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HomeMy WebLinkAboutSpecial Use Permits 2017� Page COUNTY OF NEW HANOVER SUP Book STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT Temporary Fire Station in an R -15, Residential Zoning District S -633 (12/16) The County Commissioners for New Hanover County having held a public hearing on January 9, 2017 to consider application number S -633 submitted by New Hanover County Fire Services on behalf of the property owner Cape Fear Public Utility Authority to establish a temporary fire station at 7571 Old Oak 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: 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. 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: 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 void if construction or occupancy has not commenced within 24 months of the date of this approval. 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. D. Additional Conditions: 1. Any impact to the road realized from the use by the fire apparatus shall be mitigated by the county. 2. The Special Use Permit shall expire after either 24 months or when the temporary fire station is removed from the property. Page 1 of 3 Ordered this 911 day of January, 2017. Woody White, g6irman Attest: K Crowell, Clerk to the Board 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 site is not within any Special Flood Hazard Area or CAMA Area of Environmental Concern. B. Siting a temporary fire station with around - the -clock personnel on the site will allow for uninterrupted public health and safety service delivery in the Ogden area while the fire station on Market Street is being redeveloped. C. The site has direct access to Old Oak Road and is located approximately 1200' from Torchwood Boulevard, allowing Fire Services personnel to access the street network in the Ogden area to respond to calls. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned R -15, Residential District. B. Government buildings, including fire stations, are allowed by Special Use Permit in the R -15 zoning district. C. The site shall comply with the landscaping and buffering requirements of Section 62 of the Zoning Ordinance. D. A site plan has been included as part of the Special Use Permit application and demonstrates that the building setback requirements of the R -15 zoning district will be met. E. The Zoning Ordinance establishes no special conditions or supplemental regulations for the construction of a fire station but states that government offices, buildings, and related structures and uses obtain a Special Use Permit. 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. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. B. Fire stations are located in other residential zoning districts in the county, including Murrayville Road and Porters Neck. C. Providing 24 -hour emergency response will maintain or improve the ISO rating and thereby maintain or improve insurance rates for area residents. Page 2 of 3 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 2016 Comprehensive land Use Plan classifies the subject property as General Residential. B. Civic uses, such as the proposed fire station, are encouraged within the General Residential place type. C. Ensuring adequate response times to emergencies is an effort woven in to the ongoing implementation of the Comprehensive Plan, supporting the current proposal. D. Fire stations and similar facilities have traditionally been located throughout a community to promote efficiency in response times and to provide comprehensive emergency service delivery. Page 3 of 3 SUP Book -9 Page COUNTY OF NEW HANOVER Zoning Book _.L- STATE OF NORTH CAROLINA Section IQA_ age LIQ� ORDER TO ISSUE A SPECIAL USE PERMIT High Density Development in an (CUD) R -10, Conditional Use Residential District Z -966 (1/17) The County Commissioners for New Hanover County, having held a public hearing on March 6, 2017 to consider application number Z -966, submitted by Cindee Wolf of Design Solutions on behalf of the property owners, New Beginning Christian Church, to develop a high density development on 8.57 acres of land located at the 3100 block of Blue Clay 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: The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71- 1(3)(A -D) 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 Exhibit A and incorporated into this special use permit. 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 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 void if construction or occupancy has not commenced within 24 months of the date of this approval. 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. D. Additional Conditions: The development shall be used only as an Active Adult Retirement Community or Independent Living facility. 2. No gates or traffic calming devices shall be installed unless reviewed and approved by the Technical Review Committee. 