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Masonboro Zoning Area Maps (AMENDMENTS) . r~t., . . . AN vt2DINANCE OF THE COUNTY OF NEW H,_.jVER AMENDING THE ZONING MAP OF THE MASONBORO i~ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 6, 1969 ` , . ^17 - , r , : < < , . • r E _ , > , , s ~ 4 . ~ • . . ♦ : ~ THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract of land from the present R-15 Single Family District classification and putting it in the B-1 Business District classification, said land being described as follows: BEGINNING at an iron stake located in the Western right of way line of N. C. State Highway No. 132; said iron stake being North 61 degrees 32 minutes West 79.8 feet from a point in the centerline of the existing pavement of the said N. C. State Highway No. 132; said point in the center- line of the said existing pavement being located South 4 degrees 44 minutes West 283 feet from a culvert across the said N. C. State Highway No. 132; said culvert being located 2.2 miles South of the intersection of the Winter Park-Shipyard Road with the said N. C. State Highway No. 132; run- ning thence from said located beginning point North 61 degrees 32 minutes West 116.6 feet to an iron pipe; thence South 29 degrees 33 minutes West 581.7 feet to an iron pipe; thence South 64 degrees 31 minutes East 375 feet to an iron pipe in the western right of way line of N. C. State High- way No. 132; thence North 4 degrees 46 minutes East with and along the Western right of way line of N. C. State Highway No. 132, 614.1 feet to the point of beginning. The same containing 3.3 acres, more or less, all as shown on plat for T. A. Crews dated August 17, 1959, prepared by C. W. Blotrnne, Jr., Registered Land Surveyor, reference to which is hereby made for a more specific description of said property. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Masonboro Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3, Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 2rid day of March , 1970. ; . . , , , . ~ L~_ t- ~L'-~.~~ Commi si ner Chairman and Commissioner t Commissi ner Co s ioner dJ ~ COI11I111 S S 1 O Ck2i' AN _..DINANCE OF THE COUNTY OF NEW I-U, JER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH 41 S, J CAROLINA, ADOPTED OCTOBER 6, 1969 ' , . a f, ry THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section l. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract of land from the present R-15 Single Family District classification and putting it in the I-1 Industrial District classification, said land being described as follows: BEGINNING at a point in the southeastern right of way line of Purviance Avenue (said right of way being 30 feet in width), said point being the western most corner of the lot designated as "Day Dream" as shown on the map of Masonboro Bluffs as recorded in Book 173 at Page 11 in the Registry of New Hanover County, said point also being in the dividing line between lots "Day Dream" and "Golden Rod"; thence from said beginning point north 21 degrees East 170 feet to a point on the southern shore line of Whiskey Creek (formerly known as Purviance Creek), said point bein g the northwest- ern corner of the lot designated as "Wee Wee Nonah" as shown on the afore- ..mentioned map of Masonboro Bluffs; thence along and with the southern shore line of Whiskey Creek (formerly known as Purviance Creek), also being along and with the northern lot line of lot "Wee Wee Nonah" in an eastwardly di- rection 340 feet more or less to a pointa said point being the northeast corner of lot "Wee Wee Nonah" and being the intersection of the southern shore line of Whiskey Creek (formerly known as Purviauce Creek) with the western shore line of the Intracoastal Watetway; thence in a southwest- wardly direction along and with the western shore line of the Intracoastal Waterway, also being along the eastern lot line of lot "Wee Wee Nonah", 74 feet more or less to a point, said point being in the dividing line between lots "Wee Wee Nonah" and "Day Dream" and also being the southeast- ern corner of lot "Wee Wee Nonah" and the northeastern corner of lot "Day Dream"; thence North 69 degrees West, along and with the dividing line between lots "Wee Wee Nonah" and "Day Dream", 200 feet to a point; thence South 21 degrees West 100 feet to a point in the southern line of lot "Day Dream"; thence north 69 degrees west, along and with the dividing line between lots "Day Dream" and "Golden Rod", 252 feet more or less to the point of beginning. The above description being all of lot "Wee Wee Nonah" and all but the eastern most 200 feet of lot "Day Dream". Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Masonboro Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 16th day of March , 1970. . , -2- , - Chairm 'and Commi s s io er ~ • a ti % i ~ Commissioner \ C ioner Commis ioner Commissioner . . . . ff • _ - ( AN ORDINANCE OF THE COUNTY OF NEW HANOVER 4,1 AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH Y'a <•.,-e , ~Z,°'r6 CAROLINA, ADOPTED OCTOBER 6, 1969 ~ : ~ ! . . . A ~ . . . st / THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section l. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract of land from the present R-15 Single Family District classification and putting it in the R-10 Single Family District classification, said land being described as follows: BEGINNING at an old iron pipe in the Eastern right of way line of State Road #1492, formerly numbered 1148, also known as the Masonboro Road, said old iron pipe being the Southwesternmost corner of a tract of land described in a deed to Maggie B. Cole dated February 27, 1925 and recorded in Book 162 at Page 75 in Office of the Register of Deeds of New Hanover County; running thence Northwardly along the Eastern line of said state road the following courses and distances; North 42 degrees 55' West 113.58 feet; North 43 degrees 06' West 100 feet; North 42 degrees 521 West 100 feet; North 42 degrees 12' West 100 feet; North 40 degrees 18' West 100 feet; North 33 degrees.08' West 100 feet; North 15 degrees 36' West 100 feet; and North 02 degrees 16' East 100 feet to a concrete monument, said concrete monument being South 77 degrees 14' East 30.21 feet from a nail and cap in the centerline of the aforemen- tioned state road which said nail and cap are located South 7 degrees 13' West 788.0 feet as measured along the centerline of said road from a nail and cap in the center of the bridge over Toomers Creek; running thence from said concrete monument in the Eastern line of the right of way of said state road South 77 degrees 14' East 1256.0 feet to a con- crete monument; thence North 12 degrees 46' East 207.95 feet to an iron pipe in the edge of the marsh; thence the same course continued 150 feet more or less to the run of Toomers Creek; thence Eastwardly along and down the run of Toomers Creek, as it meanders to a point which is the following courses and distances from the point of beginning of this de- scription: North 66 degrees 28' East 393.9 feet; South 85 degrees 30' East 1075 feet; and North 47 degrees 50' East 209.35 feet; running thence from said point in the run of Toomers Creek South 47 degrees 50' West 209.35 feet to an iron pipe; thence North 85 degrees 30' West along a line marked by old iron pipes and a ditch 1075.0 feet to an old iron pipe; thence South 66 degrees 28' West along a ditch 393.9 feet to the point of beginning; the same being a portion of that tract of land con- veyed to Maggie B. Cole by deed dated February 27, 1925 and recorded in Book 162 at Page 75 in the Office of the Register of Deeds of New Hanover County and also being the same tract of land as shown on a map of survey for B. L. and R. C. Fowler which is recorded in Map Book 9 at Page 13 in the Office of the Register of Deeds of New Hanover County. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Masonboro Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. , . ..f-:, i s J..., . . . . . . -2- Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the ~ County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 6th day of ApI'il , 1970. . ~ Qi~--- _ Cha r and Commissioner 's ioner v C) ciq tm P~-r Commis 'one mmis ' ner 7 C omm i s s i on er .w...,.... w..._._._..,~ , - 1 f~ A. JRDINANCE OF THE COUNTY OF NEW tuNOVER ' AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 6, 1969 ~ .x . h p, . t J ~<r..T.iy.r, .'L;.G-a az.