Order - SignedAN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE OFFICIAL ZONING MAP
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 1, 1974 respectively and subsequently amended
CASE: Z24-01
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 District and (CZD) R-10, Residential District placing them
in a (CZD) R-5, Residential Moderate -High Density District said land being described legally as
follows:
Being known and designated as the Map of Legacy Landing recorded in Plat Book
74, Page 17, in the Office of the Register of Deeds of New Hanover County, North
Carolina, reference to which is hereby made for a more particular description.
And
Beginning at a point in the eastern boundary of Reminisce Road (SR 2754), a 50'
public right-of-way; said point being located southwardly 582.40 feet from its
intersection with the southern boundary of Rockhill Road (SR 1331), a 60' public
right-of-way; and running thence:
South 83012' 00"
East, 130.00 feet to a point; thence
North 06148' 00"
East, 177.60 feet to a point; thence
South 830 31' 59"
East, 115.74 feet to a point; thence
South 830 34' 20"
East, 266.02 feet to a point; thence
North 05137' 25"
East, 405.76 feet to a point in the southern boundary of Rockhill
Road; thence with that right of way,
South 830 34' 20"
East, 217.70 feet to a point; thence
South 050 37' 25"
West, 100.00 feet to a point; thence
South 840 22' 35"
East, 15.00 feet to a point; thence
South 050 37' 25"
West, 670.61 feet to a point; thence
North 86100' 45"
West, 622.74 feet to a point; thence
North 060 48' 00"
East, 163.61 feet to a point; thence
North 830 12' 00" West, 130.00 feet to a point in the eastern boundary of
Reminisce Road; thence with that right-of-way,
North 160 48' 00"
East, 50.00 feet to the point and place of beginning, containing
7.95 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of such conflict, is hereby repealed.
Z24-01 Order Page 1
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 7.65 acres of land from the R-20, Residential District
and (CZD) R-10, Conditional Residential District to the (CZD) R-10, Conditional Residential 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 General
Residential place type. And reasonable and in the public interest because the
project provides additional housing diversity in the area.
Section 6. The County Commissioners find that all of the specific requirements set forth in
Sections 3.2.9 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 permitted density range is 0 dwelling units per acre to a maximum of 3.1
dwelling units per acre. Planning staff is authorized to administratively approve
reductions in density within the permitted range.
2. The housing types in the development shall be limited to detached single-family
dwellings and dual unit attached dwellings as defined in Section 2.3 of the Unified
Development Ordinance.
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.
Z24-01 Order Page 2
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 18th day of March, 2024.
LISMR
'3j�ea ot
Bill Rivenbark, Chair
Attest:
t4" O'L"dj -
Kym owell, Clerk to the Board
Z24-01 Order Page 3
EXHIBIT A
Agreement of Conditions of Approval for Conditional Zoning Map Amendment
Case Numisen Z24-01
ApElitaeM: Cindee Wolf, Design Solutions
Properly Ownw(s): Cape Fear Habitat for Humanity, LaTeisha Darden, Erik Diaz, and Karl Reddidt
Request by Ondee Wolf with Design Sohrtians, applicant, an behalf of Habitat
for Humanity, LaTelsha Darden, Erik Diaz, and Karl Reddick, property owners, to
Request: rezone approximately 7.95 acres zoned (CZD) R-10, Residential and R-20,
Residential located at 1728 Rockhlll Road to (aD) R-10, Residential for a
maximum 24 dwelling units.
10, Lauren McKenzie , 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:
Condition(:)
1 The permitted density range is 0 dwelling units per acre to a maximum of 3.1
dwelling units per acre. Planning staff is authorized to administratively approve
j reductions in deruity within the permitted range.
The housing types In the development shall be limited to detached single-family
dwellings and dual unit attached dwellings as defined to Section 2.3 of the
Unified Development Ordinance.
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.
Lauren McKenzie
Applicant/Owner Name (Print)
Applicant/Owner 51' natur
312ol -z-�
Date