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HomeMy WebLinkAbout2005-12-05 RM Exhibits .5 LA. P 3. 4- o. I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Telecommunication Facility in a R-20 S-541, 10/05 The County ComrmSSIOners for New Hanover County havmg held a publIc heanng on December 5, 2005 to consIder applIcation number S-541 sub1ll1tted by Cellco Partnership for a specIal use permit to locate a telecommunications faCIlity m a R-20 ReSIdentIal DIstrict locateq at 1219 Middle Sound Loop Road and havmg heard all of the eVIdence and arguments presented at the hearing, make the followmg FINDINGS OF FACT and draw the followmg CONCLUSIONS' 1 The County ComrmssIOners FIND AS A FACT that all of the specIfic reqUIrements set forth in Section 72-27 of the County ZOnIng Ordmance WILL be satIsfied If the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Comrmssioners' CONCLUSION that the proposed use DOES satIsfy the first general requirement lIsted in the Ordmance; namely that the use will not matenally endanger the public health or safety If located where proposed and developed according to the plan as sub1ll1tted and approved. In support of thIS conclusIOn, the Commissioners make the followmg FINDINGS OF FACT' A. No water and sewer serVIce will be needed by thIS communIcation faCIlity. B. The subject property IS not located withm a 100-year flood area. C. Access to the faCIlIty will be from Dunbar Rd off Middle Sound Loop Road along an eXIstmg driveway. D. The tower will be setback on the site approxImately 550' from the road and 55' from the nearest property lme. E. The tower compound area (2,500 square feet) will be secured bya 6' high cham lmked fence topped with 3 strands of barbed wire at the top. F.An existing densely wooded area wIll surround the fenced compound. 3. It IS the County ComrmssIOners' CONCLUSION that the proposed use DOES satisfy the second general reqUIrement lIsted m the Ordmance; namely that the use meets all required condItIOns and specificatIOns. In support of this conclusion, the COmmISSIOners make the followmg FINDINGS OF FACT. ' A. The tower site is zoned R-20 ReSIdentIal. TelecommUnICatIOn facIlItIes reqUIre a SpecIal Use Per1ll1t m reSIdentIal zonmg dIStriCtS. B. The proposed tower WIll be m complIance WIth all FCC requirements. C. All towers, antenna or related structures locating III reSIdentIal zonIng districts shall be located a dIstance equal to the heIght of the tower from any reSIdential dwellIng as measured from the base of the tower D. The proposed tower (130') wIll meet all setback reqUIrements. The nearest property lme IS approxImately 55'. E. The nearest reSIdentIal structure IS over 180' from the base of the tower. F. The tower will be constructed to accommodate at least one addItIonal provider. G. EXIstmg natural folIage proVIdes an adequate landscape buffer. H. The applIcant submItted an affidaVIt venfymg the need for the placement of a new tower faCIlIty 4 It IS the County COffiffilssIOners' CONCLUSION that the proposed use DOES satisfy the thIrd general reqUIrement lIsted m the Ordmance; namely that the use will not substantIally inJure the value of adjommg or abuttmg property, or that the use IS a public necessIty. In support of thIS conclusIOn, the COmmISSIOners make the followmg FINDINGS OF FACT: A. SI1ll1lar type faCIlItIes exist m other reSIdentIal dIstncts m New Hanover County. B. ExpansIOn of WIreless telecommUnICatIOn serVIces can enhance emergency commUnICatIOn dunng severe weather condItwns. C. No eVIdence has been presented that thIS tower compound will decrease property values or eXIst as a health hazard to reSIdents who lIve nearby. 