HomeMy WebLinkAboutZ24-17 Order and Terms and Conditions - SignedAN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE OFFICIAL ZONING MAP
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 1, 1974 respectively and subsequently amended
CASE: Z24-17
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 R-20, Residential District and placing it in a PD, Planned Development District said land being
described legally as follows:
Beginning at an existiirig NCDOT right of way disc in the Westem right of way of N.C.
Highway 133 (Castle Hayne Road) at the intersection of the Northern right of way of
S.R. 1332 (Chair Road) at the Southeast comer of the property owned by BDLCT, LLC
as recorded in Deed Book 6634 Page 344 in the New Hanover County Register of
Deeds and with NC Grid Coordinates (NAD 83 2011 datum) of North 206,840.096 and
East 2.325.399.204 (CF=1.00000964). Said point being the place and Point of
Beginning.
1) Thence from the Point of Beginning and leaving said right of way of U.S. Highway
133 (Castle Hayne Road) and with the Northem right of way of S.R. 1332 (Chair
Road) and running S 63' 19' 38" W 51.44' to an existing NCDOT right of way disc.
2) Thence continuing with said Northern right of way of S.R. 1332 and running N 66'
27' 3(' W 162.62' to an existing NCDOT right of way disc.
3) Thence continuing and running S 31.20' 22" W 17.65'to a point.
4) Thence continuing and running N 58' 39' 40" W 687.87" to a point.
5) Thence continuing around a curve to the left with a radius of 1130.00' and a chord of
N 67.17' 1 VW 338.94' to a point.
6) Thence continuing and running N 75.54' 42' W 123.18' to a point at the
Southeastern comer of the property owned by Rods HUI Community Development
Organization as recorded in Deed Book 1607 Page 715.
7) Thence leaving said Northern right of way of S.R. 1332 and with the Eastern
property line of said Rods HUI Community Development Organization as referenced
above and running N 21.26' 43' E 112.47' to an existing iron pipe.
8) Thence with the Northern property line of said Rods HIH Community Development
Organization and running N 69' 1 V 13' W 149.76' to an. existing Iron pipe in the
Western property line Lot 2 of the Division of Josh Moore Estate as recorded in Map
Book 3 Page 3.
9) Thence with the Western property line of Lots 2 through Lot 6 of the Division of Josh
Moore Estates as referenced above and running N 21' 34' 11" E 650.20' to an
existing iron pipe at the Southwestern comer of the Josh Moore Family Cemetery as
referenced in Map Book 3 Page 3.
Z24-17 Page 11
10) Thence with the Southern property line of said Josh Moore Cemetery and running S
75' 46' 49' E 150.00' to a point.
11) Thence with the Eastern property line of said Josh Moore Cemetery and running N
21' 34' 1 V E 115.64' to an existing iron pipe in the Northern property line of Lot 6 of
the Josh Moore Estate as referenced above.
12) Thence with the Northern property line of said Lot 6 and running S 754 46' 49` E
854.78' to a point In the Western right of way of N.C. Highway 133 (Castle Hayne
Road).
13) Thence with the Western right of way of N.G. Highway 133 (Castle Hayne Road)
and running S 03' 12' 45' E 84.58' o an existing NCDOT right of way disc.
14) Thence continuing and running S 34' 28' 55' W 45.61' to an existing iron rod In the
Northern right of way of S.R. 2841 (Service Road).
15) Thence with the Northem right of way of S.R. 2841 (Service Road) and running S
86' 47' 15" W 88.25' to an existing NCDOT right of way disc In the Western right of
way of said S.R. 2841 (Service Road).
16) Thence with the Western right of way of said S.R. 2841 (Service Road) and running
S 04' 32' 57" 98.45' to an existing NCDOT right of way disc.
17) Thence continuing and running S 32' 01' 23' E 37.44' to an existing NCDOT right of
way disc.
18) Thence continuing S 04' 10' 02" E 492.19' to a point.
19) Thence continuing S 39' 42' 50" E 142.85' to an existing NCDOT right of way disc
in the Western right of way of N.C. Highway 133 (Castle Hayne Road).
20) Thence with said Western right of way of N.C. Highway 133 (Castle Hayne Road)
and running S 03' 59' 47" E 311.71' to the place and Point of Beginning.
Being 26.55 Acres and being the property of BDLCT, LLC as recorded In Deed Book
5843 Page 117, Deed Book 5936 Page 872, Deed Book 6266 Page 1248, Deed Book
6266 Page 1299, Deed Book 6346 Page 2470, Deed Book 6468 Page 2816. Deed
Book 6504 Page 2467, Deed Book 6622 Page 2825, and Deed Book 6634 Page 344 of
the New Hanover County Register of Deeds.
