Z23-14 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
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a
CEffTIFICATE OF APPROVAL
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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%
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