5. It is the County COmmISSIOners' CONCLUSION that the proposed use DOES satisfy the fourth general reqUIrement lIsted m the Ordmance, namely that the locatIOn and character of the use If developed accordmg to the plan as sub1ll1tted and approved will be m harmony WIth the area m WhICh It is to be located and in general confor1ll1ty WIth the plan of development for New Hanover county. In support of thIS conclusIOn, the ComrmssIOners make the followmg FINDINGS OF FACT: A. The 1999 Land Use Plan IdentIfies thIS area as Resource ProtectIOn. B. No County regulated conservatIOn or hIstonc resources have been identified on SIte. However, County property purchased for the ConservatIOn of Water QualIty adjoms the SIte on the north and east. 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 followmg condItIOns' A. That the applIcant shall fully comply with all of the speCIfic requirements stated in the Ordmance 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 mvalId beyond the authonty 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 applicable federal, state and local laws. 2) All antennas used on the tower are flush-mounted and lIght gray in color. Ordered thIS 5th day of December 2005 Attest: WA_~ Robert G Greer, Chairman S\\~lCA ,-_~l.. \~ Clerk to the Board .5 u.. P '3. 'to. ;L COUNTY OF NEW HANOV.-E:R STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a High Density 204 Multi-family Residential Development in a R-IO Zoning District Located at 2200 North College Road S-539, 11/05 The County COmmISSIOners for New Hanover County havmg held a publIc heanng on December 5, 2005 to consIder applIcatIOn number S-539 subl111tted by Todd PropertIes for a specIal use perrmt to locate a High DensIty 204 multI-fa1ll1ly residentIal development in a R-lO ResIdentIal Distnct located at 2200 North College Road and havmg heard all of the evidence and arguments presented at the heanng, make the followmg FINDINGS OF FACT and draw the followmg CONCLUSIONS: I The County COffiffilssIOners FIND AS A FACT that all of the specIfic reqUIrements set forth III Section 72-27 of the County Zoning Ordmance WILL be satIsfied If the property IS developed m accordance WIth the plans sub1ll1tted to the County COmmISSIOners. 2. It IS the County CommissIOners' CONCLUSION that the proposed use DOES satisfy the first general requrrement 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. Water and sewer serVIce is currently avaIlable to the proJect. B. The subJect property IS not located wlthm a 100-year flood area. C. Access to the faCIlIty will be from North College Rd a major artenal and Murrayvtlle Rd. D. Fire ServIce is available from the Castle Hayne VFD. E. Turnmg Lanes and signal Improvemenfs as required by the TIA will be completed m accordance WIth NCDOT. 3. It IS the County COmmISSIOners' CONCLUSION that the proposed use DOES satisfy the second general reqUIrement lIsted m the Ordinance, namely that the use meets all required condItions and specIfications. In support of thIS conclUSIOn, the CommissIOners make the followmg FINDINGS OF FACT: A. The property is zoned R-10 ReSIdential. High DenSIty ResIdential IS permitted by SpeCIal Use Permit in reSIdentIal zonmg districts m accordance WIth certain performance cntena. B. The 204 UnIts proposed are less than the maXImum 348 units allowed. C. Parkmg, BUIldmg HeIght and Impervious coverage satIsfy the County reqUIrements. D. Wetlands and COD areas have been preserved. E. Buffer yards and Setbacks have been shown on the plan. 4. It is the County COmmISSIOners' CONCLUSION that the proposed use DOES satisfy the thud general reqUIrement lIsted m the Ordmance; namely that the use will not substantially injure the value of adJommg or abuttmg property, or that the use IS a publIc neceSSIty In support of thIS conclusion, the COmmIssioners make the following FINDINGS OF FACT' A. SImilar type facIlItIes eXIst m other reSIdentIal dlstncts m New Hanover County. B. No eVIdence has been sub1ll1tted that thIS proJect WIll decrease property values of reSIdents who lIve nearby 5. It IS the County COffil111SSIOners' CONCLUSION that the proposed use DOES satIsfy the fourth general reqUIrement listed in the Ordmance; namely that the locatIon and character of the