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Zoning Area No. 3 Maps (AMENDMENTS)AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED MAY 18, 1970 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 3 is hereby amended by removing the hereinafter described tract of land from Unzoned to R -20 Residential Zoning District Classification, said land being described as follows: BEGINNING at the point of intersection of the Centerline of the Atlantic Intracoastal Waterway and the Centerline of Mason Inlet, continuing in a easterly direction along the centerline of Masons Inlet for a distance of approx- imately 6,000 feet to the point of intersection with the Atlantic Ocean; running thence southwestwardly along the Atlantic Ocean Shoreline approximately 2,000 feet to the Town of Wrightsville Beach Extraterritorial Jurisdiction; running thence westwardly approximately 6,000 feet to the Centerline of the Atlantic Intracoastal Waterway; thence running northeast along the Centerline of the Waterway approximately 2,000 feet to the point of BEGINNING, containing approximately 230 acres. This being the same land as shown on New Hanover County Tax Map Number 52 of Harnett Township Block 03, Parcels 1, 2, 3, 4, 5, 6, 7, and part of 8 and 9. 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 3 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 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed.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 day of 1982. C airman, New Hanover County Commissioners AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 18, 1970 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section I. The Zoning Map of Zoning Area 3 is hereby amended by removing the hereinafter described tract from the R -15 Residential Zoning District Classification and placing it in the R -20 Zoning District Classification, said land being described as follows: BEGINNING at a point in the southern bank of Bridgers Creek, thence in an easterly direction along the bank to a point in the northern right -of -way of Dunbar Road (SR 1490), the total distance between said points being approximately 2620± feet; thence easterly along the same creek bank 800± feet to a point; thence southwesterly 700± feet to a point, thence 1645 feet in a northwesterly direction to the point of beginning. The following parcels are included: Tax Map 37 -00 Block 005 Parcel 001 Tax Map 45 -00 Block 001 Parcels 004, 04.1, 04.2, 005 45 -00 Block 002 Parcel 001 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 3 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 7th day of April, 1986. ..• °`' RN 0 VLr ? R va �•O.. ° ° °' °.�•••0 ee ARO • G2 CHAIRMAN AND MrM ISSI NER eli AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 3 OF NEW HANOVEP, COUNTY,, NORTH CAROLINA ADOPTED JULY (5), 1971 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Toning Area No. 3 is hereby amended by removing the hereinafter described tracts from the R -15 and R -20 Residential Zoning District Classifications and placing them in the R -20S Residential Zoning District Classification, said land being described as follows: Beginning at a point, said point being in the centerline of the Intracoastal Waterway and the intersection of the centerline with the centerline of Howe Creek if extended easterly; thence in a northerly direction along the centerline of the Intracoastal Waterway 11,000± feet to its intersection with the centerline of Pages Creek if extended easterly; thence in a westerly direction along the centerline of Pages Creek approximately 4,000± feet to a point in the centerline; thencE! in a southerly direction along the eastern side of Treasure Cove Subdivision 2,000± feet to a point; thence in an easterly direction 1,000± feet along the perimeter of Treasure Cove Subdivision to a point, thence in a southerly direction, again along the perimeter of Treasure Cove Subdivision 850± feet to a point; thence in a westerly direction along the .perimeter of Treasure Cove Subdivision 209± feet to a point; thence in a southerly direction along the western perimeter of Treasure Cove 450± feet to a point in the southern right of way of Middle Sound Road; thence in a east, southeasterly direction along the right of way of Middle Sound Loop Road 3,950± feet to a point; thence in a west:erly direction along the southern perimeter of Ocean View Subdivision 826.8± feet to a point, said point being the nc;rthwest corner of Parcel 004, Block 007, Tax Map 45 -00; thence southerly along the western boundary of the same pEircel. 785.5± feet to a point; thence northwesterly along the nothern line of Parcel 002, Block 007, Tax Map 45 -00 7401: to a point; thence southwesterly 350± feet to a point along the perimeter of Parcel 002 to a point in the perimeter of S-toneybrook Subdivision; thence northwesterly along thE! perimeter of Stoneybrook 500± feet; thence continuing alone the perimeter of Stoneybrook Subdivision as follows: thencEt northeasterly 450± feet to a point; thence northwesterly 800± feet to a point; thence southeasterly 600± feet: to a paint; thence southwesterly 1100± feet to a point; thence southeasterly 250± feet to a point; thence southwesterly 425± feet to a point; thence west southwest 190± feet to a point; thence southerly 120± feet to a point; thence southeasterly 75± feet to a point in the northern right of way of Middle Sound Loop Road; thence -- westerly along the northern right of way of Middle Sound Road 4,400± feet to a point; thence southwesterly 4,100± feet paralleling and adjacent to Brandywine Subdivision and continuing along said line to the centerline of Howe Creek; thence following Howe Creek. along the centerline in a easterly direction to its intersection if extended with the centerline of the Intracoastal Waterway; said point being the place of beginning. �r, 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 No. 3 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 4th day of January, 1988. _ h �� CH RMAN AND COMMISSIONER AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 18, 1970 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 3 is hereby amended by removing the hereinafter described tract from the R -15 Residential Zoning District Classification and placing it in the R -20 Residential Zoning District Classification, said land being described as follows: AREA I Beginning at a point in the approximate centerline of Bridgers Creek, said point being the northern extension of the R -20 Zoning District north of Seven Oaks Subdivision, thence southwesterly along the centerline of said creek 8000+ feet to a point, said point being the intersection of lot corners for Parcels 006, 002 -001 and 005 -003 of Tax Map 44 -00, Block 003; thence southeasterly along the southern boundary of Parcel 005 -003 600 feet to a point; thence southeasterly 280+ feet to a point in the centerline of an un -named tributary; thence 320+ feet easterly to a point in the western right -of -way of SR 1407, said point also being the intersection of the western right -of -way of SR 1407 and the northern property line of Parcel 001, Tax Map 44 -00 Block 