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Home My WebLink AboutZ24-05 Order - SignedAN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1,1985 respectively and subsequently amended CASE: Z24-05 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 northwestern boundary of Castle Hayne Road (U.S. Hwy,117), a variable -width public right-of-way; said point being at its intersection with the southern boundary of Sondey Road (S.R.1334), a 50' public right-of-way; and running thence with the Castle Hayne Road right-of-way, South 36038'25" West, 244.57 feet to a point; thence North 66024'25" West, 158.9- feet to a point; thence North 28027'35" East, 226.93 feet to a point in the southern boundary of Sondey Road; Thence with that right-of-way, South 69158'25" East, 195.25 feet to the point and place of beginning, containing 40,844 square feet, or 0.94 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 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed.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: Z24-05 Order Page 1 Consistent with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. And reasonable and in the public interest because the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. 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: Animal Grooming Services, Contractor Office (with no outdoor storage), Offices for Private Business & Professional Activities, Instructional Services & Studios, Personal Services, General Retail Sales, Minor Vehicle Service Station, and Warehousing. 2. The attached shed that encroaches into the rear setback is to be removed, bringing Dad's Tire Store into compliance with required setbacks. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the register of Deeds guaranteeing access and maintenance for the existing septic system and any future improvements. Environmental Health approval of the septic system and well shall be required prior to issuance of construction permits for the flex commercial space. 4. 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. 5. The two Significant trees identified on the concept plan shall be permanently retained on site. 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. Z24-05 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 22"d day of July, 2024. Bill Rivenbark, Chair Attest: K�M 0,"U� KyrLkrowell, Clerk to the Board Z24-05 Order Page 3 EXHIBIT A Agreement of Conditions of Approval for Conditional Zoning Mop Amendment Case Number: Conirnf:rrial Applicant. Cindee Wolf, fDesigr. Soljllon' ' ['Property Owneus,- r pGui X-,3Pc:n--:e "•'FLU1fiw5 �_ -- Ec:tic,t st by Ci ;de \-Volf with Devgli 501ution., c.ppl;cc3nt, on bchc.'t of F'cul cr,s. Qeonni- Al,cac'ow,,, piciperty owT1vTI,, tG rezone UP,-li C.'Xi'^late ly O.PG acres zu'leci Request; RA, Ru'cl Ag ic:ltJra• I*r_Pfc!,J Ct 4737 Ct1;Ilc- Hcyre Posit! it) (C:ZD; b-2, Rv� iicnncl !. fell. *,uP •:t C:l structure:; waling 8,700 rxj.icre fell fC,i the ux of C.�Pnercl Pe%;il for c tire store; one other I;m;te-rl uses. 1 Ui_szn'ir_ F,1=3rc: L, , t.r reay acts ,, �;e-mac a 'fiat 7 am the cw'ner, or t;,r! cppi cani;-'orgcmit of Ibe OF CMpr•opc:-t•, 'nc iu:se-d in tnc cibcsvt- referericCC f:p-,Akatio , anid vo inteer the io:lowing con,:iI ri-Ij5) of crpornvr.l flint we'i mUts,ull+ U3reed upnr by the owner jc:,iplicart of t?1r t:;.%f%licctior ens: New licnodcr t`3)clnty: u f Owner R Conditi*n(s) ' lnitials: — - W The props,-.ec: rezoning': principal use:► -all bu limited to; Anirnc:l C. roarninc Sc.rvir_es, Contraclor Office 1,with no 4dicics:ir storage;, Offire• for Vri'valt• Business E Professions3' Aolvities, imIruclionc.-I Services R Slnrlics, Per.oicl SFrvice,, Gras•-:=' »?etciil Soler, t jn. or Velkle Service Stchon, and VVarchvuarr.ra. - The attceh£cI .i•rc' i'ic:t encrcache; iren the rear sctba:i,: 'ss to be rcmcw:cl, bringing 1 y y srr. into cfm iir nr.e_ with required •;ciifinck.s. Dad's !rC ,ctc P, sc-ptic cnd well r+r3.e•ment approved by New Hionover County F.vircmmento' health tizol, he recorded wit„ t 4e register cif Deeds gvcrc-nive-3ng ciccc:s vrut % i vemen`�. ` molnten �r,t• fea tt+e cxtst;rl�a teptk system c_ti c ny fvl-.jrc: i7npr0 ErivIranmen%il t-eolth approval of IN- �-fglli.:yste-rt On wr'i shall be rCC141rt-ei prior i to issucimLu of constructor- jw-rnit; for the flex crsnlmerric`, spccv. Exlc:r•ior li;,htinp incl;ac:inn Iaminaric!',e. fully cutoff fixture. ?, that cre e.ircctt:cl do'v nwcrc in tottipliance with Figures al t e JUG, in tic, tcsr :hall lighti-ic bv c iri-Geed at or vbrivv u horizortcl plonr thrfluah the lict:iinr fixture. two Signi`iccirit trr-e' ideTj1rfrC.I tin t11P concept ilt37i <_1-icll be PCrr'1U•iG0t V i r4lc:inte-d 0-1 site. i 1 hvreby 0.66cnow•ledc,r: blot the apprc:'vc:l 0 the pcYsr ori•opplirction referents--d o-nove is not cHudive- uritil New FcneveT C04,.nty Nanning t:r,c• ?gnu Use Depcirtnlerl-t has recci-eed written corscr1 !c: any cnd a'l rnutucil'y_Urtre?P_•d upon LPrrGof ccprovcll. r 'L ppp1i6giF,;,•`'Owner tittrnc' (Pri-n) App! ......1UH'rre.i S gncts�rc: ale O