HomeMy WebLinkAboutZ23-23 Signed OrderAN 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: Z23-23
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, Conditional
Community Business District, said land being described legally as follows:
Legal Description for Parcels R08514-003-004-000, R08514-003-005-000, R08514-003-005-001,
R08514-003-006-000, R08514-003-006-001, R08514-003-007-000, R08514-003-007-001,
R08514-003-016-000, R08514-003-017-000:
Beginning at a point in the eastern boundary of Carolina Beach Road (U.S. Hwy, 421), a
160' public right-of-way; said point being at its intersection with the northern boundary
of Seabreeze Road South (S.R. 1530), a 60' public right-of-way; and running thence along
the Carolina Beach right-of-way:
North 14`06'36"
East, 141.95 feet to a point; thence
North 13°40'58"
East, 112.04 feet to a point; thence
North 13°41'18" East, 235.19 feet to a point at the intersection with the southern
boundary of Seabreeze Road North (S.R.1528), a 60' public right-of-way; thence with that
right-of-way,
South 69°01'09"
East, 425.51 feet to a point; thence
South 68°28'37"
East, 61.78 feet to a point; thence leaving the roadway,
South 00°35'26"
East, 137.50 feet to a point; thence
South 00°44'05"
East, 137.54 feet to a point, thence
North 89°07'05"
East, 92.32 feet to a point; thence
South 20°03'11"
West, 241.48 feet to a point in the northern boundary of Seabreeze Road
South; thence with that right-of-way,
North 73°29'09"
West, 260.98 feet to a point; thence
North 73°17'34"
West, 50.90 feet to a point; thence
North 73°01'39"
West, 378.44 feet to the point and place of beginning, containing 7.28
acres, more or less.
Z23-23 Order Page 1
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of such conflict, is hereby repealed.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 7.28 acres of land from R-15, Residential District,
to (CZD) CB, Conditional 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. 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.
Section 6. The County Commissioners find that all the specific requirements set forth in Sections
3.4.6 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. Specified excluded uses will include electronic gaming, outdoor recreation,
commercial parking lot, car wash, vehicle rentals, minor vehicle service station,
artisan manufacturing, commercial recycling facility, animal shelter, kennel, hotel /
motel, event center, indoor recreation, funeral services, micro -brewery, and micro -
distillery.
2. Exterior lighting, including luminaries, including security lighting, for nonresidential,
multi -family, and mixed -use developments adjacent to single family residential
subdivisions shall be full cut-off fixtures that are directed downward in compliance
with Figure 5.5.4.0 Full Cut-off Fixtures of the Unified Development Ordinance. In no
case shall lighting be directed at or above a horizontal plane through the lighting
fixture.
3. A connection to a public or private water sewer utility provided is required. Private
wells and septic systems are not permitted.
4. If a convenience store with fuel stations is developed on this site, it must be
developed adjacent to Carolina Beach Road. Other uses in the Conditional District not
specifically excluded in Condition #1 may be permitted adjacent to Carolina Beach
Road or to the rear of the project.
Z23-23 Order Page 2
5. Buildings on the east side of the internal drive shown on the concept plan shall be
limited to 2 stories or 35 feet.
6. Sidewalks will be extended along the entire frontage of North and South Seabreeze
Road.
7. An additional 5 feet of vegetative buffer width will be added to the applicant selected
Type A opaque buffer option along the southeastern property line.
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 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 51h day of February, 2024.
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- -
Bill Riven ark, Chair
Attest:
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Ky rowell, Clerk to the Board
Z23-23 Order Page 3
EXHIBIT A
Agreement of Conditions of Approval for Conditional Zoning Map Amendment
Case Number: Z23-23
Ag plicant: :. Cindee Wolf, Desi n Solutions
Pr opertyliowner(s): R&S Forest, LLC; SOCOL, LLC; Richard and Susan Yang
Request by Cindee Wolf with Design Solutions, applicant, to rezone 9 parcels
totaling approximately 7.28 acres of land located at the 7600 block of Carolina
Request: Beach Road between North and South Seabreeze Roads from R-15, Residential,
to (CZD) CB, Community Business for a commercial business park consisting of
28,300 maximum square feet of general retail, restaurant, convenience store with
fuel pumps, and other limited uses.
I, 9IL.aakp Y N� 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:
W
Condition($)
Specified excluded uses will include electronic gaming, outdoor recreation,
commercial parking lot, car wash, vehicle rentals, minor vehicle service station,
artisan manufacturing, commercial recycling facility, animal shelter, kennel, hotel /
motel, event center, indoor recreation, funeral services, micro -brewery, and micro -
distillery.
Exterior lighting, including luminaries, including security lighting, for nonresidential,
multi -family, and mixed use developments adjacent to single family residential
subdivisions shall be full cut-off fixtures that are directed downward in compliance
with Figure 5.5AC Full Cut-off Fixtures of the Unified Development Ordinance. In
no case shall lighting be directed at or above a horizontal plane through the lighting
�( fixture.
` 9 A connection to a public or private water sewer utility provided is required. Private
wells and septic systems are not permitted.
If a convenience store with fuel stations is developed on this site, it must be
developed adjacent to Carolina Beach Road. Other uses in the Conditional District
not specifically excluded in Condition #1 may be permitted adjacent to Carolina
Beach Road or to the rear of the project.
Buildings on the east side of the internal drive shown on the concept plan shall be
Oillimited to 2 stories or 35 feet.
Sidewalks will be extended along the entire frontage of North and South Seabreeze
41/ Road.
An additional 5 feet of vegetative buffer width will be added to the applicant
n �/ selected Type A opaque buffer option along the southeastern property line. ` —
I hereby adcnowledge 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 within seven (7) days from the date of approval by the Board
of Commissioners. If this agreement is not signed, dated, and returned to the New Hanover County
Planning Department within seven (7) days of approval the rezoning application approval is null and
void.
Applicant/Owner Name (Print)
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RhjJA6((Oct RERISF-R,
Applicant/Owne/Sig'natureT
2-5-7-4
Date