007; thence southwesterly 1060+ feet to a point in the southern right -of -way of Middle Sound Loop Road, thence easterly along said right -of -way 600+ feet to a point; thence along the southern property line of Parcel 001, Block 007, Tax Map 44 -00 to a point, said point being the intersection of lot corners for parcels 013 and 015 of Block 10, Tax Map 44 -00; thence along the western boundary of Parcel 013 to the southwest corner of the same parcel; thence 1200+ feet in a southeasterly direction to the southwest corner of Brandywine Subdivision; thence northerly along the western boundary of Brandywine Subdivision to a point in the southern right -of -way of Middle Sound Loop Road; thence 300+ feet along said right -of -way to a point; thence in a northerly direction along the western boundary of Queen's Point and Crest View Subdivisions to a point in the southern right -of -way of Middle Sound Loop Road; thence 2300+ feet along said right -of -way to a point; thence 200+ feet southerly along the eastern boundary of Parcel 001 (lot 20) Crestview; thence following the eastern boundary of Parcel 001 -001, Block 003, Tax Map 44 -12 to the southeast corner of said parcel; thence along the eastern boundary of - Parcel 003, Block 003 Tax Map 44 -12 to its intersection with the northwest corner of Parcel 008, Block 004, Tax Map 44 -00; thence easterly along the northern boundary of Parcel 008 to a point in the northwest side of Sandybrook; thence easterly and southerly around the perimeter of Sandybrook to a point in the northern right -of -way of Middle Sound Loop Road; thence along the right -of -way in an easterly direction to the existing R -20 District; thence along the western R -20 District line to the existing R -20S District line, said point being in the western perimeter of Stoneybrook Subdivision; thence around the perimeter of Stoneybrook north and east to the existing R -20 District on the north side of Stoneybrook; thence northerly along the western boundary of the R -20 District to a point in the southwest corner of Bayview Subdivision; thence northerly along the western boundary of Bayview Subdivision to the southwest corner of Parcel 016, Block 004 of Tax Map 45 -00; thence 1020+ feet to a point in the western right -of -way of Middle Sound Loop Road; thence north and west along the right -of -way of the Loop Road to a point; said point being the northeast corner of Parcel 011, Block 007, Tax Map 45 -00; thence around the eastern, southern and western perimeter of North Bend and Glen Arbor Subdivisions to a point in the southern right -of -way of Middle Sound Loop Road; thence westerly along said right -of -way 800+ feet to a point; thence northerly along the western boundary of North Hills and Treasure Cove Subdivisions to a point; said point being the southeast corner of Parcel 006 Block 003 of Tax Map 45 -05; thence along the southern and western boundary of said parcel to the existing R -20 District line at the northwest corner of said parcel; thence northwesterly along the R -20 District line to the point and place of beginning in the centerline of Bridgers Creek. AREA II Beginning at the southeast corner of Brandywine Subdivision and the R -20S Zoning District line, running thence south along the R -20S District boundary to the centerline of Barren Inlet Creek; thence westerly along said centerline to the intersection with Core's Creek; thence northwesterly along the Core's Creek centerline to the southwest corner of Parcel 011, Block 004, Tax Map 44 -00; thence along the western boundary of said parcel to the southern boundary of Brandywine subdivision; thence easterly along the southern boundary of said subdivision to the point and place of beginning. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Zoning Area No. 3 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. e 5th day of July, 1988. 4r*kw--t�dhe Board NORTH CAROLINA NEW HANOVER COUNTY a Notary Public of the State and County oresa' ertify at Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County and that by authority duly given and as the act of the B ard, the foregoing it en was si ned in its name by its & -j , / /// __ sealed with its corporate seal and attested by herself as its Clerk. W TNESS my hand and official seal, this day of 1988. �® No ar �-- My commi si n expires: d PU30C u s' �'ti°iEa co��c` AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 1970 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 3 is hereby amended by adding the hereinafter described tract to the Special Highway Overlay District. Said land is described as follows being described as follows: A special highway overlay district boundary 500 feet in depth on each side of the right -of -way of Military Cut -off Road; the boundary on the east side beginning 500 feet west of the intersection of Military Cut -off and Eastwood Roads . and shall run parallel to Military Cut -off and shall terminate at a point 600 feet east of the southeast corner of the Ogden Shopping Center; thence the line shall run westerly 600 feet to the southeast corner of the Ogden Shopping Center; thence southerly parallel to Military Cut -off to a point in the northern right -of -way of Eastwood Road; said point being 500 feet west of the intersection of Military Cut-off and Eastwood Roads. 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 No. 3 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 November, 1988. ak- Fred-Retchin, Vice Chairman AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 18,1970 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH 1I1. 0 Section 1. The Zoning Map of Zoning Area No. 3 is hereby amended by removing the hereinafter described tract from the R -15 Residential Zoning District Classification and placing it in the O -I Office and Institution Zoning District Classification, said land being described as follows: Beginning at a point in the southern right -of -way line of Old McCumber Station Road; said point being in the northeast corner of the Lucia Point Subdivision and the northwesternmost point of the Raiford Trask, Jr. property; running thence southeast along the southern right - of -way of Old McCumber Station Road 2016.82 feet to a P.J. stone; thence south 34 degrees, 26 minutes west 741.4 feet along the right -of -way of Old McCumber Station Road to a point in the land owned by the Town of Wrightsville Beach; thence north 64 degrees 40 minutes west 152 feet; thence north 29 degrees 46 minutes west 160.6 feet; thence north 84 degrees 46 minutes west 199 feet; thence south 74 degrees 03 minutes west 121 feet; thence south 06 degrees 35 minutes east 94.3 feet; thence south 01 degree 43 minutes east 64 feet; thence south 02 degrees 16 minutes west 107 feet; thence south 33 degrees 04 minutes east 137 feet; thence south 08 degrees 32 minutes east 38 feet; thence south 27 degrees 53 minutes west 18 feet; thence south 11 degrees 03 minutes east 93 feet; thence south 15 degrees 24 minutes east 30 feet; thence south 02 degrees 00 minutes west 40 feet; thence south 32 degrees 12 minutes east 78 feet; thence south 40 degrees 35 minutes east 56 feet to a point in the right - of -way of Old mCumber Station road; thence south 34 degrees 26 minutes west 490 feet to a point; thence north 47 degrees 46 minutes west 900 feet to a point in the southeast corner of the county library property (Map Book 1502 page 690); thence 200+ north 05 degrees 23 minutes east along the eastern line of the library property; thence north 47 degrees 46 minutes 17 seconds west 544.32 feet to a point in the eastern right -of -way line of Military Cutoff; thence northeast along the eastern right -of -way line of Military Cutoff 1860.5 feet to a point; thence south 73 degrees 30 minutes east along the centerline of a branch of Barren Inlet Creek; thence along said branch south 87 degrees 24 minutes east 481 feet to an old pipe; thence north 44 degrees 55 minutes west 275+ feet to a point in the southeast corner of Lucia Point; thence north 23 degrees 31 minutes east 1, 080 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 No. 3 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 August, 1998. to the :•. • - W jL,c = Q e.,.4..