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Home My WebLink AboutZ24-06 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: Z24-06 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 RA, Rural Agricultural District and placing it in a (CZD) B-2, Regional Business District said land being described legally as follows: Beginning at a point in the northern boundary of Manassas Drive (NC SR 1581), a 100' public right-of-way; said point being at its intersection with the eastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way; said point also being at the southwestern corner of "Lot 2 — Battle Park / Section No. 1," a subdivision recorded among the Land Records of the New Hanover County registry in Map Book 7, at Page 77; and running thence from the point of beginning with the Carolina Beach Road right-of-way: North 05044'55" East, 57.11 feet to a point; thence North 05027'21" East, 43.00 feet to a point; thence North 05026'25" East, 100.14 feet to a point; thence leaving the right-of-way, South 81°25'22" East, 193.19 feet to a point; thence South 08033'53" West, 99.98 feet to a point; thence South 08035'00" West, 100.00 feet to a point in the northern boundary of Manassas Drive; thence with that right-of-way, North 81025'00" West, 182.56 feet to the point and place of beginning, containing 37,549 square feet, or 0.86 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 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. 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: Z24-06 Order Page 1 Consistent with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of the Urban Mixed Use place type. And reasonable and in the public interest because the project would act as an appropriate transition between the highway and existing residential development. 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. Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Any freestanding sign(s) on the site shall be monument -style with landscaping around the base of the sign. No pole signs shall be permitted. 3. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut-off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. 4. Permitted uses are limited to: • Medical and Dental Office and Clinic • Bank and / or Financial Institution • Business Service Center • Offices for Private Business and Professional Activities • Instructional Services and Studios • Personal Services (no tattoo parlors) 5. Significant trees identified on the concept plan shall be permanently retained. 6. A six -foot -tall solid wood privacy fence shall be installed along the northern and eastern sides of the project as depicted on the concept plan. Z24-06 Order Page 2 7. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road for public bicycle and pedestrian use. 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 22"d day of July, 2024. 4 Bill Rivenbark, Chair Attest: 11" - owo�� — Kym rowell, Clerk to the Board Z24-06 Order Page 3 EXHIBIT A Agreement of Conditions of Approval for Conditional Zoning Map Amendment Case Number: Applicant: Property Owner(s): Request: Z24-06 — Manassas Cindee Wolf, Design Solutions LaLuLi Investments LLC Request by Cindee Wolf with Design Solutions, applicant, on behalf of LaLuLi Investments, LLC, property owner, to rezone approximately 0.86 acres zoned R- 15, Residential located at 501 and 505 Manassas Drive to (CZD) 0&1, Office and Institutional for one commercial structure totaling 8,000 square feet for the use of Medical and Dental Office and Clinic and other limited uses. I, Nathan Graves , 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: Arpplieswi/Owner Initials: Condition(s) Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. Any freestanding sign(s) on the site shall be monument -style with landscaping around the base of the sign. No pole signs shall be permitted. Exterior lighting including. luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut- off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. Permitted uses are limited to: • Medical and Dental Office and Clinic • Bank and / or Financial Institution • Business Service Center • Offices for Private Business and Professional Activities • Instructional Services and Studios • Personal Services (no tattoo parlors) Significant trees identified on the concept plan shall be permanently retained. A six -foot -tall solid wood privacy fence shall be installed along the northern and eastern sides of the project as depicted on the concept plan. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road for public bicycle and pedestrian use. 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. ",-I �11 Nathan Graves Plili-GIR/Owner Name (Print) 7-23-2024 Date