HomeMy WebLinkAboutSpecial Use Permit ,'rr
SUP Book Y Page 5`�'
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
1 Mobile Home in an RA, Rural Agricultural Zoning District
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S-624(1/15)
The County Commissioners for New Hanover County, having held a public hearing on January
20, 2015 to consider application number S-624, submitted by Carl Resanovich & Carol Leavitt to
place a Single-Wide Mobile Home at 6519 Sycamore Avenue in Castle Hayne, and having heard
all of the evidence and arguments presented at the hearing, make the following FINDINGS OF
FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed
in accordance with the plans and findings submitted to the County Commissioners and
I attached as part of this special use permit.
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2. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
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A. That the applicant shall fully comply with all of the specific requirements stated in
Section 71 of the Ordinance for the proposed use, as well as the proposed and approved
site plan, and all other state or federal requirements.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and
3 void if construction or occupancy has not commenced within 24 months of the date of
1 this approval.
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G C. If any of the conditions imposed by this special use permit shall be held invalid beyond
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the authority of this Board of Commissioners by a court of competent jurisdiction, then
this permit shall become void and of no effect.
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Ordered this 20th day of January, 2015. ;r�, /
+�. /„
o�N 1Y onatha, :arfi�� •, Jr., Chairman
o� % Attest:
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71 ' 4.14.14-e-c1 E-01,%4-e-t-t___
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i i i� . a� Teresa Elmore, Clerk to the Board
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Findings of Fact:
# (In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
1 safety where proposed and developed according to the plan as submitted and approved. ,
A. Water and wastewater services (well & septic) for the proposed use have been
approved by the Health Department.
B. The subject property is located in the New Hanover County North Fire Service District. 1
C. Access to the site will be provided by a 24' wide right-of-way.
D. The subject site does not host any known cultural or archaeological resources.
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Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Single-wide mobile homes are allowed by Special Use Permit in the RA zoning district.
B. The site and proposed location of the mobile home complies with the dimensional
requirements of the RA zoning district as listed in Section 51.3-2.
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Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The location of the proposed mobile home is in an area consisting of single-family
residential uses including mobile homes.
B. Riverside Mobile Home Park is directly east of the proposed mobile home location with
approximately six single-wide mobile homes.
C. No evidence has been submitted that this project will decrease the property values of
1 adjacent or nearby properties.
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Finding 4: The Board must find 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.
A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the area I I
I proposed for the mobile home as Community, and the proposal is not in conflict with 1
the intent of the Community land use classification, and additionally, not in conflict with
any other policy of the 2006 CAMA Land Use Plan.
B. Section E: Housing, of the 2006 CAMA Land Use Plan recognizes a documented need for
affordable housing.
C. The proposed mobile home is in general conformance with the 2008 Castle Hayne
Community Plan.
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SUP
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ICOUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
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ORDER TO DENY A SPECIAL USE PERMIT
I Telecommunications Tower in an R-15 Residential Zoning District
S-623 (11/14)
The County Commissioners for New Hanover County having held a public hearing on March 2,
2015 to consider application number 5-623 submitted by Hellman, Yates, and Tisdale, PA on
behalf of the applicant, Branch Communications and property owner, Angela W. Steele, to
develop a telecommunications tower at 6516 Murrayville Road, and having heard all of the
evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and
draw the following CONCLUSIONS:
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1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 of the County Zoning Ordinance WILL NOT be satisfied if the property is
developed in accordance with the plans and findings submitted to the County
Commissioners and attached as part of this special use permit.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first
general requirement listed in the Ordinance; namely the requirement 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.
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3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
second general requirement listed in the Ordinance; namely that the use meets all required
conditions and specifications
1 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.
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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
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
I development for New Hanover county. In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
A. The proposed telecommunications tower would be much higher than the tallest
trees in the area and four times higher than all other structures in the area.
B. The placement of a 150' tall telecommunications tower in the middle of the R-15
4 residential zone would create visual disharmony for the residents of the area.
C. Locating a telecommunications tower in another location in the area would create
less visual disharmony to area residents.
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6. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a special use permit HAVE NOT been satisfied, IT IS
ORDERED that the application for the issuance of a special use permit be DENIED.
Ordered this 2nd day of March, 2015.
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GQUNTY.,_ J• athan Bad' d,1 ., :irman
0 ii Attest:
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i" lt^ .1' Teresa Elmore Clerk to the Board
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s SUP Book;Page 5‘.J
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1 COUNTY OF NEW HANOVER 1
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
IMixed Use Development on a 37.9 acre parcel located at the 100 block of Porters Neck
Road
1 S-617 (1/14)
li The County Commissioners' held a public hearing on June 2, 2014 to consider
application number S-617 submitted by ACI-Pine Ridge, LLC to develop a mixed use
development at the 100 block of Porters Neck Road. Based upon the Board of County
Commissioners hearing held on June 2, 2014 and the Order of Superior Court Judge W. Douglas
Parsons dated February 26, 2015,the Board hereby grants the applicant's request for a special
use permit. In doing so the Board makes the following FINDINGS OF FACT and renders the
s following CONCLUSIONS:
1. The Board finds pursuant to Judge Parsons' Order that the proposed use does satisfy the
first general requirement of the Ordinance namely the requirement 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. Judge Parsons' determined that the
IBoard of Commissioners' finding of fact regarding this requirement of the Board was not
i based upon competent,material or substantial evidence in the record.
