2504 North Lumina Avenue
Transcription
2504 North Lumina Avenue
Q CONDITIONAL USE PERMIT APPLICATION TOWN OF WRIGHTSVILLE BEACH, NORTH CAROLINA 1. General description and lot dimensions including street frontage, street address, and proposed use: 287.94' of frontage at 2504 N. Lumina Avenue, Wrightsville Beach, NC 28480 - Depth 310' Avg. 2.33 acres - a 23 unit condominium of 8 floors above a parking level. Zoning district of site: 2. requested? Are any variances C-4 If so state request: No .3. Water requirements: gallons per day? this: What is the estimated maximum water demand in 9200 GPD Provide the calculations for 23 x 400 GPD = 9200 What is the water main size available at the site? 8'' on east side - 12" on west side 4. Sewer requirements: 9200 GPD What is the estimated maximum sewage flow? Provide the calculations for this: 23 x 400 GPD = 9200 5. Solid waste requirements: in cubic yards per day? What is the estimated solid waste load 4.9 cu yds/day Provide the calculations for this: 23 x 1.5 = 4.9 cu yds/day 7 1 6. Parking: this project? How many on-site parking spaces will be provided for 53 spaces (23 x 2 = 46 +7 = 53 What provisions will be made for ingress and_egress? 2 - 24' wide entrances from North Lumina Avenue Will the project require any changes in the public street pattern or traffic control devices? 7. Fire protection: ______ n_o________________________________________ What is the construction classification: NC Building Code Type I Fireproof Reinforced Concrete Describe the fire protection provisions provided in the project: Sprinkler system, wet standpipe with hoses at each floor level, alarm system, firepump and emergency generator Fire flow requirements (obtain from Fire Chief): 1000 GPM 8. Police protection: Will project require Wrightsville Beach? No 9. this Wrightsville Beach Police Department any police protection What is the proposed construction start date: not normal to May '89 Estimated completion date? May '90 10. to minimize adverse environmental Describe fully all plans The primary dunes will not be disturbed but will impacts to the site: be reinforced and planted where they are low. Where construction is close to the CAMA line, any damage to dunes or natural growth will be repaired and planted with appropriate vegetation. All storm water will be retained on the site and discharged into the ground from retention ponds and rock filled reservoirs under paved areas. 2 11. Describe all proposed signs (size, construction, and location): One free-standing sign - not to exceed 64 sf will be placed at the south entrance (see site plan) 12. Describe a 11 buffering and. 1and scapi ng: All land area back of the CAMA line' not covered by building or pavement .will be grasses or planted with shrubs and trees native to the coastal environment. Tree and shrub buffers will be installed at side yard boundaries. All land beyond the CAMA line will be maintained in its natural state generally, but dunes will be replaced and reinforced if damaged and all low areas will be raised and planted with appropriate vegetation. By submission of this application, I hereby certify that all adjacent property owners have been notified, either verbally or in writing, of this proposed project. ****************************************************************************** Nineteen (19) copies of the site plan and this application shall be submitted ten (10) days prior to the regular Planning Board meeting date along with a $50.00 filing fee . .First Washington corporation Owner ~W,)'W ·, ' ,vJ=:_ c/o Cooperative Savings & Loan, 201 Market Street. Wilmington ~c_284Gl Address (919) 343-0181 Telephone Number Rex Corporation ~ Representative/Agent of Owner 1994 Eastwood Road, P.O. Box 475, Wrightsville Beach, NC 28480 Address (919) 256-2011 Telephone Number September 30, 1988 Date of Submission 3 Revised 8/87 TOWN OF WRIGHTSVILLE BEACH ORDER GRANTING A CONDITIONAL USE PERMIT The Board of Aldermen of the Town of Wrightsville Beach having held a public hearing on March 27, 1985 to consider the request submitted by First Washington Corporation, a request for a conditional use permit to use the property located on the eastern side of North Lumina Avenue Extension (R-2 ocean front) and having heard all the evidence and arguments presented at the hearing, makes the following Findings of Fact and draws the following Conclusions: 1. It is the Board of Aldermen's Conclusion that the proposed use does satisfy the first general requirement listed in the Ordinance; namely, that the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare. Findings of Fact to support this conclusion: All eight buildings will meet the requirements of the North Carolina Building Code. At the request of the Town, all building will have sprinkler systems as a protection against fire. The elevated first floor will be constructed of eight inches of reinforced concrete, with a four hour rating. This is a protection between the parking of automobiles underneath and the occupancy of the first floor above. The building_code only requires a two hour fire rating for this type of construction. systems. The project will be served by town water and sewer There will be no private wells or septic tanks on the property. Electric service on the site will be by underground lines. Thus, there will be no danger to persons or property from downed electric wires. buildings assaults. and There will be adequate lighting in and around the the parking lots, as security against criminal The buildings are designed to meet the standards for physically handicapped persons. The buildings are designed and will be constructed to withstand hurricane force winds. The first floor concrete construction is type 2 and the construction above is wood frame 1 type 6. The risk of hurricane or storm wave damage is minimal; the buildings will be a long distance from the ocean and the sound, well inside the CAMA setback lines. In addition, the concrete pillars on which the buildings stand will be well anchored with piling in the ground, and water can flow under the first floor with no adverse effect on the living quarters. Rain water will be collected in storm drains and then recirculated under the ground on the site, thus avoiding adding to any town storm drain system or dumping directly into sound or coean. The project will add substantially to the taxable values of real and personal property in the town and will provide tax and utility revenues for the general welfare of the town. 2. It :ls the Board of Aldermen's Conclusion that the proposed use does satisfy the second general requirement listed in the Ordinance; namely, that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor diminish or impair property values within the neighborhood. Findings of Fact to support this conclusion: By action of the Board of Aldermen, reconfirmed on March 18, 1985, the property adjoining on the south, owned by South Shell Venture, is zoned R-2, the same zoning as the 10.6 acre tract, and the property on the north is owned by North Shell Island Development Corp. and is zoned R-1. Unlike the usual situation, the Town Planning Board and Board of Aldermen have had the opportunity to plan and zone a large tract of land, known as North Shell Island, as a unit to create compatible uses and increase overall property values. This minimized any harm to adjoining properties. There is a 65-foot public access and parking area between the 10.6 acre tract and the R-2 land of South Shell Venture to the south. There is also a 10-foot public access on the north side of the 10.6 acre tract. These public areas serve as buffers between the 10.6 acre tract and adjoining land. The Wrightsville Dunes project has a density of 10 units per acre, which is moderate. An important factor is that the land to the east, from the building line to the ocean, will not be utilized for any construction except walkways to the beach, and the land to the west, across the avenue, has been zoned as conservation property, 2 prohibiting structures. Thus, considering all of the land connected with the project, from ocean to sound, the density factor is quite low, Instead of diminishing develoepr 1 s or impairing property values, the intention is to increase property values within the neighborhood. 3. It is the Board of Aldermen 1 s conclusion that the proposed use does satisfy the third general requirement listed in the ordinance; namely, that the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Findings of Fact to' support this conclusion: The normal and orderly development and improvement of the surrounding property is being achieved under a plan for all of North Shell Island which has been reviewed by the officials of the town, the Planning Board and the Board of Aldermen. The conditional use will not impede this development and improvement but is an essential part of it. 4. It is the Board of Aldermen 1 s conclusion that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely, that the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. Findings of Fact in support of this conclusion: There are no structures in the immediate neighborhood; for at least 2,000 feet north and south there is only vacant land. The proposed buildings, with their small scale and their use of materials and details, will blend with the traditional construction on Wrightsville Beach. The exterior architectural appeal and functional plan will not be at variance with or clash with the typical design of residential structures on various parts of the beach. The conditional use will not cause a depreciation in property values 3 within the neighborhood but will increase the attraction and value of the property, including adjoining land. 5. It is the Board of Aldermen's conclusion that the proposed use does satisfy the fifth general requirement listed in the ordinance; namely, that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Findings of Fact in support of this conclusion: The developers of Shell Island are constructing water and sewer lines, at their expense, to connect with the Town's system. Solid waste will be handled by the Town trash collection procedures. The developers are constructing the North Lumina Avenue Extension in accordance with D.O.T. and town standards and will dedicate this as a public highway. Ample parking is being provided off street. Fire hydrants are being erected and fire flow requirements will be met by 12-inch and 8-inch water lines available at th Lumina Avenue Police protection by the Town department is adequate and extension. no abnormal protection will be needed. Further details with regard to utilities are contained in the application itself. 6. It is the Board of Aldermen's conclusion that the proposed use does satisfy the sixth general requirement listed in the ordinance; namely, that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Findings of Fact in support of this conclusion: On-site parking of two bays per dwelling unit, or a total of 212 parking spaces, will be constructed. Addi tiona! spaces can be achieved if necessary. Five access points spaced 150 feet or more apart will provide safe entry. Sufficient site distances will be provided for the 35 m.p.h. speed limit. 7. It is the Board of Aldermen's conclusion that the proposed use does satisfy the seventh general requirement listed in the ordinance; namely, that the conditional use shall in all other 4 respects, conform to all the applicable regulations of the district in which it is located. Findings of Fact in support of this conclusion: The conditional use will conform to all of the regulations of the R-2 residential zoning requirements. district, including setbacks and parking The buildings, parking spaces and access points will be located west of the CAMA line and comply with the CAMA regulations. The roadway widths on the property will be 24 feet, as required. All regulations with regard to the town water, sewer and other utilities are being observed. The application for the conditional use permit was carefully reviewed by Town officials in 1984 and was found' by them, the Planning Board and the Board of Aldermen to conform to ordinances and regulations of the district. 8. It is the Board of Aldermen's conclusion that the proposed use does satisfy the eighth general requirement listed in the ordinance; namely, that public access shall be provided in accordance with the recommendations of the Town's Land Use Plan and Access Plan and/or the present amount of public access and public parking as exists within the Town now. Findings of Fact in support of this conclusion: Public parking and beach access will be provided at both the north and south ends of the 10.6 acre tract, all in accordance with the Town's Land Use and Access Plan. The beach is fully accessible to the public and no attempt is being made to create a "private beach". 9. Therefore, because the Board of Aldermen concludes that all general and specific conditions precedent to the issuance of a Conditional Use Permit have been satisfied, IT IS ORDERED that the application for the issuance of a Conditional Use Permit be granted, subject to the following conditions: (a) That applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions stated below. 5 (b) That if any section, subsection, paragraph, sentence, clause, phrase or portion of this Permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. (c) That the project shall be developed in accordance with the plan as submitted and approved. (d) That this Conditional Use Permit shall comply with all other supplemental regulations and requirements imposed by the Zoning Ordinance or any other applicable federal, state or local law, ordinance or regulations. In the event of a conflict, the more stringent requirement or higher standard shall apply. (e) Other Conditions: Those conditions set forth in Exhibit "A" attached hereto and incorporated herein. Ordered this 27th day of March, 1985. Mayor The signatures of the applicant and property owner bel01v indicate that the applicant and property owner have received this Conditional Use Permit together with all attachments. Any violations of the stated conditions will render this Permit null and void. To be valid this permit must be signed below by the applicant and owner and returned to the Town Clerk's office within thirty (30) days of 6 the date of approval as indicated below. (6) This Permit will expire six months from the date expiration begins as indicated below if within that six-months period a building permit has not been granted. The building permit will expire if construction is not commenced within six (6) months from the date of issuance of the building permit. I-; .s+ w~s"', w~'h" -----"M=a=r-"'c=h-'2::..;7'-'''--"1.:;...9.::.;85=------~cy,_;,,9 W. c.,,\""'"" "h ~ "' b 'j: ~ , \),c-e \)(es·,J,'"''i' APPLICANT Date of Approval ----=A.._pr=i::..:l:.....=2;:_;9L...,. .::1:..:;..9. ::..8;:_;5_ _ _ _ DAte of Expiration Begins :Y.G."Bax (()~::>, W: \vr,,b~Y'' )~ .C:. ;;tNt;;__ Address OWNER Address Date Signed by Owner and Applicant 7 EXHIBIT A FIRST WASHINGTON CORPORATION R-2 OCEANFRONT NORTH 1. Conditional use permit is for construction of 106 units on an area zoned R-2, total land area of 10.6 acres. 