) . Outside storage associated
with this sales facility will also be
permitted, provided it is limited to an area
not to exceed 20 ft. x 50 ft.
H. If night lighting is to be utilized, then
only directional lighting will be allowed.
Ordered this 4th da .f February, 1991.
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'� � •' Fred Retchin, Chairman
Attest:
44 SW el
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C1-rk to the Board
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A MOBILE HOME SPECIAL USE PERMIT
The County Commissioners for New Hanover County having held
a public hearing on March 4, 1991 to consider application number
$-330; 3/91 submitted by Frank Rivenbark, a request for a Special
Use Permit to use the property located at the corner of Angus
Drive and Chair 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 proposed mobile home would be located on a 16.7
acre farm tract.
B. The unit would be serviced by an on-site well and
septic tank.
C. The site has access to Chair Road and Angus Drive.
D. This property is located within the Wrightsboro VFD
District.
3. It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. Mobile homes are permitted by Special Use Permit in the
R-20 Residential District. This property is zoned
R-20.
B. The minimum required lot size is 20 , 000 square feet.
The applicant' s site is 16. 7 acres and the unit will be
located on a half acre portion of the site devoted to
that use.
C. The lot configuragion easily permits compliance with
the required setbacks.
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 other mobile homes located in the general
vicinity.
B. Lands to the west consist primarily of large
undeveloped acreage tracts.
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 area is generally rural in nature. Housing
consists primarily of single-family structures and
mobile homes on lots exceeding one-half 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 as
applicable.
Ordered this 4th day of March, 1991 .
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F =• Retchin, Chairman
Attest: 01
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Cl k to the Board
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
1 Marine Research and Education Facilities
The County Commissioners for New Hanover County having held
a public hearing on April 1 , 1991 to consider application number
S-329, 3/91 submitted by the University of North Carolina at
} Wilmington, a request for a Special Use Permit to use the
property located on the east side of Masonboro Loop Road, and
having heard all the evidence and arguments presented at . the
hearing, makes the following FINDINGS OF FACT and draws the
1 following CONCLUSIONS:
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1. The County Commissioners FIND as a FACT that all of the
specific requirements set forth in Section 72 of the County
1 Zoning Ordinance will be satisfied if the property is developed
I in accordance with the plans submitted to the County
Commissioners . 1
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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 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
a FINDINGS OF FACT:
A. Minimal site clearing is proposed and the proportion of
paving for drives and of new buildings to the overall
tract acreage is very low. _
B. Water and sewer services are likely to be provided from
off-site sources . Sewer may be supplemented by an
on-site treatment plant if necessary.
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C. This site has direct access to Masonboro Loop Road.
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D. This site is located within the Myrtle Grove VFD
District.
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3 . It is the County Commissioners ' CONCLUSION that the
4 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:
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A. The proposed Marine Research and Education Facility
will be operated by the University of North Carolina at
Wilington' s Center for Marine Science Research.
Colleges, Universities and related uses are permitted
by Special Use Permit in the R-15 Residential District.
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B. Approximately 18 , 125 cumulative square feet of
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construction (buildings) is proposed. This would .
consist of a three-winged main building ( 7 , 500 square t
4 feet) , an ocean support building ( 5 , 625 square feet) a (
shellfish sanitation building ( 2 , 500 square feet) and a
meteorology building ( 2 , 500 square feet) .
C. An area of street parking is indicated on the site plan
around the main building (Bldg. A) . The number of
Ispaces is not specified. No parking areas are shown
around buildings C, D, and E. More detailed parking
3 and landscaping plans will be needed. -
4 . It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the third general requirement listed in
x the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a
1 public necessity. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
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A. Land bordering on the north is vacant. This land is g
owned by the N.C. Lutheran Retirement Center. Land to
the south is either vacant or developed at a very low
residential density. Further south is a large tract f
that is used for residential purposes and the growth
and sale of Christmas trees .
