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Home My WebLink AboutZ22-22 Order SIGNEDAN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1972 respectively and subsequently amended CASE: Z22-22 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, placing it in a (CZD) R-5, Conditional Residential District, said land consisting of approximately 7.63 acres and being described legally as follows: All of that certain lot or parcel of land located in New Hanover County, State of North Carolina, and being more particularly described as follows: BEING all of Lot 2R, containing a recombined acreage of 332365.95 SF or 7.630 AC, more or less, as shown on that map entitled "Recombination Survey For: Brock and Kern" dated August 31, 2017, prepared by Gary Wayne Keyes, PLS of Gary W. Keyes Land Surveying, P.C. and recorded in Map Book 63, Page 297 in the office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more complete description. Z22-22 Order Page 1 R b fi R m. 0 1 m mz mc� I w�T °II°°° o M �xao� 25 ----------s aroB•sa' w I --- ---T---B9.46---�� a n y ->�'b n - ml ---- 171.08 A J o om wl^_ Wm m -----N 4171.08' E---- -- l " tiq 171.08 m y HAz a m I ms $p 0 a S 3 E;ga„ �a "< 1 " - m,�1 m o ka( $ a" - y Immz . yy 0p� mm c � �Yu po I - \ IT 93�" ly�a 4 � ma I No m oy mlg mSogog 1 _ -"__- I m Im - Rl I IN I------------ m� s�T I y Na N i $A� yl ------- So5�2 1 w N m 1------------Wm\ 1 AI% 2 I�i 1 mA oEzIw m gu' T aim y 1 j Sf vz j�T �I8�%; s� C: gN$ �o yyl „' S1 E IOj m 9 i a. I >Y�> >_ I17� I boo mm �4ai� m 'lililim�� o ! M .00.8£.l£ 5 N IN x s g0'011 0 p o0 o z a 'ti Sio z ,�, I I ogm�ggmg I I ��ooa A y1 11 im 4 P� pPi II �, - .�� I i I I mo 0 [N a 9 I digj I '3 g > B$ } - a I I I c9imET a o }} I I o� II I II °z m G�tilf1 TAMMY THEUSCH O.ti0 4� �A BEASLEY New Hanover County 2 � n Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 } Telephone 910-7984530 " Fax 910-798-7716 'ram LIST VLd lit 440 Iy, �. State of North Carolina, County of NEW HANOVER Filed For Registration: 09/01/2017 04:38:47 PM Book: PLAT 63 Page: 297-298 2 PGS $21.00 Real Property $21.00 Recorder: STEPHANIE PEREZ Document No: 2017028747 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. BK: PLAT 63 Illil� IIIIIII��I��I��III�IIIIIIIIII�� i PG: 8 RECORDED: 2017028747 NC FEE $21.00 09-01-2017 NEW HANOVER COUNTY, NC 04:38:47 PM TAMMY THEUSCH BEASLEY BY: STEPHANIE PEREZ REGISTER of DEEDS DEPUTY 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 S. The County Commissioners find, in accordance with the provisions of NCGS 160D that the zoning map amendment of approximately 7.63 acres of land from a R-15, Residential District, placing it in a (CZD) R-5, Conditional Residential 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 Employment Center place type and the residential densities are in -line with those recommended for the property. 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 in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 3.4.5, 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. Z22-22 Order Page 2 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 or if work authorized by the approvals or permits associated with the conditional zoning has not substantially commenced. 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; and any additional conditions hereinafter stated: 1. Improvements will be made to existing drainage system within NCDOT right-of-way for completion of infrastructure improvements for the development in accordance with the standards and requirements of NCDOT and New Hanover County Engineering. 2. If the right-of-way offered for public dedication on the site plan is not accepted as a public right-of-way by the NCDOT, then the owner shall establish a perpetual arrangement for maintenance of the same by the owner of said right-of-way, via deed restriction or the like. 3. Access to the mail kiosk shall meet all ADA and accessibility requirements, and one visiting parking space located in front of or in close proximity to the mail kiosk may be removed to accommodate this. Adopted the 9tn day of January 2023. c Bill Rivenbark, Chair Attest: e4-41 a4,-19 Ky Crowell, Clerk to the Board Z22-22 Order Page 3