2. The site is located at the 2500 block of N. Lumina Ave. 3. Five dumpster sites shall be located within the site, the location and construction of which shall be approved by Public Works. 4. The five entrances to the project shall be a minimum of 24 ft. wide with 30 ft. radii . 5. A minimum of 212 parking spaces shall be provided with an additional spaces per building (21 extra spaces) for a total number of 233 spaces. 6. 3 Fire flow requirements for this project is 3,000 gpm with sprinklers. 7. A fire hydrant shall be located on the right hand side of each entrance to the project with 5 additional hydrants being placed within the project, the location of which to be approved by Chief Everett Ward. The construction type of the buildings is Type 6 which consists of concrete pilings with the first habitable floor being poured in place concrete. 8. 9. All exterior walls are to be 1-hour fire rated. 10. All units are to be separated by two 1-hour fire rated separations which shall extend to the roof line creating a two hour rated separation between each unit. NFPA 13 or 13-D sprinklering of all 11. accommodate fire flow requirements. units is to be provided to 12. Considerable fill will be brought into this site particularly at the south end. The total mass of dirt for protection on the site 11ill increase on the ocean front for wave action protection. 13. Fragile vegetation will be protected prior and during construction. 14. Sand dune and CAMA permits will be required prior to any grading work. 15. There shall be four boardwalks crossing dunes to the strand. 16. Water taps to buildings shall be looped together with a minimum of an 8 inch line. 17. Sewer lines will run from buildings to manholes within the site and from there to manholes in the street. Page 2 R-2 Oceanfront 18. The Town will assume responsibility only for water mains to the meter and sewer lines form manhole to manhole and the Town shall own water and sewer lines as well as the manholes. 19. Easements shall be furnished for work on water and sewer lines and shall be provided on the final recordable plat - minimum width 15 ft. 20. Pool water will be required to drain system and not the sewer system. 21. All storm water shall drain into the sewer system. 22. All codes shall the law. into the storm water retention be contained on site and will not be allowed to be conformed to both in the spirit and the letter of 23. A copy of the homeowners association by laws shall be filed with the Town prior to issuance of the Occupancy Permit as well as when any subsequent changes are made in addition to two copies of the recorded plat. 24. All conditions shall be met prior to the actual operation of the proposed use or a Certificate of Compliance being issued and the conditions required for approval shall be maintained for the life of this use irregardless of the ownership of the property or the use. 25. Adequate lighting shall be provided for the area. 26. A 50 foot public easement along the oceanfront landward from mean high tide shall be provided prior to the issuance of any Certificate of Compliance. Accessibility for the Fire Department shall be provided to the east side 27. of the buildings a minimum of every 50 feet with a 20 foot opening required except in the area of the retaining wall. 28. The G-1 area to the south side of this project shall be surfaced for parking and a handicapped walkover access ramp and walk shall be built from the parking area to the strand. This will ensure public access in accordance with Section 21-15 of the zoning ordinance and Section 18-17 of the subdivision ordinance. Plans and specifications shall be approved by Town department heads. Construction of sand fencing shall be required from and along the zoning 29. line on ocean front all around the property, and next to the road except at the opening for the boardwalks and shall be erected immediately. TOWN OF WRIGHTSVILLE BEACH ORDER GRANTING A CONDITIONAL USE PERMIT The Board of Aldermen of the Town of Wrightsville Beach having held a public hearing on March 27, 1985 to consider the request submitted by First Washington Corporation, a request for a conditional use permit to use the property located on the eastern side of North Lumina Avenue Extension (R-2 ocean front) and having heard all the evidence and arguments presented at the hearing, makes the following Findings of Fact and draws the following Conclusions: 1. It is the Board of Aldermen's Conclusion that the proposed use does satisfy the first general requirement listed in the Ordinance) namely, that the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare. Findings of Fact to support this conclusion: All eight buildings will meet the requirements of the North Carolina Building Code. At the request of the Town, all building will have sprinkler systems as a protection against fire. The elevated first floor will be constructed of eight inches of reinforced concrete, with a four hour rating. This is a protection between the parking of automobiles underneath and the occupancy of the first floor above. The building code only requires a two hour fire rating for.this type of construction. systems. property. The project will be served by town water and sewer There will be no private wells or septic tanks on the Electric service on the site will be by underground lines. Thus, there will be no danger to persons or property from downed electric wires. There will be adequate lighting in and around the buildings and the parking lots, as security against criminal assaults. The buildings are designed to meet the standards for physically handicapped persons. The buildings are designed and will be constructed to withstand hurricane force winds. The first floor concrete construction is type 2 and the construction above is wood frame, type 6. The risk of hurricane or storm wave damage is minimal; the buildings will be a long distance from the ocean and the In addition, the concrete sound, well inside the CAMA setback lines. pillars on which the buildings stand will be well anchored with piling in the ground, and water can flow under the first floor with no adverse effect on the living quarters. Rain water will be collected in storm drains and then recirculated under the ground on the site, thus avoiding adding to any town storm drain system or dumping directly into sound or coean. The project will add substantially to the taxable values of real and personal property in the town and will provide tax and utility revenues for the general welfare of the town. 2. It is the Board of Aldermen's Conclusion that the proposed use does satisfy the second general requirement listed in the Ordinance; namely, that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor diminish or impair property values within the neighborhood. Findings of Fact to support this conclusion: By action of the Board of Aldermen, reconfirmed on March 18, 1985, the property adjoining on the south, owned by South Shell Venture, is zoned R-2, the same zoning as the 10.6 acre tract, and the property on the north is owned by North Shell Island Development Corp. and is zoned R-1. Unlike the usual situation, the Town Planning Board and Board of Aldermen have had the opportunity to plan and zone a large tract of land, known as North Shell Island, as a unit to create compatible uses and increase overall property values. This minimized any harm to adjoining properties. There is a 65-foot public access and parking area between the 10.6 acre tract and the R-2 land of South Shell Venture to the south. There is also a 10-foot public access on the north side of the 10.6 acre tract. These public areas serve as buffers between the 10.6 acre tract and adjoining land. The Wrightsville Dunes project has a density of 10 units per acre, which is moderate. An important factor is that the land to the east, from the building line to the ocean, will not be utilized for any construction except walkways to the beach, and the land to the west, across the avenue, has been zoned as conservation property, 2 prohibiting structures. Thus, considering all of the land connected with the project, from ocean to sound, the density factor is quite low. Instead develoepr' s of diminishing or impairing property values, the intention is to increase property values within the neighborhood, 3, It is the Board of Aldermen's conclusion that the proposed use does satisfy the third general requirement listed in the ordinance; namely, that the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Findings of Fact to' support this conclusion: The normal and orderly development and improvement of the surrounding property is being achieved under a plan for all of North Shell Island which has been reviewed by the officials of the town, the Planning Board and the Board of Aldermen. The conditional use will not impede this development and improvement but is an essential part of it. 4. It is the Board of Aldermen's conclusion that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely, that the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. Findings of Fact in support of this conclusion: There are no structures in the immediate neighborhood; for at least 2,000 feet north and south there is only vacant land. The proposed buildings, with their small scale and their use of materials and details, will blend with the traditional construction on Wrightsville Beach. The exterior architectural appeal and functional plan will not be at variance with or clash with residential structures on various the parts of typical design of the beach. The conditional use will not cause a depreciation in property values 3 within the neighborhood but will increase the attraction and value of the property, including adjoining land. 5. It is the Board of Aldermen's conclusion that the proposed use does satisfy the fifth general requirement listed in the ordinance; namely, that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Findings of Fact in support of this conclusion: The developers of Shell Island are constructing water and sewer lines, at their expense, to connect with the Town's system. Solid waste will be handled by the Town trash collection procedures. The developers are constructing the North Lumina Avenue Extension in accordance with D.O.T. and town standards and will dedicate this as a public highway. Ample parking is being provided off street. Fire hydrants are being erected and fire flow requirements will be met by 12-inch and 8-inch water lines available at th Lumina Avenue extension. Police protection by the Town department is adequate and no abnormal protection will be needed. Further details with regard to utilities are contained in the application itself. 6. It is the Board of Aldermen's conclusion that the proposed use does satisfy the sixth general requirement listed in the ordinance; namely, that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Findings of Fact in support of this conclusion: On-site parking of two bays per dwelling unit, or a total of 212 parking spaces, will be constructed. Additional spaces can be achieved if necessary. Five access points spaced 150 feet or more apart will provide safe entry. Sufficient site distances will be provided for the 35 m.p.h. speed limit. 7. It is the Board of Aldermen's conclusion that the proposed use does satisfy the seventh general requirement listed in the ordinance; namely, that the conditional use shall in all other 4 respects, conform to all the applicable regulations of the district in which it is located. Findings of Fact in support of this conclusion: The conditional use will conform to all of the regulations of the R-2 residential zoning requirements. district, including setbacks and parking The buildings, parking spaces and access points will be located west of the CAMA line and comply with the CAMA regulations. The roadway widths on the property will be 24 feet, as required. All regulations with regard to the town water, sewer and other utilities are being observed. The application for the conditional use permit was carefully reviewed by Town officials in 1984 and was found· by them, the Planning Board and the Board of Aldermen to conform to ordinances and regulations of the district. It is the Board of Aldermen's conclusion that the proposed use does satisfy the eighth general requirement listed in the ordinance; namely, that public access shall be provided in 8, accordance with the recommendations of the Town's Land Use Plan and Access Plan and/or the present amount of public access and public parking as exists within the Town now. Findings of Fact in support of this conclusion: Public parking and beach access will be provided at both the north and south ends of the 10.6 acre tract, all in accordance with the Town's Land use and Access Plan. The beach is fully accessible to the public and no attempt is being made to create a "private beach". 9. Therefore, because the Board of Aldermen concludes that all general and specific conditions precedent to the issuance of a Conditional Use Permit have been satisfied, IT IS ORDERED that the application for the issuance of a Conditional Use Permit be granted, subject to the following conditions: (a) That applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions stated below. 5 (b) That if any section, subsection, paragraph, sentence, clause, phrase or portion of this Permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. (c) That the project shall be developed in accordance with the plan as submitted and approved. (d) That this Conditional Use Permit shall comply with all other imposed supplemental by the regulations Zoning and Ordinance requirements or any other applicable federal, state or local law, ordinance or regulations. In the event of a conflict, the more stringent requirement or higher standard shall apply. (e) Other Conditions: Those conditions set forth in Exhibit "A" attached hereto and incorporated herein. Ordered this 27th day of March, 1985. Mayor ATTEST: Town Clerk The signatures of the applicant and property owner below indicate that the applicant and property owner have received this Conditional Use Permit together with all attachments. Any violations of the stated conditions will render this Permit null and void. To be valid this permit must be signed below by the applicant and owner and returned to the Town Clerk's office within thirty 6 (30) days of the date of approval as indicated below. (6) This Permit will expire six months from the date expiration begins as indicated below if within that six-months period a building permit has not been granted. The building permit will expire if construction is not commenced within six (6) months from the date of issuance of the building permit. March 27, 1985 Date of Approval APPLICANT April 29, 1985 DAte of Expiration Begins Address OWNER Address Date Signed by Owner and Applicant 7 EXHIBIT A FIRST WASHINGTON CORPORATION R-2 OCEANFRONT NORTH 1. Conditional use permit is for construction of 106 units on an area zoned R-2, total land area of 10.6 acres. 