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B. Significant residential development is located to the
west across Masonboro Loop Road. t
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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 (
I will be in harmony with the area in which it is to be located and L
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 proposed development would consist of 18 ,000+
s square feet on fifty acres.
B. The site plan indicates that significant natural area
would remain undisturbed.
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 f
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
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proposed use, as well as any additional conditions
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hereinafter stated.
B. If any of the. conditions imposed by this special use
permit shall be held invalid beyond the authority of - f
this Board of Commissioners by a court of competent
jurisdiction then this permit shall become void and of
no effect.
C. Other: 1
'; 1 . All other Federal, State and local laws
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applicable.
2 . On-site signage be limited to one ground sign not
to exceed six feet in height and 32 square feet in ='
area.
'1 3 . Setbacks mandated for O-I uses as specified in
Section 69-11 be applied. k
t Ordered this 1st day of April, 1991.
4 Fr d Retchin, airman
Attest:
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ADDENDUM • 1
S-211 , 8/83
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1 1 . Increase site acreage to 50 acres (was 41 . 40 )
2 . Reduce living units to 235 (was 252 )
3. Reduce site density to 4 . 8 (was 6. 09 )
4 . Increase site coverage as follows :
A. Structures: 223 , 484SF (original 142, 190SF)
B. Parking/walks: 302 , 342SF (original 238 , 400SF)
C. Open Space: 1 , 652 , 174 (original 1, 422, 848SF)
x 5. Permit enlargement of auditorium at Commons Bulding
4 6. Elimination of on-site health center, replace with
contractual service arrangement with Davis Health Care
s Center located next door.
7. Water system to connect to Cornelius Nixon Davis Nursing
Home with option of on-site community system.
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Ordered this 1st day of April, 1991 .
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s llik.....'w. ,..",
- Fre Retc in, Chairman
Attest: W.f,+_+`���. '�• t
1 01.cx; V/d-2-1--k t
Clerk to the Board
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STATE OF NORTH CAROLINA 1
COUNTY OF NEW HANOVER
ORDER GRANTING/A SPECIAL USE PERMIT 1
IN A CONDITIONAL USE ZONING DISTRICT
Woodworking Shop
The County Commissioners for New Hanover County having held
1 a public hearing on April 1 , 1991 to consider application number
Z-433 submitted by George Miars, a request for a Special Use
1 Permit in a Conditional Use Zoning District to use the property
I located at 1726 North Kerr Ave. , and having heard all the
evidence and arguments presented at the hearing, makes the
following FINDINGS OF FACT and draws the following CONCLUSIONS:
";1 1 . The County Commissioners FIND as a FACT that all of the
specific requirements set forth in Section 71-1( 3 ) and 72- as
applicable 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 1
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:
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A. The use would be housed in an existing non-residential
structure. Woodworking activity is conducted there
now.
B. An existing well and septic tank will serve the
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facility.
3 . It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required
conditions and specifications . In support pport of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
3 A. The proposed use is permitted by right in the AI
Airport Industrial District.
4 . It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the third general requirement listed in
1 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 use will be located in a pre-existing
non-residential structure. 1
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A . B. ' The site is located adjacent to the• New Hanover County
I International Airport.
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
t Hanover County. In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
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1 A. As noted, the facility will be housed in a pre-existing
non-residential building. It has been on the site
since June, 1976 .
n 6. Therefore, because the County Commissioners conclude
that all of the general and specific conditions precedent to the 1
issuance of a SPECIAL USE PERMIT have been satisfied, IT IS 4
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 1
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 1
this Board of Commissioners by a court of competent
jurisdiction then this permit shall become void and of
no effect.
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C. Other:
1 . All other Federal, State and local laws t
applicable.
2 . Additional conditions :
- Bufferyard requirements of Section 67 be t
applied.
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j - Signage not affixed to the principal structure
be limited to ground signs .
- Noise levels not exceed the levels now generated
by the power equipment in use.
- All materials and equipment by stored inside the
buildings.
- Test wells be provided to determine water
1 quality adjacent to existing underground storage
tanks .
