HomeMy WebLinkAboutZ24-09 Order - 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: Z24-09
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 an R-15, Residential District and placing it in a (CZD) CB, Community Business
District said land being described legally as follows:
Beginning at a point in the southern boundary of S. Seabreeze Road (S.R. 1530),
a 60' public right-of-way; said point being at its intersection with the eastern
boundary of Carolina Beach Road (U.S. Hwy. 421), a 270' public right-of-way; and
running thence form the point of beginning with the S. Seabreeze Road right-of-
way,
South 73025'24" East, 105.00 feet to a point; thence
South 13044'15" West, 105.00 feet to a point; thence
North 73025'24" West, 105.00 feet to a point in the eastern boundary of Carolina
Beach Road;
Thence with that right-of-way,
North 13044'15" East, 105.00 feet to the point and place of beginning, containing
11,025 square -feet, or 0.25 acres, more or less.
Section 2. The County Clerk is hereby authorized and directed underthe 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of such conflict, is hereby repealed.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 0.25 acres of land from the R-15, Residential District
to the (CZD) CB, Community Business District is:
Consistent with the purposes and intent of the Comprehensive Plan because the
proposed uses are in line with the recommendations of the Community Mixed Use
place type. And reasonable and in the public interest because the development
would act as a community service business node to serve both the Seabreeze
Community and the surrounding area.
Z24-09 Order Page 1
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 proposed rezoning's principal use shall be limited to: General Retail Sales,
Animal Grooming Service, General Personal Services, Instructional Services &
Studios, and Offices for Private Business & Professional Activities.
2. Transitional buffers meeting the requirements of a Type A: Opaque Buffer are
required along all property lines adjacent to residentially zoned parcels.
3. Exterior lighting including luminaries and security lighting shall be fully cutoff
fixtures that are directed downward in compliance with Figures of the UDO. In
no case shall lighting be directed at or above a horizontal plane through the
lighting fixture.
4. The proposed development will have an architectural design requiring the
structure to be double -fronted. While the wall facing the parking lot will be the
front of the structure, the wall facing S. Seabreeze Road will be designed to have
an appearance similar to that of the storefront.
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 S. 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.
Z24-09 Order Page 2
Adopted the 22"d day of July, 2024.
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Bill Rivenbark, Chair
Attest:
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Kym Mwell, Clerk to the Board
Z24-09 Order Page 3
Exhibit A
Agreement of Conditions of Approval for Conditional Zoning Map Amendment
Case Number:
Z24-09 — Hooks & Arrow Retail
Applicant:
Cindee Wolf, Design Solutions
Walter Winner II
Request by Cindee Wolf with Design Solutions, applicant, on behalf of Walter
Property Owner(s):
Request:
Winner II, property owner, to rezone approximately 0.25 acres zoned R-15,
Residential located at 802 S Seabreeze Road to (CZD) CB, Community Business
for 1,800 square feet of General Retail Sales and other limited uses.
1, Walter Winner, II 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:
46ppiOwner
Initials:
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Condition(s)
The proposed rezoning's principal use shall be limited to: General Retail Sales,
Animal Grooming Service, General Personal Services, Instructional Services &
Studios, and Offices for Private Business & Professional Activities.
Transitional buffers meeting the requirements of a Type A: Opaque Buffer are
required along all property lines adjacent to residentially zoned parcels.
Exterior lighting, including luminaries and security lights, shall be fully cutoff
fixtures that are directed downward in compliance with Figures of the UDO. In
no case shall lighting be directed at or above a horizontal plane through the
lighting fixture.
1WThe proposed development will have an architectural design requiring the
structure to be double -fronted. While the wall facing the parking lot will be the
front of the structure, the wall facing S. Seabreeze Road will be designed to
have an appearance similar to that of the storefront.
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.
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A Rial+ccuit/Owner Name (Print)
/Owner Signature
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