-r e.t., ~ ~ ~F; t~_ ei~`1 ~•-~tC._a~' 'Y- THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDA N: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract of land from the present R-15 Single Family District classification and putting it in the B-1 Business Dist'r.ict classification, said land being described as follows: BEGINNING at a concrete monument in the western line of South College Road (No C. Highway 132, 200 foot right of way) that is north 5 degrees 09 minutes east along said line 280.0 feet from its intersection with the center line of Bragg Drive, said intersection point being north 84 degrees 51 minutes west 200.0 f eet from a concrete monument where said center line is intersection by the eastern line of South College Road, reference being made to the map of Pine Valley Estates, Section 8, recorded in Map Book 7 at page 94, of the New Hanover County Registry; running thence from said beginning point north 84 degrees 51 minutes west and parallel with Bragg Drive, 200.0 feet to a concrete monument; thence north 5 degrees 09 minutes east and parallel with South College Road 125.0 feet to an iron pipe; thence south 84 degrees 51 minutes east and parallel with Bragg Drive 200.0 feet to an iron pipe in the western line of South College Road; thence south 5 degrees 09 minutes west along the western line of South College Road 125.0 feet to the point of beginning, the same containing >058 acre. Section 2o The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Masonboro Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoptiona Adopted this 7th day of Julv , 1970. Ch irman and Comm' sioner ' - ~ mmiss oner r , Commissi LAJ Comm' io er 7Z mmissioner ~ 7it<., ,q AN ORDINANCE OF THE COUNTY OF NEW HANOVER ~ AMENDING THE ZONING MAP OF THE MASONBORO _ ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 6, 1969 ~ ..}rq~~. "i . n , e . r 1~ - . , . F , . . . , THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by rernoving the hereinafter described tract of land from the present R-20 Single Family District classification and putting it in the R-15 Single Family District classification, said land being described as follows: BEGINNING at a point in the northern right-of-way line of the Mason- boro Sound Road (S.R. 1515), said beginning point being located 1882 feet east of the intersection of the eastern right-of-way line of Buccaner Road with the northern right-of-way line of the Masonboro Sound Road (S.R. 1515). Thence frorn said beginning point North 34° East 420 feet to a point; thence South 720 East 420 feet to a point; thence North 320 East 210 feet to a point; thence South 72° East 210 feet to a point; thence South 340 West 630 feet to a point in the northern right-of-way line of the Masonboro Sound Road (S.R. 1515); thence along and with the said right-of-way line North 72° West 630 feet to the point of beginning. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Masonboro Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 21St day of June , 1971. Chair C issioner ~ ,t • Commissi"U ~ Commissioner Commissioner ~ ~ , AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 6, 1969 Zo-,-- THE BOARb OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAI k Section l. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract of land from the present B-1 Business District classification and putting it in the R-15 Residential District classification, said land being described as follows: BEGINNING at a point in the southwestern right-of-way line of S.R. 1516, said point being 200 f eet northwest of the northwestern right-of-way line of the Masonboro Loop Road (S.R. 1492) as measured along the southwestern right- of-way line of S.R. 1516; thence from said beginning point in a southwest- wardly direction, parallel with and 200 feet northwest of the northwestern right-of-way line of the Masonboro Loop Road, 600 feet to a point; thence r~ in a northwestwardly direction, parallel with and 600 f eet southwest of the southwestern right-of-way line of S.R. 1516, 250 feet to a point; thence in a northeastwardly direction, parallel with and 450 feet northwest of the northwestern right-of-way line of the Masonboro Loop Road, 600 feet to a point in the southwestern right-of-way line of S.R. 1516; thence in a south- eastwardly direction along and with the said southwestern right-of-way line of S.R. 1516, 250 f eet to the point of BEGINNING. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Ma.sonboro Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, ~LL safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 1st day of Novelllber , 1971. Chai m o a? Commiss"on r . ( . Coni[ni s s ioner v a Commissioner Commissioner AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 6, 1969 . Z THE BO RD OF C MMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract of land from the present B-2 Business District Classification and putting it in the R-15 Single Family District Classifi- cation, said land being described as follows: BEGINNING at a point in the northern right-of-way line of Bragg Drive (30 feet from centerline thereof), said point being located north 84 degrees 51 minutes west 200 feet from the intersection of the northern right-of-way line of Bragg Drive with the western right-of-way line of N.C. Highway 132; running thence from said beginning point north 5 degrees 9 minutes east 300 feet to a point; thence north 84 degrees 51 minutes west 100 feet to a point; thence south 5 degrees 9 minutes west 300 feet to a point in the northern right-of-way line of Bragg Drive; thence with the northern right-of-way line of Bragg Drive south 84 degrees 51 minutes east 100 feet to the point of BEGINNING. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Masonboro Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted thi s 2nd day of October , 1972. Chai rm ommi i ner . ~ C missioner Commissio er Commissioner , AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ~ ADOPTED OCTOBER 15, 1969 , THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section l. The Zoning Map of the Ma.sonboro Zoning Area is hereby amended by removing the hereinafter described tract of land from the present R-15 Residential District Classification and putting it in the B-1 Business District Classification, said land being described as follows: Being located in Masonboro Township, County of New Hanover, State of North Carolina, and being more fully described as follows: BEGINNING at a point in the western right-of- way line of North Carolina Highway #132, said point being south 5 degrees 12 minutes west 1,280 feet from the point where the southern right-of-way line of Bragg Drive intersects the western highway line of North Carolina Highway #132; thence from said beginning point south 5 degrees 12 minutes west 200 feet along the western right-of-way line of North Carolina Highway #132; thence north 84 degrees 48 minutes west 800 feet to a point; thence north 5 degrees 12 minutes east 200 feet to a point; thence south 84 degrees 48 minutes east 800 feet to the point of BEGINNING. Section 2. The County Clerk is hereby authorized and directed under the super- vision of the County Commissioners to change the zoning map of the Ma.sonboro Zoning Area on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this lst day of July , 1974. . si oner Ch ' irm~~:VCommis ~ C ioner C issioner Commissioner Commissioner • , ' _ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, 1969 THE BOARD OF COMMISSIONERSOF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by adding the hereinafter described tract of land to the R-20S Residential Zoning District Classification, said land being described as follows: Beginning at a point in the western right of way line of Secondary Road #1515 (Masonboro Sound Road), said beginning point being the intersection of the western right of way of SR 1515 (Masonboro Sound Road) with the northeastern right of way line of SR #1578 (Shorewood Drive); thence along and with the western right of way line of SR #1515 (Masonboro Sound Road) as it curves and turns toward the west and the western right of way becomes the southern right of way 9,550 feet more or less as measured along the western right of way of said SR #1515 (Masonboro Sound Road) to a point, said point being located approximately 700 feet east of the intersection of the eastern right of way line of SR #1492(Masonboro Loop Road) with the southern right of way line of SR #1515 (Masonboro Sound Road); thence in a northwardly direction following along the property boundary of Pirate's Cove Subdivision as platted and recorded on December 1969, in the New Hanover County Regsitry of Deeds and perpendicular to the centerline of Hewlett's Creek to a point in the centerline of Hewlett's Creek; thence along and with the centerline of Hewlett's Creek in a eastwardly direction to its intersection with the centerline of the Intercoastal Waterway to a point; said point being located 2750 feet more or less east of and as measured at right angles to the western right of way line of SR #1515 (Masonboro Sound Road) at its intersection with the northern right of way line of Seabreeze Blvd.; thence in an eastwardly direction 2750 feet more or less following along the northern right of way of said Seabreeze Blvd. to the point of BEGINNING, containing 808 acres, more or less. This being the same land as shown on New Hanover County Tax Map 67, Block 02, Parcels 3-11 and 17-68 and Tax Map 77, Block 04, Parcels 1-6. ~ Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of the Masonboro Zoning Area on