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Ordered this 1st day of April, 1991 . F
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• ' r'��',� ' f F d Retchin, Chairman
Attest: ., "? , I
AL/ ;/_i s. tt .
Clark to the Board
Affirmation this /.Qt day of April, 1991 .
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
IN A CONDITIONAL USE ZONING DISTRICT
DRIVEWAY AND OFF-STREET PARKING
The County Commissioners for New Hanover County having held
a public hearing on April 1 , 1991 to consider application number 1
1 Z-430 , 2/91 ; CD(O_I ) from R-15 submitted by Cape Fear Hospital, a
request for a Special Use Permit to use the property located on
Wrightsville Avenue, 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
1 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
the Ordinance; namely that the use will not materially endanger
1 the public health or safety if located where proposed and
developed according to the plan as submitted and approved. In
x support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
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A. The proposed construction consists only of landscaping
and paving. No structures are planned for this portion
of this 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,
1 the Commissioners make the following FINDINGS OF FACT:
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A. The driveway and parking lot are incidental uses to
permitted uses in the 0-I District.
B. Setbacks and buffering on the site exceed minimum
requirements .
4 . It is the County Commissioners ' CONCLUSION that the 1
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:
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A. Planned buffering and fencing provides visual and noise
relief to adjacent property owners.
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B. Approved limits on the new driveway' s use provide
additional relief by lessening traffic after hours . .
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5. It is the County Commissioners ' CONCLUSION that the
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proposed use does satisfy the fourth general requirement listed
in the Ordinance; namely that the location and character of the 1
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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
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1 1 A. The proposed uses of this land are accessory to the 1
existing Cape Fear Hospital. The hospital is also 1
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1 undergoing significant expansion next to the new
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, parking lot and driveway.
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1 6. Therefore, because the County Commissioners conclude
1 that all of the general and specific conditions precedent to .the .
i issuance of a SPECIAL USE PERMIT have been satisfied, IT IS
i ORDERED that the application for the issuance of a SPECIAL USE
1
1 PERMIT be GRANTED, subject to the following conditions:
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A. That the applicant shall fully comply with all of the
i specific requirements stated in the ordinance for the
proposed use, as well as any additional conditions
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- hereinafter stated.
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B. If any of the conditions imposed by this special use 1
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j permit shall be held invalid beyond the authority of 1
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i this Board of Commissioners by a court of competent i
1 jurisdiction then this permit shall become void and of i
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no effect.
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C. Other:
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i 1 . All other Federal, State and local laws
1 applicable. I
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i 2 . Additional Conditions :
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, - Restrict use of driveway after hours to
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1 emergency vehicles only.
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i - Allow adjoining property owner McNeil the option
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i of determining what type of fencing material (wood
i or masonry) should be used to screen his property i
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. from the parking lot and driveway.
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7 - Providing a vegetative screen for the Edwin
j Smith property to reduce the effects of headlights
1 on his home from cars exiting the site.
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( - Using "down lighting" not to exceed 15 feet in
I height for illuminating the drive and parking lot. 1
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Ordere. 1"7-17,, t day of April, 1991 .
y
i . . * 4 *A4f7)41 *0.de!kl
t fir% Fre Retchin, Chairman
�� IY 00TS•t r0A
m ous TA•
Attest: p�.Ho N pQP
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a /...._ __i[...fi`
C 1-rk to the Board
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Affirmation this_day of April, 1991.
Applicant
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
a ORDER GRANTING/A SPECIAL USE PERMIT
a CHILD DAY CARE
f
The County Commissioners for New Hanover County having held
I a public hearing on July 1, 1991 to consider application number
S-333 , 6/91 submitted by Crystal Kelly, a request for a Special
Use Permit to use the property located at 4825 Stillwell Road,
and having heard all the evidence and arguments presented at the
hearing, makes the following FINDINGS OF FACT and draws the
following CONCLUSIONS:
I 1. The County Commissioners FIND as a FACT that all of the
specific requirements set forth in Section 72-20 of the County
I Zoning Ordinance will be satisfied if the property is developed
in accordance with the plans submitted to the County
Commissioners.