2. The site is located at the 2500 block of N. Lumina Ave. 3. Five dumpster sites shall be located within the site, the location and construction of which shall be approved by Public Works. 4. The five entrances to the project shall be a minimum of 24 ft. wide with 30ft. radii. 5. A minimum of 212 parking spaces shall be provided with an additional spaces per building (21 extra spaces) for a total number of 233 spaces. 6. 3 Fire flow requirements for this project is 3,000 gpm with sprinklers. 7. A fire hydrant shall be located on the right hand side of each entrance to the project with 5 additional hydrants being placed within the project, the location of which to be approved by Chief Everett Ward. 8. The construction type of the buildings is Type 6 which consists of concrete pilings with the first habitable floor being poured in place concrete. 9. All exterior walls are to be 1-hour fire rated. 10. All units are to be separated by two 1-hour fire rated separations which shall extend to the roof line creating a two hour rated separation between each unit. NFPA 13 or 13-D sprinklering of all 11. accommodate fire flow requirements. units is to be provided to 12. Considerable fill will be brought into this site particularly at the south end. The total mass of dirt for protection on the site will increase on the ocean front for wave action protection. 13. Fragile vegetation will be protected prior and during construction. 14. Sand dune and CAMA permits will be required prior to any grading work. 15. There shall be four boardwalks crossing dunes to the strand. 16. Water taps to buildings shall be looped together with a minimum of an 8 inch line. 17. Sewer lines will run from buildings to manholes within the site and from there to manholes in the street. Page 2 R-2 Oceanfront 18. The Town will assume responsibility only for water mains to the meter and sewer lines form manhole to manhole and the Town shall own water and sewer lines as well as the manholes. 19. Easements shall be furnished for work on water and sewer lines and shall be provided on the final recordable plat - minimum width 15 ft. 20. Pool water will be required to drain system and not the sewer system. 21. All storm water shall drain into the sewer system. 22. All codes shall the law. into the storm water retention be contained on site and will not be allowed to be conformed to both in the spirit and the letter of 23. A copy of the homeowners association by laws shall be filed with the Town prior to issuance of the Occupancy Permit as well as when any subsequent changes are made in addition to two copies of the recorded plat. 24. All conditions shall be met prior to the actual operation of the proposed use or a Certificate of Compliance being issued and the conditions required for approval shall be maintained for the life of this use irregardless of the ownership of the property or the use. 25. Adequate lighting shall be provided for the area. 26. A 50 foot public easement along the oceanfront landward from mean high tide shall be provided prior to the issuance of any Certificate of Compliance. Accessibility for the Fire Department shall be provided to the east side 27. of the buildings a minimum of every 50 feet with a 20 foot opening required except in the area of the retaining wall. 28. The G-1 area to the south side of this project shall be surfaced for parking and a handicapped walkover access ramp and walk shall be built from the parking area to the strand. This will ensure public access in accordance with Section 21-15 of the zoning ordinance and Section 18-17 of the subdivision ordinance. Plans and specifications shall be approved by Town department heads. 29. Construction of sand fencing shall be required from and along the zoning line on ocean front all around the property, and next to the road except at the opening for the boardwalks and shall be erected immediately. TOWN OF WRIGHTSVILLE BEACH ORDER GRANTING A CONDITIONAL USE PERMIT The Board of Aldermen of the Town of Wrightsville Beach having held a public hearing on March 27, request submitted by Shell Investments, 1985 to consider the Inc., a request for a conditional use permit to use the property located on the east side of the extension of North Lumina Avenue (C-4 zoned property) and having heard all the evidence and arguments presented at the hearing, makes the following Findings of Fact and draws the following Conclusions: 1. It is the Board of Aldermen's Conclusion that the proposed use does satisfy the first general requirement listed in the Ordinance; namely, that the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare. Findings of Fact to support this conclusion: The construction of this building will be designed to meet the requirements for NC Building Code Type I. Fireproof concrete and steel, and to withstand coastal wind velocities. The design will utilize open air corridor access for all hotel units connected to stair towers. This assures smoke free ingress and egress. Three standpipes will be installed, one at each stair tower, with hose connections at each floor. 1,000 linear feet of hose will be provided to the WBFD as per their specification and request. The building will be equipped with an automatic smoke detector and heat alarm system plus manual emergency alarm pulls at all exits and in all public areas. The alarm system will be both visual and audible on each floor and at the ma.in desk. A complete commercial sprinkler system will be installed in compliance with all applicable regulations established by the State and the Town of Wrightsville Beach. The building will be equipped with a fire pump and a diesel generator to ensure adequate water pressure and normal operation of all life safety systems at all times. Fire hydrants will be provided as shown on the plans and locations will be subject to the approval of the WBFD. The project will be· served by the municipal systems for water, sewer and sanitation. The extension of facilities required to service this project and all others in the total development of Shell Island is being installed by the developers of the property and the tap and usage fees established by the town should ensure that this hotel and all projects proposed for Shell Island provide adequate funds for any other capital improvements required to meet increased demand and loads on municipal services. All storm water will be retained and managed on site in an underground system that will recharge the ground water aquifer. There will be no surface water runoff from this site. The on site parking provided complies with the town's ordinance and also the requirements stated in the CUA review of March 18, 1985. The parking provided is more than adequate for the facility proposed. A five-foot high security fence will be installed on all site boundaries adjacent to G-1 public parking areas as requested by the WBPD. This is approximately 593 linear feet of fence. The hotel will police its own parking with guards, or closed circuit television, or both if necessary. illuminated. 2 The entire site will be The project will add substantially to the tax and utility revenues for the general welfare of the town, as well as room tax revenues that will be added to the beach restoration fund of Wrightsville Beach. In regards to traffic, based on the observations and analysis of the Department of Transportation, the Town of Wrightsville Beach Chief of Police, Kimley, Horn and Associates, Inc., Engineers, and John McCracken and Associates, all parties find that traffic from the proposed 170-room hotel development, when added to the existing traffic and other proposed development traffic, would be adequately accommodated by the existing street network, including the intersection of Salisbury Street and Lumina Avenue. In addition to what has been described, Shell Investments, Inc. has also agreed to provide the following for the benefit of the Town of Wrightsville Beach and the general public. A 50-foot public easement along the oceanfront landward from mean high tide. Pave the public parking lot on the northern boundary and the vehicle access to the beach from North Lumina Avenue. Construct a public restroom adjacent to the north access of the design and size previously constructed by the town. Pave the public parking lot on the southern boundary and construct a boardwalk walk-over structure from the parking lot to the beach strand. 2. It is the Board of Aldermen's Conclusion that the proposed use does satisfy the second general requirement listed in the Ordinance; namely, that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity 3 for the purposes already permitted, nor diminish or impair property values within the neighborhood. Findings of Fact to support this conclusion: This property has been zoned C-4 by the Board of Aldermen. The property is bounded on the north by a G-1 tract to be developed for public access, parking and restrooms. It is bounded on the south by a G-1 tract to be developed for public access and parking. All land east of the CAMA Line is designated for conservation of public access. All land west of North Lumina Avenue is designated conservation. The Town of Wrightsville Beach has had the opportunity to plan and zone the entire Shell Island tract. The developers now involved in the various tracts had full knowledge of the zoning assigned and uses permitted. We do not believe that the proposed hotel will be detrimental in any way to any of the Shell Island projects, or to the Town of Wrightsville Beach. The existing hotels on Wrightsville Beach have not depressed the values of adjacent properties and there is no reason to believe that the hotel proposed for this site will have any negative impact on the adjacent properties. We believe that this project will be a positive influence on Shell Island, 3, It is the Board of Aldermen 1 s conclusion that the proposed use does satisfy the third general requirement listed in the ordinance; namely, that the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Findings of Fact to support this conclusion: The development and improvement of this property is proposed as a part of the overall plan for Shell Island which has been reviewed and approved by the town 1 s department heads, the Planning Board and the Board of Aldermen. The use proposed is one of those for which C-4 district was established. The owners of the tract to the south requested this zoning and sold it to Shell Investment, Inc. for use 4 as a hotel site, The property is bounded north and south by public parking areas, by public beach on the east and by North Lumina Avenue on the west. All land west of the street is designated conservation. The use proposed will not impede the development of surrounding properties described and, in fact, this developer has committed to accomplish the improvements planned for the G-1 properties at their expense, Therefore, it is apparent that the use proposed will not impact development and improvement of surrounding property and will actually accomplish much of it. 4, It is the Board of Aldermen's conclusion that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely, that the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood, Findings of Fact in support of this conclusion: There are no structures on Shell Island at this time, Therefore, there is no established character. This site was given C-4 zoning with clear understanding that a high-rise building would be constructed on it. The design proposed is totally functional, will utilize construction systems and materials that have performed well in similar structures on Wrightsville Beach. The developer, the architect, and all involved in this project are dedicated to creation of a building that will have great architectural appeal and landscaping that will enhance it. The construction of this project will not cause land values in the neighborhood to depreciate but will actually increase the value of this land and the entire Shell Island area by creation of a new high quality hotel facility on Wrightsville Beach. 5 5. It is the Board of Aldermen's conclusion that the proposed use does satisfy the fifth general requirement listed in the ordinance; namely, that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Findings of Fact in support of this conclusion: The developers of Shell Island are constructing water and sewer lines, at their expense, to connect with the town's systems. Solid waste will be handled by the town's sanitation department using standard procedures. The developers are constructing the North Lumina Avenue extension in accordance with DOT and town standards and Ample parking is being will dedicate this as a public highway. provided off street~ Fire hydrants are being installed and fire flow requirements will be met by 12-inch and 8-inch water lines available Police protection by the town at the Lumina Avenue extension. department is adequate and no abnormal protection will be needed. Further details with regard to utilities are contained in the application itself. 6. It is the Board of Aldermen's conclusion that the proposed use does satisfy the sixth general requirement listed in the ordinance; namely, that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Findings of Fact in support of this conclusion: The primary entrance has been designed to facilitate a smooth turn out and easy flow of traffic into the hotel. The exit drive is separated form the entrance by a generous island plaza. Driveway widths and turning radii are sized to accommodate buses and other large vehicles. A separate driveway is provided for service traffic and employee parking. On site parking is provided for 365 cars as requested by the CUA review. 7. It is the Board of Aldermen's conclusion that the proposed use does satisfy the seventh general requirement listed in the ordinance; namely, that the conditional use shall in all other 6 respects, conform to all the applicable regulations of the district in which it is located. Findings of Fact in support of this conclusion: The conditional use will conform to all of the regulations of the C-4 zoning district, including set-backs and parking requirements. The buildings, parking spaces and access points will be located west of the CAMA Line and comply with the CAMA regulations. The roadway widths on the property will be 24 feet, as required. All regulations with regard to the town water, sewer and other utilities are being The application for the conditional use permit was observed. carefully reviewed by the town department heads and was found by them and the Planning Board to conform to ordinances and regulations of the district. 