3. A 20 foot wide easement shall be dedicated to the County along Blue Clay Road for the purposes of installing a future multi -use path in accordance with the Wilmington /NHC Comprehensive Greenway Plan. Z -966, 1/17 Page 3 Adopted the 6th day of March, 2017. r Woody White, Cha Attest: AA 0 A CNA4 F. Irk K Crowell, Clerk to the Board / _ , j R `• Z -966, 1/17 Page 4 Exhibit A Findings of Fact: (In Accordance with Section 71 of the New Hanover County Zoning Ordinance) Findina 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 must be provided and designed to comply with the Cape Fear Public Utilities Authority standards. B. The subject property is located in the New Hanover County North Fire Service District. C. Access to the site will be provided by Blue Clay Road, an arterial street that has an "A" Level of Service. D. An easement will be dedicated to the County for the purpose of installing a multi -use path along Blue Clay Road in accordance with the Wilmington /NHC Comprehensive Greenway Plan. E. The subject site does not host any known conservation, cultural, historic, or archaeological resources. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. High density developments area allowed by Special Use Permit in the R -10 zoning district. B. The use complies with the standards of Section 72 -43 of the Zoning Ordinance. Findina 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 high density development is classified as Community Mixed Use in the 2016 Comprehensive Plan. B. The surrounding land uses predominately include residential, with adjacent property to the north and south being also zoned R -10. 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 is to be located and in general conformity with the plan of development for New Hanover County. A. The 2016 Comprehensive Plan classifies the area proposed for the high density development as Community Mixed Use, and the proposal aligns with the intent of the Community Mixed Use land use classification. Additionally, the proposal supports other policies of the 2016 Comprehensive Plan, including providing for a range of housing types and encouraging walkable communities. B. The proposed development will provide for alternative forms of transportation in compliance with the 2012 Wilmington /NHC Comprehensive Greenway Plan. Z -966, 1/17 Page 5 SUP Book Page 6q ',,nine Book AN ORDINANCE OF THE COUNTY OF NEW HANOVER Mn Pd�B - ) AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 respectively and subsequently amended CASE: Z -958M, 3/17 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The New Hanover County Zoning Map is hereby amended by removing the hereinafter described tract from an (CUD) R -10, Conditional Use Residential Zoning District, and placing it in a (CUD) R -10, Conditional Use Residential Zoning District, said land consisting of 6.9 acres and being described legally as follows: Beginning at a point in the Eastern line of State Highway #40 1265 feet southwardly (as measured along the eastern edge of the pavement on said Highway at right angles, then turn to the point of beginning) from the center of the eastern headwall of the culvert accommodating the waters of Barnard's Creek, the said beginning point being the southwest corner of Lot #6 of the Division of part of the Biddle lands made by J.L. Becton, C. E., July 1934, and runs thence from said beginning point South 35 degrees 40 minutes East with and along the Eastern line of said Highway 200 feet to the Northwestern corner of Lot #8; thence North 54 degrees 20 minutes East along the dividing line between tracts 7 & 8,1400 feet to the back line; thence North 11 degrees 55 minutes East with the back line about 250 feet more or less to the point that is exactly North 54 degrees 20 minutes East 1620 feet from the point of beginning; thence South 54 degrees 20 minutes West with a line at right angles to Highway #40 and along the Southern line of Tract #6 a distance of 1620 feet to the point of beginning, containing 6.9 acres, and being all of Tract #7 of the said subdivision of the Biddle Lands. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the New Hanover County Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part of this action, shall be in full force and effect from and after its adoption. Z -958M, 3/17 Order Page 1 Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A -341 that the zoning map amendment of approximately 6.9 acres of land from (CUD) R -10, Conditional Use Residential District, to (CUD) R -10, Conditional Use Residential District is: Consistent with the purposes and intent of the 2016 Comprehensive Plan because multi - family residential is encouraged within the Community Mixed Use place type. The proposed density is consistent with the Plan and supports the small - scale, compact, mixed use development patterns that this place type promotes. Reasonable and in the public interest because the development provides for increased density in an area best suited for development. The property is located in close proximity to water and sewer utilities, and pedestrian amenities. The development also supports efficient travel by providing interconnectivity to the surrounding properties. Adopted the 3`d day of April, 2017. Z -958M, 3/17 Order Page 2 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT High Density Development in an (CUD) R -10, Conditional Use Residential District Z -958M, 3/17 The County Commissioners for New Hanover County, having held a public hearing on April 3, 2017 to consider application number Z -958M, submitted by Cindee Wolf of Design Solutions on behalf of the property owners, Lawrence Lawson Heirs, to develop a high density development on 6.9 acres of land located at the 4700 block of Carolina Beach 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: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 70- 7(1 -4) 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 Exhibit A and incorporated into this special use permit. 