I
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
k FINDINGS OF FACT:
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A. The property has direct access to Stillwell Road, a
public street. .
B. An additional bathroom facility will be installed for
I use by day care patrons. (See site plan. ) Also a new
kitchen sink with a handwash basin will be installed.
1 C. The property is located in the Myrtle Grove VFD
3
district.
D. The applicant will be licensed for up to eleven I
children. No significant increase in local traffic is
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expected.
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
j conditions and specifications. In support of this conclusion,
1 the Commissioners make the following FINDINGS OF FACT: 1
1 A. Off-street parking must be provided at the ratio of one
space per employee, plus for four ( 4 ) spaces for off
street drive-in and pick up. (Note: Although adequate
area is available to meet this requirement, this item
is not detailed on the site plan.)
B. The site is equipped with a driveway that provides I
access directly to a public street and would allow exit
from the facility without backing onto the street.
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1 C. The outside play area will be located to the rear of
1 the house and enclosed by a fence four ( 4) feet in
,
i height.
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! D. At this time, the applicant does not propose to erect a
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i sign identifying the facility. The maximum squaie
1 footage for a sign is two ( 2) square feet.
1 i
E. In addition to the local zoning requirements, the 1
1 applicant will have to comply with design guidelines of
i the Health and Inspections Department and the Fire
i Marshall. Also, the applicant will have to meet design
1 guidelines established by the State Day Care Licensing
,
I Board.
I
1 4. It is the County Commissioners ' CONCLUSION that the
i proposed use does satisfy the third general requirement listed in 1
i the Ordinance; namely that the use will not substantially injure 1
1
1 the value of adjoining or abutting property, or that the use is a
public necessity. In support of this conclusion, the
1 Commissioners make the following FINDINGS OF FACT:
1
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i A. The applicant is presently registered with the State as
i a day care provider. Some day care operations have
1
, been conducted on this site without any record of
1
complaint.
1
i 2. The lot' s outer fencing consists of an eight (8 ) foot high
, privacy fence.
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5. It is the County Commissioners ' CONCLUSION that the
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, proposed use does satisfy the fourth general requirement listed
1
1 in the Ordinance; namely that the location and character of the
i use if developed according to the plan as submitted and approved
i I
will be in harmony with the area in which it is to be located and 1
1 in general conformity with the plan of development for New I
1
1 Hanover County. In support of this conclusion, the Commissioners
1
i make the following FINDINGS OF FACT:
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A. No external renovations, alterations or additions are
I planned for the house.
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i 6. Therefore, because the County Commissioners conclude
1
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1 that all of the general and specific conditions precedent to the
'
, issuance of a SPECIAL USE PERMIT have been satisfied, IT IS
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ORDERED that the application for the issuance of a SPECIAL USE
I PERMIT be GRANTED, subject to the following conditions:
I
1 A. That the applicant shall fully comply with all of the ,
1 specific requirements stated in the ordinance for the
Iproposed use, as well as any additional conditions
hereinafter stated.
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, 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.
1
C. Other: All other Federal, State and local laws
applicable.
1
Ordered this 1st day of July, 1991 .