8. It is the Board of Aldermen's conclusion that the proposed use does satisfy the eighth general requirement listed in the ordinance; namely, that public access shall be provided in accordance with the recommendations of the Town's Land Use Plan and Access Plan and/or the present amount of public access and public parking as exists within the Town now. Findings of Fact in support of this conclusion: Public parking and beach access will be provided at both the north and south ends of the 3,6 acre tract, all in accordance with the Town's Land Use and Access Plan. The beach is fully accessible to the public and no attempt is being made to create a "private beach". As stated previously, the developer has agreed to grant a 50-foot public easement along the ocean front landward from mean high tide. 9. Therefore, because the Board of Aldermen concludes that all general and specific conditions precedent to the issuance of a Conditional Use Permit have been satisfied, IT IS ORDERED that the application for the issuance of a Conditional Use Permit be granted, subject to the following conditions: (a) That applicant shall fully comply with all of the specific requirements stated in the ordinance for the 7 proposed use, as well as any additional conditions stated below. (b) That if any section, subsection, paragraph, sentence, clause, phrase or portion of this Permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. (c) That the project shall be developed in accordance with the plan as submitted and approved, (d) That this Conditional Use Permit shall comply with all other supplemental regulations and requirements imposed by the Zoning Ordinance or any other applicable federal, state or local law, ordinance or regulations. In the event of a conflict, the more stringent requirement or higher standard shall apply. (e) Other Conditions: Those conditions set forth in Exhibit "A" attached hereto and incorporated herein. Ordered this 27th day of March, 1985. Mayor ATTEST: Town Clerk The signatures of the applicant and property owner below indicate that the applicant and property owner have received this 8 conditional Use Permit together with all attachments. Any violations of the stated conditions will render this Permit null and void. To be valid this permit must be signed below by the applicant and owner and returned to the Town Clerk's office within thirty (30) days of the date of approval as indicated below. This Permit will expire six (6) months from the date expiration begins as indicated below if within that six-months period a building permit has not been granted. The building permit will expire if construction is not commenced within six (6) months from the date of issuance of the building permit. March 27,'1985 Date of Approval APPLICANT April 29, 1985 Date of Expiration Begins Address OWNER Address Date Signed by Owner and Applicant 9 EXHIBIT A SHELL INVESTMENTS, INC. C-4: SHELL ISLAND HOTEL 1. Automatic smoke detector and heat alarm system plus a manual pull type emergency alarm. Alarm system shall be both visual and audible on each floor and at the main desk. A sprinkler alarm system to the main desk will be required. Automatic venting system of kitchen and laundry room shall be provided. 2. Sprinklers with NFPA 13 commercial heads in all areas other than the individual units. The units will have a commercial system with residential heads (13-D) provided they comply with all applicable laws and insurance credits. Elevators shall be wired so they will run from emergency generator power. Standpipes shall be required. 3. A 6 ft wide by 6 inch deep concrete sidewalk shall be provided on the right of way between the south and north G-1 ocean access points. 4. A security system such as closed circuit television or patrolling security guards shall be provided in parking areas. 5. The main entrance radii shall be a minimum of 30 ft. A separation island a minimum of 3 ft. wide shall be provided at the main ramp entrance for safety egress. Service entrance radii shall be a minimum of 24 ft. with no islands. 6. A minimum 5 ft. high security fence shall be provided within the site adjacent to all G-1 areas. 7. Adequate lighting shall be provided for the area. 8. In lieu of fire hose being provided at each stand pipe location on each floor, 1,000 linear feet of Angus Red Chief 1-1 1/2 inch fire hose with Fire Department National Standard threads shall be provided to the Fire Department. No fire hose closets will be required. Hose connections shall be required. 9. Hydrants shall be provided as shown on the plans submitted to and dated by Public Works as 3/8/85. 10. All other applicable permits shall be obtained. state, and town ordinances shall be complied with. All applicable federal, 11. A 50 foot public easement along the oceanfront land1vard from mean high tide shall be provided prior to any Certificate of Compliance being issued. 12. The Town requests the owners to limit deliveries to the hotel hours between 9:00 A. M. and 4:00 P. M. to the 13. Improve the G-1 area to the south by surfacing the parking lot and installing a handicapped boardwalk/walkover structure from the parking lot to the strand as per Public Works' specifications. This will ensure public access in accordance with Section 21-15 of the zoning ordinance and Section 18-17 of the subdivision ordinance. Plans and specifications sha 11 be approved by Tmvn Department Heads. Page 2 Shell island Hotel 14. Improve the northern G-1 area including surfacing the parking lot, surfacing the vehicle access from North Lumina Ave. to the beach and building a bathroom facility in the same design and size as the two already built. This will ensure public access in accordance with Section 21-15 of the zoning ordinance and Section 18-17 of the subdivision ordinance. Plans and specifications shall be approved by Town Department Heads. 15. Construction of a sand fence shall be required from and along the zoning line on the ocean front all around the property and next to the road except in the opening for the boardwalks and shall be erected immediately. 16. The restaurant/lounge shall have a total seating capacity of 150 persons. TOI'IN OF WRIGHTSVILLE BEACH ORDER DENYING A CONDITIONAL USE PERMIT The Board of Aldermen of the Town of Wrightsville Beach having held a public hearing on February 13, 1985 to consider the request submitted by Shell Investments, Inc. , a request for a conditional use permit to use the property located at North Shell Island (C-4 zoned property) and having heard all the evidence and arguments presented at the hearing, makes the following Findings of Fact and draws the following Conclusions: 1. It is the Board of Aldermen 1 s Conclusion that the proposed use does not satisfy the first general requirement listed in the Ordinance; namely, that the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare. Findings of Fact to support this conclusion: A. The proposed hotel will generate more traffic than would a residential unit that could be constructed on the subject property. B. A hotel will generate commercial traffic to include service trucks and related traffic that will create a hazard and impact adversely on property along North Lumina Avenue on which these commercial vehicles would have to travel. c. A hotel will generate late night traffic with its restaurant and lounge facilities which traffic will create a hazard and impact adversely on the property along North Lumina Avenue across which this traffic must travel. 2. It is the Board of Aldermen 1 s Conclusion that the proposed use does not satisfy the second general requirement listed in the Ordinance; namely, that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor diminish or impair property values within the neighborhood. Findings of Fact to support this conclusion: A. The proposed hotel will generate more traffic than would a residential unit that could be constructed on the subject property. B. A hotel will generate commercial traffic to include service trucks and related traffic that will create a hazard and impact adversely on property along North Lumina Avenue on which these commercial vehicles would have to travel. c. A hotel will generate late night traffic with its restaurant and lounge facilities which traffic will create a hazard and impact adversely on the property along North Lumina Avenue across which this traffic must travel. 3. proposed use It is the Board of Aldermen's conclusion that the (does/does not) satisfy the third general requirement listed in the ordinance; namely, that the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Findings of Fact to support this conclusion: A. B. c. D. E. 4. proposed use It is the Board of Aldermen's conclusion that the (does/does not) listed in the ordinance; satisfy the fourth general requirement namely, that the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. Findings of Fact in support of this conclusion: A. B. c. D. E. 5. proposed use It is the Board of Aldermen's conclusion that the (does/does not) listed in the ordinance1 satisfy the fifth general requirement namely, that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Findings of Fact in support of this conclusion: A. B. c. D. E. 6. proposed use It is the Board of Aldermen's conclusion that the (does/does not) satisfy the sixth general requirement listed in the ordinance1 namely, that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Findings of Fact in support of this conclusion: A. B. c. D. E. 7. It is the Board of Aldermen's conclusion that the proposed use (does/does not) satisfy the seventh general requirement listed in the ordinance1 namely, that the conditional use shall in all other respects, conform to all the applicable regulations of the district in which it is located. Findings of Fact in support of this conclusion: A. B. c. D. E. 8. proposed use It is the Board of Aldermen's conclusion that the (does/does not) satisfy the eighth general requirement listed in the ordinance; namely, that public access shall be provided in accordance with the recommendations of the Town's Land Use Plan and Access Plan and/or the present amount of public access and public parking as exists within the Town now. Findings of Fact in support of this conclusion: A. B. c. D. E. 9. Therefore, because the Board of Aldermen concludes that one or more general and specific conditions precedent to the issuance of a Conditional Use Permit have been satisfied, IT IS ORDERED that the application for the issuance of a conditional Use Permit be denied. Ordered this 13th day of February, 1985, Mayor ATTEST: Town Clerk CONDITIONAL USE PERMIT APPLICATION TOWN OF WRIGHTSVILLE BEACH, NORTH CAROLINA ' •f 1 •. •General description and lot dimensions including street frontage, sireet ~ddress, and proposed use: , The property is 10.6 acres located east of the proposed N. Lumina Ave. extension. Aeproximately 1300 linear feet of road frontage exists. t:oning district of site: 2. requented? 3•. llater requirements: this: Are any var lances R-2 If so state request: No gallons per day? Mixed townhouse and flat What is the estimated maximum water demand in 42 400 gal. 400 gal/unit x 106 units Provide = 42,400 the calculations for gallons per day - (swimming pool) What is the water main size available at the site? 8" water main is pro!?Osec 4. Sewer requirements: What is the estimated maximum sewage flow? Provide· the calculations for this: .1!1.0. c;ml /unit x 106 units - 42.400 . 5. <;~allons Solid waste requirements: in cubic yards per day? What is the estimated solid waste load .,1_,_4_c"'ub=l:.:'c"-'y-"a"'r.:::d::s_q>e'F'r'--'d"'a"'y'---------------- Prov:.c.le the calculations for this: by 5 gays - 14 cubic yards per day 1 .67 x 106 units = 71.02 yards divided Parking: How many on-site parking spaces will be provided for this project? 2 parking bays per dwelling unit or 212 total parking spaces What provisions will be made for ingress and egress? Five access points spaced 150 feet or more apart are proposed in order to provide safe entry. Sufficient sLta-ctistance js proyided for a 35 mph speed limit. ·wil.'~ the project require any changes in the public street patter.n or traffic control devices? 7. Fire protection: What is the construction classification: Type VI One Hour Protected . The first floor will be constructed of poured-in-place concrete w~th concrete pll1ngs. Describe the fire protection provisions provided in the project: All exterior walls will be one hour rated. All walls beboleen units will also be one hour rated. Adequate fire hydrants will be provided as indicated on the site plan. Fire flow requirements (obtairi from Fire Chief): 12" and 8" lines are available at the Lumina Avenue extension. 8, Police protection: Will this project Wrightsville Beach? 9, require What is the proposed.construction start'date: 10. line. to February 1985 A timely phased .construction is anticipated. Describe fully all plans to minimize adverse environmental impacts to the site: ~rkinq normal ~No~~----------------------------------------------- Estimated completion date? .. any police protection not In order to preserve the primary dune, all buildings, and access points are located west of the Coastal Area Management Act (CAMA) The buildings are in the trough adjacent to the primary dune (see plan), and elevated walkways (4) provide controlled access to the beach. 2 '· 11. Describe all proposed signs (size, construction, and location): . Fiye (5) free stan4ing signs (10 sg.ft. each) are located at each entry according to standard set back requirements. Each sign will be constructed of durable wood and landscaped to reflect toe character of the area. Pressure treated wood will be used for in-ground supports. __12. Describe all buffering and landscaping: A 25 foot buffer strip along Lumina Ave, includes existing dunes and additional landscaping to protect the site and reduce wind erosion. Dunes are preserved where passible; and when earth moving is required. the dunes are reshaped to preserve the natural character of the beach. By submission of this application I hereby certify that all adjacent property owners have been notified, either verbally or in writing, of this proposed project. ********************************************************************** Sevente~n (17) copies of the site plan and this application shall be submit ted ten ( 10) days prior to the regular ·Planning Board meeting date along with a $25.00 filing fee. North Shell Island Development Corporation Owner- P. 0. Box 1328, Wilmington, NC Address 919/763-8454 Telephone N~u-m-.b_e_r 28402 __________________________ John Elnure Representative/Agent of Owner 2714 M3rket Street. Wj Jrojngton, N. C, Address 919/763-8454 Telephone Number 2B403 2 November 1984 Date of Submission 3 TOWN OF WRIGHTSVILLE BEACH MUNICIPAL COMPLEX 321 CAUSEWAY DRIVE • P.O. BOX 626 W R I G H T S V I L L E B E A C H , N. C. 2 6 4 8 0 • 9 1 9 • 2 5 6 • 2 2 4 5 January 11, 1985 CONDITIONAL USE PERMIT NORTH SHELL ISLAND DEVELOPMENT CORP. WRIGHTSVILLE DUNES. R-2 SECTION ONLY This conditional use pennit is granted based on the following ctmditions: 1. This conditional use.pennit is granted for construction of 106 units on an area zoned R-2, total land area of 10.6 acres only. 2. This site is located at the 2500 block of N. Lumina Avenue. 