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 conditions also approved as
part of this action, shall be in full force and effect from and after its adoption.
Z24-17 Page 12
Section 5. The County Commissioners find, in accordance with the provisions of NCGS 160D, that the
zoning map amendment of approximately 27.55 acres of land from a R-20, Residential District to a PD,
Planned Development District is:
Consistent with the purposes and intent of the Comprehensive Plan because the project provides
for the types and mixture of uses recommended in the Community Mixed Use and General
Residential place types, and the project will create a new commercial node in close proximity to
nearby residents. And reasonable and in the public interest because the project provides
additional housing diversity to the area and increases vehicular and pedestrian circulation.
Section 6. The County Commissioners find that all of the specific requirements set forth in Section 3.3.7
and 10.3.4 of the County's Unified Development 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 terms and conditions as agreed to by the applicant and attached as Terms and Conditions.
Section 7. In accordance with Section 10.3.4.C.8.c.1 of the ordinance, revocation of the Planned
Development 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:
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 Unified Development Ordinance.
Adopted the 7th day of October, 2024.
—3" 7:�V
Bill Rivenbark, Chair
Attest:
J4VW �
Kym f rowell, Clerk to the Board
Z24-17 Page 13
Proposed Master Planned Development Terms & Conditions
Terms and Conditions
1. Conditions related to approval of the application for the planned development
zoning district classification;
a) Development within the PD District will comply with the use types, buffer
requirements, setback requirements, maximum impervious area, maximum
height and density as shown on the MPD Master Plan;
b) Developer will install all applicable offsite traffic improvements required by
the TIA in conjunction with development of the site (a diagram of which is
attached hereto as Exhibit "A"), subject to any modifications required by the
NCDOT and/or WMPO.
c) At Developer's own expense, Developer will provide a new access
easement across Developer's property from Emerson Drive to the
Grady/Moore Family Cemetery for use by members of the Grady/Moore
Family. The Developer, however, shall not be responsible for maintenance
of the Cemetery property. The aforementioned access easement is planned
to be utilized only for cemetery access, underground utility access and
emergency vehicle ingress/egress.
d) Developer must provide water and sewer utilities to the site prior to
development.
e) The uses allowed shall include all of the uses permitted in the PD District
as specified in NHC UDO Table 4.2.1, except that the following uses will be
prohibited:
All Agricultural Uses;
The following Residential Uses:
(1) Mobile Home
(2) Mobile Home, Doublewide
(3) Mobile Home Park
(4) Mobile Home Subdivision
iii. The following Civic and Institutional Uses:
(1) Animal Shelter
(2) Heliport
iv The following Commercial Uses:
(1) Mobile Home and Prefab Building Sales
(2) Vehicle Sales
(3) Vehicle Towing Service and Storage Yard
V. All Industrial uses
vi. All Manufacturing uses
vii. All Transportation uses
2. The MPD Master Plan, including any density/intensity standards, dimensional
standards, and development standards established in the MPD Master Plan;
Any development of the site must comply with the following standards as shown
on the MPD Master Plan:
a) Uses are limited to the following
i. 8.24 Acres of Multifamily Residential and Mixed -Use Commercial -
Residential;
ii. 10.23 Acres of Commercial/Grocery;
iii. 7.75 Acres of Retail
b) Maximum Residential Density for Multifamily and Mixed -Use development
is 17 du per acre
c) Maximum number of residential units is 115 units
d) Maximum height for all structures is limited to 50 feet
e) Proposed buffer yard abutting residential = 20 feet
f) Multifamily and Mixed -Use Setbacks = 20 feet
g) Commercial/Grocery/Retail Setbacks as follows:
i. Front Yard = 20 feet
ii. Rear Yard = 20 feet
iii. Side Yard = 20 feet
iv. US/NC Highway Setbacks = 50 feet
h) Maximum impervious = 50%
3. Conditions related to the approval of the MPD, Master Plan, including any conditions
related to the form and design of development shown in the MPD Master Plan;
a) A minimum 20% landscape buffer as indicated on the MPD Master Plan.
Existing vegetation and trees are to remain. Areas may be supplemented
with plantings.
b) A 5' sidewalk will be installed on both sides of the interior road connecting
Chair Road to Castle Hayne Road as shown on the MPD Master Plan.
c) All required traffic improvements (see attached Exhibit "A") will be phased
along with development.