1
b 011111 c04, 1/ /
ka�, " r Fred Retchin, Chairman
Attest: :,4 6:s
, r
Cl rk to the Board
i 1/426CUAk.:°64piely
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! STATE OF NORTH CAROLINA
4
BEFORE THE BOARD OF
,
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, COUNTY COMMISSIONERS
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i COUNTY OF NEW HANOVER
1
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In the Matter of Closing ORDER
, An Unnamed Road
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i It appearing to the Board of County Commissioners of New
1 Hanover County that a Resolution of Intent to close an unnamed
,
i road was adopted by the County Commissioners on the 3rd day of
3 June, 1991 and it further appearing that said resolution called
1 for a hearing to be held on the 1st day of July, 1991, at which
,
! time the County Commissioners would hear complaints and comments
I of interested persons, and it further appearing that notice of
i said hearing was published in the Wilmington Star News Newspaper
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in accordance with the Road Closing Ordinance of New Hanover
i
f County, and after conducting such hearing the County
1 Commissioners are of the opinion that a portion of an unnamed
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i road in the County of New Hanover should be closed and are
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i satisfied that the closing of same is not contrary to the public
interest, and that no individual owning property in the vicinity
1 of the roads will be deprived of reasonable means of ingress and
1
egress to his property by such closing, the legal description of
I said road being as follows:
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1 Beginning at a point in the eastern line of Castle
! Hayne Road (also known as U.S. Highway #117 and
f formerly known as N.C. State Highway No. 40) , said
,
i beginning point being the northwest corner of Lot 9,
1
i Block 1, Hanover Gardens Subdivision, as the same is
, shown on a map recorded in Book 173 , at page 514 of the
,
i New Hanover County, North Carolina Registry; running
thence from said beginning point along the eastern line
1 of Castle Hayne Road north 30 degrees 33 minutes east
, 50 feet to the southwest corner of Lot 1, Block 2,
1
i Hanover Gardens Subdivision; running thence south 59
i degrees 27 minutes east 225. 0 feet along the southern
1
line of said Lot 1, Block 2, Hanover Gardens
i
1 Subdivision to its southeast corner; running thence
,
1 south 30 degrees 33 minutes west 50 feet to the
i northeast corner of Lot 9, Block 1, Hanover Gardens
1 Subdivision; running thence along the northern line of 1
, Lot 9, Block 1, Hanover Gardens Subdivision north 59
i
i degrees 27 minutes west 225 feet to the point of
i beginning; the same being all that real property lying
,
,
, between Lot 9, Block 1 and Lot 1, Block 2, Hanover
1 Gardens Subdivision as shown on the map above mentioned
1
' and designated on said map as "Drive" .
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:
, NOW, THEREFORE, IT IS ORDERED AND DECREED that the above
,
,
. described road be and the same is hereby closed. It is further
,
ORDERED that a copy of this order be filed in the Office of the
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Register of Deeds of New Hanover County, North Carolina.
Adopted this the 1st day of July, 1991.
ER% ,.
to, Fre Retchin, Chairman
Attest:
a All )
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IN:Yft�• ,;
C erk to the Board NORt��
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER DENYING A SPECIAL USE PERMIT
MOBILE HOME PARK
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The County Commissioners for New Hanover County having held
a public hearing on July 1, 1991 to consider application number
S-316, 5/91; 5/91 submitted by Jack Moore, a request for a
Special Use Permit to use the property located at the southern
end of Clewis Avenue, and having heard all the evidence and
arguments presented at the hearing, makes the following FINDINGS
1 OF FACT and draws the following CONCLUSIONS:
1
1. The County Commissioners FIND as a FACT that all of the
specific requirements set forth in Section 72 of the County
1 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 first general requirement
listed in the Ordinance; namely that the use will not materially
endanger the public health or safety if located where proposed
1 and developed according to the plan as submitted and approved.
In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
I I
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A. The 20 ft. access way is inadequate and too narrow to
r accommodate traffic generated by 49 units. Also this single
I access is insufficient to provide emergency service access
such as police and fire protection.
3 . 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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I Ordered this 1st day of July, 1991.
1
i A TII■CO& ' ("e..1%af42-
i� ` �%,'`�* Fred Retchin, Chairman
Att st: it ''. '1
jy /
1 14401".„,,,,,,„t roelG
C erk to the Board t
G0-NORoc,
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i )/4Z tav,(.., .4.9 pl. /. /ff,
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1 STATE OF NORTH CAROLINA
1 COUNTY OF NEW HANOVER
i
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i
I ORDER GRANTING A SPECIAL USE PERMIT .