3. Four dumpster sites have been proposed. An additional dumpster site in the location of the pool, cabana and boardwalk near the middle shall be provided. This new location as well as construction of the remaining dumpster pads shall be approved by the Director of Public Works. wide. 4. The five entrances to the project shall be a minimum of 24 feet 5. A minimum of 212 parking spaces shall be provided with an additional three spaces per building (total of 21 parking spaces) also provided for a total of 233 spaces for this entire project. 6. Fire flow requirements for this project is 4,000 gpm. 7. There shall be a fire hydrant on the right hand side of each entrance to the project and five hydrants within the site. Fire hydrant .Placement shall be approved by Fire Chief Everett K. Ward, Jr. 8. The construction of the buildings is type 5 or 6 which consists of concrete pilings and the first habitable floor poured in place concrete. 9. All exterior walls are to be 1-hour fire rated. 10. All units are to be separated by two 1-hour fire rated walls creating a two hour rated wall between each unit. 11. NFPA 13-D sprinklering of all units is to be provided to accomodate fire flow requirements. 12. Considerable fill will be brought into this site particularly at the south end. The total mass of dirt for protection on the site will increase on the oceanfront side for wave action protection. increased. done. 13. Fragile vegetation will be protected at all times. 14. Sand dune pennits will be required prior to any grading work being CONDITIONAL USE PERMIT NORTH SHELL ISLAND DEVELOPMENT - R-2 WRIGHTSVILLE DUNES PAGE 2 15. There shall be four boardwalks crossing the dunes to the oceanfront plus a public access on each end constructed .and dedicated to the Town. 16. The water taps to the buildings shall be looped together with a minimum of an 8 inch line with a minimum of 4" taps and meters to each building. 17. Sewer lines will run from buildings to manholes within the site and from there to manholes in the street. 18. The Town will assume responsibility only for water mains to the meter and sewer lines from manhole to manhole. 19. Easements shall be furnished for work on water and sewer lines and shall be provided on the final recordable plat. 20. Pool water will be required to drain into the storm water retention system and not in the sewer system. · 21. All storm water shall to drain in the sewer system. 22. All of the law. be contained on-site and will not be allowed codes shall be conformed to both in the spirit and the letter 23. A copy of the homeowners association by-laws shall be filed with the Town as well as two copies of the recorded plat. 24. All conditions shall be met prior to the actual operation of the proposed use and the conditions required for approval shall be maintained for the life of this use irregardless of the ownership of the property or the use. 25. lighting sha l1 be provided as shown on the submitted plans. {Minimum .2 foot candles throughout the site.) The applicant's and owners signatures indicate that they have read the conditions stated above and agree to them. Any violations of the stated conditions renders this permit null and void. To be valid this form must be signed by the applicant and owner, and returned to the Town Clerk's office within thirty {30) days of the date of approval indicated below. This permit shall expire six {6) months form the date of approval of a building permit, if required is not obtained or an extension is not granted. ·The building permit shall expire six {6) months from the date of issuance if construction on the building has not commenced within six months. CONDITIONAL USE PERMIT NORTH SHELL ISLAND DEVELOPMENT CO. R-2 WRIGHTSVILLE DUNES PAGE 3 December 13, 1984 DATE OF APPROVAL Janua r~ 11, 1985 DATE E PIRATION BEGINS H. H. PERRY, JR. TOWN CLERK BY: _ _ _ _ _ _ _ _ _ __ APPLICANT DATE ACCEPTED OWNER ADDRESS Town of Wrightsville Beach DEPARTMENT OF PUBLIC WORK> 200 Parmele Boulevard Wrightsville Beach, N.C. 28480 (919) 256-4148 November 28, 1984 Memorandum to: Planning Board From: John T. Nesbitt Subject: North Shell Island Development Corp. Wrightsville Dunes Conditional Use Application The conditional use application is for the oceanfront R-2 zone. The tract is 10.6 acres allows 106 units which is what the developer is proposing. 1. The general description and lot dimensions including site frontage is as stated on the application. This site would be in the 2500 block of North Lumina Ave. 2. No variances are requested. 3. Calculations are accurate. 4. Sewer requirements are correct. 5. Solid waste figures dumpster pad sites shown on the are approximately 620 feet apart walk in the middle. There needs this high traffic area. We feel arc hi teet. are correct. There are four plan, however, the southern two with a pool, cabana, and boardto be an additional dumpster in this can be worked out with the 6. 212 parking spaces are required an9 212 are provided. We recommend that at least three additional spaces per building (21 additional spaces) be provided. Although they technically meet the requirements we feel there needs to be a buffer to accommodate visitors, etc. There are five entrances into the project which scale out to be 18 feet wide - this is too narrow. Entrances should be a minimum of 24 feet wide. No doubt the Police and Fire Chiefs will comment on this also. Memo - CUA - North Shell Island Page 2 November 28, 1984 7. The construction classification for these buildings is type 6 protected which consists of concrete pilings and the first habitable floor being poured in place concrete. All exterior walls are 1- hour rated. Units are separated by two 1-hour rated walls creating a two hour rated wall between units. There is a fire hydrant shown on the right hand side of each entrance to the project and five hydrants within the site. There is no indication that these buildings will be sprinklered. However, the 30 feet of separation between buildings and the one hour protected rating makes them less vulnerable to fire spread than those proposed in the South Shell Island sound side tract. We do feel that consideration should be given to a sprinkler system. Fire flow requirements for this project are 4,000 gpm (see subdivision requirements for main line size). 8. No comment. 9. No comment. 10. These buildings are located 20 to 25 feet west of the CAMA line in the trough behind the primary dune. It should be understood that considerable fill will have to be brought into this site particularly at the south end. The total mass of dirt for protection on the site will be increased. Fragile vegetation will be protected at all times. There are four boardwalks crossing the dunes to the oceanfront plus a public access on either end. Sand dune permits will be required prior to any grading work. 11. No comment. 12. See comments in 10 above. Additional Comments 1. Side yard setbacks - there are 30 feet of setback from each property line line to the first bulding and a minimum of 30 feet between buildings with 76 feet between buildings B and C and 80 feet between buildings F and G. There is 1,285 feet of property frontage with 15 feet required for the first 100 feet and 15 feet for each additional 50 feet of frontage. There are 23 50-foot sections x 15 feet for 345 feet plus the 15 feet for the first 100 feet or a total of 360 feet of side yard setback 366 feet have been provided. Buildings are set back a minimum of Memo - CUA - North Shell Island Page 3 November 28, 1984 20 feet from the CAMA line and 200 feet from the first line of vegetation. Buildings are a minimum of 50 feet from the rightof-way. These are more than adequate. 2. Water lines are shown on the plan. Five separate water taps are shown for the eight buildings but no loops are shown. These lines must be tied together with a minimum of an 8 inch line with taps being a minimum of 8 inches. I feel certain the developers will want to redesign this since we cannot allow dead end linea. Sewer linea will run from buildings to manholes within the ai te and from there to manholes in the street. The Town will take responsibility only for water mains to the meter and sewer lines from manhole to manhole. Required easements for work on water and sewer linea must be provided on the final recordable plat. 3. The proposed adequate information to a 10 year storm. More the project since storm storm water system does not provide determine if it will handle rainfall from information is needed on this aspect of water must be contained on-site. 4. Pool water will be required to drain into the storm water retention system and not the sewer system. cc: Mr. Paul Boney . .' CONDITIONAL USE PERMIT APPLICATION TOWN OP WRIGHTSVILLE BEACH, NORTH CAROLINA 1. Ge~eral description and lot dimensions including street frontage, street address, and proposed use: ·. 3.6 acre site at northern limit of Shell Island Extension. 424 1 • 2. Ocean frontage 666 1 Proposed use- 170 unit resort hotel. C-4 Zoning district of site: requested? 3. • Water requirements: this: Are any variances If so state request: None gallons per day? Road frontage What is the estimated maximum water demand in 31,080 GPD Provide the calculations for Calculations attached. What is the water main size available at the site? 8" and 12" pAraii~l mains will be available. 4. Sewer requirements:' 31 080 GPD 5. What is the estimated maximum sewage flow? Provide the calculations for this: Solid waste requirements: in cubic yards per day? Calculations attached What is the estimated solid waste load 16.37 cu yds per day. Provide the calculations for this: 1 Calculations attached, 6. Parking: How many on-site parking spaces will be provided for this project? 310 spaces (on 2 levels) What provisions will be made for ingress and egress? from North Lumina Extension, both levels. Access direct Separate service drive. Will the project require any changes in the public street pattern or traffic control devices? 7. Fire protection: ____N_o_._________________________________________ What is the construction classification: NC Building Code Type I - Fireproof concrete and steel. Describe the fire protection provisions provided in the project: Sprinkler system, 3 standpipes with hoses at each floor level, fire pump and emergency generator. Open corridor design. Fire flow requirements (obtain from Fire Chief): 8. Pollee protection: Will this project Wrightsville Beach? 9. lvrightsville Beach Police Department require any police protection not normal to ___...;N~o;:.________________________ What is the proposed construction start date: June 1985 June 1986 Estimated completion date? 10. 2500 GPM Describe fully all plans to minimize adverse environmental impacts to the site: The primary dunes will not be disturbed but will be reinforced and planted where they are low. Where construction is close to the CAMA line, any damage to dunes or natural growth will be repaired and planted with appropriate vegetation. All storm water will be retained on the site and discharged into the ground from retention ponds and rock filled reservoirs under paved areas. 2 11. Describe all proposed signs (size, construction, and location): ' The primary sign near the entrance will be approximately 25 1 long and 4' high (not to exceed 100 sf ft), This sign Jtill be freestanding. Location is sh01m on site plan. Directional and information signs normal to a resort hotel will be low profile 12. Describe all buffering and landscaping: All land area back of the CANA line not covered by building or pavement will be grassed or planted with shrubs and trees native to the coastal environment. Tree and shrub buffers will be installed at side yard boundaries and along public parking area at the Lumina Avenue frontage, All land beyond the CA}~ line will be maintained in its natural state generally, but dunes will be replaced and reinforced if damaged and all low areas will be raised and planted with appropriate vegetation, By submission of this application I hereby certify that all adjacent property owners have been notified, either verbally or in writing, of • this proposed project. ********************************************************************** Seventeen (17) copies of the site plan and this application shall be submitted ten (10) days prior to the regular Planning Board meeting date along with a $25.00 filing fee. Shell Investment, Inc, Owner 408-1/2 State Street, Greensboro, NC 27405 Address 919-275-8586 Telephone Number Robert Sawyer - Ballard, NcKim and Sawyer, Architects Representative/Agent of Owner 612 South 17 Street, lvilmington, NC 28401 Address 919-762-2621 Telephone Number January 4, 1985 Date of Submission 3 BALLARD, McKIM & SAWYER, ARCHITECTS 612 S. 17TH ST. P.O. BOX 3667 WILMINGTON, N.C. 28406 PHONE 919-762-2621 January 3, 1985 SHELL ISLAND HOTEL Conditional Use.Application Calculations 1 - Water Requirements 170 hotel suites with cooking facilities x 125 GPD Indoor Pool 1000 sf Outdoor Pool 1200 sf Total pool area 2200 sf 21,250 Capacity @ 12 sf/person = 183 183 x 10 gals. = 1,830 Restaurant - 200 seats @ 40 gals per seat 8,000 Total Estimated Water use 31,080 GPD 2. Sewer Requirements: 31,080 GPD 3. Solid Waste Requirements: ,67 x 170 units 7 day pickup = 16.37 cy, yds, Use 3 - 6 yd dumpsters FRANK I. BALLARD, AlA HERBERT P. McKIM, AlA ROBERT W. SAWYER, FAIA ELIAS J. MARSH, II, AlA Town of Wrightsville Beach DEPARTMENT Of PUBLIC WORKS 200 Parmele Boulevard Wrigh1sville Beach. N.C. 28480 (919) 256-4148 CONDITIONAL USE APPLICATION REVIEW Department of Public Works Police Department Fire Department Parks & Recreation Department Department of Administration Project: Address: Date: Shell Island Hotel 2700 North Lumina Ave. March 18, 1985 Revised plan submitted and dated March 8, 1985 1. General description: 2. Zoning district: Accurate. Accurate. Variance requests: None. 3. Water requirements: Accurate. 4. Sewer requirements: Accurate. 5. Solid waste requirements: 170 units = 113.9 120 seat restaurant/lounge = 20.1 113.9 + 20.1 = 134 .;. 7 = 19.0 3 6-yd dumpsters needed = 18.0 6. Parking: Spaces provided: Employee spaces: 325 30 cu cu cu cu yds yds yds yds a a a a week week day day Handicapped provided: Total: 365 10 Required spaces: 325 Handicapped required: Employee spaces required: 30 Total: 365 10 170 units X 1.5 Remarks: 120 seats rest/lounge 200 seat mtg room •• 4 sub-total 60 employees .!.• 2 Total = 255 spaces = 30 = 50 = 335 = 30 = 365 CUA Review (C-4) Page 2 March 18, 1985 Ingress/egress: Changes in street pattern: 7. Fire protection: See recommended conditions. Construction classification: Protective provisions: Type 1. Sprinklers, standpipes, etc. Fire flow requirements: 2,500 gpm. 8. Police protection: 9. Construction start date: Completion date: No problem. June, 1986. 10. Environmental impacts: 11. Signs: June, 1985. As described. No problem. 12. Buffering: No problem. Recommended conditions: 1. Automatic smoke detector and heat alarm system plus a manual pull type emergency alarm. Alarm system shall be both visual and audible on each floor and at the main desk. A sprinkler alarm system to the main desk will be required. Automatic venting system of kitchen and laundry room shall be provided. than with laws from 2. Sprinklers with NFPA 13 commercial heads in all areas other the individual units. The units will have a commercial sys tern residential heads (13-D) provided they comply with all applicable and insurance credits. Elevators shall be wired so they will run emergency generator power. Standpipes shall be required. 