4. Provisions addressing how transportation, potable water, wastewater, stormwater
management, and other infrastructure will be provided to accommodate the proposed
development;
a) A company affiliated with the Developer previously installed a water main,
in partnership with New Hanover County (who provided hydrants for fire
protection) and the Cape Fear Public Utility Authority along Chair Road.
Developer will be responsible for providing water infrastructure from the
main to the PD development site.
b) Developer will provide sewer to the PD development site, including
installation of a sewage lift station for the PD development site if necessary.
This will likely provide the opportunity for public/private partnerships which
could expand sewer service options for existing community residents.
c) As noted above, Developer will be responsible for installing all required
traffic improvements in conjunction with development of the site.
5. Provisions related to environmental protection and monitoring:
The Developer will be responsible for complying with all applicable State and New
Hanover County environmental and stormwater rules and regulations, as well as any
other applicable Federal, State and local environmental regulations. The Developer will
obtain all required local, State and Federal environmental and regulatory permits.
6. The area shown on the MPD Master Plan as "Transitional Residential" shall not exceed
eight (8) dwelling units per acre, and shall not exceed three (3) stories in height.
7. The area shown on the MPD Master Plan as "Transitional Commercial" will contain no
commercial buildings and shall be limited to parking, streets, pedestrian ways, signage,
stormwater management features, landscaping and infrastructure to support the PD
development.
8. Vertical mixed -use development consisting of residential uses above ground -level
commercial uses shall be allowed in the area designated "Retail/Office/Mixed-Use" on the
MPD Master Plan.
9. Vertical mixed -use development consisting of residential uses above ground -level
commercial uses shall be allowed along the interior road connecting Chair Road to Castle
Hayne Road within the area shown as "Residential/Multifamily" on the MPD Master Plan.
Compensating Community Benefits
The proposed PD zoning would offer several benefits to the community:
• Hit hest and Best Use: Most of the parcels are currently vacant and the site area
is underutilized. This is particularly true because the site is located at the
confluence of higher intensity Comprehensive Plan placetypes and an interstate
interchange. The proposed PD rezoning would allow for a wider range of
neighborhood -scale goods and services to be brought to an area that is
commercially underserved. Developing the site under the current R-20 zoning
district would not have the same community benefit to nearby residents or persons
employed in the vicinity. It is anticipated that the proposed PD development will
help promote additional business growth, create jobs and increase the availability
of commercial goods and services in the area generally.
• Better Design: A cohesive and comprehensively designed mixed -use project will
not only be a more efficient use of land as promoted in the County's
Comprehensive Plan, it will also be a more architecturally and aesthetically
pleasing development than a disconnected parcel -by -parcel development of this
same property. The PD rezoning will allow for more thoughtful, well planned and
compatible landscaping and street plans, as well as the opportunity for shared
parking without multiple driveway cuts on adjacent roadways. Installation of
utilities can also be achieved in a more efficient and planned manner with the PD
District development.
• Traffic Improvements: One of the greatest community benefits of this PD rezoning
request is the proposed roadway and traffic improvements that the Developer will
install as part of the development of the site. A new traffic signal and improvements
to Chair Road will be significant benefits to the residents of Chair Road and the
surrounding area. The proposed roadway improvements, which will include dual
access points to the site, will be a significant community enhancement and will
protect and enhance the ingress/egress to and from St. James AME Church.
• Infrastructure: A company affiliated with the Developer has already installed a
water main along Chair Road for a previous project, thereby creating a looped
water system for the residents of Chair Road and Rockhill Road. This investment
has served as a community benefit. The current project may also require a sewage
lift station for the PD development. As previously mentioned, the Developer is
willing to explore opportunities to work with the County and CFPUA to design the
lift station as a regional lift station, which would allow the infrastructure to be used
beyond the scope of the PD development. This would provide opportunities for
the County and/or CFPUA to expand the availability of sewer to both existing and
future properties in the community.
• Housing: The project will include more residential units than the existing R-20
zoning currently allows. These additional units, particularly in close proximity to
major employers and the interstate interchange, will increase the availability of
housing at a time when the County's population and the housing deficit continue
to grow. Large tracts of very low -density housing will not solve the housing
shortage, but higher density housing, and particularly in mixed -use developments
near major roadways and employment opportunities, will help address the
County's housing shortage. The mixed -use nature of the proposed project will
provide commercial goods and services to both future residents of the PD
development and existing residents in the Chair Road corridor area, thereby
reducing the need to access Castle Hayne Road.
CERTIFICATE OF APPROVAL
NE H VER CC TY BOARD OF =�O_
o
�222 � .
J
TE CHAIRPERSON