- William A. Caster, Chairman h4- aAm, 4 4 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18,1970 I'M THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 3 is hereby amended by removing the hereinafter described tract from the R -15 Residential Zoning District Classification and placing it in the O -I Office and Institution Zoning District Classification, said land being described as follows: Being all of said property as recorded in Book 1502, page 0690 of the New Hanover County Registry, "New Hanover County Library". 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 3 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 9th day of November, 1998. Attest: C rk to the Board William A. Caster, Chairman ,e,4 Vo*Al -? lo AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18,1970 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 3 is hereby amended by removing the hereinafter described tract from the R -15 Residential and B- 2 Business Zoning District Classification and placing it in the O -I Office and Institution Zoning District Classification, said land being described as follows: Beginning at a point in the western right -of -way line of Military Cutoff; said point being an existing iron pipe marking the northeast corner of lot 43, Westwood Heights, Map Book 10, page 37; running thence North 35 degrees 47 minutes 22 seconds 567.31 feet to a point; thence South 81 degrees 26 minutes 38 seconds East 467.09 feet to an existing iron pipe in the western right- of -fway line of Military Cutoff; thence South 00 degrees 50 minutes, 06 seconds West 24 7.86 feet along the western right -of -way to the point and place of beginning. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Zoning Area 3 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 9th day of November, 1998. ?) A4�" 0. 0"'� - William A. Caster, Chairman Attest: •�' - I k./ YYLZ 6 Q�,,••y,�99� d_ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 18, 1970 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 3 is hereby amended by removing the hereinafter described tract from the R -15 Residential Zoning District Classification and placing it in the O -I Office and Institution Zoning District Classification, said land being described as follows: Beginning at an iron pipe in the western line of the Military Cutoff Road (SR 1409, 100 foot right -of -way) that is North 9 degrees 25 minutes East along said line of said road 109.00 feet from a point that is opposite a point in the centerline of said road that is maidway between twin culverts under said road; said point being southwardly along said road about 0.4 mile from its intersection with MacCumber Station Road (SR 1471) that leads to the southeast; running thence from said beginning point North 80 degrees 35 minutes West 515.01 feet to a 16 inch white oak that is used as a corner fence post; thence North 89 degrees 39%2 minutes West 308.75 feet to an iron pipe; thence North 9 degrees 25 minutes East and parallel with Military Cutoff Road 348.85 feet to an iron pipe; thence South 80 degrees 35 minutes East 820.00 feet to an iron pipe in the western line of said road; thence south 9 degrees 25 minutes West along said line of said road 300.00 feet to the point of beginning; the same containing 5.82 acres and being a portion of the second tract conveyed to Hardy R. Parker and wife by deed recorded in Book 522 at page 41 of the New Hanover County registry (8.7 acre tract from Emma S. Hughes), together with a portion of the Hardy R. Parker tract to the west of said second tract; also being the same property as conveyed to Mabel Duke Parker (single) by deed recorded in Book 1246 at page 1026, New Hanover County 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 3 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 4th day of January, 1999. Attest: (14ex�/ Cl to the Board t William A. Caster, Chairman l `� '_: 7�t .fie. 3 of Lac. 4, �.00�- Z. AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18,1970 Z- 787,11/04 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.3 is hereby amended by removing the hereinafter described tract from the R -20 Residential Zoning District Classification and placing it in the R -15 Residential Zoning District Classification, said land being described as follows: A certain tract or parcel of land lying and being in New Hanover County, North Carolina and being all of that tract of land identified as tax parcel R04400- 003 -005 -003 on the west side of Darden Road (S.R. 1407) and containing 5.90 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 No. 3 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. Attest: n day of December, 2004. � � 7 Clerk to the Board Robert G. Greer, Chairman Z6l Seca -l0 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18,1970 CASE: Z-838,5/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 3 is hereby amended by removing the hereinafter described tracts from the R -20S Residential Zoning District Classification and placing them in the CD (R -15) Residential Zoning District Classification, said land being described as follows: Parcel 1: BEGINNING AT THE INTERSECTION OF THE SOUTHERN RIGHT OF WAY LINE OF MASON LANDING ROAD (60' PUBLIC R/W), AND THE EASTERN RIGHT OF WAY LINE OF TURNER NURSERY ROAD (SR 1406,40- PUBLIC R/W). THENCE, FROM SAID BEGINNING POINT, ALONG AND WITH SOUTHERN RIGHT OF WAY OF MASON ,LANDING ROAD, NORTH 97 DEGREES 01 MINUTES 33 SECONDS EAST 283.79 FEET TO AN EXISTING IRON PIPE, THENCE CONTINUING ALONG SAID RIGHT OF WAY, NORTH 87 DEGREES 10 MINUTES 08 SECONDS EAST 6527 FEET TO AN EXISTING IRON PIPE, THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 86 DEGREES 51 MINUTES 38 SECONDS EAST 170.46 FEET TO A POINT, SAID POINT ALSO BEING LOCATED SOUTH 74 DEGREES 44 MINUTES 25 SECONDS WEST 129.48 FEET FROM A RAILROAD SPIKE LOCATED IN THE CENTER LINE INTERSECTION OF MASON LANDING ROAD WHERE IT TAKES A NORTHERLY TURN. THENCE SOUTH 47 DEGREES 03 MINUTES 35 SECONDS EAST 1089.26 FEET TO A RED STONE. THENCE SOUTH 34 DEGREES 37 MINUTES 10 SECONDS WEST 73.82 FEET TO A ,POINT. THENCE SOUTH 49 DEGREES 16 MINUTES 20 SECONDS EAST 469.00 FEET TO A POINT IN THE INTRA.