HomeMy WebLinkAbout722-05 OrderAN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING TH E OFFICIAL ZONING MAP
OF NEW H ANOVER COUNTY, NORTH CAROLINA
ADOPTE D Oct ober 15, 1969 respe ctive ly and subseque ntly am e nded
CASE: Z22-05
THE BOARD OF COMM ISSIONERS OF NEW HANOVERCOUNTYDOTH ORDAIN :
Section 1. The New Hanover County Zoning Map is hereby amended by removing the hereinafter
described tract from a R-20, Residential 20 District, and placing it in a Conditional R-7, Residential
District, said land consisting of approximately 7.32 acres and being described lega ll y as follows :
Beginning at a point in the southwestern boundary of Edgewater Club Road, a 60' public
right-of-way; said point being located North 19°36'25" West, 383.08 feet from its
intersection with the northern boundary of the southern loop of Waterstone Drive, a 50'
public right-of-way; and running thence:
South 70'23'35" West, 205 .00 feetto a point; thence
South 19°36'25" East, 318.55 feet to a point; thence
South 46°33'07" West, 318.89 feet to a point; thence
South 67'30'18" West, 265.07 feet to a point; thence
North 67'59'35" West, 269 .41 feet to a point; thence
North 07°06'24" West, 251.49 feet to a point; thence
North62'37'21" East, 713.25 feet to a point; thence
North 70'23'35" East , 202.10 feet to a point in the Edgewater Club Road right-of-way;
thence with that right-of-way, South 19°36'25 " East, 60 .00 feet to the point and p lace of
beginning, containing 7.32 acres, more or less .
The described boundary is shown on a plat recorded among t he land records of the New Hanover
County Registry, in Map Book 69, at Page 95.
Section 2. The County Clerk is hereby authorized and di rected under the supervision of the County
Commis sioners 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 o r any part of any ordinance in conf lict with this ordinance, to the extent
of such conflict, is hereby repealed .
Section 4. Thi s ordinance is adopted in the intere st 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 Commiss ioners find, in accordance with the provisio ns of NCGS 160D that
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the zoning map amendment of approximately 7.32 acres of land from a R-20, Residential 20
Di strict, and placing it in a Conditional R-7, Residential District, is:
Consistent with the purposes and intent of the Comprehensive Plan it will allow for the
types of residential uses encouraged in the General Residential place type . The County
Commissioners also find approval of the rezoning request is reasonable and in the public
interest because the proposed district will provide a transition between low density
residential uses to the east and west and current lower intensity development that may
transition in the future to the north.
Section 6. The County Commissioners find that all of the specific requirements set forth in
Sections 3.3. 7, and 10.3.4 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 Planned
Development Zoning District BEG RANTED subject to the following conditions:
Conditions:
1. The project will be age-restricted based on state and federal Fair Housing
requirements for projects for individuals aged 55 and above .
2. An additional sidewalk will be provided between the project and Porter's
Neck Elementary School.
3. The storm water management system will be designed for a 100-year storm
event.
Section 7. In accordance with Section 10.3.3.C. 7.c of the ordinance , revocation of the Conditional
Zoning Dis trict 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 .
Adopted the 2nd day of May, 2022 .
Atte st:
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