HomeMy WebLinkAboutZ24-19 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: Z24-19
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) Conditional Commercial Services District and placing it in a new (CZD)
CS District said land being described legally as follows:
Beginning at a point in the southern boundary of Hermitage Road (S.R. 1333), a 60' public
right-of-way; said point being at the northwestern corner of a lot created by division on a
plat recorded among the land records of the New Hanover County Registry in Map Book
74, at Page 31; and running thence from the point of beginning with the Hermitage Road
right-of-way;
South 88106'34" East, 457.68 feet to a point; thence
South 00030'48" East, 471.35 feet to a point; thence
South 84013'05" West, 442.86 feet to a point; thence
North 02116'13" West, 531.47 feet to the point and place of beginning, containing
225,232 square feet, or 5.17 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of such conflict, is hereby repealed.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 5.17 acres of land from a (CZD) CS, Conditional
Commercial Services District to a new (CZD) CS District is:
Z24-19 Order Page 1
Consistent with the purposes and intent of the Comprehensive Plan because the
project allows the types of commercial uses encouraged in the Employment Center
place type. And reasonable and in the public interest because the rezoning allows
the relocation of an existing business that would support the area's transition into
a service node.
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. All uses in the CS district are permitted except for the following uses and use
categories listed in Table 4.2.1 Principal Use Table:
o Civic
o Educational Services
o Government Services
o Heath Care Services
o Food & Drink (including Bar / Nightclub)
o Convenience Store
o Food Market
o Grocery Store
o Pharmacy
o Bank and / or Financial Institution
o Carwash
o Commercial Recycling Facility, Large Collection, Small Collection,
Processing, and Processing and Collection
2. Outdoor storage, except for plants, for the Wholesale Nursery and any future
uses is restricted to the Rock & Mulch / Bulk Materials area as shown in the
southeastern corner of the concept plan.
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:
Z24-19 Order Page 2
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 71" day of October, 2024.
(a'a 0--,-Ll(
Bill Rivenbark, Chair
Attest:
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Kym rowell, Clerk to the Board
Z24-19 Order Page 3
EXHIBIT A
Agreement of Conditions of Approval for Conditional Zoning Map Amendment
Case Number:
Z24-19
Applicant:
Cindee Wolf with Design Solutions
Properly Owner(s):
Harry Wilson with H N Investments, LLC
Request by Cindee Wolf with Design Solutions, applicant, on behalf of Harry
Wilson with H N Investments, LLC to rezone approximately 5.17 acres located at
Request:
308 Hermitage Road from the (CZD) CS, Conditional Commercial Services District
to a new (CZD) CS District for the use of Wholesale Nursery and a limited list of
prohibited uses.
I, tom' ,N _, hereby acknowledge that I am the owner, or the applicant/agent of the owner,
oI pr pef a rty 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:
Initials:
Condition(s)
All uses in the CS district are permitted except for the following uses and use
categories listed in Table 4.2.1 Principal Use Table:
O Civic
o Educational Services
o Government Services
o Heath Care Services
o Food & Drink (including Bar / Nightclub)
o Convenience Store
o Food Market
o Grocery Store
o Pharmacy
o Bank and / or Financial Institution
* Carwash
c, Commercial Recycling Facility, Large Collection, Small Collection,
Processing, and Processing and Collection
Outdoor storage, except for plants, for the Wholesale Nursery and any future uses
is restricted to the Rock & Mulch / Bulk Materials area as shown in the southeastern
corner of the concept plan.
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 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 Commislioners.
F
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Applicant Owner Name (Print)
12
Date
Signature