- COASTAL WATERWAY. THENCE SOUTH 36 DEGREES 36 MINUTES 54 SECONDS WEST 99.94 FEET TO A POINT IN THE WATERWAY, THENCE NORTH 47 DEGREES 55 MINUTES 42 SECONDS WEST 466.80 FEET TO A POINT. THENCE NORTH 46 DEGREES 50 MINUTES 42 SECONDS WEST 499.98 FEET TO AN OLD STONE. THENCE NORTH 36 DEGREES 55 MINUTES 51 SECONDS WEST 17.98 FEET TO A POINT. THENCE SOUTH 53 DEGREES 12 MINUTES 10 SECONDS WEST 81.19 FEET TO A POINT. THENCE SOUTH 53 DEGREES 03 MINUTES 20 SECONDS WEST 216.89 FEET TO AN EXISTING RON PIPE. THENCE CONTINUING THE SAME COURSE 19.85 FEET TO AN IRON PIPE SET IN tHE EASTERN RIGHT OF WAY OF TURNER NURSERY ROAD. THENCE ALONG AND WITH THE EASTERN R/W OF SAID ROAD, NORTH 35 DEGREES 55 MINUTES 19 SECONDS WEST 286.74 FEET TO AN IRON PIPE SET, SAID IRON PIPE ALSO BEING LOCATED NORTH 50 DEGREES 54 MINUTES 1 I SECONDS EAST 19.07 FEET FROM A RAILROAD SPIKE IN THE CENTERLINE OF SAID ROAD. THENCE ALONG AND WITH SAID RIGHT OF WAY, NORTH 41 DEGREES 04 MINUTES 17 SECONDS WEST 355.64 FEET TO A DOT R/W MONUMENT. THENCE ALONG AND WITH SAID RIGHT OF WAY NORTH 46 DEGREES 19 .MINUTES 57 SECONDS WEST 265.34 FEET TO THE POINT OF BEGINNING. CONTAINING 10.07 ACRES. Parcel 2: Z -838 Page 1 of 2 COMMENCE AT THE INTERSECTION OF THE SOUTHERN RIGHT OF WAY LINE OF MASON LANDING ROAD (60' PUBLIC R/W), AND THE EASTERN RIGHT OF WAY LINE OF TURNER NURSERY ROAD (SR 1406, 40' PUBLIC R/W). "THENCE SOUTH 87 DEGREES 27 MINUTES 04 SECONDS WEST 57.62 FEET TO A DOT R/W MONUMENT AT THE INTERSECTION OF SOUTHERN R/W OF MASON LANDING, AND WEST R/W OF TURNER NURSERY ROAD. THENCE ALONG AND WITH WESTERN R/W OF TURNER NURSERY ROAD SOUTH 46 DEGREES 37 MINU'T'ES 37 SECONDS EAST 303.82 FEET TO A DOT R/W MONUMENT IN THE WESTERN R/W OF TURNER NURSERY ROAD. THENCE ALONG AND WITH SAID R/W SOUTH 41 DEGREES 04 MINUTES 17 SECONDS FAST 90.80 FEET TO THE POINT OF BEGINNING. THENCE FROM SAID POINT OF BEGINNING SOUTH 41 DEGREES 04 MINUTES 17 SECONDS EAST 260.76 FEET TO A DOT R/W MONUMENT. SAID R/W MONUMENT ALSO BEING LOCATED SOUTH 52 DEGREES 02 MINUTES 56 SECONDS WEST 20.98 FEET FROM A RAILROAD SPIKE IN THE CENTERLINE OF TURNER NURSERY ROAD. THENCE SOUTH 35 DEGREES 55 MINUTES 19 SECONDS EAST 87.64 FEET TO AN IRON PIPE SET. THENCE, SOUTH 53 DEGREES 49 MINUTES 13 SECONDS WEST 168.20 FEET TO AN EXISTING IRON PIPE, THENCE, NORTH 41 DEGREES 51 MINUTES 42 SECONDS WEST 334.76 FEET TO AN EXISTING IRON PIPE. THENCE, NORTH 49 DEGREES 15 MINUTES 18 SECONDS EAST 180.07 FEET TO THE POINT OF BEGINNING. CONTAINING 1.39 ACRES MORE OR LESS, AND BEING THE SAME AS DESCRIBED IN DEED BOOK. 4959 PAGE 2639 OF THE NEW HAN'OVER COUNTY REGISTRY, Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No.3 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 Attest: Adopted the 1St day of May 2006. Sheila Schult, Clerk to the Board Z -838 Page 2 of 2 Robert G. Greer, Chairman z6/. 3.l AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED December 7, 1981 CASE: Z -838, modified 11/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 3 is hereby amended by removing the hereinafter described tracts from the R -20S Residential Zoning District and placing them in the Conditional Use District CD(R -20) Classification for residential use, said land being described as follows: BEGINNING at a point in the southern boundary of Mason Landing Road (S.R. 1404), a 60' public right -of -way; said point being located North 79 °44'28" East, 20.98 feet from the intersection with the northeastern boundary of Register Lane, a 40' private right -of -way, recorded among the land records of the New Hanover County Registry in Map Book 39, at Page 320; and running thence from the point of beginning with the boundary of Mason Landing Road, North 79 009'36" East, 270.74 feet to a point; thence leaving the right -of -way, South 51 059'14" East, 96.43 feet to a point; thence South 52 01016" East, 346.94 feet to a point; thence North 52 049'57" East, 191.87 feet to a point in the southwestern boundary of Deep Creek Run (S.R. 1406), a 45' public right -of -way; thence with that boundary, South 46 037'37" East, 23.11 feet to a point; thence South 41 004'17" East, 90.80 feet to a point; thence leaving the right -of -way, South 49 016'42" West, 180.07 feet to a point; thence South 41 °50'18" East, 334.76 feet to a point; thence South 53 050'36" West, 157.99 feet to a point; thence North 47 °25'11" West, 328.70 feet to a point; thence North 57 °00'40" East, 2.50 feet to a point; thence North 52 059'20" West, 706.44 feet to the point and place of beginning, containing 4.70 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 Area No. 3 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 and also subject to the companion special use permit site plan associated with this case number in accordance with Section 59.7 of the New Hanover County Zoning Ordinance. Z -838M Page 1 of 2 Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A -341, that this zoning map amendment is: A. Consistent with the purposes and intent of the land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest based on the proposed companion site plan. Adopted the 5th day of November, 2007. Attest: 'n\ Sheila L. Schult, Clerk to the Board Z -838M Page 2 of 2 William A. Caster, Chairman r_1 T V _ Zoning Book Section __3.__R AN ORDINANCE OF THE COUNT' OF NEW HAN017ER AMENDING THE ZONING MAP OF ZONING AREA No. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 18, 1970 CASE: Z-897,08/09 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 3 is hereby amended by removing the hereinafter described 9.93 acre tract at 611 Middle Sound Loop Road from the R -15 Residential District and placing it in an EDZD Exceptional Design Zoning District in conjunction with the approved master plan, said lands being tax parcel number R0400 -003- 121 -000 and described in the deed as follows: Beginning at an existing iron pipe in the northern line of Middle Sound Loop Road (S.R. # 1403, 60 foot public right -of -way), said pipe marking the southwestern corner of a tract of land conveyed to Buster Mincey and wife, Minnie B. Mincey as recorded in deed book 904 page 202 of the New Hanover County Registry, said iron pipe also being located North 87 degrees 39 minutes 50 seconds West 324.81 feet, South 87 degrees 39 minutes 48 seconds West 159.74 feet, South 84 degrees 10 minutes 56 seconds West 75.47 feet, South 83 degrees 41 minutes 35 seconds West 93.15 feet and South 84 degrees 19 minutes 13 seconds West 235.08 feet from a concrete monument marking the intersection of said line of Middle Sound Loop Road with the centerline of South Branch Road (60 foot public right -of -way); running thence from said point of beginning with the northern line of Middle Sound Loop Road along a curve to the North having a radius of 2,377.17 feet and a chord bearing and distance of North 87 degrees 36 minutes 56 seconds West 420.61 feet to an existing iron pipe marking the southeastern corner of Lot 162 Section 5'& 6 Phase 1 Emerald Forest as recorded in Map Book 36 Page 253 of said registry. thence leaving said right -of -way line and running with the