file in the Office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals, and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. A opted this ~day of , 1982. ~ m issioner - Chairman and Commissioner . G Commissioner ~ C missioner ~ ~~Ommissioner 7~ ~ AN ORDINA(VCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 4, ADOPTED APRIL 7, 1971; ZONING AREA 2, ADOPTED DEC. 15, 1969; MASONBQRO ZONING AREA, ADOPTED OCT. 15, 1969 OF NEW HANOVER COUNTY, NORTH CAROLINA THE QOARD OF COMMISSIOPdERS OF NE41 NANOVER ruOUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 4, Zoning Area 2 and Masonboro Zoning Area, are hereby amended by removing the hereinafter described tract of land from Unzoned to R-20 Residential, said land being described as follows: BEGINfdING, at the point of intersection of the Centerline of the Atlantic Intracoastal Waterway and the Centerline of Carolina Beach Inlet, continuing in a northerly direction along the Centerline of the Atlantic Intracoastal l,laterway for a distance of approximately 45,000 feet or 8.5 miies to the point of intersection with the Centerline of Shinn Creek ar Masonboro Inlet; running thence along the Centerline of Shinn Creek or Masonboro Inlet easterly, approximately 6,200 feet to the point of intersection with the Atlantic Ocean and the corporate limit of the Town of Wnightsville Beach; running thence southwardly, approximately 43,000 feet or 8.1 miles along the Atlantic Ocean Shareline to the point of intersection with the centerline of Carolina Beach Inlet; thence westwardly following along said centerline to the point of BEGINNING, containing approximately 8 square miles. This being the same area as shawn on New Hanover County Tax Map Numbers 63, 67, 68, 72, 73, 77, $0, 82, 83, and 85 of Masonboro and Federal Point Townships. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zonina Map of Zoning Area 4, Zoning Area 2 and Masonbaro Zoning Area on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morais and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this day of__ 1982. Chairman, New Hanover County Commissioners ~ < r AN ORDINANCE OF THE COUNTY OF NE14 HANOVER AMENDING THE h1ASOPdQORO ZONING AREA OF NEW NANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, 1969 ~ THE BOARD OF COMMISSI0NERS OF PJEIrJ HANOVER COUNTY DOTFI O.R,DAIPd: Secti on 1. The Zoni ng P•1ap of the Masonboro Zoni ng Area i s hereby amended by removing the hereinafter described tract of land from the R-15 Residential Zoning District Classification and placing it in the B-1 Business Zoninq District Classification, said land being described as follows: BEGINNING at a point in the western right-of-way line of South College Road (NC Hwy. 132) said point being North 5 deg. 17 min. East 300.0 feet from the southern line of the formerly Norma F. Edwards property as shown on a map prepared by M. H. Lander, C. E., January 30, 1958 and subsequently recorded in D1ap Book 15 at Page 16 of the New Hanover County Registry, running thence from said beginning point, North 55 deg. 55 min. West 506.09 feet to a point; running thence, PJorth 32 deg. 57 min. East 200.0 feet; running thence, South 64 deg. 00 min. 374.7 feet to an old concrete monument in the western right of way line of aforementioned S. College Road (200.0 foot right of-way); ` running thence, along the western right of way line of said S. College Road, South 5 deg. 17 min. 4lest 288.3 feet to the point of beqinning, containing 2.32 acres of land, more or less. This being the same land as shown on New Hanover County Tax Nlap 71-00, Masonboro Township, Block 03, Parcel 55. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map af the Masonboro Zoning Area on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, _J safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this the 6th day of June, 1983. ~ CHAIP.MAN AND COMh1ISSI0NER ATTEST: Ce- Ck to~~~ ~-N° co : A : <U : ' ~ • ` • ~ ~ ~ ) • (SL~L) ~ + ~~o IkuUSTiAY • ~I~' ~Ap'0~~u~r~~• `°'~Q•,,~ K'rN caROV ••......~,►~~1~,`, AN ORDINANCE OF THE COUN'I'Y OF NEW HANOVER ~ AMENDING THE ZONING MAP OF MASONBORO ZONING AREA OF NEW HANCIVER COUNTY, NORTEi CAROLINA ADOPTED OCI'OBER 15, 1969 THE BOARD OF CONIlKISSIONERS OF NEW HANOVER COUN'!'Y DOTH ORDAIN: Section l. The Zoning Map of Masonboro Zoning Area is hereby amended by removing the hereinafter described tract fram the R-15 Residential Zoning District Classification anc3 placing it in the R-10 Residential Zoning District Classification, said land being described as follaws: BEGINNING at a point located on the east side of the right-of-way of Masonboro Loop Rc7. ancl the southside of the right-of-way of Sound View Road; running thence from said point east along the right-of-way ~ of Sound View Road, approximately 173.2 feet to a point; thence running south, approxi.mately 119 feet to a point; thence running west, approxi- mately 187.2 feet to the eastern right-of-way of Masonboro Loop Road; thence running along said right-of-way in a northerly direction, approxi- mately 120.6 feet to the Point of BEGINNING, containing 23,000 square feet more or less. This being the same land as Lot 1 of Sourx3view Subdivision and Parcel 19 as shown on New Hanover County Tax Map 72-13, Masonboro Tawnship, Block 07. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Masonboro Zoning Area on file in the office of the County Cctunissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this day of , 1983. ~0 y14 c ~ RMAN AND CONA4ISSIONER ~ oGti~► it s . . IMVORiS-F.:rV S ~ ~ INOUSrHV ~ • ' ~o,pr o~ •y..~' caR ~Z; ~ ~ AN ORDINANCE OF THE COUNTY OF NEW HANOVER ~ AMENDING THE ZONING MAP OF ZONING AREA MASONBORO OF i+IEW HANOVER COUNTY, NORTfi CAROLINA ADOPTED OC'I'OBER 15, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in the 0& I Office and Institutional Zoning District Classification, said land being described as follows: BEGINNING at a point located at the northeast corner of South College Road and Waltmoor Road, said point being located approximately 650 feet south of Chalmers Drive; running thence north along the right-of-way of South College Road a distance of approximately 190 feet; running thence east approxi.mately 300 feet to a point; thence north approximately 20 feet to a point; running thence southeastwardly approximately 199.35 feet to a point in the right-of-way of Waltmoor Road; running thence along said right-of-way in a westward direction approximately 431.3 feet to the point of BEGINNING, containig approximately 1.61 acres more or less. This being the same land as shown on New Hanover County Tax Map 66-14, Block 03, Parcels 10.1 and 11. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Comissioners to change the Zoning Map of Masonboro Zoning Area on file in the office of the County Cornnissioners, so as to make it comply with this ordinance. Section 3. Ariy ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 6th day of February, 1984. L . CHAIRMAN AND CONIlMISSIONER Attest: . ` C1 rk to the Board ~ i rt . ~ cAIR ~ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZOPdING MAP OF ZONING AREA, MASONBORO OF NEW HANOVER CQUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, t99.6. /pG 9 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section l. The Zoning Map of Zoreing Area, Masonboro, is hereby amended by removing the hereinafter described tract from the 6-1 Business Zoning District Classification and placing it in the R-15 Residential Zoning District Classification said land being described as follows: DESCRIPTIOPJ Beginning at a point in the western right-of-way of Clasonboro Looo Road, said point being the southeast corner of Parcel 13, Tax Map 72-00, Block 07; runnincl thence 200 feet along the southern boundary of Parcel 13 to a noint; thence in a north, northeast direction to a point on the northern boundary of Parcel 19, Tax Map 72-00, Block 07, said point being located 200+ feet west of Masonboro Loop Road's western right-of-way; thence 200 feet to a point in an easterly direction to a paint in the western right-of- way of Masonboro Loop Road; thence in a southerly direction along the 4vestern right- of-way of Masonboro Loop Road 190+ feet to a noint in this right-of-way; thence in a southeasterly direction across Masonboro Loop Road 208+ to a point, said point being the northeast corner of Parcel 11, Tax Map 75-02, Block 04; thence in a northea.sterly direction along the western property lines of Parcels 8 and 9, Tax Map 75-02, Block 04 to a point in the southern right-of-way of Masonboro Sound Road; thence 150+ feet to a noint in the northeast corner of Parcel 9; thence in a southwesterly direction 203+ feet along the eastern property lines of Parcels 8 and 9 to a point in the south- east corner of Parcel 8; thence in a southeasterl,y direction 150+ feet to a point in the eastern right-of-way of Cliff Side Drive; thence in a westerly direction 450+ feet to the point of beginning. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning !`1ap of Zoning Area, Masonboro, on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or an,y part of any ordinance in conflict vrith this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of nublic health, safety, morals and general welfare of the inhahitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 1 day of July, 1985. - ~ ~OVEQ 66~ ~ t~ . ~ y~ . ; ~ : ~ : f4`~`"~ ; ► . • ~ ~ . . ~°=~~:~:r~„~%,: ~ o... - . CHAIRMAN APJD COMP1ISSIONER ti ~~~'•~.'P?!~ CA~C~,.~`'~~~ ''.•,..,~i~~n~~.►+. , .,24oo' AN ORDINANCE OF THE COUNTY OF NEW HANOVER , AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971 A~ THE BOARD OF COMMIS5IONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in the B-1 Business Zoning District Classification, said land being described as follows: Beginning at a point in the northern right-of-way of Masonboro Sound Road. Said point being 250 feet east of the northeast intersection of the right-of-way lines of Masonboro Loop and Masonboro Sound Roads; thence 74 feet south 75 degrees, 20 minutes east to a point in the northern right-of-way of Masonboro Sound Road; thence 362 feet north 27 degrees, 30 minutes east; thence north 80 degrees 0 minutes west 150 feet to a point; thence south 27 degrees 30 ' minutes, 365 feet to the point and place of beginning. *Eastern portion of Parcels 02 and 03 of Tax Map 72-00 Block 002. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to ~ change the Masonboro Zoning Area on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is ~ hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 6th day of October, 1986. . _ . . . _ . . . . . . _ . . . f. ' . . . C IRMAN AND CO SIO ER . .._.,`''a~S''.' 4r ; r;'~►,,~ _.w~`~~~`. ~ •'e~0po'•o ~~nrp.+' . . . . . . . . . - . . : , ~ • aIy ! ~ . , • ~ . . . . . . • ~ + ti • A • . ~ • ~Pp'•~....••• ~Q'~•• AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract from the R-10 Residential Zoning District Classification and placing it in the R-15 Residential Zoning District Classification, said land being described as follows: All of Parcel 019-000, Tax Map 72-13, Block 007, said parcel being located at the southeastern corner of Masonboro Loop Road and Sound View Drive. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of the Masonboro Zoning Area on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 3rd day of November, 1986. CH ,XIRMAN AND CO SSIONER ►.~t.~ ~ ~ 1~~ ~ ~ ~ ~s~.~uo~.00 C, • a~ • ~ : . • . ? c • 49: ~ 0 '•.0 0'~~~~~~' ~1Q'ps' ♦ ♦ ,,~~'••+~w.u::O ' AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA ` ADOPTED OCTOBER 15, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract from the B-1 Business Zoning District Classification and placing it in the R-15 Residential Zoning District Classification, said land being described as follows: The eastern one-third of Parcel 001-002, Tax Map 72-00, Block 001, said parcel being located on the north side of Navaho Trail, 243 feet west of Masonboro Loop Road. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of the Masonboro Zoning Area on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is - hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 3rd day of November, 1986. N C IRMAN AND CO ISSIONER .~F 'X C w0 ,y' • °s Q 0.6, G; . ~ . :2: - 010 . ~'.,'Q~. ~P~ •.,~~~jC~qR~ ~~o . ~.a~n~ • ~ / 9 Q D AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA , OF NEW HANOVER CGUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract from the B-1 Business Zoning District Classification and placing it in the R-15 Residential Zoning District Classification, said land being described as follows: Beginning at a point in the western right-of-way boundary of secondary road 1492 (Masonboro Loop Road) said point being located 840 feet north of the intersection of the north right-of-way boundary of secondary road 1505 and the western right-of-way boundary of secondary road 1492 (Masonboro Loop Road). Thence from the point of beginning a westerly direction 300 feet to a point, said point being located 300 feet west of and normal to the west right-of-way boundary of ~ secondary road 1492 (Masonboro Loop Road); thence a northerly direction 590 feet to a point in the southern right of way boundary of secondary road 1492, said point being located 300 feet northwest of the intersection of the west right-of-way boundary of secondary 1492 (Masonboro Loop f Road) and the south right-of-way boundary of secondary road 1492 (Masonboro Loop Road); thence a northeasterly direction 360 feet to a point, said point being located 360 feet north of and normal to the south right-of-way boundary of a secondary road 1492 (Masonboro Loop Road); thence an ~ easterly direction 680 feet + to a point, said point being located 300 feet north of and normal to the northern right-of-way boundary of secondary road 1515 (Masonboro sound Road); thence a southerly direction 360 feet to a point in the south right-of-way boundary of secondary road 1515 (Masonboro Sound Road), said point being located 300 feet east of the intersection of the east right-of-way boundary of secondary road 1492 (Masonboro Loop Road) and the southern right-of-way boundary of secondary road 1515 (Masonboro Sound Road); thence a southwesterly direction 400 feet + to the point of beginning. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of the Masonboro Zoning Area on file in the C office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shail be in full force and effect from and after its adoption. Adopted the 2n day of January, 1990. M ER COG~~ s :y v F d Retchin, Chairman r owrs.c:.~T~V Attest : r~~FNORt~~'~ C erk to the Board ~ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA MASONBORO OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 16, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section l. The Zoning Map of Zoning Area Masonboro is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in the Conditional Use Office and Institution Zoning District Classification, said land being described as follows: Beginning at an iron pipe in the easter line on N. C. Hwy 132, said pipe being the southwest corner of lot 58C Sectzon I-D Greenbriar as recorded in Map Book 19 at Page 63 in the New Hanover County Registry; running thence from said beginning with the southern line of Lots SSC and 58B south 70 degrees 30 minutes 20 seconds east 317.5Ifeet to an old pipe; saidpipe being the common corner of Lots 58B and 58A; thence with the western line of Section 1 B and 1-C Greenbriar south 09 degrees 40 mimrtes 25 secorrds west 587. 72 feet to a concrete monument, said monument being the northeast corner of the New Hanover County Library Tract as recorded in Deed Book 1460 at page 1506 in the aforementioned registry; said monument being loeated north 09 degrees 44 minutes 57 secortds east 228. 77 feet from ari old stone T in the northern line of Myrtle Grove Farms; thence with the northern Zine of said library tract north 74 degrees 01 minute fourteen seconds west 228.55 feet to a concrete monrrment in the eastern line of NC Hwy 132; thence with said eastern line with a curve to the left having a redius of 11, 286.33 feet to an iron pipe marking the end of said curve, saidpipe being north 02 degrees 09 n7inutes 30 seconds east a chorddistance of 327. 00 feet from the preceding point; thence with the eastern line of NC Hwy 132 north 01 degree 19 mimrtes SO seconds west 295. 71 feet to the point of beginning containing 3.672 acres more or less and being a part of the Lula E. Little Tract as described in a deed reeorded in Deed Book 774 at page 324 in the aforementioned registry. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Zoning Area Masonboro on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the Sth day of September, 1995. ~~ER C, r ~ * ~ * Robert G. Greer, Chairman Attest: ~ rk to the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA MASONBORO OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area Masonboro is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in the Conditional Use Office and Institution Zoning District Classification, said land being described as follows: Beginning at a point in the eastern right-of-way of S. College Road and the southwest corner of the New Hanover County Myrtle Grove Library Branch properry; running thence South 61 degrees, 56 minutes 20 seconds East 158.29 feet; thence South 61 degrees 58 minutes, 00 seconds East 234 feet; thence South 54 degrees 20 minutes 14 seconds West 517. 64 feet to a point in the eastern right-of-way of S. College Road; thence North 08 degrees 43 minutes 58 seconds East along said right-of-way 491. 78 feet to the point of beginning. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Zoning Area Masonboro on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 7th day of April, 1998. William A. Caster, Chairman Attest: . / erk to the Board STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT BANK The County Commissioners for New Hanover County having held a public hearing on April 7, 1998 to consider application No. Z-617 submitted by Gulfstream Shopping Center Properties, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on South College Road, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site has access to water and sewer. B. The site has access to S. College Road. Two access points are proposed--one utilizing the existing library entrance and the other to the south. C. The site is located in the Myrtle Grove VFD District. D. The proposed use, a bank, poses no known threats to public health and safety. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan pursuant to the Zoning Ordinance has been submitted. B. A maximum building height of 25 feet is proposed. Accordingly, the minimum setbacks axe 68.75 feet on the side yard and 93.25 feet on the rear yard. C. Excluding parking credited for the drive-up tellers, 52 off-street parking spaces are provided. D. Adequate area is available to meet landscaping and buffering requirements. E. There are no conservation resources on the property. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Staff has not been presented any evidence from appraiser or any other real estate professional that construction of a bank at this location would have a negative impact on property values. ~ 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in hannony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The Myrtle Grove Branch of the New Hanover County Library is located next door. Commercial uses are located to the south and west. B. Added buffering and setbbacks should mitigate some of the impacts to immediate neighbors. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1) All other applicable federal, state and local laws 2) Move 7 ft. fence to southern side of vegetated buffer planned adjacent to Greenbriar 3) Plantings in the buffer shall consist of Leyland Cypress .4) Per site plan Ordered this 7th of April, 1998. ~ William A. Caster, Chairman Q~ CPQo~, Attest: . ~ C rk to the Board Affirmation this day of , 1998. Applicant ~ Y AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 15,1969 Z-750, 09/02 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in the R-10 Residential Zoning District Classification, said land being described as follows: All of the real property known to the New Hanover County Land Records as Parcel RO 7100-003-006-000 said real property being located at4811 Carolina Beach Road. Said property being further described in Deed Book 1068, at Page 0508. Beginning at an old iron pipe where the Western edge ojthe old land between the Martindale and Biddle lands is intersected by the dividing line between Tracts 3 and 4 as shown on the map of Subdivision of Part of the Biddle Land, by J.L.Becton, C.E., dated July 1934, said pipe being the Southwestern corner of a tract conveyed by Harriet Johnson to O.D. Sikes, running thence from said Beginning point North 54 degrees 09 minutes East along the Southeastern line of said Sikes tract 562. 78 feet to an iron pipe: thence North 54 degrees 09 minutes East along said Sikes line about 8 feet to the center of Barnards Creek Canal; thence up the center of said canal as it meanders in a Southeastwardly direction about 768 feet to the Northwestern corner of the tract conveyed to J. P. McGinnis and wife by Deed recorded in Book 854 at Page 767 of said Registry; thence South 25 degrees 33 minutes West along the Eastern line ofsaid McGinnis line to an old iron pipe that is locatedfrom the last-mentionedpipe asfollows: South 64 degrees 13 minutes East 243.43 feet, South 60 degrees 40 minutes East 109. OS feet, South 65 degrees 02 minutes East 119.22 feet, South 64 degrees 01 minute East 87.1 S feet, South 89 degrees SO minutes East 191.68 jeet, and South 68 degrees 22 minutes East 17.22 feet to said pipe in said McGinnis line 687. 74 feet to an old iron pipe in the center of a ditch, the Southeastern corner of said McGinnis tract; thence North 79 degrees 10 minutes West along the center of said ditch 237.35 feet, thence South 74 degrees 47 minutes West along the center of said ditch 26 0 feet to an iron pipe; thence North 64 degrees 43 minutes West along the center of said ditch 665.41 feet to an iron pipe in the Western line of said old lane that is North 0 degrees 20 minutes East 19.6 feet from an old 3 inch pipe, the Southeastern corner of Tract 4 ofsaid Biddle Subdivision; thence North 0 degrees 20 minutes East along the Western edge of said lane 181. 7 feet to an iron rod,• thence North 10 degrees 23.5 minutes West along the Western edge ofsaid lane 42.27 feet to the point of Beginning; the same containing 14.25 acres, and being a portion of the old Henry A. Martindale land. The above described tract includes the 7.05 acre tractpreviously conveyed to J.P. McGinnis and wife, by the aforementioned deed. Together with a right-of-way, or easement, for ingress and egress over and across the recently constructed dirt road that leads from the above described tract to U.S. Highway 421. All of the real property known to the New Hanover County Land Records as Parcel R07100-003-059-000 said real property being located at 4805 Carolina Beach Road Respectively. Said property being further described in Deed Book 2411, at Page 0826 All of Grantor's interest in and to the westernmost 250.14 feet of that access easement, 45 feet in width, the Northern line of said access easement being the dividing line between that 3.55 acre tract conveyed to James P. McGinnis and wife, Geraldine G. McGinnis, by deed recorded in book 1477 at Page 1684 of the New Hanover Counry Registry, and that 4.354 acre tract conveyed to Grantor by deed recorded in Book 1690 atPage 0473 ofsaid Registry, said easement interest being described as follows: Beginning at an old pipe, the northwestern corner of the above described 3.55 acre tract as described in Book 1477 at Page 1684 of the New Hanover Counry Registry; thence South 64 degrees, 47 minutes East, along the northern line of the said 3.55 acre tract, 250.14 feet to a point; thence perpendicular to said northern line, South 25 degrees, 53 minutes West, 45.00 feet, to the southern line of said easement; thence, North 64 degrees, 47 minutes West, along the southern line of said easement to a point in the western line of the said 3.55 acre tract; thence North 00 degrees, 19 minutes East, along the said western line, to an old pipe, the point of Beginning. ~ Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map for the Masonboro Zoning Area on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 7`' day of October 2002. « Ted Davis, Jr., hairman Attest: N J'~ Deputy Clerk to the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, 1969 Z-756,11/02 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section l. The Zoning Map of the Masonboro Zoning Area is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in the R-10 Residential Zoning District Classification, said land being described as follows: BEING all of that tract of land known to the New Hanover County Land Records as Parcel 7100-003-003-000. Said tract containing 3.80 acres, more or less. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map of the Masonboro Zoning Area on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 2"d day of December 2002. • * ~ . ~ Q Ted Davis, r., Chairman Att2St : • r NppTH ~ CfeArjk- to the Board Zoning Boo Secti r Pa se ig. 3. AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP } OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED October 15, 1969 respectively and subsequently amended CASE:Z17-03 { THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The New Hanover County Zoning Map is hereby amended by removing the hereinafter described tract from a R-15, Residential District, and placing it in an EDZD, Exceptional Design Zoning District,said land consisting of 48.53 acres and being described legally as follows: Beginning at an existing iron pipe (P.O.B.) in the eastern right of way line of Masonboro Loop Road,State Road 1492, a 60 foot wide Public Right of Way said iron pipe being the common corner of lands owned by North Carolina Lutheran Homes, Inc. and referenced in the New Hanover County Registry in Deed Book 1279 Page 1352 and the State of North Carolina referenced in the New Hanover County Register of Deeds in Deed Book 1010 Page 736;thence running North 22° 33'35" East 262.56 feet to a new iron pin; thence running North 22°31'18" East 286.06 feet to an existing iron pipe;thence running South 74°25' 16"East 1633.26 feet to an existing concrete monument; thence running South 74°23'00" East 1859.69 feet to a new iron pin; thence running South 24°25'52" East 15.03 feet to computed point;thence running South 72°46'12" East 19.30 feet to computed point;thence running South 35°39'42" East 40.21 feet to computed point;thence running North 32°27'27" East 31.32 feet to computed point; thence running South 40°00'09" East 10.08 feet to computed point; thence running South 16°10'23" East 20.77 feet to computed point; thence running South 20°57'10" West 53.10 feet to computed point;thence running South 24°37'56"West 54.37 feet to computed point; thence running South 35°06'52" West 59.50 feet to computed point; thence running South 48°39'11" West 50.15 feet to computed point; thence running South 19°20'36" West 35.27 feet to computed point; thence running South 28°25'31" West 52.17 feet to computed point; thence running South 26°42'52" West 54.16 feet to computed point; thence running South 84°52'06"West 39.87 feet to computed point;thence running South 17°57' 48" West 30.82 feet to computed point; thence running South 27°57'47" West 27.99 feet to computed point; thence running South 40°35'41" West 59.69 feet to computed point;thence running South 50°56'51"West 45.82 feet to computed point;thence running North 15°14'24"East 15.17 feet to computed point;thence running North 44°11'34" East 83.82 feet to computed point; thence running North 23°11'09"West 19.10 feet to computed point;thence running South 75°02' 10" West 39.19 feet to computed point; thence running South 80°48'55" West 37.78 feet to computed point; thence running North 70°01'40 " West 30.82 feet to computed point;thence running South 36°35'30"West 38.13 feet to computed point; thence running South 36°06'07" West 30. 