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Home My WebLink AboutZ23-14 Order and Concept Plan - SignedAN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7,1971 respectively and subsequently amended. CASE: Z23-14 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-15, Residential District and placing them in a (CZD) R-5, Residential Moderate -High Density District said land being described legally as follows: 7641 Carolina Beach Road BEGINNING at a new iron pipe that is in the eastern line of the U.S. Highway #421 access road, said pipe being South 83 degrees 17 minutes 30 seconds East 30.98 feet from a point in the centerline of the pavement of the abovementioned access road; said point being South 21 degrees 08 minutes 30 seconds West along said centerline 412.02 feet from the centerline of South Seabreeze Road, (60.0 foot right of way, S.R. #153); running thence from said beginning South 83 degrees 17 minutes 30 seconds East 374.46 feet to an old iron pipe; thence South 21 degrees 08 minutes 30 seconds West 238.05 feet to an old iron pipe; thence North 83 degrees 17 minutes 30 seconds West 374.46 feet to an "X" cut on a concrete slab that is in the aforementioned eastern line; thence North 21 degrees 08 minutes 30 second East along said eastern access road line 238.02 feet to the point of beginning. Containing 1.982 acres, more or less. The same being a portion of the Tract of Land conveyed to Lord Davis and wife, Roxanna Davis by Deed recorded in Book 409, Page 366 of the New Hanover County Registry. 7645 and 7647 Carolina Beach Road TRACT 1: BEGINNING at an iron pipe in the eastern right-of-way or the U.S. Highway #421 Access Road which Beginning point is located north 21 degrees 08 minutes 30 seconds east 100 feet from an old steel in the eastern right-of-way line of said access road, said old steel bar being located south 84 degrees 05 minutes east 31.09 feet from a point in the center line of said access road; said point in the center line of said access road being located 891.9 feet as measured southwardly along the center line of said access road from its intersection with the center line of Seabreeze Road (S.R. #1531); running thence from said BEGINNING Point with the eastern right-of-way line of said access road, north 21 degrees 08 minutes 30 seconds east 100 feet to an iron pipe; running thence south 83 degrees 47 minutes east 677.16 feet to an iron pipe; running thence south 21 degrees 08 minutes 30 seconds west 1000 feet to an iron pipe in Chester W. Jones' line, thence with Chester W. Jones' line north 83 degrees 47 minutes west 677.16 feet to the point of BEGINNING, containing 1.5 acres more or less, and being the northern half of the property conveyed to Ishmond Jones, Jr. and Z23-14 Order Page 1 wife, Pearl E. Jones, by deed recorded in Book 1144 at Page 0559 of the New Hanover County Registry. TRACT 2: BEGINNING at the southeast corner of a 1.5 acre tract of land owned by Chester W. Jones as described in Book 1144 ag Page 0850 of the New Hanover County Registry, said BEGINNING point being in the dividing line of Tracts 6 and 7 of the R.B. Freeman lands, and running thence from said BEGINNING point, south 83 degrees 24 minutes 15 seconds east 165.48 feet to a point; thence north 06 degrees 35 minutes 45 seconds east 457.68 feet to a point in the northern line of an access easement; thence with said access easement north 83 degrees 17 minutes 30 seconds west 204.10 feet to a point; thence south 40 degrees 30 minutes 30 seconds west 321.92 feet to a point in Ishmond Jones, Jr.'s northern line; thence south 83 degrees 47 minutes east 268.68 feet to a point; thence south 21 degrees 08 minutes 30 seconds west 200.Ofeet to a point of BEGINNING, containing 2.72 acres, more or less, and being all of Lot 7 as shown on a map of survey for Nathan Wade recorded in Book 1179 at Page 1768 %: of the New Hanover County Registry. TOGETHER WITH an access easement for ingress, egress and regress to the land described in Tract 2 above and being more particularly described as follows: BEING located in Federal Point Township, New Hanover County, North Carolina, and beginning at a point in the eastern right-of-way line of U.S. Highway 421, access road, said point being the northwestern corner of that 3 acre tract of real property conveyed to Ishmond Jones, Jr. and wife, Pearl E. Jones, by deed recorded in Book 1144 at Page 0559 of the New Hanover County Registry, and running thence from said BEGINNING point south 83 degrees 47 minutes east 408.48 feet to a point, running thence north 40 degrees 30 minutes 30 seconds east 321.92 feet to a point, running thence north 83 degrees 17 minutes 30 seconds west 38.53 feet to a point, running thence south 40 degrees 30 minutes 30 seconds west 284.26 feet to a point, running thence north 83 degrees 17 minutes 30 seconds west 374.46 feet to a point in the eastern right-of-way line or U.S. Highway 421, access road, running thence south 21 degrees 8 minutes 30 seconds west 41.36 feet to the point of BEGINNING, and being the same easement as was conveyed to Ishmond