eastern line of Emerald Forest subdivision North 06 degrees 26 minutes 25 seconds East 133.75 feet to an existing iron rod, North 48 degrees 37 minutes 13 seconds East 93.96 feet to a set iron pipe marking the northeastern corner of Lot 160 Emerald Forest, North 41 degrees 22 minutes 47 seconds West 177.19 feet, North 45 degrees 25 minutes 04 seconds West 15.07 feet to a set iron pipe marking the southeastern corner of Lot 155 Emerald Forest, North 49 degrees 57 minutes 10 seconds East 381.18 feet to an existing iron rod marking the northeastern comer of Lot 153 of said section and - phase of Emerald Forest as recorded in Map Book 39 Page 25 of said registry; running thence with said section and phase of Emerald Forest North 49 degrees 56 minutes 58 seconds East 327.12 feet to an existing iron rod marking the northeastern corner of Lot 167 of said section and phase of Emerald Forest and South 44 degrees 57 minutes 39 seconds East 123.66 feet to an existing iron rod marking the southeastern corner of Lot 150 of said section and phase of Emerald Forest and the southeastern corner of Lot 140 Section 6 Phase 3 -13 Emerald Forest as recorded in Map Book 41 Page 291 of said registry; running thence with said section and phase of Emerald Forest South 45 degrees 00 minutes 58 seconds East 123.73 feet to an existing iron pipe and South 44 degrees 41 minutes 15 seconds East 298.23 feet to an existing iron rod in the northwestern line of a tract of land conveyed to Leon A. Padrick and wife, Betty J. Padrick as recorded in Deed Book 1164 Page 1542 of said registry, said pipe marking the southernmost corner of Lot 139of said section and phase of Emerald Forest; running thence with the northwestern line of the above mentioned Padrick tract South 47 degrees 32 minutes 19 seconds West 174.90 feet to an existing iron pipe marking the northwestern corner of said Padrick tract and the northeastern corner of a tract of Z -897 Pagel Y-' land conveyed to Florence P. Aycock as recorded in Deed Book 2893 Page 609 of said registry; running thence with the northwestern line of said Aycock tract South 47 degrees 32 minutes 19 seconds West 42.85 feet to an existing iron pipe marking the northwestern corner of said Aycock tract and the northeastern corner of the above mentioned Mincey tract; running thence with the northwestern line of said Mincey tract South 47 degrees 32 minutes 19 seconds West 411.50 feet to the point of beginning, Containing 9.93 acres more or less and being a portion of the Ann J. Kung tract as recorded in Deed Book 737 Page 294 and all of a tract of land conveyed to Ann J. King as recorded in Deed Book 2154 Page 528 of said registry. Subject to all utility easements of record. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No. 3 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. Section 5. The County Commissioners find, in accordance with the provisions ofNCGS 153A -341, that this zoning map amendment of approximately 9.93 acres from R -15 Residential District to EDZD Exceptional Design Zoning District is: A. Consistent with the purposes and intent of the Exceptional Design Zoning District outlined in Section 53.6 of the New Hanover County Zoning Ordinance and several Policies of the 2006 CAMA Land Use Plan, including Natural Resources, Land Use and Urban Design. Transportation and Housing. B. Reasonable and in the public interest to rezone 9.93 acres at 611 Middle Sound Loop Road from R -15 Residential to EDZD Exceptional Design Zoning District with the condition that there be a maximum of 47 units. Adopted the 2 °d day of August, 2010. $JasoR.ompson, Chairman Z -897 Page 2 Attest: t Sheila L. Schult, Clerk to t e oard Zoning Book .,.., Section —3 Page 3 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED December 7, 1981 and subsequently amended CASE: Z -838, Modified (05/11) THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 3 is hereby amended by removing the hereinafter described tract from the Conditional Use District CD (R -20) Classification for Residential Use and returning it to R -20S Residential Zoning District, said land being described as follows: BEGINNING at a point in the southern boundary of Mason Landing Road (S.R. 1404), a 60'public right -of -way; said point being located North 79 degrees 44 feet 28 inches East, 20.98 feet from the intersection with the northeastern boundary of Register Lane, a 40 foot private right -of -way, recorded among the land records of the New Hanover County Registry in Map Book 39, at Page 320; and running thence from the point of beginning with the boundary of Mason Landing Road, North 79 degrees 09 feet 36 inches East, 270.74 feet to a point; thence leaving the right -of -way, South 51 degrees 59 feet 14 inches East, 96.43 feet to a point; thence South 52 degrees 10 feet 16 inches East, 346.94 feet to a point; thence South 47 degrees 17 feet 23 inches East; 126.51 feet to a point; thence South 41 degrees 50 feet 18 inches East, 334.76 feet to a point; thence South 53 degrees 50 feet 36 inches West, 157.99 feet to a point; thence North 47 degrees 25 feet 11 inches West, 328.70 feet to a point; thence North 57 degrees 00 feet 40 inches East, 2.50 feet to a point; thence North 52 degrees 59 feet 20 inches West, 706.44 feet to the point and place of beginning, containing 4.19 acres, more or less. Section 2. The Zoning Map of Zoning Area No. 3 is hereby further amended by removing the hereinafter described tract from the Conditional Use District CD (R -20) Classification for Residential Use and placing it in the Conditional Use District CD (R -15) Classification for residential use, said land being described as follows: BEGINNING at a point in the southern boundary of Deep Creek Run (S.R. 1406), a 45' public Pigbt -of -way; said point being located South 46 degrees 52 feet 54 inches East, 96.16 feet, and South 46 degrees 29 feet 38 inches East, 184.55 feet along the southern boundary from its intersection with the southeastern boundary of Mason Landing Road (S.R. 1404), a 60' public right -of -way; and running thence with the right -of -way of Deer Creek Run, South 46 degrees 37 feet 27 inches East, 23.11 feet to a point; thence South 41 degrees 04 feet 17 inches East, 90.80 feet to a point; thence leaving the right -of -way, South 49 degrees 16 feet 42 inches West, 180.07 feet to a point; thence North 47 degrees 17 feet 23 inches West, 126.51 feet to a point; thence North 52 degrees 49 feet 57 inches East, 191.87 feet to the point and place of beginning, containing 0.51 acres, more or less. Section 3. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No. 4 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 Z -838M Page 1 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 companion special use permit 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 153A -341, that both of these zoning map amendments of approximately 4.19 acres from CD (R -20) conditional district to R -20S residential district and approximately 0.51 acres from CD (R -20) conditional district to CD (R -15) conditional district is: Consistent with the purposes and intent of the Conditional Use District outlined in section 59.7 -1 of the New Hanover County Ordinance and the intent of both the Conservation and Wetland Resource Protection classifications of the 2006 CAMA Land Use Plan. Reasonable and in the public interest to rezone 4.19 acres of Conditional District CD (R -20) residential property to R -20S and remove it from the previously approved residential subdivision of Masons Landing Yacht Club to make it consistent with the surrounding area. It is also reasonable and in the public interest to rezone 0.51 acres of Conditional District CD (R -20) residential property to Conditional District CD(R -15) to be consistent with the remainder of the residential lots and subject to the site plan for the companion special use permit for the revised 10.375 acre CD(R -15) district. Adopted the 1" day of August, 2011. Attest: Sheila L. Schult, Clerk to the Boar Z -838M Page 2 Zoning Boo Section Page AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18, 1970 respectively and subsequently amended CASE: Z -937, 12/14 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 tracts from an R -20, Residential Zoning District, and placing them in an R- 15, Conditional Residential Zoning District, said land consisting of 8.52 acres and being described legally as follows: Tract 1: Beginning at a point on the right -of -way line of Darden Road, a common corner with Ogden Place subdivision, thence the following courses and distances: • N 48 °39'41" W a distance of 178.88 feet; • N 41 °59'42" E a distance of 253.74 feet to a point on the right -of -way line of Darden Road; Thence along said right -of -way line the following courses and distances: • Thence S 13 048'48" W a distance of 50.54 feet; • Thence with a curve turning to the left having an arc length of 181.78 feet, a radius of 785.11 feet, with a chord bearing of S 07 °10'50" W, and having a chord length of 181.37 feet to a point; • Thence S 00 032'04" W a distance of 77.71 feet; which is the point of beginning, having an area of 0.47 acres. Tract 2: Beginning at a point on the right -of -way line of Darden Road, a common corner with William Wood Heirs, thence the following courses and distances: • Thence N 42 °01'07" E a distance of 122.51 feet to a point; • Thence N 41 °57'05" E a distance of 146.04 feet to a point; • Thence N 41 °53'48" E a distance of 149.40 feet to a point; • Thence S 50 °52'24" E a distance of 416.38 feet to a point, the Northern corner of the 1.45 acre tract hereafter described; • Thence along the north line of the aforementioned 1.45 acre tract S 42 °46'28" W a distance of 290.19 feet to a point; • Thence S 42 °46'43" W a distance of 508.18 feet to a point; • Thence S 46 °23'14" W a distance of 18.12 feet to a point; • Thence N 48 °37'14" W a distance of 144.47 feet to a point on the right -of- way line of Darden Road, a common corner with Ogden Place subdivision; Z -937, 12/14 Page 1 Thence along said right -of -way line the following courses and distances: • Thence N 00 °32'53" E a distance of 129.51 feet to a point; • Thence, with a curve turning to the right having an arc length of 167.88 feet, a radius of 725.15 feet, a chord bearing of N 07 °10'50" E, and a chord length of 167.51 feet to a point; • Thence N 13 °48'48" E a distance of 163.96 feet to a point, which is the point of beginning, having an area of 6.60 acres. Tract 3: Beginning at a point, the Eastern corner of the aforementioned 6.60 acre tract, thence the following courses and distances: • Thence S 51 °01'53" E a distance of 227.97 feet to a point in a branch Thence with the meanders and run of the branch the following courses and distances: • Thence S 43 °24'14" W a distance of 26.29 feet; • Thence S 44 °27'48" W a distance of 51.21 feet; • Thence S 53 °50'23" W a distance of 36.69 feet; • Thence S 56 °21'13" W a distance of 57.37 feet; • Thence S 43 °36'23" W a distance of 26.29 feet; • Thence S 43 °24'14" W a distance of 39.02 feet; • Thence S 30 °06'43" W a distance of 65.03 feet; • Thence S 08 °27'13" W a distance of 12.79 feet to a point on a conservation easement line; Thence the following courses and distances: • Thence S 44 °11'01" W a distance of 21.01 feet; • Thence N 47 °44'36" W a distance of 225.55 feet to a point on the Southeastern line of the aforementioned 6.60 acre tract; • Thence along said Southeastern line N 42 °46'28" E a distance of 290.19 feet to a point, which is the point of beginning, having an area of 1.45 acres. 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 Z -937, 12/14 Page 2 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 153A- 341 that the zoning map amendment of approximately 8.52 acres of land from R -20, Residential Zoning District, to (CZD) R -15, Conditional Residential Zoning District is: Consistent with the purposes and intent of the "Watershed Resource Protection" land use classification in the 2006 CAMA Land Use Plan because the classification allows for residential developments that minimize impervious surface areas and provide for stormwater impact mitigation per Policy 3.12. Reasonable and in the public interest to provide for increased density in areas best suited for development while not impeding the quality of life of the existing residential community. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 55.3 and 51.6 of the County Zoning 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 112 of the zoning ordinance. Section 7. In accordance with Section 55.3 -6 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 24 months 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; all other state, federal and local rules; and any additional conditions hereinafter stated: 1. Impervious surface coverage shall be limited to thirty percent of the total site area, excluding areas within the NC DOT right -of -way for Darden Road. Integrated LID practices such as rain barrels, bioretention areas, and pervious pavement are encouraged. Z -937, 12/14 Page 3 Adopted the 5th day of January, 2015. Jo t an Barfie , Jr., Ch irman Attest: Teresa Elmore, Clerk to the Board r RM Me - r • Z -937, 12/14 Page 4 Zoning Bog —T Section ______ page ��5 _ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18, 1970 respectively and subsequently amended CASE: Z -959, 7/16 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The New Hanover County Zoning Map is hereby amended by removing the hereinafter described tract from an R -20S, Residential Zoning District, and placing it in a (CZD) R -20, Conditional Residential Zoning District, said land consisting of 17.42 acres and being described legally as follows: All that tracts or parcels of land located in Harnett Township, New Hanover County, State of North Carolina, being all of lots 1, 2, and 3 as shown on map book 53, page 353, a parcel of land as described in deed book 1290, page 1038 and shown in part of or entirety on map book 2, page 77 and map book 21, page 77, and a parcel of land as described in deed book 5673, page 1854; Said Tract being more particularly described as follows: Beginning at an iron pipe on the northwest side of Middle Sound Loop Road, a 60 foot wide public right of way. Said point