use If developed accordmg to the plan as sub1ll1tted and approved will be In harmony WIth the area in winch It IS to be located and in general confor1ll1ty with the plan of development for New Hanover county. In support of thIS conclusIOn, the COmmISSIOners make the followmg FINDINGS OF FACT: A. The 1999 Land Use Plan IdentIfies this area as Urban TransitIOn, WhICh allows for hIgher densIty development. B. The property adJoins a CommercIal Center, 1-40, and an R-10 resIdentIal 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 HA VE been satIsfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERT\.1IT BEGRANTED subJect to the followmg 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 heremafter stated. B. If any of the conditIOns Imposed by thIS special use per1ll1t shall be held invalid beyond the authority of thIS Board of COmmIssioners by a court of competent JUrISdIctIOn, then this perrmt shall become void and of no effect. C. Other: 1) All other applIcable federal, state and local laws. Ordered thIS 5th day of December 2005 Attest: /f?Jd1J~ Robert G Greer, Chairman ~~lt\~ ".~C~Lv\\ (' Clerk to the Board 2-8:1. "i?t:J. 5 '1 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 7, 1972 CASE: Z-810, 09/05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN. SectIOn 1. The Zonmg Map of Zoning Area No 8B IS hereby amended by removmg the heremafter described tract from the I-I LIght Industnal Zomng DIstnct ClassIficatIOn and placmg it m the R-lO ReSIdentIal Z0l1lng DIstnct ClaSSIficatIOn, saId land being described as follows' Property known as, Currin Tract as shown on the plat(s) thereof recorded in the New Hanover County Registry in Map Book 38 Page No 137 The zoning map is further amended by eliminating a remnant R-15 Zoning District located in the SW quadrant of the 1-40 and 1-140 intersection and placing the NCDOT property in a 1-1 Light Industrial Zoning classification. SectIOn 2 The County Clerk IS hereby authonzed and dIrected under the supervIsion of the County Commissioners to Change the Zoning Map of Zomng Map Area No. 8B on file m the office of the County CommIssIOners, so as to make It comply WIth this ordmance. SectIOn 3. Any ordmance or any part of any ordinance in conflict WIth thIS ordmance, to the extent of such conflict, IS hereby repealed. SectIon 4 ThIS ordmance IS adopted m the interest ofpubhc health, safety, morals and general welfare ofthe mhabItants ofthe County of New Hanover, North Carolma, and shall be m full force and effect from and after ItS adoptIOn. Adopted the 5th day of December, 2005. Attest: ~M~ Robert G Greer, ChaIrman ~\. \ ~&I~+ Clerk to the Board ~,^-p 3. '-fo. "3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A High Density 432 Multi-family Unit Residential Development S-534, 11/05 The County ComnussIOners for New Hanover County havmg held a publIc heanng on December 5, 2005 to consIder applIcatIon number S-534 submItted by Blltmark Developers for a specIal use permit to locate a hIgh denSIty 432 multI-famIly umt reSIdentIal development In a R-lO ReSIdentIal DIstnct located at 4403 North College Road and havIng heard all of the eVIdence and arguments presented at the heanng, make the folloWIng FINDINGS OF FACT and draw the followmg CONCLUSIONS 1 The County COmmISSIOners FIND AS A FACT that all of the specIfic reqUIrements set forth m SectIOn 72-27 of the County ZOnIng Ordmance WILL be satIsfied If the property IS developed m accordance WIth the plans submItted to the County COmmISSIOners. 