2. The Board finds pursuant to Judge Parsons' Order that the proposed use does satisfy the
second general requirement of the Ordinance; namely that the use meets all required !,
1 conditions and specifications. Judge Parsons' determined that the Board of County
Commissioners' finding of fact regarding this requirement was not based upon
1 competent, material and substantial evidence in the record.
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3. The Board finds that the proposed use does satisfy the third general requirement of the
i Ordinance; namely that the use will not substantially injure the value of adjoining or
abutting property.
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4. The Board finds that the proposed use does satisfy the fourth general requirement of 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 in New Hanover County.
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5. Therefore,pursuant to these findings the Board of County Commissioners conclude that
the specific and general requirements necessary for the issuance of a special use permit
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have been satisfied and it is HEREBY ORDERED that the application for the special use
permit be GRANTED and it is hereby issued.
Ordered this the / Xk day of March, 2015.
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Jona an Bar ie 4, Ch ' man
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Attest:
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(-- 1.1414....cf fa-v-1.__0-1....t.._
Teresa Elmore, Clerk to the Board
4/'l.j A / 'r . - o I -�
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SUP Book. Page ,�0�,
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
1 Indoor Recreation use in an AI, Airport Industrial,Zoning District
5-626 (3/15)
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The County Commissioners for New Hanover County, having held a public hearing on April 6,
1 2015 to consider application number S-626, submitted by Darek Huckbody on behalf of New
Hanover County to operate an indoor recreation use in an existing 20,600 square foot building
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I located at 1817 Hall Drive, and having heard all of the evidence and arguments presented at
j the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
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1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed
. in accordance with the plans and findings submitted to the County Commissioners and
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attached as part of this special use permit.
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2. 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
1 subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in
Section 71 of the Ordinance for the proposed use, as well as the proposed and approved
1 site plan, and all other state or federal requirements.
B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and
void if construction or occupancy has not commenced within 24 months of the date of
this approval.
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C. 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
1 this permit shall become void and of no effect.
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1 D. Additional Condition:
1. Prior to any initiation or expansion of an indoor recreation use, a zoning review must
be conducted to ensure compliance with any applicable regulations in existence at
that time.
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Ordered this 6th day of April, 2015.
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cot)N7 y; o athan B.Zield r., Chairman
o �._$ . n Attest:
I3 /\O, o ��C..1/E14A.J tfilisvt--Irt-L-
i ,1 141 aZ Teresa Elmore, Clerk to the Board
'Mt isiaol f
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Date
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Findings of Fact:
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. The subject property is located in the New Hanover County North Fire Service District.
B. The subject site does not host any known cultural or archaeological resources.
C. The use will comply with the use restrictions stated in the Wilmington International
Airport Height Restriction Ordinance; specifically it should not endanger or interfere
with the landing,takeoff, or maneuvering of aircraft intending to use the airport.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Indoor recreation uses are allowed by Special Use Permit in the Al zoning district.
B. Section 72-36(1) requires indoor recreation uses have adequate buffers provided which
screen adjoining residential uses from the effects of light and noise generated on the
site. The closest residential property is approximately 1,750 feet away from the
proposed use. The proposed use is also indoors and will not increase the amount of
light or noise generated on the site.
C. Section 72-36(2) requires indoor recreation uses have all buildings set back from the
right-of-way at least 50 feet and 100 feet if the site is in the Special Highway Overlay
District. The existing building is set back 50 feet from the Hall Drive right-of-way and 79
feet from the Trask Drive right-of-way. The site is not in the Special Highway Overlay
District.
D. Section 72-36(3) requires indoor recreation uses be limited to one ground sign not to
exceed 32 square feet and be setback from the right-of-way at least 25 feet. Any
proposed signage must obtain a sign permit and comply with this standard.
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{ E. Section 72-36(4) requires indoor recreation uses to access a US or NC numbered road or
to a collector road as designated on the New Hanover Thoroughfare Classification Plan.
Hall Drive (SR 1386) and Trask Drive (SR 1312) are NC numbered roads and provide
access to the site.
F. Section 72-36(5) requires indoor recreation uses to comply with other conditions
deemed by the Commissioners necessary to promote the health, safety and welfare of
the community.
G. Section 80-7 allows for the off-street parking requirements for indoor recreation uses be
interpreted by the administrator of the Zoning Ordinance upon the recommendation of
} the Planning and Inspections Department, based upon requirements for similar uses, if
any. The applicant has provided documentation that the existing parking is sufficient to
support the 10,263 square feet of indoor recreation. Any other initiation or expansion
of indoor recreation uses will be reviewed for compliance with the parking standards of
the zoning ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The location of the proposed indoor recreation use is within an area zoned for industrial
uses and airport operations.