Jones, Jr. and wife, Pearl E. Jones by Deed of Easement recorded in Book 1169 at Page 1021 of the New Hanover County Registry. Ishmond Jones Property Tract No. 3 BEGINNING at an iron pipe in the eastern right-of-way line of the U.S. Highway 421, Access Road, said iron pipe being located south 84 degrees 05 minutes 00 seconds East 31.09 feet from a point in the centerline of said Access Road, said point in the centerline of said Access Road being located 891.9 feet as measured southwardly along the centerline of said Access Road from its intersection with the centerline of Seabreeze Road (S.R. 1531), running thence from said beginning point with the eastern right-of-way line of said Access Road north 21 degrees 08 minutes 30 seconds east 100.00 feet to a point; running thence, south 83 degrees Z23-14 Order Page 2 47 minutes 00 seconds east 677.16 feet to a point; running thence, south 21 degrees 08 minutes 30 seconds west 100.00 feet to a point in the northern line of Tract No. 7 of the R.B. Freeman Homestead Tract; running thence, with said northern line north 83 degrees 24 minutes 15 seconds west 301.47 feet to an old iron pipe in said line; thence continuing with said line north 84 degrees 05 minutes 00 seconds west 375.70 feet to the point of BEGINNING. Containing 1.5 acres more or less and being a portion of Tract No. 6 of the R.B. Freeman Homestead Tract and those lands conveyed to Chester Jones as recorded in Deed Book 1144 at Page 850 as recorded in the New Hanover County Registry. 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 7.37 acres of land from the R-15, Residential District, to the (CZD) R-5, Conditional Residential Moderate -High Density District is: Consistent_ with the purposes and intent of the Comprehensive Plan because the proposed density and housing type is within the recommendations of the Community Mixed Use place type. And reasonable and in the public interest because the project provides housing diversity at an appropriate density to act as a transition between the highway and residential development to the east and the proposed additional conditions reduce some impacts on environmental features. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 3.4.6 and 10.3.3 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 as agreed to by the applicant attached as Exhibit A: 1. The project as shown on the submitted site plan shall be developed with water and sewer connections to a private wastewater system. Private wells and septic systems are not allowed for residential development as contemplated on the site plan. 2. As identified on the site plan, certain existing trees onsite will not be removed. Z23-14 Order Page 3 3. The zoning approval and development contemplated therein shall not impact the current and future lot owners of the following parcels, R08518-001-014-004, R08518-001-015-000, and R08518-001-015-002, right to use the access easement shown on the concept plan, nor shall the zoning approval and development contemplated therein create any additional financial burden on those lot owners to contribute to the cost of maintenance for the access road. 4. The northern terminus of the access easement shall be designated for public use to allow potential future connection to and through adjoining parcels to Seabreeze Road. 5. All stormwater management areas shown on the concept plan shall be required. Changes to the general shape of the basins as required by essential site improvements may be accepted administratively by Planning staff. Section 7. In accordance with Section 10.3.3.C.7 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, 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; all other state, federal and local rules; and any additional conditions hereinafter stated: 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 zoning ordinance. Adopted the 5th day of September, 2023. I Bill Rivenbark, Chair Attest: 4'A 0 !aAt rowell, Clerk to the Board Z23-14 Order Page 4 EXHIBIT A Agreement of Conditions of Approval for Conditional Zoning Map Amendment Case Number: Z23-14 Applicant: Wes Reynolds, SB Cottages Investment LLC Property Owner(s): SB Cottages Investment LLC Request by Wes Reynolds with SB Cottages Investment, LLC, applicant, to rezone Request: four parcels totaling approximately 7.37 acres of land located at 7641, 7645, and 7647 Carolina Beach Road from R-15, Residential to (CZD) R-5 Residential for a maximum of 46 attached single family dwelling units. I, Wesley R Reynolds , hereby acknowledge that I am the owner, or the applicant/agent of the owner, of all property included in the above referenced application and volunteer the following condition(s) of approval that were mutually agreed upon by the owner/applicant of the application and New Hanover County: Applicant/Owner Initials: Conditions) The project as shown on the submitted site plan shall be developed with water and sewer connections to a private wastewater system. Private wells and septic systems are not allowed for residential development as contemplated on the site plan. As identified on the