2. It IS the County ComrmssIOners' CONCLUSION that the proposed use DOES satIsfy the first general reqUIrement lIsted m the Ordmance, namely that the use WIll not matenally endanger the publIc health or safety If located where proposed and developed accordmg to the plan as sub1ll1tted and approved. In support of thIS conclusIOn, the COmmISSIOners make the followmg FINDINGS OF FACT A. Water and sewer serVIce IS currently available to the proJect. B. The subJect property IS not located wIthm a 100-year flood area. C. Access to the faCIlIty WIll be from North College Rd a maJor artenal and Northchase Parkway to a SIgnalIzed llltersectIOn D. Fire SerVIce IS aVailable from the Wnghtsboro VFD E. Turnmg Lanes as reqUIred by the TIA WIll be completed at the Northchase Parkway SIte access m accordance WIth NCDOT 3 It IS the County COmmISSIOners' CONCLUSION that the proposed use DOES satIsfy the second general reqUIrement lIsted m the Ordmance; namely that the use meets all reqmred conditIOns and speCIficatIOns. In support of thIS conclusIOn, the ComrmssIOners make the followmg FINDINGS OF FACT A. The property IS zoned R-I0 ReSIdentIal. High DenSIty ResIdentlal IS per1ll1tted by SpecIal Use Perl111t m resldentlal zOnIng dIstncts m accordance WIth certam performance cntena. B. The 432 UnIts proposed are less than the maXImum 628 umts allowed. C. ParkIng, Bmldmg HeIght and ImpervIOUS coverage satIsfy the County reqmrements D. Wetlands areas have been preserved. E. Buffer yards and Setbacks have been shown on the plan. 4 It IS the County COffil111SSIOners' CONCLUSION that the proposed use DOES satIsfy the thud general reqUIrement lIsted m the Ordmance, namely that the use WIll not substantIaJIy mJure the value of adJommg or abuttmg property, or that the use IS a publIc necessIty In support of thIS conclUSIOn, the COffil111SSIOners make the followmg FINDINGS OF FACT A. SIl111Jar type faCIlItIeS eXIst Jl1 other reSIdentIal dIstncts m New Hanover County B. No eVIdence has been submitted that thIS proJect WIll decrease property values of reSIdents or cOl111nerclal uses nearby 5 It IS the County Conm1lSslOners' CONCLUSION that the proposed use DOES satIsfy the fourth general reqmrement lIsted m the Ordmance, namely that the location and character of the use If developed accordmg to the plan as submitted and approved wIll be m harmony WIth the area In whIch Jt IS to be located and In general conformIty WIth the plan of development for New Hanover county 1n support of thIS conclusIOn, the COITIlTIlSSlOners make the follOWing FINDINGS OF FACT A. The I 999 Land Use Plan Identifies thIS area as Urban TranSItion, whIch allows for hIgher denSIty development. B. The property adJOinS the CommercIal and Industrial part of the Northchase Planned Development, and the Interchange at 1-140 and 1-40 6 Therefore, because the County COl111TIlSSIOners 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 ofa SPECIAL USE PERMIT BE GRANTED subJect to the follOWing conditions A. That the apphcant shall fully comply WIth all of the speCIfic reqmrements stated In the Ordmance for the proposed use, as well as any addItIonal condItIOns heremafter stated. B. If any of the conditions Imposed by thIS speCIal use permIt shall be held mvalId beyond the authonty of thIS Board of CommiSSIOners by a court of competent JunsdIctIOn, then thIS permIt shall become VOId and of no effect. C. Other 1) All other apphcable federal, state and local laws. 2) Boat/Camper storage should be located away from vIew 3) Landscapmg and tree p1antmg along the 3000' of frontage along the bypass and ramps to VIsually screen the proJect and any site Improvements from those hIghways m accordance WIth SectIOn 67-10 4) Ehmmate bIllboard SIgns. 5) Retam adequate setbacks and buffenng on SIte from eXlstmg Commercial & Industnal uses m Northchase to accommodate the PD Dlstnct reqUIrements. Ordered thIS 5th day of December 2005 Attest: /;JdiJ~ Robert G Greer, ChaIrman ~\~~~. \ S'\ 0\"\+ Clerk to the Board z.J31.lf-.l,CZ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 CASE: Z-819, 12/05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAJN SectIOn I The Zomng Map ofZonmg Area No 4IS hereby amended by removmg the heremafter described tract from the B-2 and 0&1 HIghway Busmess Zonmg DIstnct ClassIficatIOn and placmg It m the R -15 ResIdentIal Zonmg DIstnct ClaSSIficatIOn, sald land bemg descnbed as follows GREENHOUSE