12 feet to computed point; thence running South 83°20'12" West 27.89 feet to computed point; thence running South 43°26'58" West 22.47 feet to computed point; thence running North 61°05'41" West 20.42 feet to computed point; thence running South Z17-03 Order Page 1 09°29'36" West 18.22 feet to computed point; thence running South 87°29'26" West 20.99 feet to computed point;thence running South 72°10' 20"West 18.56 feet to computed point; thence running South 02°22'16" West 19.12 feet to computed point; thence running South 86°04'44" West 47.82 feet to computed point; thence running South 23°16'20" West 3.93 feet to new iron pin; thence running North 73°57'50" West 1545.21 feet to an existing iron pipe; thence running North 71°53'09"West 1697.2 1 feet to an existing iron pipe at the point of beginning and containing 2,113,775 square feet,48.53 acres more or less. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the New Hanover County Zoning Map on file in the office of the County Commissioners,so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part of this action, shall be in full force and effect from and after its adoption. i Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-341 that the zoning map amendment of approximately 48.53 acres of land from R-15, Residential District,to EDZD, Exceptional Design Zoning District, is Consistent with the purpose and intent of the 2016 Comprehensive Plan because the General Residential Place Type promotes a mixture of housing options. The proposed development will provide multi-family senior housing at an appropriate density in an area primarily consisting of single-family housing. Reasonable and in the public interest because the proposed EDZD development promotes environmentally responsible growth and alternative forms of travel that will help reduce the dependency on the automobile. Section 6. The County Commissioners find that all of the specific requirements set forth in Section 1 54.1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance 1 with the plans submitted to the County Commissioners and attached as part of this approval. IT IS ORDERED that the application for the issuance of an EXCEPTIONAL DESIGN ZONING DISTRICT BE GRANTED subject to the following conditions: A. If any of the conditions imposed within this exceptional design zoning district shall be held invalid beyond the authority of this Board of Commissioners by a court of Z17-03 Order Page 2 1 1 I 1 competent jurisdiction, then this district designation shall be reversed and the tract shall be rezoned in accordance with the process for map amendment outlined in Section 112 of the zoning ordinance. I Section 7. In accordance with Section 54.1-12 of the ordinance, expiration of the Exceptional ) Design Zoning District approved plan may be considered if no construction activity has been permitted for the subject tract within 24 months of the date of this approval. . fi Section 8. The applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use; all other state, federal and local rules; and any additional g conditions hereinafter stated: i 1. Trinity Landing will be restricted to residents who are 62 years of age and older with the exception that spouses residing in the same unit may be 55 years of age or older. 2. The Common/Commercial areas of the project—such as the proposed restaurant, mini- convenience market, wellness center, beauty salon and spa — will not be open to the public and only be open to the Lutheran Services Carolinas community, their residents, I and their guests. 3. In addition to all other applicable setbacks, the development must comply with the following minimum building setbacks: a. Northern property line: i. 100-foot setback for Villa/Hybrid structures. il ii. 200-foot setback for three-story structures. 1 iii. 30-foot setback for all other structures. j b. Front property line (Masonboro Loop Road): i. 200-foot setback for three-story structures. 4. A 30-foot vegetated buffer must be provided along the northern property line. Existing vegetation must remain within the buffer to the maximum extent practicable or be supplemented as necessary to provide for a fully opaque screen. An intermittent berm with indigenous plantings must be installed along the northern portion of the development as illustrated within the buffer strip section detail of the application. 5. The drive lane along the northern portion of the site must setback at least 90 feet from the northern property line,except along the Villa/Hybrid structures(Section B of the site plan), where the drive lane must be setback at least 30 feet from the northern property line. An additional row of native evergreen landscaping must be planted along the northern side of the drive row as illustrated on the site plan (Section B). 6. The development will use dry detention areas where possible as generally depicted on I the concept plan based upon new BMP practices utilizing native indigenous planting and 1 grasses. I 7. A 20-foot wide access easement must be dedicated to the County along Masonboro Loop Road for the purposes of installing a future multi-use path/pedestrian facility in accordance with the NHC/Wilmington Greenway Plan. 8. The transportation improvements required as part of the approved Traffic Impact Analysis must be installed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. ) Z17-03 Order Page 3 1 1 a i i 1 l i I 3 I 9. Prior to building permit issuance,the development must be designed in accordance with Fire Service standards in regards to emergency service access. If emergency service access cannot be provided to and from the adjacent properties to the north (Masonboro 1 Landing) or the south (UNCW Center for Marine Science), then interior improvements may be provided in accordance with Fire Service standards. i 1 1 Adopted the 17th day of July, 2017. 4 3 3 i 4 ,�U • 1 g q OONTY. .10- i ot Woody White,Chairman O g JA,i•li o Attest: .11h/ Od441hreik Ky rowel!, Clerk to the Board I 1 1 1 i i i I q {8 k i I a I d i $ S I yy i i Z17-03 Order Page 4 i 1 l Zoning Book Section page c AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED October 15, 1969 respectively and subsequently amended CASE:Z21-01 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: 1 Section 1. The New Hanover County Zoning Map is hereby amended by removing the hereinafter described tract from a R-15, Residential 15 District, and placing it in a PD, Planned Development District,said land consisting of approximately 64.28 acres and being described legally as follows: Being all of that certain tract, parcel,or lot of land in New Hanover County, North Carolina depicted as Tract 2 on that certain plat titled "Exempt Plat of Whiskey- Navaho for Dry Pond Partners" prepared by Port City Land Surveying, PLLC and recorded in Map Book 63, at Page 155 in the office of the Register of Deeds of New Hanover County on June 13,2017. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the New Hanover County Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part of this action, shall be in full force and effect from and after its adoption. Section 5. The County Commissioners find, in accordance with the provisions of NCGS 160D that the zoning map amendment of approximately 64.28 acres of land from a R-15, Residential 15 District,and placing it in a PD, Planned Development District, is: Consistent with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use and General Residential Place Types, the residential densities are in-line with those recommended for the property,and the project will provide commercial services in close proximity to nearby residents. The County Commissioners also find approval of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and commercial services to nearby residents and promoting principals of walkable urbanism. Z20-21 Order Page 1 1 Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 3.3.7, and 10.3.4 of the County Unified Development Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners and attached as part of this approval. IT IS ORDERED that the application for the issuance of a Planned Development Zoning District BE GRANTED subject to the following conditions: A. If any of the conditions imposed within this Planned Development district shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction,then this district designation shall be reversed and the tract shall be rezoned in accordance with the process for map amendment outlined in Section 10.3.2 of the ordinance. Section 7. In accordance with Section 10.3.4.C.8.c of the ordinance, revocation of the Planned Development District approval may be considered if no building permit has been issued for the subject tract within two years of the date of this approval. Section 8. The applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use; and all other state, federal and local rules. Adopted the 1st day of March, 2021. 04e0 Juli lson-Boseman,Chair OAP A\ E Attest: 0.4stIBList1344. Ky rowell,Clerk to the Board Z20-21 Order Page 2 3 Proposed Master Development Plan Terms & Conditions Dry Pond Partners, LLC — 5601 South College Road 1. Conditions related to approval of the application for the master planned development zoning district classification: a) The use, density of use, and maximum building heights for the areas depicted as "Mixed Use Building"; "Multi-Family Apartment Homes"; "Townhomes"; "Commercial Outparcel"; "Townhomes/Duplex/Triplex"; and "Single Family Lots" shall comply with the approved Master Development Plan ("MDP") as the MDP may be amended or modified in accordance with County requirements from time to time; b) The use and development of the subject property shall comply with all applicable regulations and requirements imposed by the New Hanover County Unified Development Ordinance ("UDO"), and any other applicable federal, state, or local law; c) Approval of this rezoning does not constitute technical approval of the site plan. Issuance of all required permits must occur prior to construction commencing. 2. References to the MDP, including any density/intensity standards, dimensional standards, and development standards: a) Maximum density permitted in Planned Development ("PD") District — seventeen (17) dwelling units per acre ("DUAC"). Total site area is 64.28 acres, maximum number of dwelling units would be 1092. b) Proposed maximum density of residential units on this MDP is 460 total units, or 7.16 DUAC. c) The project shall be developed in accordance with County, state, and federal building and environmental regulations, including compliance with the current open space requirements. d) Sidewalks will be provided along both sides of the roads within the development at a width of five feet (5'), except for portions of roads adjacent to the "Utility Easement" depicted on the MDP Master Plan, where sidewalks will be limited to one side of the road. CERTIFICATE OF APPR• L HANovER • OF P . - 811 .41M c 7 12• RSON 3. Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in MDP Master Plan: a) Vehicular access from the master planned development site through to Whiskey Branch Drive is gated for use only by emergency vehicles and owners in the existing Whiskey Branch planned community; b) An access point for pedestrian and bicycle use will be provided through to the site from the existing Bullitt Lane. c) Existing vegetation will be left undisturbed in the depicted twenty foot (20') buffer, subject to the applicant's right to install required utilities and infrastructure and make any changes required by this zoning. To the extent necessary to satisfy County standards, additional vegetation, as well as fencing, will be added to the buffer area sufficient to establish required opacity in areas adjacent to residential uses. 4. Street yard area along College Road shall be provided as follows: a) Provide eighteen (18) square feet of street yard area for every linear foot of street frontage along College Road (minimum width of 9', max width of 27'). i. Driveways shall not be included in the calculation of street frontage; ii. The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area; iii. The applicant may choose to increase the required square footage per linear foot up to twenty-five percent (25%) to receive an equivalent reduction in the building's front yard setback; iv. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as it remains in compliance with the minimum and maximum widths outlined above. b) For every six hundred (600) square feet of street yard area, the following landscaping shall be provided: i. One canopy/shade tree a minimum of three inches (3") caliper in size OR three (3) understory trees a minimum of six (6) feet in height at time of planting, if overhead power lines are located above the street yard; and ii. Six shrubs, 12" in height at time of planting. } c) If there are existing trees of a minimum two inches caliper size in the proposed street yard, the Planning Director may grant credit toward meeting tree preservation requirements. d) Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. ti 5. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development: a) Transportation will be provided by access to public rights of way. A NCDOT driveway permit will be acquired prior to any access to College Road. b) Potable water will be provided by Cape Fear Public Utility Authority ("CFPUA"). c) Wastewater services will be provided by CFPUA. d) Stormwater will be managed on site in accordance with NCDEQ restrictions and regulations, will comply with all County and State regulations, and any permit issued for the site. The engineers who will coordinate and implement the stormwater management plan have not yet been selected. e) Infrastructure will be designed in accordance with the North Carolina building code, all other applicable government regulations, laws, and ordinances, and developed consistent with the approved MDP. 6. Provisions related to environmental protection and monitoring: a) Any 404 wetlands determined to exist on the site from time to time will be handled in accordance with all applicable government regulations, laws, and ordinances including Army Corp. of Engineers requirements. The property owner will comply with all applicable regulations, laws, and ordinances from local, state, and federal sources with jurisdiction over the site. 7. Any other provisions relevant and necessary to the development of the master planned development in accordance with applicable standards and regulations: a) The Residential Use areas of the MDP may be used for any purpose permitted under the applicable zoning regulations. b) The Mixed Use and Commercial areas of the MDP shall be used for any Commercial purpose permitted under the applicable zoning regulations, except that the following Commercial uses will not be permitted: i. Animal Shelter; ii. Adult Entertainment Establishment; iii. Kennel; iv. Vehicle Towing Service and Storage Yard; v. Equestrian Facility; vi. Campground/Recreational Vehicle (RV) Park; vii. Farm Implement Sales; viii. Mobile Home and Prefab Building Sales; ix. Outdoor Boat Dealer; and x. Outdoor Vehicle Sales. c) In addition to the Commercial uses permitted by applicable zoning regulations, subject to these terms and conditions, the following Civic and Institutional uses shall be permitted in the Mixed-Use and Commercial areas of the MDP: i. Adult Day Care; ii. Child Care Center; iii. Family Child Care Home; iv. Community Center; v. Library; vi. Lodges, Fraternal, & Social Organizations; vii. Museum; viii. Post Office; ix. Hospital, Medical, and Dental Office and Clinic; and x. Nursing and Rehabilitation Center d) In addition to the Commercial and Civic and Institutional uses permitted by applicable zoning regulations, subject to these terms and conditions, the following Industrial uses shall be permitted in the Mixed-Use and Commercial areas of the MDP: i. Artisan Manufacturing. 