site plan, certain existing trees onsite will not be removed. The zoning approval and development contemplated therein shall not impact the current and future lot owners of the following parcels, R08518-001-014- 004, R08518-001-015-000, and R08518-001-015-002, right to use the access easement shown on the concept plan, nor shall the zoning approval and development contemplated therein create any additional financial burden on those lot owners to contribute to the cost of maintenance for the access road. The northern terminus of the access easement shall be designated for public use to allow potential future connection to and through adjoining parcels to Seabreeze Road. All stormwater management areas shown on the concept plan shall be required. LChanges to the general shape of the basins as required by essential site improvements may be accepted administratively by Planning staff. I hereby acknowledge that the approval of the petition/application referenced above is not effective until New Hanover County Planning and Land Use Department has received written consent to any and all mutually agreed upon conditions of approval. Wesley R. Reynolds Applicant/Owner Name (Print) 040-- Applicant/ wner Signature 9/6/2023 Date 0 a CEffTIFICATE OF APPROVAL '777=--1fC DATE CMMIERSM ' 11r I+l x/ oe vas Gcros xic `/ rtsa�xlOil`` OMBd2.G3m / BB FG PreS]A-O01374 - lv'e3. r� 4_ _. i 16o�"" R N'•, Sitel ® Id. HINNANTCO11—AA'N o',CARQL1N-A.-Pr6A' PG1678Pvl�1e- �ru VZ. --1-1 ,�7� VICINITY M A P Wpm Aj= D-0 �' WADEIEON MOPMS I, 1'I-- i' � - }+ PA0019 BOIdlefDe / / � ^=ter 17/jjj oPun, A; le6? � }i I�_ 4O ! WEM .ARC 0.7 AC. 3 I l 36 + 32 WETLAND AREA 77v 0.50 AC. 3 1:i;. 4,f ■ 3 I' 13 aD.L .ie iN.= 2 0 Ij 4 1� a IO II ._ t3 14 17 EJ li Id t9 20 kl 22 'F'FCfiMAKt2 BUFFER NIF Pte-1 G2— nPu-1 PG 23It PROJECT NO.: PW-1659 DRAWING NO.: */iMASTER>PW-1659AWG/SOI.ES SKETCH.DWG W:\Master\PW-1659\DWG\Boles WES SKETCH 7.1223.dwg LA enlr LAND D vnm,e.rotaauw R B318dO�LD3Lro BIB e3P, PG eP \ r2r; LiL- N3- m:2i — EX. 20' BUFFER SETBACK WREEABREEZEWUNO SUBOVASION 'IIMtA?K Mir atasLN::u1cx; za.aa+..rc �3PEB�Bc:cP.: I w CHAAusw,R. -- I k oMt»sz iod3 oao "h GP/OL MARIE I �Q \ B30,G 331 qM STNCAAa Maus no 0szamlm�aro uih iLou Nn \&mom' oe ssva Gze3o TY—EE-.1. R afne"R'�y, G0611z,P�G 15z T PNPs6001. G 2723 IRte-n'b3� B I MB SO.G35r D85.R.. WSro $2 P DB W19.G861D S ' ----------1 — SSAL�TSPRAY LANE -- —� (45' PRIVATE R/W) :PA '.Il:lr I'I. 50 0 50 100 iiiiia GRAPHIC SCALE: 1" = 50' PROPOSED SITE DATA TRACTAREA ....................................... 1-11 AC PROPOSED ZONING ..................................... CZ-R-5 PIN ............... ROA515-001-014-003 / R08515-001-01/-ODI PIN ............... RD8515-D01-0t4-002 > RD85I5-001-014-ODD FRONT BLDG SETBACK .................................. 20 FT S1DE BLOB SETBACK ................................... 7 FT REAR BLOB SETBACK ................................... IS FT YAX AUIL0INB HEIGHT ................................. /0 FT CAVA LAND USE CLASSIFICATION ....................... VACANT PREDOMINANT SCS SOIL TYPE ................... Mw Be, LY. Le. Ne RIYER BASIN ................................. NNITE OAK RECEIVING STREAM .................................ION STflEAY CLASS ..................................... SA: HON DENSITY SHOYN................................ 6.24 UNITS>AC, EXISTING SITE DATA TRACT AREA ....................................... 7.31 AC EXISTINGTONING .................................... A-15 PIN ............... A08515-001-014-003 / A08515-001-Old-001 PIN ............... AD8515-001-Old-002 / R08515-001-011-000 FRONT BLDG SETBACK .................................. 25 FT SIDE ALOE SETBACK ................................... 10 FT REAR AL00 SEIBACK................................... 20 FT YAX AUILDINB HEIGHT -.. ....................... 40 Fi CAYA LAND USE CLASSIFICATION .............. ....... VACANT FREDOMINANT SCS SOIL TYPE .'.................. MN, 4 Lr, LP. N. AIYEA BASIN ................................. NHI IE OAK RECE IVINA STREAM.................................I CN STREAM CLASS ..................................... SA: HCN (.General Notes: 1. Property Address given to be: 7641, 7645 & 7647 Carolina Beads Road. 2. Property area is 7.37 Acres 3. Wetlands shown are determined to be isolated and unregulated. 4. Property does not He within a Flood Hazard Area, 5. Proposed use has estimated daily traffic as follows: 376 Daily trips, 18 in, 12 out Peak Hour PM trips. 6. Water and Sewer service will be provided by Aqua. 7. Power supply will be by Duke Progress. 8. Buffers shall comply with New Hanover County Unified Development Ordinance. PRELIMINARY LEGEND I IRON REBAR SET 0 Ex. IRON PIPE ■ CONTROL MONUMENT SET e CONTROL PK NAIL SET SEA BREEZE EDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA OWNER: McColl- Construction, LLC DESIGNED: JHF ADDRESS: Wee Reynolds Wellborn St.- Suite 103 DRANK: TILL PHONE: Raleigh, NC- 27615 PHONE: APPROVED: JHF S STROUD ENGINEERING, P.A. DATE: 271120 102-1 CINEMA DRIVE - 7 SCALE: 1" = 50, VALMNCTON, NtlNH CAROL,NA 29A03 (910) 815-arts (Sm) 9,5-OSAJ FA% SHEET 1 OF 1