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 Sections 70, 71, & 72 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(1) 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. 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. D. Additional Conditions: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right -of -way. A 10' wide multi -use path shall be installed along Carolina Beach Road in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. The multi -use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. Z -958M, 3/17 Order Page 3 Adopted the 3 I day of April, 2017. r Woody White, Chairma Attest: ,K)4w 0�4"� KyrUrowell, Clerk to the Board Z -958M, 3/17 Order Page 4 Exhibit A Findings of Fact: (In Accordance with Section 70 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 must be provided and designed to comply with the Cape Fear Public Utility Authority's standards. B. The subject property is located in the New Hanover County South Fire Service District. C. Access to the site will be provided by Sikes Drive, and through the existing Belle Meade apartment complex, which connects to Carolina Beach Road, an arterial street. D. The development will install sidewalks and a multi -use path, and will provide interconnectivity to the surrounding properties. E. The subject site does not host any known conservation, cultural, historic, or archaeological resources. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. High density developments area allowed by Special Use Permit in the R -10 zoning district. B. The use complies with the standards of Section 72 -43 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 high density development is classified as Community Mixed Use and General Residential in the 2016 Comprehensive Plan. B. The surrounding land uses predominately include residential, including single - family and multi - family housing. 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 is to be located and in general conformity with the plan of development for New Hanover County. A. The 2016 Comprehensive Plan classifies the area proposed for the high density development as Community Mixed Use and General Residential, and the proposal aligns with the intent of both classifications. Additionally, the proposal supports other policies of the 2016 Comprehensive Plan, including business success, economic efficiencies for infrastructure, transportation alternatives, public health improvements, and reduction in vehicle miles traveled. B. The proposed development will provide for alternative forms of transportation in compliance with the 2012 Wilmington /NHC Comprehensive Greenway Plan. Z -958M, 3/17 Order Page 5 SUP Book Page COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO DENY A SPECIAL USE PERMIT Convenience Food Store in an O &I, Office & Institutional Zoning District S17 -02 The County Commissioners for New Hanover County having held a public hearing on May 1, 2017 to consider application number 517 -02 submitted by Design Solutions on behalf of Yosef, Inc. to develop a convenience food store at the 7900 block of Market Street, 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 one or more of the specific requirements set forth in Section 70- 7(1 -4) 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 NOT 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. In support of this conclusion, the Commissioners make the following FINDING OF FACT: A. The road improvements recommended within the approved Traffic Impact Analysis have not yet been installe-d and may not be installed by the time the convenience food store opens. B. The absence of a median along Market Street will allow for left -in and left -out movements to and from the proposed development, which will increase the potential for traffic related accidents. 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. 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 FINDING OF FACT: A. No substantial evidence has been presented that the proposed use will injure the value of the adjoining or abutting properties. Page 1 of 2 5. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The applicant did not provide substantial, material, and competent evidence that the proposed development's underground storage tanks and stormwater management system will not have a negative impact on the surrounding residential area in regards to potential flooding and groundwater contamination, and therefore is not in harmony with the area and not in general conformity with the plan of development for New Hanover County. B. There are nearby residential structures that are served by well water. C. The proposed development's 24 -hour continuous operation is not in harmony with the adjacent residential area. 