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Home My WebLink AboutZ23-20 Signed OrderAN 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: Z23-20 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 (CZD) 0 & I, Office and Institutional District and placing it in a (CZD) B-2, Regional Business District said land being described legally as follows: 2117 Castle Hayne Road Beginning at a point In the western boundary of Castle Hayne Road (NC Hwy.133), a 100' public right-of-way; said point being located North 77025'11" West, 20.21 feet from the northeastern corner of "Hanover Lakes — Phase I," a development recorded among the land records of the New Hanover County Registry in Map Book 62, at Page 318; and running thence: North 77025'11" West, 406.23 feet to a point, thence North 13025'05" East, 234.24 feet to a point; thence South 7603455' East, 423.70 feet to a point in the western boundary of Castle Hayne Road; thence with that right-of-way, South 1r48'11" West, 228.97 feet to the point and place of beginning, containing 2.20 acres, more or less. Section 2. The County Clerk is hereby authorized and directed underthe 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 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed.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 2.2 acres of land from the (CZD) 0 & I, Office and Institutional District, to the (CZD) B-2, Regional Business District is: Consistent with the purposes and intent of the Comprehensive Plan because the project scale and density will provide an adequate transition from a commercial corridor to residential districts. And reasonable and in the public interest because the proposal is arguably less intense and more in line with current development patterns than the current district of (CZD) 0&I. Z23-20 Order Page 1 Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 3.4.5 and 10.3.3 of the County 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 attached as Exhibit A: 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid -appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. 5. Building height restricted to 25'. 6. Outdoor storage area (only one) to be enclosed with a minimum 8' opaque fence. 7. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. 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. Light posts shall be no taller than twelve (12) feet. 8. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on the concept plan, including the installation of a sidewalk from the southern border to the northern border. 9. Permitted Uses shall be limited to: Indoor Recreation Establishment (Shooting Ranges prohibited), Animal Grooming / Veterinary (Kennel or Daycare prohibited), Business Service Center, Contractor Office (hours of operation limited to 7AM-8PM), Offices for Private Business & Professional Activities, Personal Services, General (Tattoo Parlors prohibited), Instructional Services & Studios, Retail Sales, General, Restaurant (no drive- thru). 10. The dumpster is to be located on the northern portion of the property. 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 Z23-20 Order Page 2 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 11th day of December 2023. ! v Bill Rivenbark, Chair Attest: 1 Ky rowell, Clerk to the Board Z23-20 Order Page 3 EXHIBIT A Agreement of Conditions of Approval for Conditional Zoning Map Amendment Case Number: Z23-20 Cindee Wolf, Design Solutions Hanover Lakes, L.L.C. Applicant: Property Owner(s): Request by Cindee Wolf with Design Solutions, applicant, to rezone Request: approximately 2.20 acres zoned (CZD) 0&1, Office & Institutional located at 2117 Castle Hayne Road to (CZD) B-2, Regional Business for a maximum 18,000 square foot flex commercial business space with limited uses. I, C tY'C�\p�\NOLF hereby acknowledge that] am *e-owner, a .the applicant/ogent 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/opplicant of the application and New Hanover County: Applicant/Owner Condition(s) Initials: 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use ks_� proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 1 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must 11 �w have a support structure that is a solid -appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. 5. Building height restricted to 25'. 6. Outdoor storage area (only one) to be enclosed with a minimum 8' opaque fence. CPW 7. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. 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. Light posts shall be no taller than twelve (12) feet. 8. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown .on the concept plan, including the installation of a sidewalk from the southern border to the northern border. — l 9. Permitted Uses shall be limited to: Indoor Recreation Establishment (Shooting Ranges prohibited), Animal Grooming / Veterinary (Kennel or Daycare prohibited), Business Service Center, Contractor Office (hours of operation limited to 7AM- 8PM), Offices for Private Business & Professional Activities, Personal Services, General (Tattoo Parlors prohibited), Instructional Services & Studios, Retail Sales, General, Restaurant (no drive-thru). 10. The dumpster is to be located on the northern portion of the property. 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. Applicant�Qwae# Name (Print) Applicant f 6vaner Signat re 1z1 1q (2 3 Date _ CERTIFICATE OF APPROVAL \ ~� NEW H OVER COUNTY BOARD OE COMMISSIONERS CMRPlYiMN __~ � loss• ~ - Hanaerr lakes � ••,•• �— _ �'��._-� � �� a POA, LLC 00 till � 1 Storage ca:rr ,>° 6pp .01 eS. Psn a' 0") l,u r4 o`er,. s �. Js4f F'�• I� ++• tu.re 1 .,n� � ( x]Ady.r w I � _ — '.°pf •r `'� �_ - 1 O Wesleyy BOO— Drn x CDpc zm,It Traue HDllack +I' D.9.60gq.16g9 // / D.e.6a3.T6: //(/ Mary 7( 1)l! Prn nr_sW1$ / P_S:dURY5 1 D.B.IGGm1 // ( Y Ir rntY /r/ l 6:SeIJzs >t: r Mna t r 1/ Vnw uc-: / Mary ( I P.Dwdzh /r T'ni: R'15 / D.9. 643s1es3 / Jahn< it I 1 1 + R.•,weUrn. / J BDntb wFO.9 1 xe:,e_�rw15' D.P.:A5&133a !: / J:Ihan GnH / Clr cle (50'Prltzt I I ' sc� a. 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IPan,as 3. a+arvq mnry Drs[..ro rrol on&z-3sa. a:l61 D:>trc: 2 ai Y_n:re-1.1 rxtaury pnnbced;- Prepo>:d _'�nnq -1=�1 jj In>yvc: 9>..:>es, g tn,nP p>dla Vnf>f,A.ancn. N U� Nx. P+y. nrca- la.cao,.s. DPa_ Nu. q a.-I5tay125' . ahaq Rege.: Iv � 2.5 >pl' aaa sl � 43 W _mm��_ Cs~I6.CCO Graphic Scale ' ' o.I.x 31,CC0 a.I._ 2,30a>,Pe Total 3i.3W s.1.:53.5k: 5 Cmrtvrl.tcry