PROPERTIES, LLC LOT 1, PILOTS RIDGE 1.22 ACRES COMMENCING at the lIltersection of the southerly nght-ofway line of Pilots Ridge Road (60joot Wide pnvate nght-of}vay) and tlie westerly nght-ofway line of Carolina Beach Road (U S Highway 421, 160joot wide nght- ofway) as shown on a map of SectIOn 1, Pilots Ridge Aero Plantation recorded 1Il Map Book 22 at page 55 1Il the New Hanover County Registl)! Said point belllg the northeasterly comer o.fLot 1 ofsaid Pilots Ridge and being the POINT OF BEGINNING The71ce,ji-om said point ofbegml1lng with said }vesterly lme of Carolina Beach Road and the easterly line ofsazd Lot J, South 2 degrees 36 minutes 00 seconds East as distance of 261 20 feet to a point at the southeasterly corner ofsazd Lot 1 Thence, with the southerly line o.fsaid Lot 1 North 87 degrees 06 minutes 00 seconds West a distance of 216 42 feet to a point at the southwesterly comer of said Lot 1 Thence with the westerZylme of sazd Lot 2, North 2 degrees 54 minutes 00 seconds East a distance of260 00 feet to apomt at the northeasterly comer of SOld Lot 1 Thence, with the northerly line of said Lot 1, South 87 degrees 06 minutes East a distance of 191 38feet to the POINT OF BEGINNING The above-described parcel contains 1 22 acres (53014 sq ft.) more or less GREENHOUSE PROPERTIES, LLC LOT 2, PILOTS RIDGE 0 66 ACRES TO ARRIVE AT THE POINT OF BEGINNING, commence at the northeasterly comer of Lot 1, Section 1, Pilots Ridge Aero Plantation as on a map recorded in Map Book 22 at page 55 111 the New Hanover County Registl)! Said pomt being at the intersection of the southerly right-of way line of Pzlots Ridge Road (60joot Wide pnvate right-ofway) and the westerly right-ofway lme of Carolina Beach (U S highway 421, 160-foot wide right-ofwa)J Thence with the southerly line of said Pilots Rzdge Road, North 87 degrees 06 minutes 00 seconds West a distance of 191 38 feet to a pomt at the northeasterly comer of Lot 2 of Sald Pilot Ridge and being the POINT OF BEGINNING Thellce,ji-om said point of beginning with the easterly line ofsazd Lot 2, South 2 degrees 54 minutes 00 seconds JiVest a distance of260 00 feet to a pomt at the southeasterly corner of said Lot 2 Thence, With the southerly line o.f said Lot North 87 degrees 06 minutes 00 seconds West a distance o.f 110 00 feet to a point at the southwesterly comer of said Lot 2 Thence, with the westerly lme ofsaid Lot 2, North 2 degrees 54 minutes 00 seconds East a distance of 260 00 feet to a point at the northwesterly comer of said Lot 2 Thence, with the northerly line of said Lot 2, South 87 degrees 06 minutes 00 seconds East a distance of 110 OOfeet and the POINT OF BEGINNING The above deSCribed parcel contains 0 66 acres (28600 sq ft.) Inclvding adjacent property to the south O11t-'71ed by Pilots Ridge HOA to their southern boundm)! line. Thence a long sald line to its intersection vvith US Highway 421, thence north along sald right of way to the southeast comer ofa Board ofEducatlOll property and the northern R1W of Pilots Ridge Road, thence along said R/Wto a pom.! extending north o.f the western boundm)! of Lot 2 described above. SectIOn 2 The County Clerk IS hereby authorIzed and dIrected under the supervIsIOn of the County CommIssIoners to Change the Zomng Map of Zonmg Map Area No 4 on file in the office of the County C0I11111lSSIOners, so as to make It comply wIth thIS ordmance SectIOn 3 Any ordmance or any pmi of any ordmance m conflIct WIth thIS ordmance, to the extent of such conflict, is hereby repealed. SectIon 4 ThIs ordmance IS adopted m the mterest ofpubhc health, safety, morals and general welfare of the mhabltants of the County of New Hanover, North Carolma, and shall be m full force and effect from and after ItS adoptIOn. Adopted the 5th day of December, 2005 Attest. ~~ Robert G Greer, ChaIrman ~~,\.r.\ ~~ Clerk to the Board 2.. e, I .