being South 28 °11'06" West a Distance of 302.94' from an existing concrete monument being the southeast control corner of map book 52, page 168; Thence from said point of beginning with the northwest right of way line of Middle Sound Loop Road, South 27 °47'07" West a distance of 37.08' to an iron rod; Thence with a Curve Turning To The Right with an Arc Length of 138.35', with a Radius of 592.97', with a Chord Bearing of South 33 °08'02" West, with a Chord Length of 138.04', To an iron rod on the boundary of lot 5 as shown on map book 2, page 77; Thence with the northern boundary of lot 5 North 46 °15'37" West a distance of 558.37' to an iron rod set; Thence with the east boundary of lot 6 and the west boundaries of lots 5 and 4 the following 5 courses; South 33 °40'23" West a distance of 138.66' to an existing concrete monument; South 33 °41'47" West a distance of 65.04' to an existing iron rod; South 33 °41'47" West a distance of 100.06' to an existing concrete monument; South 33 °24'56" West a distance of 117.70' to an existing concrete monument; South 33 °39'15" West a distance of 117.34' to an existing concrete monument being the common corner of lots 3, 4, 6, and 9 of said map; Z -959, 7/16 Page 1 Thence with the southern boundary of lot 6 and the northern boundaries of lots 9 and 8 North 46 °59'06" West a distance of 100.38' to an iron pipe found; Thence North 46 °48'22" West a distance of 197.77' to an iron rod set; Thence with the apparent boundary line as occupied North 32 °54'54" East a distance of 9.59' to an iron pipe found; Thence with the apparent boundary line as occupied North 46 °26'06" West a distance of 199.53' to an iron pipe found; Thence with the apparent boundary line as occupied North 47 °03'31" West a distance of 29.97' to an iron pipe found; Thence with the western boundary of lot 1 as shown on map book 21, page 77 passing the centerline of a 30 foot access easement at 260.96' North 33 °33'08" East a total distance of 533.14' to an iron pipe found; Thence North 46 °52'53" West a distance of 162.34' to an iron pipe found; Thence with the northern boundary of lot 2 of said map and passing an existing iron rod at 401.98' marking the eastern line of a 30 foot access easement as shown on map book 21, page 77 and map book 2, page 77 North 46 °52'53" West a total distance of 432.41' to an existing iron stake in concrete on the eastern boundary of map book 18, page 109; Thence north with the boundary of map book 18, page 109 and the west boundary of lot 3 as shown on map book 53, page 353 North 33 °30'34" East a distance of 165.36' to an existing concrete monument; Thence South 46 °47'04" East a distance of 481.29' to an existing iron pipe; Thence north with land now or formerly of Holt North 33 °34'01" East a distance of 265.94' to an iron pipe found on the southerly boundary of a 30' easement; Thence crossing said easement North 33 044'06" East a distance of 30.41' to an iron pipe found on the northerly boundary of a 30' easement; Thence with the northern boundary of said easement South 46 °49'13" East a distance of 675.18' to an iron rod found; Thence southerly passing over the southern limit of said easement at 31.10 feet South 28 °10'08" West a distance of 302.80' to an existing iron rod; Thence South 46 °47'01" East a distance of 490.48' to an existing iron pipe being the Point of Beginning. Containing 759,013 + /- square feet or 17.425 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. Z -959, 7/16 Page 2 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 153A -341 that the zoning map amendment of approximately 17.42 acres of land from R -20S, Residential Zoning District, to (CZD) R -20, Conditional Residential Zoning District is: Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the development, in accordance with Policy 3.12 of the plan, will incorporate Low Impact Development techniques designed at filtrating stormwater runoff. The proposal is also consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed density is consistent with the ideal density range of the General Residential Place Type and because the development promotes responsible growth by preserving environmentally critical areas. Reasonable and in the public interest because the performance residential standards provide forthe preservation of increased amounts of open space forthe continuing enjoyment of the residents, to protect the natural environment and wildlife habitats, and to provide for recreational opportunities. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 55.3 and 51.5 of the County Zoning 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 112 of the zoning ordinance. Section 7. In accordance with Section 55.3 -6 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 24 months 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; all other state, federal and local rules; and any additional Z -959, 7/16 Page 3 conditions hereinafter stated: 1. Duplex, multi - family, and mobile home housing shall be prohibited. 2. Impervious coverage shall not exceed 30% of the site. 3. In addition to meeting county and state stormwater requirements, the development shall incorporate Low Impact Development (LID) techniques as described in the City of Wilmington /New Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County's Technical Review Committee (TRC). 4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum extent practicable, and only be removed in order to install necessary infrastructure needed to comply with applicable county and state regulations. 5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for the purpose of installing a future pedestrian facility. Adopted the 15t day of August, 2016. Beth Dawson, Chairman Attest: Ter a Elmore, Clerk to the Board Z -959, 7/16 Page 4 Zoning Book I _ Section —ML page ( AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18, 1970 respectively and subsequently amended CASE: Z- 959M,12/16 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 -20S, Residential Zoning District, and a (CZD) R -20, Conditional Residential Zoning District, and placing it in a (CZD) R -20, Conditional Residential Zoning District, said land consisting of 20.7 acres and being described legally as follows: All that tracts or parcels of land located in Harnett Township, New Hanover County, State of North Carolina, being all of lots 1, 2, and 3 as shown on map book 53, page 353, a parcel of land as described in deed book 1290, page 1038 and shown in part of or entirety on map book 2, page 77 and map book 21, page 77, and a parcel of land as described in deed book 5673, page 1854; Said Tract being more particularly described as follows: Beginning at an iron pipe on the northwest side of Middle Sound Loop Road, a 60 foot wide public right of way. Said point being South 28 °11'06" West a Distance of 302.94' from an existing concrete monument being the southeast control corner of map book 52, page 168; Thence from said point of beginning with the northwest right of way line of Middle Sound Loop Road, South 27 °47'07" West a distance of 37.08' to an iron rod; Thence with a Curve Turning To The Right with