3. A 6 ft wide by 6 inch deep concrete sidewalk shall be provided on the right of way between the south and north G-1 ocean access points. 4. A security system such as closed circuit television or patroling security guards shall be provided in parking areas. 5. The main entrance radii shall be a minimum of 30 ft. A separation island a minimum of 3 ft wide shall be provided at the main CUA Review (C-4) Page 3 March 18, 1985 ramp entrance for safety egress. minimum of 20 ft with no islands. Service entrance radii shall be a 6. A minimum 5 ft high security fence shall be provided within the site adjacent to all G-1 areas. 7. th.I:.o.u.ghou t a. location inch fire provided required. A-m-i-n-i-m-u-rn-o-f • 2--f-e&t~d-1 e s . of 1 i·'iJ-h·t--frha-1-1-bhP,X')D-v.i.d!l d t 11 e s i~ e. (Lc&_~_1 V--G:.-fu, _Q_,___a,h:h.-,'- o, <;:. ~l\.lC Il_Q ~.1.~-"t.cl'-c!'!>J 1 In lieu of fire hose being provided at each stand pipe on each floor, 1,000 linear feet of Angus Red Chief 1-1/2 hose with Fire Deparment National Standard threads shall be to the Fire Department. No fire hose closets will be Hose connections shall be required. 9. Hydrants shall be provided as shown on the plans to and dated by Public Works as 3/8/85. submitted 10. All other applicable permits shall be obtained. All applicable federal, state, and town ordinances shall be complied with. 11. A SO ft public easement along the oceanfront landward from mean high tide shall be provided. 1~- ~... ; The-<:>pel:'a-~-ion woul-d~eTivery-erucks J?ef~-:;,Ot;r";AM antt~;~ t~O~~~·~~~~ ~ '.\>-J_J:L , $ AI ~1-<!P' ~ I,)M)-1\PAA.'fo , ~ cJ.L~AM~~ T~l)lung_g£ba-r--weu-14-be_cl.esed-to--thepui5T1c-crt·-1'"2·rOO-m-id- ~~r-rouna: 14. Improve the northern G-1 area including surfacing the parking lot, surfacing the vehicle access from North Lumina Ave. to the beach and building a bathroom facility in the same design and size as the two we have already built. This will ensure public access in accordance with Section 21-15 of the zoning ordinance and Section 1817 of the subdivision ordinance. Plans and specifications shall be approved by Town Department Heads. b~Vl.J>-i"-lA-4 Q'\~ 15. Improve the G-1 area to the south by surfacing the parking lot and installing a boardwalk/walkover structure from the parking lot to the strand as per Public Works' specifications. This will ensure public access in accordnce with Section 21-15 of the zoning ordinance and Section 18-17 of the subdivision ordi~nance. Plans and specifications shall be approved by Town Department Heads. Dw12Jo~O<O(\.U It should be noted that conditions 12 and 13 have been voluntarily agreed to by the applicant and these conditions (1 through 15) are acceptable to them. Town of Wrightsville Beach DEPARTMENT OF PUBLIC WORKS 200 Parmele Boulevard Wrightsville Beach, N.C. 28480 (919) 256-4148 Me ;;(~ ~~rt-) /;;za.J..;.!v-; /~ 6I~.--'"0 0 cJ f- c9 -0 ?'c>t:.< /,5( 7 /jUt/ )'h_ c/-lf'' ~~.ri j 4 T c;;;; yfi:__ .>/!c..// .,2~ /fi'(/v.c:}. I '€_ /et?'- 6'-'-"/H/k.J ce- #a> nv< c) ~)'r--y; ~ /7fM--r /'?> _, y,_ eJ Official Check No. NCNB National Bank of North Carolina 73 o 5o 2 66-25/531 ! 7-31-86 City/Branch Date WILMJNGroN MARKET STREET Pay to the Order of WWN OF WRIGHTSVTI.LE BEACH M~~~~-~············~ $ UJI'INBe::.J' r.::~.z ~w • ...... •li~ ~~~~~ .t!·l! , ,,1:'t~/t~rul . ' "'r ,·"'~· rr~. wit ..• ttl# I l ,,]1 lB.ooo.oo _ _ _ _ _ _ _ _ Dollars Remitter or Purchased By '-~A~!} ..6..7~.:...~~ MILLER BUILDING CONSTRUCTION, •:o 53 loOO 2 58•: u•O? :10 50 2u• jJ • 7'J ;,___ :__U 0. /7. ,· ~- /_ :... __.., c"'· ,.,. /'i 1--~, ~ c // ./ . 1/ . . • • i- ·---, I ~ -- "--<~ / /£;:' . -::....:Vv· ''...·'-..- ,:_"'-__..e)V''-- - -.. . . _ o:..-, -rf~~r~-· ·' .. -~ I L ··-:__ .;::..(:.___. ( 01,0 20 \" ~-< ~~ ) I / /~--·'J~-'1/t~·,__e- . I ---j·' c.z:__...-c- 1J_. // .£.. ·~---- \y ~ I /'1 - '. "' J/i y:/;.v-v [r../,L,-f;-~Q__.j 7 .' ~ l' r< ~ ~~ ,· _/_.?--·<.-{ . ;! . ~...-....-..._c:- I _ _ / / -/! /l ll ~d._4_ U:.~{.j 1 [;~~1_ tl.L C "' -~L/u c~f" " ,;_- .......: -1' .... . - ............___ . v.J ~'- \.} . ~?I \ I _:sr \,_' ~~ ~ \j ~\J~ ..~ ~:,./ ~ I" C; ~ -) Town of Wrightsville Beach DEPARTMENT OF PUBLIC WORKS 200 Parmele Boulevard Wrightsville Beach, N.C. 28460 (919) 256-4140 SHELL ISLAND HOTEL 9:00 AM; July 31, 1986 PERFORMANCE BOND MADE OUT TO TOWN OF WRIGHTSVILLE BEACH IN FORM OF CERTIFIED CHECK IN THE AMOUNT OF $18 1 000 REQUIRED. Incomplete Requirements ' South parking lot drainage and pavement repairs, raise catch basins, replace underground drainage system, repair all damaged areas and pave. $6 1 000 1. 2. Repair damage to street - cuts, equipment damage, broken pavement edges, etc. from beginning of south parking lot to end including turn circle. $3 1 000 3. Vegetate on dunes around oceanfront south parking lot. Sod area next to parking lot 5 ft back, sprig balance with beach grass and sea oats. $1,000 4. Remove all trailers and sod areas next to north parking lot, erect chain link fence, clean, grade, and finish~ $3 1 000 5. Complete sidewalk from south parking lot to north parking lot. Complete bathroom facility 1 concrete north public access and walkway to bathrooms, vegetate banks on both sides of public access to prevent erosion. Raise fence on north end of hotel parking lot next to public access, grade, vegetate, and replace fence. $2 1 500 6. Clean areas on both sides of road of trash and debris, replace any soil removed to stabilize walls, vegetate all disturbed areas. $2 1 500 y~ T~ WRIGHTSVILLE BEACH '"''PAL COMPLEX 321 CAUSEWAY DRIVE • P.O. BOX 626 ~~ ~ FA C H , N. C. 2 8 4 8 0 • 9 1 9 · 2 5 6 · 2 2 4 5 Sands Investm;,(nt Shell Island 2700 North L ina A Wrights vi 11 Beach, Attentio Dear M. r~r. Ch Wilson: ~vk h f';~ oLe-~~ ~~)' I'm di sappoi would deliver to of parking space· assume you aren' o~ The Town holds a certified cne~~ ·-· Corporation for completion of several items wh1cn •·~· _ me certificates of occupancy were issued. All of these items are ·~ _ led by August 29, or they will be finished by the Town and the cost deducted trom the $18,000. I'm adding to this list the following items which you need to furnish to me, also by August 29, before I authorize release of the $18,000: (1) A copy of the contract for lease of 11 parking spaces from May 15, through July 31, signed by an authorized representative of Sands Investments. If you've lost the copies we left with you, let me know. We'll prepare additional copies for you to pick up here at Town Hall for signing. (2) A letter from you dated August 1, requesting the lease of three parking spaces from August 1, through August 7, on the same terms and conditions as the original lease. (3) A check for $84 for the lease of the three parking spaces mentioned above at four dollars per day each, for seven days. We are glad to have the Shell Island Hotel at Wrightsville Beach and we look forward to the opportunity of working cooperatively ~lith Sands Investments on your completion and our approval of the commercial areas of the hotel over the next few months. Thanks for being a part of that mutual cooperation by taking care of these small items so we can all go on to more important things in the affairs of the Town and Sands Investments. fld:J:J-P~ Dale H. Ralston Town Manager /plh cc: Mr. Joe Carter TOWN OF WRIGHTSVILLE BEACH ORDER GRANTING A CONDITIONAL USE PERMIT The Board of Aldermen of the Town of Wrightsville Beach havipg held a public hearing on March 27, request submitted by Shell Investments, 1985 to consider the Inc., a request for conditional use permit to use the property located on the east side of the extension of North Lumina Avenue (C-4 a zoned property) and having heard all the evidence and arguments presented at the hearing, makes the following Findings of Fact and draws the following Conclusions: 1, It is the Board of Aldermen's Conclusion that the proposed use does satisfy the first general requirement listed in the Ordinance; namely, that the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare. Findings of Fact to support this conclusion: The construction of this building will be designed to meet the requirements for NC Building Code Type I. Fireproof concrete and steel, and to withstand coastal wind velocities. The design will utilize open air corridor access for all hotel units connected to stair towers. This assures smoke free ingress and egress. Three standpipes will be installed, one at each stair tower, with hose connections at each floor. 1,000 linear feet of hose will be provided to the WBFD as per their specification and request. The building will be equipped with an automatic smoke detector and heat alarm system plus manual emergency alarm pulls at all exits and in all public areas. The alarm system will be both visual and audible on each floor and at the main desk. A complete commercial sprinkler system will be installed in compliance with all applicable regulations established by the State and the Town of Wrightsville Beach. The building will be equipped with a fire pump and a diesel generator to ensure adequate water pressure and normal operation of all life safety systems at all times. Fire hydrants will be provided as shown on the plans and locations will be subject to the approval of the WBFD. The project will be· served by the municipal systems for water, sewer and sanitation. The extension of facilities required to service this project and all others in the total development of Shell Island is being installed by the developers of the property and the tap and usage fees established by the town should ensure that this hotel and all projects proposed for Shell Island provide adequate funds for any other capital improvements required to meet increased demand and loads on municipal services. All storm water will be retained and managed on site in an underground system that will recharge the ground water aquifer. There will be no surface water runoff from this site. The on site parking provided complies with the town's ordinance and also the requirements stated in the CUA review of March 18, 1985. The parking provided is more than adequate for the facility proposed. A five-foot high security fence will be installed on all site boundaries adjacent to G-1 public parking areas as requested by the WBPD. This is approximately 593 linear feet of fence. The hotel will police its own parking with guards, or closed circuit television, or illuminated. both if necessary. 2 The entire site will be The project will add substantially to the tax and utility revenues for the general welfare of the town, as well as room tax revenues that will be added to the beach restoration fund of Wrightsville Beach. In regards to traffic, based on the observations and analysis of the Department of Transportation, the Town of Wrightsville Beach Chief of Police, Kimley, Horn and Associates, Inc., Engineers, and John McCracken and Associates, all parties find that traffic from the proposed 170-room hotel development, when added to the existing traffic and other proposed development traffic, would be adequately accommodated by the existing street network, including the intersection of Salisbury Street and Lumina Avenue. In addition to what has been described, Shell Investments, Inc. has also agreed to provide the following for the benefit of the Town of Wrightsville Beach and the general public. A 50-foot public easement along the oceanfront landward from mean high tide. Pave the public parking lot on the northern boundary and the vehicle access to the beach from North Lumina Avenue. Construct a public restroom adjacent to the north access of the design and size previously constructed by the town. Pave the public parking lot on the southern boundary and construct a boardwalk walk-over structure from the parking lot to the beach strand. 2. It is the Board of Aldermen's Conclusion that the proposed use does satisfy the second general requirement listed in the Ordinance; namely, that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity 3 for the purposes already permitted, nor diminish or impair property values within the neighborhood. Findings of Fact to support this conclusion: This property has been zoned C-4 by the Board of Aldermen. The property is bounded on the north by a G-1 tract to be developed for public access, parking and restrooms. It is bounded on the south by a G-1 tract to be developed for public access and parking. All land east of the CAMA Line is designated for conservation of public access. All land west of North Lumina Avenue is designated conservation. The 'l'own of Wrightsville Beach has had the opportunity to plan and zone the entire Shell Island tract. The developers now involved in the various tracts had full knowledge of the zoning assigned and uses permitted. We do not believe that the proposed hotel will be detrimental in any way to any of the Shell Island projects, or to the Town of Wrightsville Beach. The existing hotels on Wrightsville Beach values of adjacent properties and there is the hotel proposed for this site will have adjacent properties. We believe that this have not depressed the no reason to believe that any negative impact on the project will be a positive influence on Shell Island. 3. It is the Board of Aldermen's conclusion that the proposed use does satisfy the third general requirement listed in the ordinance; namely, that the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Findings of Fact to support this conclusion: The development and improvement of this property is proposed as a part of the overall plan for Shell Island which has been reviewed and approved by the town's department heads, the Planning Board and the Board of Aldermen. The use proposed is one of those for which C-4 district was established. The owners of the tract to the south requested this zoning and sold it to Shell Investment, Inc. for use 4 as a hotel site. The property is bounded north and south by public parking areas, by public beach on the east and by North Lumina Avenue on the west. All land west of the street is designated conservation. The use proposed will not impede the development of surrounding properties described and, in fact, this developer has committed to accomplish the improvements planned for the G-1 properties at their expense. Therefore, it is apparent that the use proposed will not impact development and improvement of surrounding property and will actually accomplish much of it. 4. It is the Board of Aldermen's conclusion that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely, that the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. Findings of Fact in support of this conclusion: There are no structures on Shell Island at this time. Therefore, there is no established character. This site was given C-4 zoning with clear understanding that a high-rise building would be constructed on it. The design proposed is totally functional, will utilize construction systems and materials that have performed well in similar structures on Wrightsville Beach. The developer, the architect, and all involved in this project are dedicated to creation of a building that will have great architectural appeal and landscaping that will enhance it. The construction of this project will not cause land values in the neighborhood to depreciate but will actually increase the value of this land and the entire Shell Island area by creation of a new high quality hotel facility on Wrightsville Beach. 