~. (,. ~ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971 CASE: Z-821, 11/05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: SectIOn 1 The Zonmg Map of Zomng Area No.4 IS hereby amended by removmg the heremafter described tract from R-15 ReSIdential and creatmg a CD (B-I) Conditional Use Neighborhood Busmess DIstnct and saId land bemg described as follows Begmnmg at a pomt WIth Carolma Beach Road and St. Andrews Dnve, thence southerly 380 feet, thence northeasterly 980 feet to the centerlme ofPme Hollow Dnve, thence northerly 390 feet to the WIlmmgton CIty LimIts, thence west and north along the City of Wilmmgton boundary 1780 feet, back to the begmmng pomt at CarolIna Beach Road and St. Andrews Road for a total of 3 609 acres more or less. SectIOn 2. The County Clerk IS hereby authonzed and directed under the supervISIOn of the County CommISSIOners to Change the Zomng Map Area No.4 on file m the office of the County CommISSIOners, so as to make It comply With thiS ordmance Section 3 Any ordmance or any part of any ordmance m conflIct With thIS ordmance, to the extent of such conflict, IS hereby repealed. SectIOn 4 ThIS ordmance is adopted m the mterest of public health, safety, morals and general welfare of the mhabitants of the County of New Hanover, North Carolina, and shall be m full force and effect from and after ItS adoptIOn Adopted the 5th day of December 2005. Attest: \:'\\..\. ~.~~ ~the Board WAi!~ Robert G. Greer, ChaIrman ..s~p 2>. <fa Lf- ADDENDUM TO SPECIAL USE ORDER FOR CASE: Z-760, 11/04 and further revised for CD (B-2) 12/05, Z-821 The County CommIssIOners for New Hanover County havmg held a public heanng on December 5, 2005 to consIder applIcation number Z-760, 11/04 AtlantIS Holdmgs for an addendum to itS current speCial use permit m a condItional use zonmg distnct to reVIse and expand an eXlstmg CD CondItiOnal Dlstnct (B-I) m the 4600 block of CarolIna Beach Road, because of an error m the proposed list of uses and havmg heard all of the eVIdence and arguments presented at the heanng, make the followmg amendments and conditiOns to the speCial use order' 1. The County CommISSiOners FIND AS A FACT that all of the speCIfic reqUIrements set forth m SectIOn 72-27 of the County Zonmg Ordmance WILL be satIsfied if the property IS developed m 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 m the Ordmance, namely that the use will not matenally endanger the publIc health or safety If located where proposed and developed accordmg to the plan as submItted and approved. In support of thiS conclUSIOn, the CommiSSiOners make the followmg FINDINGS OF FACT' A. The subJect property is located wIthm the Myrtle Grove VFD B. The SIte has dIrect access to CarolIna Beach Road and St. Andrews Dr. C. The proposed proJect will be served by County Sewer and City Water 3. It is the County CommiSSIOners' CONCLUSION that the proposed use DOES satisfy the second general reqUIrement lIsted m the Ordmance, namely that the use meets all reqUIred conditiOns and speCificatIOns. In support of thIS conclUSIOn, the CommISSIOners make the followmg FINDINGS OF FACT A. A sIte plan, whIch meets all of the reqUIrements of the Ordmance, has been submitted and reviewed. B. The Site plan shows 18 commerCial bUIldmgs totalmg approXImately 290,500 square feet. C. A list of proposed uses is shown on the sIte plan. All proposed uses are permItted wlthm the B-1 NeIghborhood Busmess Dlstnct. D. SuffiCIent area to accommodate the reqUIred landscapmg and buffenng is shown on the SIte plan. 4. It IS the County CommissIoners' CONCLUSION that the proposed use DOES satisfy the third general reqUIrement listed m the Ordmance; namely that the use will not substantially mJure the value of adJOlDlng or abuttmg property, or that the use IS a public neceSSity In support of thIS conclUSIOn, the CommIssIoners make the followmg FINDINGS OF FACT' A. One parcel wlthm the rezoDlng area has been zoned and used for light mdustnal purposes smce 1985 B. A traffic Impact AnalYSIS has been submItted and the recommended roadway improvements have been mcorporated mto the plans. C. The proposed neIghborhood busmess plaza can be utilized by the eXlstmg neighborhoods on the southwest SIde of Carolina Beach Road and by the developmg Johnson Farm neighborhoods. D. The proposed landscapmg and buffenng areas are adequate to protect adJacent properties. E. The roadway deSIgn mcorporates traffic calmmg measures to dIscourage cut through traffic while allowmg mterconnectlvity. F. Road stubs shown for future connectIOn should Improve some eXIstmg traffic problems for nearby resIdents. 