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 15 ORDERED that the application for the issuance of a special use permit BE DENIED. Ordered this 11t day of May, 2017. Page 2 of 2 J, J Woody White, Ch/rman Attest: Ky Crowell, Clerk to the Board Zoning Bo Ak Section d$ Page 7e SUP Book. tom. Page (-Pq COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT High Density Development in an (CUD)R-15,Conditional Use Residential District Z17-08 The County Commissioners for New Hanover County (the "County Commissioners"), having held a public hearing on September 5, 2017 to consider application number Z17-08, submitted by the Lee Law Firm, PLLC, on behalf of the property owner, The Lewis Family Tract, LLC (the "Applicants"), to develop a high density development on 85.19 acres of land located at the 4700 block of Gordon Road, and having heard all of the evidence and arguments presented at the hearing,the County Commissioners conclude that the Applicants produced competent, material, and substantial evidence tending to establish the existence of the facts and conditions which Section 70 of the County Zoning Ordinance requires for the issuance of a special use permit, and from the evidence adduced at the hearing, the Commissioners make the following FINDINGS OF FACT and draw the following CONCLUSIONS: dS 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 70-7(1-4) 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 Exhibit A and incorporated into this special use permit: (A) The use will not materially endanger the public health or safety if located where proposed and approved; (B) The use meets all required conditions and specifications; 1 (C) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and (D) 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. 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 a I ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: t i A. That the applicant shall fully comply with all of the specific requirements stated in Section 70,71,&72 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(1) 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. Z17-08 Order Page 4 1 , I , i 1 , i 1 i C. If any of the conditions imposed by this special use permit shall be held invalid beyond i j the authority of this Board of Commissioners by a court of competent jurisdiction, then .1 1 this permit shall become void and of no effect. 1 ; i D. Additional Conditions: i 5 4 1. The proposed private right-of-ways shall be open for public use and placed within a I ' public access easement. 1 1 2. Streetscape landscaping and buffering, consistent with that of which is required for , , i high density developments adjacent to single-family developments,shall be installed , 1 around the multi-family structures to provide a screen from the single-family lots , , I located within the development. , i 3. A 20-foot wide access easement shall be dedicated to the County along Smith Creek 1 in order to allow for the future installation of a multi-use path in accordance with the 1 I Wilmington/NHC Greenway Plan. i i 4. Five feet of right-of-way shall be dedicated to NCDOT along Gordon Road for the 1 purpose of allowing for future roadway improvements. This right-of-way dedication , I shall be in addition to any right-of-way dedication required as a result of the TIA and , i driveway permit. i 1 1 4 i 4 Adopted the 5th day of September, 2017. ! ) I i ‘.t.ITY•Aip L/PAII 1 0 0 1 ge•C' . 4j, 44 1- , a - i 0 n Woody White, hair an , ' A Z , 'A> i vl 0 ,4 .). 1 •e,.;,...J., .....„. . - ift, Attest: i 57. Astislato 4 1 1 _ 1 1141 .4.2101■II—...,A- . i K cy rowell, Clerk to the Board i 1 i i i i 1 1 1 1 1 i i i 1 4 t i , 1 Z17-08 Order Page 5 i 1 / , 1 I 1 1 Exhibit A Findings of Fact: (In Accordance with Section 70 of the New Hanover County Zoning Ordinance) 1 1 1 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 must be provided and designed to comply with the Cape Fear Public Utilities Authority standards. B. The subject property is located in the New Hanover County North Fire Service District. C. Access to the site will be provided by Gordon Road, an arterial street. D. A Traffic Impact Analysis has been completed and must be review and approved by the MPO and NCDOT,and any improvements to the roadway network required as part of that approval must be installed in accordance with NCDOT's standards. y E. The improvements recommended within the completed TIA will improve the Level of Service (LOS) of certain intersections located in the nearby area. ( F. The subject site will have minimal impact to any known conservation resources located 1 on the site. Finding 2:The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. 4 A. High density developments are allowed by Special Use Permit in the R-15 zoning district. B. The site design complies with the standards of Section 72-43 of the Zoning Ordinance. AFinding 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. 1 1 A. The location of the proposed high density development is classified as Urban Mixed Use in the 2016 Comprehensive Plan. B. The surrounding land uses predominately include residential uses. 1 C. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. j 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 proposed development is consistent with the purposes and intent of 2016 1 Comprehensive Plan because the proposal would provide for affordable workforce housing, and would increase the probability that commercial land uses will be developed on vacant land within the nearby area, thereby contributing to the mixed use J development pattern promoted by the Plan. B. The proposed development will provide for opportunities for alternative forms of transportation in compliance with the 2012 Wilmington/NHC Comprehensive Greenway Plan. t Z17-08 Order Page 6 ,