5 5. It is the Board of Aldermen's conclusion that the proposed use does satisfy the fifth general requirement listed in the ordinance; namely, that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Findings of Fact in support of this conclusion: The developers of Shell Island are constructing water and sewer lines, at their expense, to connect with the town's systems. Solid waste will be handled by the town's sanitation department using standard procedures. The developers are constructing the North Lumina Avenue extension in accordance with DOT and town standards and will dedicate this as a public highway. Ample parking is being provided off street·. Fire hydrants are being installed and fire flow requirements will be met by 12-inch and 8-inch water lines available at the Lumina Avenue extension. Police protection by the town department is adequate and no abnormal protection will be needed. Further details with regard to utili ties application itself. are contained in the 6. It is the Board of Aldermen's conclusion that the proposed use does satisfy the sixth general requirement listed in the ordinance; namely, that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Findings of Fact in support of this conclusion: The primary entrance has been designed to facilitate a smooth turn out and easy flow of traffic into the hotel. The exit drive is separated form the entrance by a generous island plaza. Driveway widths and turning radii are sized to accommodate buses and other large vehicles. A separate driveway is provided for service traffic and employee parking. On site parking is provided for 365 cars as requested by the CUA review. 7. It is the Board of Aldermen's conclusion that the proposed use does satisfy the seventh general requirement listed in the ordinance; namely, that the conditional use shall in all other 6 respects, conform to all the applicable regulations of the district in which it is located, Findings of Fact in support of this conclusion: The conditional use will conform to all of the regulations of the C-4 zoning district, including set-backs and parking requirements. The buildings, parking spaces and access points will be located west of the CAMA Line and comply with the CAMA regulations. The roadway widths on the property will be 24 feet, as required. All regulations with regard to the town water, sewer and other utilities are being observed. The application for the conditional use permit was carefully reviewed by the town department heads and was found by them and the Planning Board to conform to ordinances and regulations of the district. 8. It is the Board of Aldermen's conclusion that the proposed use does satisfy the eighth general requirement listed in the ordinance; namely, that public access shall be provided in accordance with the recommendations of the Town's Land Use Plan and Access Plan and/or the present amount of public access and public parking as exists within the Town now. Findings of Fact in support of this conclusion: Public parking and beach access will be provided at both the north and south ends of the 3.6 acre tract, all in accordance with the Town's Land Use and Access Plan. The beach is fully accessible to the public and no attempt is being made to create a "private beach". As stated previously, the developer has agreed to grant a 50-foot public easement along the ocean front landward from mean high tide. 9. Therefore, because the Board of Aldermen concludes that all general and specific conditions precedent to the issuance of a Conditional Use Permit have been satisfied, IT IS ORDERED that the application for the issuance of a Conditional Use Permit be granted, subject to the following conditions: (a) That applicant shall fully comply with all of the specific requirements stated in the ordinance for the 7 proposed use, as well as any additional conditions stated below. (b) That if any section, subsection, paragraph, sentence, clause, phrase or portion of this Permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. (c) That the project shall be developed in accordance with the 'plan as submitted and approved. (d) That this Conditional Use Permit shall comply with all other supplemental regulations and requirements imposed by the Zoning Ordinance or any other applicable federal, state or local law, ordinance or regulations. In the event of a conflict, the more stringent requirement or higher standard shall apply. (e) Other Conditions: Those conditions set forth in Exhibit "A" attached hereto and incorporated herein. Ordered this 27th day of March, 1985. ATTEST: The signatures of the applicant and property owner below indicate that the applicant and property owner have received this 8 Conditional Use Permit together with all attachments. Any violations of the stated conditions will render this Permit null and void. To be valid this permit must be signed below by the applicant and owner and returned to the Town Clerk's office within thirty (30) days of the date of approval as indicated below. This Permit will expire six (6) months from the date expiration begins as indicated below if within that six-months period a building permit has not been granted. The building permit will expire if construction is not commenced within six (6) months from the date of issuance of the building permit. March 27,· 1985 Date of Approval APPLICANT P.\l. 1?.<~~ 1~'1B ~<~e;:,~~O•l.) April 29, 1985 Date of Expiration Begins Address Address Date Signed by Owner and Applicant 9 Jl 2'\~0S EXHIBIT A SHELL INVESTMENTS, INC. C-4: SHELL ISLAND HOTEL 1. Automatic smoke detector and heat alarm system plus a manual pull type emergency alarm. Alarm system shall be both visual and audible on each floor and at the main desk. A sprinkler alarm system to the main desk will be required. Automatic venting system of kitchen and laundry room shall be provided. 2. Sprinklers with NFPA 13 commercial heads in all areas other than the individual units. The units will have a commercial system with residential heads (13-D) provided they comply with all applicable laws and insurance credits. Elevators shall be wired so they will run from emergency generator power. Standpipes shall be required. 3. A 6 ft wide by 6 inch deep concrete sidewalk shall be provided on the right of way between the south and north G-1 ocean access points. 4. A security system such as closed circuit television or patrolling security guards shall be provided in parking areas. 5. The main entrance radii shall be a minimum of 30 ft. A separation island a minimum of 3 ft. wide shall be provided at the main ramp entrance for safety egress. Service entrance radii shall be a minimum of 24 ft. with no islands. 6. A minimum 5 ft. high security fence shall be provided within the site adjacent to all G-1 areas. 7. Adequate lighting shall be provided for the area. In lieu of fire hose being provided at each stand pipe location on each 8. floor, 1,000 linear feet of Angus Red Chief 1-1 1/2 inch fire hose with Fire Department National Standard threads shall be provided to the Fire Department. No fire hose closets will be required. Hose connections shall be required. 9. Hydrants shall be provided as shown on the plans submitted to and dated by Public Horks as 3/8/85. 10. All other applicable permits shall be obtained. state, and town ordinances shall be complied with. All applicable federal, 11. A 50 foot public easement along the oceanfront landward from mean high tide shall be provided prior to any Certificate of Compliance being issued. 12. hours The Town requests the owners to limit deliveries to the hotel 9:00 A. M. and 4:00 P. M. to the bet1~een 13. Improve the G-1 area to the south by surfacing the parking lot and installing a handicapped boardwalk/walkover structure from the parking lot to the strand as per Public Horks' specifications. This will ensure public access in accordance with Section 21-15 of the zoning ordinance and Section 18-17 of the subdivision ordinance. Plans and specifications shall be approved by Town Department Heads. Page 2 Shell island Hotel 14. Improve the northern G-1 area including surfacing the parking lot, surfacing the vehicle access from North Lumina Ave. to the beach and building a bathroom facility in the same design and size as the two already built. This will ensure public access in accordance with Section 21-15 of the zoning ordinance and Section 18-17 of the subdivision ordinance. Plans and specifications shall be approved by Town Department Heads. 15. Construction of a sand fence shall be required from and along the zoning line on the ocean front all around the property and next to the road except in the opening for the boardwalks and shall be erected immediately. 16. The restaurant/lounge shall have a total seating capacity of 150 persons. TOI'IN OF WRIGHTSVILLE BEACH ORDER DENYING A CONDITIONAL USE PERMIT The Board of Aldermen of the Town of Wrightsville Beach having held a public hearing on February 13, 1985 to consider the request submitted by Shell Investments, Inc., a request for a conditional use permit to use the property located at North Shell Island (C-4 zoned property) and having heard all the evidence and arguments presented at the hearing, makes the following Findings of Fact and draws the following Conclusions: 1. It is the Board of Aldermen's Conclusion that the proposed use does not satisfy the first general requirement listed in the Ordinance; namely, that the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare. Findings of Fact to support this conclusion: A. The proposed hotel will generate more traffic than would a residential unit that could be constructed on the subject property. B. A hotel will generate commercial traffic to include service trucks and related traffic that will create a hazard and impact adversely on property along North Lumina Avenue on which these commercial vehicles would have to travel. c. A hotel will generate late night traffic with its restaurant and lounge facilities which traffic will create a hazard and impact adversely on the property along North Lumina Avenue across which this traffic must travel. 2. It is the Board of Aldermen's Conclusion that the proposed use does not satisfy the second general requirement listed in the Ordinance; namely, that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor diminish or impair property values within the neighborhood. Findings of Fact to support this conclusion: A. The proposed hotel will generate more traffic than would a residential unit that could be constructed on the subject property. B. A hotel will generate commercial traffic to include service trucks and related traffic that will create a hazard and impact adversely on property along North Lumina Avenue on which these commercial vehicles would have to travel. c. A hotel will generate late night traffic with its restaurant and lounge facilities which traffic will create a hazard and impact adversely on the property along North Lumina Avenue across which this traffic must travel. 3. proposed use It is the Board of Aldermen 1 s (does/does not) conclusion that the satisfy the third general requirement listed in the ordinance; namely, that the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Findings of Fact to support this conclusion: A. B. c. D. E. 4. proposed use It is the Board of Aldermen 1 s (does/does not) listed in the ordinance; conclusion that the satisfy the fourth general requirement namely, that the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. Findings of Fact in support of this conclusion: A. B. c. D. E. 5. proposed use It is the Board of Aldermen 1 s (does/does not) listed in the ordinance; conclusion that the satisfy the fifth general requirement namely, that adequate utili ties, access roads, drainage and/or necessary facilities have been or are being provided. Findings of Fact in support of this conclusion: A. B. c. D. E. 6. proposed use It is the Board of Aldermen 1 s (does/does not) conclusion that the satisfy the sixth general requirement listed in the ordinance; namely, that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Findings of Fact in support of this conclusion: A. B. c. D. E. 7. It is the Board of Aldermen 1 s proposed use (does/does not) conclusion that the satisfy the seventh general requirement listed in the ordinance; namely, that the conditional use shall in all other respects, conform to all the applicable regulations of the district in which it is located. Findings of Fact in support of this conclusion: A. B. c. D. E. 8. proposed use It is the Board of Aldermen's conclusion that the (does/does not) satisfy the eighth general requirement listed in the ordinance; namely, that public access shall be provided in accordance with the recommendations of the Town's Land Use Plan and Access Plan and/or the present amount of public access and public parking as exists within the Town now. Findings of Fact in support of this conclusion: A. B. c. D. E. 9. Therefore, because the Board of Aldermen concludes that one or more general and specific conditions precedent to the issuance of a Conditional Use Permit have been satisfied, IT IS ORDERED that the application for the issuance of a Conditional Use Permit be denied. Ordered this 13th day of February, 1985. Mayor Town c1e2:/ TOI·IN OF WRIGHTSVILLE BEACH ORDER DENYING A CONDITIONAL USE PERMIT The Board of Aldermen of the Town of Wrightsville Beach having held a public hearing on February 13, 1985 to consider the request submitted by Shell Investments, Inc., a request for a conditional use permit to use the property located at North Shell Island (C-4 zoned property) and having heard all the evidence and arguments presented at the hearing, makes the following Findings of Fact and draws the following Conclusions: 1. It is the Board of Aldermen 1 s Conclusion that the proposed use does not satisfy the first general requirement listed in the Ordinance; namely, that the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare. Findings of Fact to support this conclusion: A. The proposed hotel will generate more traffic than would a residential unit that could be constructed on the subject property. B, A hotel will generate commercial traffic to include service trucks and related traffic that will create a hazard and impact adversely on property along North Lumina Avenue on which these commercial vehicles would have to travel. c. A hotel will generate late night traffic with its restaurant and lounge facilities which traffic will create a hazard and impact adversely on the property along North Lumina Avenue across which this traffic must travel. 