HomeMy WebLinkAboutOrder - SignedAN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE OFFICIAL ZONING MAP
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7, 1972 respectively and subsequently amended
CASE: Z24-16
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 a (CZD) CB, Community Business District and placing it in a (CZD) CB,
Community Business District said land being described legally as follows:
Beginning at a point in the northeastern boundary of North College Road (N.C.
Hwy. 132), a 200' public right-of-way; said point being located approximately 233
feet southeastwardly along the right-of-way from its intersection with the eastern
boundary of the Wilmington — Weldon Railroad, a 130' right-of-way; and running
thence from the point of beginning:
South 75038'05" East, 133.81 feet to a point; thence
South 05°38'51" West, 300.39 feet to a point; thence
North 75048'29" West, 969.47 feet to a point in the north eastern boundary of N.
College Road; thence with that right-of-way,
North 37020'58" West, 483.95 feet to the point and place of beginning, containing
7.79 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of such conflict, is hereby repealed.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 7.79 acres of land from the (CZD) CB, Conditional
Community Business District to the (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 place type recommendations and reasonable and
in the public interest because the proposed district would provide a number of
commercial services for nearby residents, includes relatively low traffic generators,
and is located on an arterial road.
Z24-16 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. Within the 3,600 SF building at the front of the property closest to N College
Road, uses are limited to the following: business service center, contractor
office, offices for private business and professional activities, personal services,
general, instructional services & studios, and retail sales, general.
2. Within the remaining 4 buildings totaling 33,300 SF uses will be limited to offices
for private business and professional activities and for contractor offices.
3. Building height will be limited to 1-story and a maximum of 30'.
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 3d day of September 2024
i;4p
Bill Rivenbark, Chair
Attest:
eqVVV O'c'm-relk — __
Ky rowell, Clerk to the Board
Z24-16 Order Page 2
EXHIBIT A
Agreement of Conditions of Approval for Conditional Zoning Map Amendment
Case Number: Z24-16
Applicant: Cindee Wolf, Design Solutions
Property Owner(s): Tidewater Investment Co., Inc.
Request by Cindee Wolf with Design Solutions, applicant, on behalf of Tidewater i
Investment Company, INC, property owners, to rezone approximately 7.79 acres
Request: located at 5000 N. College Road from the (CZD) CB, Conditional Community
Business District to (CZD) B-2, Regional Business for General Retail Sales, Business
Service Center, and other limited uses.
I,C�rs �r tOerG , 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
Condition(s)
Initials:
Within the 3,600 square foot building at the front of the property closest to N.
W College Road, uses are limited to the following: business service center, contractor
office, offices for private business and professional activities, personal services,
general, instructional services & studios, and retail sales, general.
Aq.^� Within the remaining four (4) buildings totaling 33,300 square feet uses will be
✓V ` Yv j limited to offices for private business and professional activities and for
contractor offices.
A] +11A LM Building height will be limited to one (1) story and a maximum of 30-feet.
1 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 within seven business (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 business (7) days of approval the rezoning application
approval is rescinded, and the application is considered denied under Section 10.3.3.d of the Unified
Development Ordinance. No additional decision or action is required by the Board of Commissioners.
7� AIAC'-(��a v r Ql 4 f-c
Applicant/Owner Name (Print) NApplicant/Owner Signature
Date