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Home My WebLink AboutZ24-03 Approved Order 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: Z24-03 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 a B-1, Neighborhood Business and R-20, Residential District placing them in a (CZD) B-2, Regional Business District said land being described legally as follows: Beginning at a point in the western boundary of Castle Hayne Road (U.S. Hwy. 117), a 60' public right-of-way; said point being located approximately 486 feet southwardly along the right-of-way from its intersection with the southern boundary of Rockhill Road (S.R. 1331); a 60' public right-of-way; and running thence from the point of beginning, with the Castle Hayne Road right -of way: South 000 36' 55" West, 208.00 feet to a point; thence North 890 21' 30" West, 1,030.95 feet to a point; thence North 000 20' 13" East, 208.69 feet to a point; thence South 89' 29' 13" East, 1,031.96 feet to the right-of-way of Castle Hayne Road, the point of beginning, containing 4.93 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 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed.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 4.93 acres of land from the B-1, Neighborhood Business and R-20, Residential District to the (CZD) B-2, Conditional Regional Business District is: Consistent with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide an adequate transition from a commercial corridor to residential districts. And reasonable and in the public interest because the project is in line with current development patterns in the area. Z24-03 Order Page 1 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. The proposed use of a restaurant will have a cap of 3,000 square feet. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. Permitted Uses shall be limited to: a. Animal Grooming/Veterinary (Kennel or Daycare prohibited) b. Business Service Center c. Contractor Office d. Offices for Private Businesses & Professional Activities e. General, Personal Services (Tattoo Parlors prohibited) f. Instructional Services & Studios g. General, Retail Sales h. Restaurant 3. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown on the concept plan. 4. The existing vegetation as shown on the concept plan will be retained to meet the Type A opaque buffer requirement. 5. AType A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. 6. A 50-foot-wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. 7. No Contractor Office with outdoor storage shall be allowed east of the Ness Creek Tributary. 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: Z24-03 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 3d day of June, 2024. ti Bill Rivenbark, Chair Attest: Ky rowell, Clerk to the Board Z24-03 Order Page 3 Exhibit A Agreement of Conditions of Approval for Conditional Zoning Map Amendment Case Number: Z24-03 Cindee Wolf, Design Solutions - — Property Owner(s): Littlebird Properties LLC Request by Cindee Wolf with Design Solutions, applicant, on behalf of Littlebird Properties, LLC, property owner, to rezone approximately 4.93 acres zoned B-1, Requesf: Neighborhood Business and R-20, Residential located at 3121 Castle Hayne Road to (CZD) B-2, Regional Business for two commercial structures totaling a maximum 19,150 square feet for the use of Contractor Office and other limited _ f uses. I' — � s'c, •°�4� hereby acknowledge that I am the w""ePre"he,a of all property included in the above referenced application and volunteer thecantfol own g conditent ofeion(s) of approval that were mutually agreed upon by the owner County: /applicr-+ application and New Hanover Applicant/Owner 7— Initials: Condition(s) The proposed use of a restaurant will have a cap of 3,000 sq. ft. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. Permitted Uses shall be limited to: a. Animal Grooming/Veterinary (Kennel or Daycare prohibited) b. Business Service Center C. Contractor Office d. Offices for Private Businesses & Professional Activities e- General, Personal Services (Tattoo Parlors prohibited) f. Instructional Services & Studios g. General, Retail Sales h. Restaurant Pedestrian access will be provided from Haven Place to the proposed flex Space commercial structure as shown on the concept plan. The existing vegetation as shown on the concept plan will be retained to meet the Type A opaque buffer requirement. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. A 50' wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. 1vo Contractor Office with outdoor storage shall be allowed east of the Ness Creek Tributary. 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 (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 (7) days of approval the rezoning application approval is null and void. Applicanter Name (Print) ApplicantfQwne►r Sig re GG to (a Z - Date