2, It is the Board of Aldermen 1 s Conclusion that the proposed use does not satisfy the second general requirement listed in the Ordinance; namely, that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor diminish or impair property values within the neighborhood. Findings of Fact to support this conclusion: A. The proposed hotel will generate more residential unit that could traffic than would a be constructed on the subject property. B. A hotel will generate commercial traffic to include service trucks and related traffic that will create a hazard and impact adversely on property along North Lumina Avenue on which these commercial vehicles would have to travel. C. A hotel will generate late night traffic with its restaurant and lounge facilities which traffic will create a hazard and impact adversely on the property along North Lumina Avenue across which this traffic must travel. 3. proposed use It is the Board of Aldermen 1 s (does/does not) conclusion that the satisfy the third general requirement listed in the ordinance; namely, that the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Findings of Fact to support this conclusion: A. B. c. D. E. 4. proposed use It is the Board of Aldermen 1 s (does/does not) listed in the ordinance; conclusion that the satisfy the fourth general requirement namely, that the exterior architectural appeal and functional plan of any proposed structure will not be so at variance functional with either the exterior architectural appeal and plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. Findings of Fact in support of this conclusion: A. B. c. D. E. 5. proposed use It is the Board of Aldermen's conclusion that the (does/does not) satisfy the fifth general requirement listed in the ordinance; namely, that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Findings of Fact in support of this conclusion: A. B. c. D. E. 6. proposed use It is the Board of Aldermen's conclusion that the (does/does not) satisfy the sixth general requirement listed in the ordinance; namely, that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Findings of Fact in support of this conclusion: A. B. c. D. E. 7. It is the Board of Aldermen's conclusion that the proposed use (does/does not) satisfy the seventh general requirement listed in the ordinance; namely, that the conditional use shall in all other respects, conform to all the applicable regulations of the district in which it is located. Findings of Fact in support of this conclusion: A. B. c. D. E. 8. proposed use It is the Board of Aldermen's conclusion that the (does/does not) satisfy the eighth general requirement listed in the ordinance; namely, that public access shall be provided in accordance with the recommendations of the Tmm' s Land Use Plan and Access Plan and/or the present amount of public access and public parking as exists within the Town now. Findings of Fact in support of this conclusion: A. B. c. D. E. 9. Therefore, because the Board of Aldermen concludes that one or more general and specific conditions precedent to the issuance of a Conditional Use Permit have been satisfied, IT IS ORDERED that the application for the issuance of a Conditional Use Permit be denied. Ordered this 13th day of February, 1985. Mayor Town of Wrightsville Beach DEPARTMENT OF PUBLIC WORKS 200 P.umeiP Boulevard Wrighlsville Beach, N.C. 26460 (919) 256-4146 CONDITIONAL USE APPLICATION REVIEW Department of Public Works Police Department Fire Department Parks & Recreation Department Department of Administration Project: Address: Date: North Shell Island - R-2 Oceanfront 2500 N. Lumina Ave. Revised map received and dated /fi,~/a5-~ ~-- 1. General description: 2. Zoning district: Accurate. R-2. variance requests: None. 3. water requirements: Accurate. 4. sewer requirements: Accurate. 5. Solid waste requirements: pads are shown. 6. Parking: Spaces provided: Employee spaces: Handicapped provided: Total: 212 Required spaces: Employee spaces required: Handicapped required: Total: 212 Ingress/egress: Acceptable. Changes in street pattern: 7. Figures are accurate. Fire protection: None. Normal. Construction classification: Type 5 or 6 protected. Four dumpster CUA Review (North R-2 Ocean) Page 2 March 18, 1985 Protective provisions: Concrete pilings with first habitable floor being poured in place concrete. All exterior walls are 1-hour rated. Units are separated by two 1-hour rated walls creating a two hour rated wall between units. A fire hydrant will be located on the right hand side of each entrance and 5 hydrants will be placed within the site. Buildings will be sprinkled as per NFPA 13 or 13-D as required for available fire flow. Fire flow requirements: 8, Police protection: 9. Construction start date: 3,000 gpm sprinkled. Accurate. Completion date: 10. Environmental impacts: These buildings are located 20 to 25 ft west of the CAMA line in the trough behind the primary dune. Considerable fill will have to be brought into this site particularly at the south end. The total mass of dirt for protection on the site will be increased. Fragile vegetation will be protected at all times. There are 4 boardwalks crossing the dunes to the strand plus a public access on either end. Sand dune and CAMA permits will be required prior to any grading work. 11. Signs: Accurate. 12. Buffering: See 10 above. Recommended conditions: 1. Conditional use permit is for construction of 106 units on an area zoned R-2, total land area of 10.6 acres. 2. The site is located at the 2500 block of N. Lumina Ave. 3. Five dumpster sites shall be located within the site, the location and construction of which shall be approved by Public Works. 4. The five entrances to the project shall be a minimum of 24 ft wide with 30 ft radii. 5. A minimum of 212 parking spaces shall be provided with an additional 3 spaces per building (21 extra spaces) for a total number of 233 spaces. CUA Review (North R-2 Ocean) Page 3 March 18, 1985 6. Fire flow requirement for this project is 3 1 000 gpm with sprinklers. 7. A fire hydrant shall be located on the right hand side of each entrance to the project with 5 additional hydrants being placed within the project, the location of which to be approved by Chief Everett Ward. 8. The construction type of the buildings is Type ~ 6 which consists of concrete pilings with the first habitable floor being poured in place concrete. 9. All exterior walls are to be 1-hour fire rated. 10. All units are to be separated by two 1-hour fire rated separations,creft;_ing a t;\'IO hourhrft~d. sep<Jrp,tion between each unit • ....::./. ~~l--- 'U\(Ul VIJ \,}A('J -.() ,11\b t'\)Pf)>'l ·<'A<'I'b I 11. NFPA 13 or 13-D sprinklering of all units is to be provided to accommodate fire flow requirements. 12. Considerable fill will be brought into this site particularly at the south end. The total mass of dirt for protection on the site will increase on the oceanfront for wave action protection. . .t · . . .~?• . \) ~ 13. Fragile vegetatio~l ~-v.(w, be protected at all times. 14. Sand dune and CAMA permits will be required prior to any grading work. 15. There shall be four boardwalks crossing dunes to the strand. 16. Water taps to buildings shall be looped together with a minimum of an 8 inch line with a minimum of 2 inch taps and meters to each building. 17. Sewer lines will run from buildings to manholes within the site and from there to manholes in the street. 18. The Town will assume responsibility only for wat~ mains tOJ} the meter. and fiiewer lines from manhole to {llapholeJJ..J~dl '-l-k1. ~""-- <:.-h: ~ \~~·'-· fM'()I ~P•\ ~.v"tA (lj) ~- ().A '\-'..J ""-~...o . 19. Easements shall be furnished for work on water and sewer lines and shall be provided on the final recordable plat - minimum width 15 ft. 20. Pool water will be required to drain into the storm water retention system and not the sewer system. CUA Review (North R-2 Ocean) Page 4 March 18, 1985 21. All storm water shall be contained on-site and will not be allowed to drain in the sewer system. 22. All codes shall be conformed letter of the law. to both in the spirit and 23. A copy of the homeowners association by-laws shall be filed with the Tow~~well as . two co~.Ps of the Jt~co~;Cled pl~At. . 11 ,_ lA 1 ~ U>~rM (I.W.i~t!I.A. \ ~A'iVA; ()..b i»!J>x C&<>-· .p;fJ1 V"-""'·'· (). . -1'· \.~ ~~ ... (I . )I. t.O •.. ~ -, "' 2.f': Al~~on lti~s ~al b'e met prior to the actual operation of the proposed use or a Certificate of Compliance being issued and the conditions required for approval shall be maintained for the life of this use irregardless of the ownership of the property or the use. 2 5. L·i~1:i11't,J->&ha.J.~-b'l!'~T'!5V'i'tl'e~~~~·s11own·:o1'r t.l1ir ···sti15m'ttte·g';"·I'Ha n s/ ( mini-mUll\:"'of~··f·<:>~t~·c·.;trrdt1is~l:llroughout···tnesTEe1 • ~~~ !L{.. ~ ~ S)y..e>~ iM 'l,.~A~.JV · 26. A 50 ft public easement along the oceanfront landward from mean high tide shall be provided. 27. Accessibility for the Fire Department shall be provided to the east side of the build~ngs a minimum of evet;.y-\so,,ft, with a 20 ft opening required ,h<:- U--\l'J 1M.. <~.kg 0..AJ1 0. i~. .Q ,fU.X'\.UAW<\ ~ WllJQ 01 28. The G-1 area to the south side of this project shall be surfaced for parking and a handicapped walkover access ramp and walk shall be built from the parking area to the strand. This will ensure public access in accordance with Section 21-15 of the zoning ordinance and Section 18-17 of the subdivision ordinance. Plans and specifications shall be approved by Town·oepartment Heads. ?;fo}Q 'O,;V\- 0 ~· 8(L . @(k~~ ~ ~ ~o ~ ).vr, ~Q_,~~ a~ . i·:.. o~: ~--b~Jj t' s~ ~J~ w o/~ 0ftJ 1 h , aJ ~' UVvc:.b" c;,~wj )q, LJYLA--"f'i\.0 TOWN OF WRIGHTSVILLE BEACH MUNICIPAL COMPLEX 321 CAUSEWAY DRIVE • P.O. BOX 626 W R I G H T S V I L L E B E A C H , N. C. 2 8 4 8 0 • 9 1 9 - 2 5 6 - 2 2 4 5 January 15, 1985 CONDITIONAL USE PERMIT NORTH SHELL ISLAND DEVELOPMENT CORP. HRIGHTSVILLE DUNES R-2 SECTION ONLY This conditional use permit is granted based on the following conditions: 1. This conditional use permit is granted for construction of 106 units on an area zoned R-2, total land area of 10.6 acres only. 2. This site is located at the 2500 block of N. Lumina Avenue. 3. Four dumpster sites have been proposed. An additional dumpster site in the location of the pool, .cabana and boardwalk near the middle shall be provided. This new location as well as construction of the remaining dumpster pads shall be approved by the Director of Public Horks. 4. The five entrances wide with 40 ' radius. to the project shall be a minimum of 24 feet 5. A minimum of 212 parking spaces shall be provided with an additional three spaces per building (total of 21 parking spaces) also provided for a total of 233 spaces for this' entire project. 6. Fire flow requirements for this project is 4,000 gpm. 7. There shall be a fire hydrant on the right hand side of each entrance to the project and five hydrants within the site. Fire hydrant placement shall be approved by Fire Chief Everett K. Ward, Jr. 8. The construction of the buildings is type 5 or 6 which consists of concrete pilings and the first habitable floor poured in place concrete. 9. All exterior walls are to be 1-hour fire rated. 10. All units are to be separated by two 1-hour fire rated separations creating a two hour rated separation between each unit. 11. NFPA 13-D sprinklering of all units is to be provided to accomodate fire flow requirements. 12. Considerable fill will be brought into this site particularly at the The tota 1 mass of dirt for protection on the site wi 11 increase on south end. the oceanfront side for wave action protection. 13. Fragile vegetation will be protected at all times. CONDITIONAL USE PERMIT NORTH SHELL ISLAND DEVELOPM~NT - R-2 WRIGHTSVILLE DUNES PAGE 2 done. 14. Sand dune permits will be required prior to any grading work being 15. There shall be four boardwalks crossing the dunes to the oceanfront. 16. The water taps to the buildings shall be looped together with a minimum of an 8 inch line with a minimum of 3" taps and meters to each building. 17. Sewer lines will run from buildings to manho 1es within the site and from there to manholes in the street. 18. The Town will assume responsibility only for water mains to the meter and sewer lines from manhole to manhole. 19. Easements shall be furnished for work on water and sewer lines and shall be provided on the final recordable plat- minimum width 15'. 20. Pool water will be required to drain into the storm water retention system and not in the sewer system. 21. All storm water shall to drain in the sewer system. 22. of the law. All be contained on-site and will not be allowed codes shall be conformed to both in the spirit and the letter 23. A copy of the homeowners association by-laws shall be filed with the Town as well as two copies of the recorded plat. 24. All conditions shall be met prior to the actual operation of the proposed use or a Certification of Compliance being issued and the conditions required for approval shall be maintained for the life of this use irregardless of the ownership of the property or the use. 25. Lighting shall be provided as shown on the submitted plans. (Minimum .2 foot candles throughout the site.) The applicant's and owners signatures indicate that they have read the conditions stated above and agree to them. Any violations of the stated conditions renders this permit null and void. To be valid this form must be signed by the applicants and owners and returned to the Town Clerk within thirty (30) days from January 15, 1985. This permit will expire six (6) months from February 14, 1985 if within that six (6) month period, a building permit has not been obtained or an extension of this Conditional Use Pennit has not been granted. The building permit will expire if construction is not commenced within six (6) months from the date of issuance of the building permit. CONDITIONAL USE PERMIT NORTH SHELL ISLAND DEVELOPMENT CO. R-2 WRIGHTSVILLE DUNES PAGE 3 December 13, 1984 DATE OF APPROVAL H. ERRY, JR. TOWN CLERK January 15, 1985 DATE EXPIRATION BEGINS January 18, 1985 DATE ACCEPTED President 7o.~o~ \ ~ ";L <( W·, \ 1'>\;Ns.:~' ADDRESS r ·':l..Y4o1 coopE:roiiV€ SAVINGS AND LOAN ASSOCIATION FREDERICK WILLETTS, JR., PRESIDENT WILMINGTON, NORTH CAROLINA January 18, 1985 Mr. Hugh H. Perry, Jr. Town Clerk Post Office Box #626 Wrightsville Beach, N. c. 28480 Dear Hugh: Enclosed are the original and one copy of the executed Conditional Use Permit issued to North Shell Island Development Corporation for the development of Wrightsville Dunes on Shell Island. This is to advise that North Shell Island Development Corporation has assigned its rights under this Conditional Use Permit to First Washington Corporation, Inc. of Wilmington, N.c .. Documentation of this assignment will be provided on request. If you desire further information, please advise. Sincerely, Daniel w. Eller, Vice President First Washington Corporation DWE/al Enclosure CC: P.O. BOX 600 Mr. John A. Elmore, II Post Office Box #1328 Wilmington, N. c. 28402 • 201 MARKET STREET • WILMINGTON, N.C. 28402 • TELEPHONE 919-343-0181