HomeMy WebLinkAboutZ24-20 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: Z24-20
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 (CZD) CB, Conditional Community Business District
said land being described legally as follows:
Beginning at a point in the southeastern boundary of Castle Hayne Road (U.S. Hwy. 117), a 60'
public right-of-way; said point being at the northwestern -most corner of "Tract A," shown on a
plat entitled "Division for Leslie Lewis;' recorded among the land records of the New Hanover
County Registry in Map Book 69, at Page 112, and running thence:
South 36046'37" East, 527.92 feet to a point; thence
South 36045'52" East, 778.34 feet to a point; thence
South 53011'08" West, 179.22 feet to a point; thence
South 89028'53" West, 297.86 feet to a point; thence
North 36011'32" West, 901.37 feet to a point; thence
North 35047'34" West, 27.51 feet to a point; thence
North 49031'19" East, 162.00 feet to a point; thence
North 42027'46" West, 173.69 feet to a point in the southeastern boundary of Castle Hayne Road;
thence with that right-of-way,
North 53016'24" East, 267.28 feet to the point and place of beginning, containing 11.26 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conflict, is hereby repealed.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 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 11.26 acres of land from a R-20, Residential District to a (CZD)
CB, Conditional Community Business District is:
Z24-20 Page11
Consistent with the purposes and intent of the Comprehensive Plan because the rezoning
provides for the types of uses recommended in both the Community Mixed Use and
Employment Center place types. And reasonable and in the E)ublic interest because the
application limits uses to those which are more appropriate for the area and additional
conditions reduce impact on adjacent residential areas.
Section 6. The County Commissioners find that all of the specific requirements set forth in Section 3.4.4
and 10.3.3 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 following conditions as agreed to by the applicant and attached as Exhibit A:
1. The only permitted use is for a miniature golf establishment and a golf driving range.
2. Hours of operation limited to:
a. 9 am — 8 pm Sunday - Thursday
b. 9 am —10 pm Friday & Saturday
3. In addition to LIDO Section 5.5 Exterior Lighting, which regulates max illumination levels and
full fixture cut-offs, the following will apply:
a. Lighting poles for security lighting in the parking area and mini -golf areas would be
limited to a 16' height.
b. Lighting poles for flood lighting of the driving range would be limited to 35' and turned
off outside of the hours of operation.
c. Lighting fixtures shall be numbered such that adequate levels of lighting are
maintained, but that light spillage and glare are not directed at adjacent property(ies),
neighboring areas or motorists.
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:
Z24-20 Page 12
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 18th day of November, 2024.
I(-
BiTI Rivenbark, Chair
Attest:
KyJJCroweIl, Clerk to the Board
Z24-20 Page 13
EXHIBIT A
Agreement of Conditions of Approval for Conditional Zoning Map Amendment
Case Number:
Z24-20
Applicant:
Cindee Wolf, Design Solutions
Property Owner(s):
ZCH Investments, LLC
Request by Cindee Wolf with Design Solutions, applicant, on behalf of ZCH
Request:
Investments, LLC, property owner, to rezone approximately 11.26 acres located
at 4200 Castle Hayne Road from the R-20, Residential District to the (CZD) CB,
Community Business District for the use of Outdoor Recreation Establishment.
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:
Condition(s)
n I 1. The only permitted use is for a miniature golf establishment and a golf
9C driving range.
2. Hours of operation limited to:
R1+ a. 9 am — 8 pm Sunday - Thursday
b. 9 am —10 pm Friday & Saturday
p-
3. In addition to UDO Section 5.5 Exterior Lighting, which regulates max
illumination levels and full fixture cut-offs, the following will apply:
a. Lighting poles for security lighting in the parking area and mini -golf
areas would be limited to a 16' height.
b. Lighting poles for flood lighting of the driving range would be
limited to 35' and turned off outside of the hours of operation.
c. Lighting fixtures shall be numbered such that adequate levels of
lighting are maintained, but that light spillage and glare are not
directed at adjacent property(ies), neighboring areas or motorists.
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.
�S
Applicant/Owner Name (Print)
(A-spElcant/Owner Signature
Date