B. The closest residential property is approximately 1,750 feet away from the proposed
indoor recreation use.
C. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Finding 4: The Board must find 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
1 is to be located and in general conformity with the plan of development for New Hanover
County.
A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the property
as Transition, and the proposal is not in conflict with the intent of the Transition land
use classification, and additionally, not in conflict with any other policy of the 2006
CAMA Land Use Plan.
B. The use will comply with the use restrictions stated in the Wilmington International
Airport Height Restriction Ordinance; specifically it should not endanger or interfere
with the landing,takeoff, or maneuvering of aircraft intending to use the airport.
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SUP Book.-�Page
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
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Mobile Home in an R-20, Residential Zoning District
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S-627
The County Commissioners for New Hanover County having held a public hearing on September
14, 2015 to consider application number S-627 submitted Ashley Meares on behalf of the Carroll
z C Corp.to place a Single-Wide Mobile Home at 1105 & 1109 Wind Sail Drive in Wrightsboro, and
having heard all of the evidence and arguments presented at the hearing, make the following
FINDINGS OF FACT and draw the following CONCLUSIONS:
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1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans and findings submitted to the County Commissioners and attached
as part of this special use permit.
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2. 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
I 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 Section
71 of the Ordinance for the proposed use,as well as the proposed and approved site plan,
and all other state or federal requirements.
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B. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and
1 void if construction or occupancy has not commenced within 24 months of the date of
this approval.
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i C. 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.
I Ordered this 14th day of September, 2015. s I.. ,
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J' nathan Bar 'eld Jr. ;`hairman
cot)N T1
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o q� app Attest:
i 14 0, > C4P4M-4.1 71;1 gS%-1,t401.14____
Teresa Elmore, Clerk to the Board
Z
i 4R'ISHED 1'R'I•
Date
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Findings of Fact:
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. Water and wastewater services(public water&septic)for the proposed use must comply
with the standards of the CFPUA and the Health Department.
B. The subject property is located in the New Hanover County North Fire Service District.
C. Access to the site will be provided by a 45' wide private right-of-way.
D. The subject site does not host any known cultural or archaeological resources.
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Finding 2: The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. Single-wide mobile homes are allowed by Special Use Permit in the R-20 zoning district.
B. The site and proposed location of the mobile home complies with the dimensional
requirements of the performance residential standards as listed in Section 51.1-2.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The location of the proposed mobile home is in an area consisting of single-family
residential uses including mobile homes.
B. Carroll C Mobile Home Park is directly east of the proposed mobile home location with
approximately 45 single-wide mobile homes.
C. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Finding 4: The Board must find that the location and character of the use if developed
1 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.
A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the area
proposed for the mobile home as Transition, and the proposal is not in conflict with the
intent of the Transition land use classification, and additionally, not in conflict with any
other policy of the 2006 CAMA Land Use Plan.
B. Section E: Housing, of the 2006 CAMA Land Use Plan recognizes a documented need for
affordable housing.
Page 2 of 2
SUP Book Page 5
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Telecommunications Tower at 6516 Murrayville Road, Wilmington, North Carolina
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S-623 (11/14)
The County Commissioners' held a public hearing on March 2, 2015 to consider
application number S-623 submitted by Hellman, Yates & Tisdale, PA on behalf of the
applicant, Branch Communications and property owner, Angela W. Steele, to develop a
telecommunications tower at 6516 Murrayville Road. Based upon the Board of County
Commissioners hearing held on March 2, 2015, the Order of Superior Court Judge W. Allen
Cobb, Jr., dated September 22, 2015 and the Consent Judgment and Settlement Agreement
signed by Superior Court Judge W. Allen Cobb, Jr., dated December 8, 2015, the Board hereby
grants the applicant's request for a special use permit as modified by the Consent Judgment and
Settlement Agreement. In doing so the Board makes the following FINDINGS OF FACT and
renders the following CONCLUSIONS:
1. The Board finds that the proposed use does satisfy the first general requirement listed in
the Ordinance; namely the requirement 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.
2. The Board finds that the proposed use does satisfy the second general requirement listed
in the Ordinance; namely that the use meets all required conditions and specifications.
3. The Board finds that the proposed use does satisfy the third general requirement of 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.
4. The Board finds pursuant to Judge Cobb's Order that the proposed use does satisfy the
fourth general requirement of 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
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development for New Hanover County. Judge Cobb determined that the Board of
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County Commissioners' findings of fact regarding this requirement were not based on
competent and substantial evidence in the record.
5. Therefore, pursuant to these findings the Board of County Commissioners conclude that
the specific and general requirements necessary for the issuance of a special use permit
have been satisfied and it is HEREBY ORDERED that the application for the special use
permit be GRANTED and it is hereby issued.
Ordered this the Cith day of December, 2015.
f/
Gou "�,
Jonath. • .1 field, Jr. ' h ' an t 0 o�y
Attest: y r c
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•��Rll.CNfO`Ty9•
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Tcrcsa Elmerc ClerK to the Board bo,..p
KY ,G. Crowell
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