8. Identify the proposed compensating community benefits. They may include, but are not limited to, improved design, natural preservation, improved connectivity for pedestrians and/or vehicles, mixed-use development, green building practices, and dedication of land or in-lieu fee contribution. The community will benefit from the development contemplated herein for the following reasons identified in the New Hanover County Unified Development Ordinance: a. Improved Design. The use of architectural design that exceeds any minimum standards established in this UDO or any other County regulation, or the use of site design incorporating principals of walkable urbanism and traditional neighborhood development, compatible with the comprehensive plan and other adopted County plans. The proposed development encourages a walkable urban environment by incorporating non-vehicular access points to adjacent properties; five foot (5') sidewalks along all internal roads within the development other than where sidewalks would interfere with existing utility easements; and locating high density multi-family uses in the center of the site to promote easier pedestrian access to nearby commercial uses without additional vehicle trips. b. Natural Preservation. The preservation of sensitive lands such as natural habitats, natural features, or trees that exceed the requirements of this UDO, when they are located on the site. Unless required for necessary infrastructure or required by the County's land use and building regulations, existing vegetation that serves as a buffer between the development site and adjacent residential uses will be left in place, including a significant number of mature trees that current have an average canopy height in excess of fifty feet (50'). These trees are not required by the UDO—compliance could be obtained with fencing or a less substantial natural area, but the natural features will remain in substantially their original condition with limited allowances for required infrastructure and utilities. c. Improved Connectivity for Pedestrians and/or Vehicles. Additional connections to existing roads, bicycle facilities, and pedestrian facilities that provide additional connectivity to and from the development and existing residential and commercial development in the County, } } 1 beyond the requirements of Section 5.2, Traffic, Access, and Connectivity. In response to neighbors' requests and in an effort to improve connectivity for pedestrians, additional connections to neighboring properties are being provided for pedestrian and bicycle use. At least one of these connections will also be accessible by a neighboring subdivision's vehicles to allow increased connectivity to that development and encourage a dispersal of existing vehicle trips to reduce existing traffic. The proposed development also offers an integrated commercial/residential node that will serve the residents of the development as well as the surrounding neighborhoods to reduce the number and distance of additional vehicular trips and offer nearby retail and commercial services to adjacent and nearby residents. d. Mixed-Use Development. The approval of a significant amount of mixed-use development on the site, by ensuring that a minimum of 35 percent of the total gross square feet in the development (and 25 percent of the land area) will be developed in an integrated mixed-use form (residential and nonresidential), with sidewalks on both sides of the street, and street trees spaced appropriately along the street. The proposed development will have a mixture of residential and commercial uses within the property boundary, integrated through pedestrian and vehicular paths to promote interconnectivity. Integration is primarily horizontal, but there are vertical mixed use structures included in the proposed development plan. e. Any other community benefit that would provide benefits to the development site and the citizens of the County, generally. The proposed development would be an example of successful in-fill development; repurposing a current vacant County parcel into a residential and commercial project designed to provide additional housing for County residents, local commercial and retail for those and nearby residents, and provide a benefit to the County's tax base and citizens. While the specific tenants are not yet identified, it is the applicant's desire to include a gourmet grocery store, electrical } car charging station(s), a coffee shop, and a consumer-electronics store among the retail uses that will be available to the public. ND: 4816-2816-4051, v. 6 { E � Zoning Book I Section A Page (Vle AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED October 15, 1969 respectively and subsequently amended ; CASE:Z21-11 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The New Hanover County Zoning Map is hereby amended by removing the hereinafter described tract from a R-15, Residential 15 District, and placing it in a (CZD) R-5, Conditional Residential Moderate Density District, said land consisting of approximately 5.1 acres and being described legally as follows: BEING ALL of Lots 1,2 and 3 of Fernando Estates Subdivision as shown on plat recorded in Map Book 61,Page 222,New Hanover County Registry,and being more particularly described as follows: BEGINNING at a point in the southern line of the 36 foot tract of land conveyed to Henry Martindale by Deed recorded in Book 00,at Page 649 of the New Hanover County Registry;said point being North 70 degrees 55 minutes West along said line 600.0 feet from its intersection with the western line of N.C. Highway No. 132(200 foot right-of-way),said intersection point being South 5 degrees 10 minutes West along the western line of said highway 378.09 feet from its intersection with the southern line of Mohican Trail(60 foot right-of-way),if same were extended westwardly,reference being made to the map of Tanglewood,Section 4,as recorded in Map Book 7,at Page 66 of said registry;running thence from said beginning point North 70 degrees 55 minutes West along said old Martindale line 1642.6 feet to an iron pipe in the eastern line of the tract known as the"Martindale 1904 Patent";thence North 31 degrees 51 minutes East along said patent line 146.0 feet to an iron pipe,the southwestern corner of the tract conveyed to Carolina Lands,Inc.by deed recorded in Book 638,Page 96 of the said registry;thence South 70 degrees 55 minutes East along the southern line of the last-mentioned tract 1575.1 feet to a point that is North 70 degrees 55 minutes West along said line 600.0 feet from its intersection with the western line of said highway;thence South 5 degrees 10 minutes West and parallel with said highway 146.7 feet to the point of beginning;the same containing 5.26 acres and being the western portion of the tract conveyed to the trustees of First Original Free Will Baptist Church of Wilmington by deed recorded in Book 849 at Page 252 of the New Hanover County Registry,and also being the western portion of the tract conveyed to Avgerino V.Saffo,et al,by deed recorded in Book 806,Page 412 of said registry. TOGETHER WITH an easement or right-of-way for ingress and egress,over and across a strip of land thirty(30)feet in width,the northern tine of same being an extension eastwardly of the northern line of the above described tract,and said easement ex-tending from the eastern line of the above described tract eastwardly a distance of 600.0 feet to the western line of N.C.Highway No. 132. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part of this action, shall be in full force and effect from and after its adoption. Section 5. The County Commissioners find, in accordance with the provisions of NCGS 160D that the zoning map amendment of approximately 5.1 acres of land from a R-15, Residential 15 District, and placing it in a (CZD) R-5, Conditional Residential Moderate Density District, is: Z21-11 Order Pagel 1 Consistent with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses and density recommended in the General Residential place type and the proposal will provide a transition between a place of worship and the existing low and moderate density housing. The County Commissioners also find approval of the rezoning request is reasonable and in the public interest because the proposal supports the County's goals of providing for a range of housing types and opportunities for households of different sizes and income levels. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 3.2.11, and 10.3.3 of the County Unified Development Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners and attached as part of this approval. IT IS ORDERED that the application for the issuance of a Conditional Zoning District BE GRANTED subject to the following conditions: A. If any of the conditions imposed within this conditional zoning district shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this district designation shall be reversed and the tract shall be rezoned in accordance with the process for map amendment outlined in Section 10.3.2 of the ordinance. B. Each residential structure shall include an attached garage consistent with the elevations submitted with the revised petition. Section 7. In accordance with Section 10.3.3.C.7.c of the ordinance, revocation of the Conditional Zoning District approval may be considered if no building permit has been issued for the subject tract within two years of the date of this approval. Section 8. The applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use; and all other state,federal and local rules. Adopted the 4th Day of October 2021. A! / Ad( (70,„, E Y.NO prerson-TWfan, Chair ,fit ��' / e- ;\� 'v Attest: 0 " 7 ' 'tiVil .11,Nis /Pi 1 �'".`c '' ,ff+ /iii •1s'^:,1. �. K f Crowell, Clerk to the Board Z21-11 Order Page 2 4