HomeMy WebLinkAboutOrder - ApprovedAN 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: Z23-12
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 tracts from an 1-1, Light Industrial and R-15, Residential Districts and placing them in a
(CZD) RMF-L, Residential Multi -Family Low Density District said land being described legally as
follows:
R01100-008-011-002 {DB 6225 PG 1482
A certain tract or parcel of land lying and being in Cape Fear Township, New
Hanover County, North Carolina, and being part of that land as deeded to Martin
Marietta Corporation in Deed Book 821 at Page 327 of the New Hanover County,
N.C. Registry, and being bounded on the North by S.R. 1002, (Holly Shelter Road),
on the East by S.R. 1318, (Blue Clay Road), on the south by Mary Netreba lands,
and on the West by the United States of America Tract; and being more
particularly described as follows: BEGINNING on an iron, said iron being located
on the southern right of way of aforesaid S.R. 1002, said iron also being the
northern sight radius point at the intersection of S.R. 1002 and S.R. 1318; proceed
from said beginning point with the southern right of way of S.R. 1002 South 82
degrees 27 minutes 06 seconds West 80.38 feet a concrete right of way
monument, thence with said right of way South 85 degrees 09 minutes 11
seconds West 1538.63 feet to an iron on said right of way; thence South 44
degrees 54 minutes20 seconds East 948.76 feet with the eastern line of United
States of America Tract to a concrete monument, thence with the northern line
of the Mary Netreba lands North 84 degrees 555 minutes 37 seconds East
1078.54 feet to an iron on the western right of way of S.R. 1318; thence with said
right of way North 04 degrees 42 minutes 45 seconds West 656.10 feet to an iron,
being the southern sight radius point at the intersection of S.R. 1002 and S.R.
1318, thence North 50 degrees 43 minutes 08 seconds West with said right of
way 99.96 feet to the point of Beginning, and containing 22.98 acres according to
a survey by Stroud Land Surveying Co. on May 23,1986. All bearings are magnetic.
(See Deed Book 1284 at Page 1533, New Hanover County Registry.)
R01100-008-010-000 [DB 6225 PG 14
BEGINNING at an iron pipe in the northwestern line of Blue Clay Road (S.R. No
1318, 60 foot right-of-way), the northeastern corner of the 6 acre tract conveyed
to Styers Greene and wife by Deed recorded in Book 997 at Page 912 of the New
Hanover County Registry, said pipe being South 30 degrees 58 minutes 30
seconds West along said line of said road 52.10 feet from an iron pipe at the
southwestern end of a curve in said road that is South 28 degrees 15 minutes
Z23-01 Order Page 1
West 198.64 feet from an iron pipe in said line of said road that is North 79
degrees 24 minutes West 60.75 feet from a concrete monument where the
southeastern line of said road is intersected by the center line of Berwick Drive
(S.R. No. 2074); running thence from said Beginning point South 88 degrees 35
minutes 30 seconds West along the northern line of said Greene tract 1584.35
feet to an old iron pipe, the northwestern corner of said Greene tract in the
western line of the tract conveyed to Victor Charles Netreba by Deed recorded in
Book 874 at Page 623 of said Registry; thence North 6 degrees 05 minutes West
along said western line 183.60 feet to an old iron rod, the southern -most corner
of the 13.35 acre tract conveyed to the Federal Aviation Administration by said
Netreba; thence northeastwardly and northwardly along the easterly boundary
of said 13.35 acre tract that has a radius of 1101.00 feet to an old iron rod in
northern line of said Netreba tract that is located as follows from the preceding
point: North 52 degrees 29 minutes East 123.24 feet to an old iron rod, North 44
degrees 10 minutes East 199.94 feet to an old iron rod, thence North 33 degrees
45 minutes East 199.95 feet to an old iron rod, thence North 7 degrees 58 minutes
West 200.05 feet to an old iron rod and North 18 degrees 23 minutes 30 seconds
West 200.00 feet to an old iron rod in the northern line of said Netreba tract, the
north eastern corner of said 13.35 acre tract; thence North 81 degrees 55 minutes
East along said northern line 127.82 feet to an old concrete monument, the
southwestern corner of a tract now or formerly owned by Martin Marietta
Corporation; thence North 81 degrees 54 minutes East along the norther line of
said Netreba tract 1079.15 feet to an old iron pipe in the western line of Blue Clay
Road; thence South 7 degrees 47 minutes East along said line of said road 1255.63
feet to an iron pipe at the northern end of a curve; thence southwardly along said
line of said road as it curves to the west to an iron pipe that is South 0 degrees 38
minutes West 108.49 feet from the preceding point; thence southwardly along
said line of said road as it curves to the West to an iron pipe that is South 18
degrees 01 minute West 97.05 feet from the preceding point; thence southwardly
along said line of said road as it curves to the West to an iron pipe at the
southwestern end of said curve that is South 28 degrees 15 minutes West 198.64
feet from the preceding point; thence South 30 degrees 58 minutes 30 seconds
West along the northwestern line of said road 52.10 feet to the point of
beginning; the same containing 49.24 acres, more or less, and being a portion of
the tract conveyed to Victor Charles Netreba by Deed recorded in Book 874 at
Page 623 of the New Hanover County Registry.
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
Z23-01 Order Page 2
adoption.
Section 5. The County Commissioners find, in accordance with the provisions of NCGS 160D that
the zoning map amendment of approximately 72.39 acres of land from 1-1, Light Industrial and R-
15, Residential District, to (CZD) RMF-L, Conditional Residential Multi -Family Low Density District
is:
Consistent with the purposes and intent of the Comprehensive Plan because the
project provides for the density and range of housing options recommended in the
General Residential place type. The project could also serve as a transition
between adjacent industrial zoning and adjacent low -density, single-family
residential uses. Reasonable and in the public interest because the proposal could
accommodate residential uses that could support the nearby Employment Center
and Commerce Zone place types.
Section 6. The County Commissioners find that all of 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:
1. The applicant provide bicycle and pedestrian connectivity between the
multi -family phase development and the single-family phased development.
2. No structure on the parcel shall exceed 45' in height and a maximum of 3
stories.
3. A declaration statement shall be recorded in the property's chain of title, at
the New Hanover County Registry, stating the property is in proximity to
existing and future commercial and industrial activities that may result in
noise, vibration, and heavy vehicle traffic on area roadways, which activities
may occur any time during the day or night. Such declaration shall also be
provided with all future leases.
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:
Z23-01 Order Page 3
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 7th day of August, 2023.
Bill Rivenbark, Chair
Attest:
4 �� - 0, !`P—&
y- rowell, Clerk to the Board
Z23-01 Order Page 4