1999-12-06 SUP Exhibits
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Addendum to Special Use Order
In a Conditional Use Zoning District
Office and Institutional Uses
Case Z-635, 11/99
The County Commissioners for New Hanover County having held public hearing on
December 6, 1999 to consider applIcatIOn number 2-635 11/99, submitted by William Alexander,
a request to modIfy a specIal use permit in a conditIOnal use zoning distrIct to use the property
located on Market Street and having heard all of the eVIdence and arguments presented at the
hearing, make the followmg amendments and conditions to the special use order:
1. The revised site plan allows 28,700 s.f. of building area and 76,072 s.f. of imperVIous
area.
2. Buildings supplemental to the proposed dental office will not be used for convenIence
food stores, drug stores, day care, or electric/gas and sanitary servIces.
3. The buildings along Alexander Road must have minimum 2 (two) dormers facmg
Alexander Road, and all service utilIties for these buildings must be shielded from view
4. The buildings along Alexander Road should be perpendicular to Market Street, and the
parking at the ends of the buildings should not extend beyond the building setback.
5. All other applicable federal, state and local laws.
Adopted the 6th day of December 1999.
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William A. Caster, Chairman
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COUNTY OF NEW HANOVER
ST ATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PER1\1IT
In a Conditional Use Zoning District
Office and Institutional Uses
The County Commissioners for New Hanover County having held a public hearing on
December 7, 1998 to consider application number Z-635, submitted by William Alexander, a
request for a special use permit in a Conditional Use Zoning District to use the property located
on Market Street and having heard all 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(3) and 72 of the County Zoning Ordinance WILL be
satisfied if the property is developed in accordance with the plans submitted to the County
Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES
satisfy the first general requirement listed in the Ordinance; namely that the use will not
materially endanger the public health or safety if located where proposed and developed
according to the plan as submitted and approved. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. The site has access to adequate water and sewer services.
B. The site is located within the Ogden VFD District.
C. The.site has direct access to Market Street.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES
satisfy the second general requirement listed in the Ordinance; namely that the use meets all
required conditions and specifications. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
A. A site plan pursuant to the Ordinance has been submitted.
B. All other setbacks can be met.
C. It appears protected trees will be preserved to the greatest extent practical with
many being incorporated into the design of the project.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES
satisfy the third general requirement listed in the Ordinance; namely that the use will not
substantially injure the value of adjoining or abutting property, or that the use is a public
necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT:
A. The site plan calls for the preservation of a substantial portion of the natural
vegetation found along the western boundary adjacent to residential use.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES
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satisfy the fourth general requirement listed in the Ordinance; namely that the location and
character of the use if developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
A. The site has direct frontage and there are other conditional use districts located
along the road.
6. Therefore, because the County Commissioners conclude that all of the general and
specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,
IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED, subject to the following conditions:
C.
Other:
1)
2)
All other applicable federal, state and local laws.
Per site plan as revised.
Ordered this 7th day of December, 1998.
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William A. Caster, Chairman
Attest:
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Affirmation this
day of
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Applicant
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO.5
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED JULY 6, 1971
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH
ORDAIN:
Section 1. The Zoning Map of Zoning Area 5 is hereby amended by removing the hereinafter
described tract from the R-15 Zoning District Classification and placing it in the Conditional Use
0-1 Office and Institution Zoning District Classification, said land being described as follows:
Beginning at a point formed by the intersection of the southeastern right-of-way line of
Alexander Road and the northwestern right-of-way line of us. Hwy 17 (Market Street);
running thence South 42 degrees 40 minutes 40 seconds West 335.60 feet; thence North 47
degrees 19 minutes 20 seconds West 388.55 feet; thence North 34 degrees 39 minutes 50
seconds East 184.85 feet; thence North 55 degrees 20 minutes 10 seconds West 65 25 feet;
thence North 40 degrees 07 seconds 45 seconds East 119. 82 feet; thence south 52 degrees
16 minutes 00 seconds East 486.07 feet to the point and place of beginning
Section 2. The County Clerk is hereby authorized and directed under the supervision of the
County Commissioners to change the Zoning Map of Zoning Area 5 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 shall be in
full force and effect from and after its adoption.
Adopted the 7th day of December, 1998.
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William A. Caster, Chairman
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