5. It IS the County CommIssIOners' CONCLUSION that the proposed use DOES satlsfy the fourth general reqUIrement hsted m the Ordmance, namely that the locatIOn and character of the use If developed accordmg to the plan as submItted and approved wIll be m harmony wIth the area m whIch It IS to be located and m general conformIty wIth the plan of development for New Hanover County In support of thIS conclusIOn, the COIrumssIOners make the followmg FINDINGS OF FACT A. The sIte IS classIfied as developed by the New Hanover County ComprehensIve Plan. The purpose of the developed class IS to proVIde for contmued mtenslVe development and redevelopment of eXlstmg urban areas. These areas are already developed at a denSIty approachmg 1,500 dwellmg umts per square mIle. Urban servIces are already m place or scheduled wlthm the Immediate future. B. PohcIes m the comprehensIve plan promote locatlon of commerCial servIces m close prOXImIty to the markets they serve. The proposed proJect can serve two large resldentlal areas and the road configuration allows for a new connectIOn to serve other reSIdentIal areas along St. Andrews DrIve. 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 satlsfied, IT IS ORDERED that the apphcatIOn for the Issuance of a SPECIAL USE PERMIT BE GRANTED subJect to the followmg condItIOns. A. That the apphcant shall fully comply WIth all of the speCIfic reqUIrements stated m the Ordmance for the proposed use, as well as any addItional condltlons heremafter stated. B. If any of the condItIOns unposed by thIS specIal use permIt shall be held mvaltd beyond the authOrIty of thIS Board of COl111russIOners by a court of competent JUrISdIctIOn, then thIS penrut shall become VOId and of no effect. C. Other I. All other applIcable federal, state and local laws. 2. The "Convemence Food Store" Use and the "AutomobIle ServIce Station" Use, The "MOVIe Theater" Use and The "Hotel/Motel" Use are not permItted. 3 The St. Andrews Dr connectIOn should be completed prIor to 50% occupancy 4 SIgnIficant trees need to be IdentIfied and retamed along road frontage Ordered thIS 5th day of December 2005, Attest: 1(~ Robert G Greer, ChaIrman ~ ~~ \.. ~~\\. Clerk to the Board -R tk :Lor. 3 ~. 1 d.. RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, pursuant to Chapter 109 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds, WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, the Board of County Commissioners does hereby resolve and approve the Surety Bond for the Finance Officer ($500,000), Sheriff ($25,000), Register of Deeds ($50,000), and Tax Collector ($100,000) This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. This the 5th day of December, 2005. (SEAL) NEW HANOVER COUNTY 'l~4u.- Chairman Board of County Commissioners ATTEST: ~~~~ '--. ~t\v\\ Clerk to the Board ~ id:- :t'l. '3 ~. I b RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED, that pursuant to the provisions of Section 18B-700 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 5, 2005, does hereby exempt from the bond requirement of said Section 18B-700 any member of the New Hanover County ABC Board who does not handle Board funds, including but not limited to the Chairman of the New Hanover County ABC Board ADOPTED this the 5th day of December, 2005. (SEAL) /?~~NTY Robert G. Greer, Chairman Board of County Commissioners ATTEST ~\,'.\~ \. ~~\- Clerk to the Board