, TWO DUPLEXES
1 i
1 The County Commissioners for New Hanover County having held
a public hearing on July 1, 1991 to consider application number
i S-332, 5/91 submitted by Robert Simmons, a request for a Special
Use Permit to use the property located on the west side of Old
1 Avenue, and having heard all the evidence and arguments presented
at the hearing, makes the following FINDINGS OF FACT and draws
i
the following CONCLUSIONS:
;
1. The County Commissioners FIND as a FACT that all of the
1 specific requirements set forth in Section 72 of the County
i Zoning Ordinance will be satisfied if the property is developed
1 in accordance with the plans submitted to the County
Commissioners.
i
1 2. It is the County Commissioners ' CONCLUSION that the
, proposed use does satisfy the first general requirement listed in
i the Ordinance; namely that the use will not materially endanger
1 the public health or safety if located where proposed and
1
I developed according to the plan as submitted and approved. In
,
support of this conclusion, the Commissioners make the following
'
i FINDINGS OF FACT:
,
j A. The property has access to Parmele Road via an un-named
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1 private driveway; though not used for access, the
1 property also fronts on Old Avenue.
) B. The site is located within the Castle Hayne VFD
1 District.
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) 3 . It is the County Commissioners' CONCLUSION that the
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i proposed use does satisfy the second general requirement listed
,
i in the Ordinance; namely that the use meets all required
1 conditions and specifications. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
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, A. The applicant has designated two ( 2) lots, exceeding
,
1 35,000 square feet in area for the development of the
1 two ( 2 ) duplexes. The minimum lot size for a duplex in
i an R-20 Residential District is 35,000 square feet. 1
1 B. All required front, side and rear yard setbacks can
, easily be accommodated by these lot arrangements.
,
i C. All units will have access to an existing private
i drive, which connects to Parmele Road.
,
D. Off-street parking at two spaces per unit is provided. 1
1
1 1
. 4. It is the County Commissioners ' CONCLUSION that the
1
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t 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
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public necessity. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. The proposed units would be developed adjacent to six
(6) existing duplex units.
B. The petitioner owns much of the land surrounding .the
sites selected for construction.
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. As noted, the duplex units would be developed in
conjunction with six ( 6) existing duplex units and
consistent with that pattern of development.
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
applicable.
Ordered this 1st day of July, 1991.
i er lots), 6,;;5-:6k1IIL
it `I * Fred Retchin, Chairman
Attest:
*(01: - _ t
Cl rk to\-/----X/4
the Board NOR1
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STATE OF NORTH CAROLINA -
COUNTY OF NEW HANOVER
ORDER DENYING A SPECIAL USE PERMIT
Family Cemetery
A
The County Commissioners for New Hanover County having held
Cor a public hearing on September 3 , 1991 to consider application
number S-335, 8/91 submitted by William Bordeaux, a request for
a Special Use Permit to use the property located at 6818 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 72-2 of the County
Zoning Ordinance will not be satisfied if the property is
developed in accordance with the plans submitted to the County
Commissioners.
I:
2. It is the County Commissioners' CONCLUSION that the
proposed use 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:
Coo 3 . It is the County Commissioners ' CONCLUSION that the
proposed use 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:
A. The access road on the site plan could not be improved
Co, as illustrated.
B. The number of graves and subsequent funeral operations
conducted on the site is excessive.
C. The site' s limited access over backyards and home-sites
Cov would create hardships on neighboring properties.
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:
A. The proposed cemetary would devalue adjoining
residential properties because the cemeteries presence
rw would reduce the attractiveness of the area for
continued residential use.
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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
try 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
fir Commissioners make the following FINDINGS OF FACT:
A. The development of a cemetery with the burial of family
members outside the general neighborhood and community
tor would not be compatible or harmonious with the area.
fig 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:
tro
Ordered this 3rd day of September, 1991.
40!
/ ' /?d21...5 .
to Fre. Retchin, Chairman
Attest:
i„_ • /..,..
C -rk to the Board
C
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Cr illy