an Arc Length of 138.35', with a Radius of 592.97', with a Chord Bearing of South 33 °08'02" West, with a Chord Length of 138.04', To an iron rod on the boundary of lot 5 as shown on map book 2, page 77; Thence with the northern boundary of lot 5 North 46 °15'37" West a distance of 558.37' to an iron rod set; Thence with the east boundary of lot 6 and the west boundaries of lots 5 and 4 the following 5 courses; South 33 °40'23" West a distance of 138.66' to an existing concrete monument; South 33 °41'47" West a distance of 65.04' to an existing iron rod; South 33 °41'47" West a distance of 100.06' to an existing concrete monument; South 33 °24'56" West a distance of 117.70' to an existing concrete monument; South 33 °39'15" West a distance of 117.34' to an existing concrete monument being the common corner of lots 3, 4, 6, and 9 of said map; Z -959M, 12/16 Page 1 Thence with the southern boundary of lot 6 and the northern boundaries of lots 9 and 8 North 46 °59'06" West a distance of 100.38' to an iron pipe found; Thence North 46 °48'22" West a distance of 197.77' to an iron rod set; Thence with the apparent boundary line as occupied North 32 °54'54" East a distance of 9.59' to an iron pipe found; Thence with the apparent boundary line as occupied North 46 °26'06" West a distance of 199.53' to an iron pipe found; Thence with the apparent boundary line as occupied North 47 °03'31" West a distance of 29.97' to an iron pipe found; Thence with the western boundary of lot 1 as shown on map book 21, page 77 passing the centerline of a 30 foot access easement at 260.96' North 33 °33'08" East a total distance of 533.14' to an iron pipe found; Thence North 46 052'53" West a distance of 162.34' to an iron pipe found; Thence with the northern boundary of lot 2 of said map and passing an existing iron rod at 401.98' marking the eastern line of a 30 foot access easement as shown on map book 21, page 77 and map book 2, page 77 North 46 °52'53" West a total distance of 432.41' to an existing iron stake in concrete on the eastern boundary of map book 18, page 109; Thence north with the boundary of map book 18, page 109 and the west boundary of lot 3 as shown on map book 53, page 353 North 33 °30'34" East a distance of 165.36' to an existing concrete monument; Thence South 46 °47'04" East a distance of 481.29' to an existing iron pipe; Thence north with land now or formerly of Holt North 33 °34'01" East a distance of 265.94' to an iron pipe found on the southerly boundary of a 30' easement; Thence crossing said easement North 33 °44'06" East a distance of 30.41' to an iron pipe found on the northerly boundary of a 30' easement; Thence with the northern boundary of said easement South 46 °49'13" East a distance of 675.18' to an iron rod found; Thence southerly passing over the southern limit of said easement at 31.10 feet South 28 °10'08" West a distance of 302.80' to an existing iron rod; Thence South 46 °47'01" East a distance of 490.48' to an existing iron pipe being the Point of Beginning. Containing 759,013 + /- square feet or 17.425 acres, more or less. AND All of that parcel or tract of land located in New Hanover County, State of North Carolina, said parcel being the lands of WSLD Anchors Bend VI, LLC, as recorded in deed book 5640 at page 0548, and being more particularly described as follows: Z -959M, 12/16 Page 2 Beginning at a concrete monument being the east corner of said boundary and being on the northerly street boundary of Middle Sound Loop Road (SR 1403), being a 60' public right of way; Thence with said right of way line South 28 degrees 11 minutes 06 seconds West at a distance of 302.94' to an iron pipe, said iron pipe located at the cross section of the Northwesterly line of Middle Sound Loop Road and the boundary line between said WSLD Anchors Bend VI, LLC and the Lands of Raleigh- Wilmington Investors, LLC as recorded in deed book 5770 at page 1494; Thence leaving said right of way and with the lands of Raleigh- Wilmington Investors, North 46 degrees 47 minutes at a distance of 250.57' to an iron rod; Thence with the lands of Raleigh- Wilmington Investors, LLC as recorded in deed book 6000 at page 353, North 46 degrees 47 minutes 01 seconds West a distance of 239.91' to an iron rod; Thence with the lands of Raleigh- Wilmington Investors, LLC as recorded in deed book 5967 at page 2215, North 28 degrees 11 minutes 08 seconds East at a distance of 302.80' to an iron rod, said iron rod located on the boundary line between the lands of WSLD Anchors Bend VI, LLC and Lot 10 of the Anchors Bend Subdivision as recorded in map book 57 at page 378 on the Northeast; Thence with along said boundary line of lot 10 and lots 9, 8 and 7 of said subdivision, South 46 degrees 47 minutes 37 seconds East at a distance of 490.00' to the point of beginning, having an area of 143,356 +/- sq. ft. or 3.29 +/- 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. Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A -341 that the zoning map amendment of approximately 20.7 acres of land from R -20S, Residential Zoning District, and (CZD) R -20, Conditional Residential Zoning District, to (CZD) R -20, Conditional Residential Zoning District is: Consistent with the purposes and intent of the 2016 Comprehensive Plan because the development will promote environmentally responsible growth by Z -959M, 12/16 Page 3 incorporating Low Impact Development techniques designed at filtrating stormwater runoff, and by preserving the existing wetlands located on the property within open space areas. Reasonable and in the public interest because the project's reliance on performance residential standards allows for the preservation of increased amounts of open space for the continuing enjoyment of the residents, and for protection of the natural environment and wildlife habitats. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 55.3 and 51.5 of the County Zoning 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 112 of the zoning ordinance. Section 7. In accordance with Section 55.3 -6 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 24 months 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; all other state, federal and local rules; and any additional conditions hereinafter stated: 1. Duplex, multi - family, and mobile home housing shall be prohibited. 2. Impervious coverage shall not exceed 30% of the site. 3. In addition to meeting county and state stormwater requirements, the development shall incorporate Low Impact Development (LID) techniques as described in the City of Wilmington /New Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County's Technical Review Committee (TRC). 4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum extent practicable, and only be removed in order to install necessary infrastructure needed to comply with applicable county and state regulations. 5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for the purpose of installing a future pedestrian facility. Z -959M, 12/16 Page 4 Adopted the 9th day of January, 2017. Dj Woody White, Ch ,/man Attest: -I�m rj4W&t KyiU Crowell, Clerk to the Board Z -959M, 12/16 Page 5