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Home My WebLink AboutZ23-04 Order - SignedAN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7,1971 respectively and subsequently amended CASE: Z23-04 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1a. The New Hanover County Zoning Map is hereby amended by removing the hereinafter described tracts from R-15, Residential District and (CZD) 0&I, Office and Institutional and placing it in a (CZD) B-2, Conditional Regional Business District, said land being described legally as follows: Being a portion of the River Road Construction Tracts 1 and 2, described in book 6407 page 896 of the New Hanover County Register and being more particularly described as follows: Beginning at a point at the intersection of the western right of way of U.S 421 Carolina Beach Road and the southern right of way of Southern Charm Drive: Proceed from said point of beginning and with the western right of way of U.S. 421 Carolina Beach Road S 10-06-10 E 105.53' to a point, thence S 10-20-14 E 165.03' to a point in the southern line of the River Road Construction tract, thence leaving said western right of way and with said southern line S 89-55-23 W 235.10'to a point, thence N 00-54-36 E 269.49'to a point in the northern line of said River Road Construction tract, thence with said northern line S 89-05-24 E 182.72' to the point of beginning and containing 1.28 acres. Section 1b. The New Hanover County Zoning Map is hereby amended by removing the hereinafter described tract from an R-15, Residential District and (CZD) 0&I, Office and Institutional and placing it in a (CZD) RMF-L, Conditional Residential Multi -Family Low Density District, said land being described legally as follows: Being a portion of the River Road Construction Tracts 1 and 2, described in book 6407 page 896 of the New Hanover County Register and being more particularly described as follows: Beginning at a point that is located N 89-05-24 W 182.72' from the intersection of the western right of way of U.S 421 Carolina Beach Road and the southern right of way of Southern Charm Drive: Proceed from said point of beginning S 00-54-36 W 269.49' to a point in the southern line of the River Road Construction tract, thence with said southern line S 89-55-23 W 19.93' to a point, thence N 89-55-02 W 995.79' to a point, thence S 05- 01-03 E 104.58' to a point N 89-58-15 W 696.67' to a point, thence leaving said southern line N 00-23-37 E 398.77' to a point in the northern line of said River Road Construction tract, thence with said northern line S 89-06-07 E 1047.36' to a point, thence S 89-05-24 E 657.64' to the point of beginning and containing 12.68 acres. 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 Z23-04 Order Page 1 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 1.28 acres of land from R-15, Residential District, and (CZD) O&I, Office and Institutional to (CZD) B-2, Conditional Regional Business District, and approximately 12.68 acres of land from R-15, Residential District 0&I, Office and Institutional to (CZD) RMF-L, Conditional Residential Multi -Family Low Density District is: Consistent with the purposes and intent of the 2016 Comprehensive Plan because it provides for the types of uses and residential densities for a Community Mixed Use place. Reasonable and in the public interest because the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 3.4.6 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: 1. Any RV and Boat storage must be located on the interior of the mini storage and may not be visible from a public right-of-way. 2. The access easement from Southern Charm to Carolina Beach Road shall have a public access easement. 3. The access easements from both Southern Charm Drive and Carolina Beach Road shall not be gated. 4. Multi -family structures shall be limited to three stories. The mini storage height will be limited to 3 stories or 50 feet. 5. The bufferyard between the new residential structures and the adjacent residential properties shall be no less than 20 feet, and a fence shall be installed along the southern property boundary. 6. The mini storage structure will be limited to a 12,000 square foot maximum building footprint and a 36,000 gross square foot maximum. 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. Section 8. The applicant shall fully comply with all of the specific requirements stated in the Z23-04 Order Page 2 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 6t' day of March, 2023. '3'V 0- < Ar I Rivenbark, Chair Attest: dL Ky Crowell, Clerk to the Board Z23-04 Order Page 3 CE NEW HA DATE GENERAL NOTES: CERTIFICATE OF APPROVAL I. ww HANDIER COUNTY PARCEL NU WTS, P® W&W-OW-010-OPT W&VO-001-012-000 P AREA: 4R-7C5 SE (OAI AC) A%L-7476 TOTALNG NEVV HANG ER COUNTY BO F MMI ERS , ZCWMG DISTRICT CID OAE S E)MI G ZWWY 4. CAWA LAND CIASSRCAriON: BERM RESOURf£ PR0 MON �� 5 IT SINE IS LOCATED M�MN ZONE 7C AC'EX TWG TO RLA RRW ITCOU"Tr PANEL NUMBERS 372ON32OXYC EFFECTIT DATES MID DATE R-15 CHAT P RSOId R-1s ....7--r— ... -_ == - ENGINEERING AO 6 s¢ AD0lKSS a9D4 cARauN, ffAa ROAD 7. STORWWATER DRAMS TO LORDS CREEK GSW (18-84) _ _ — - _ _ .. R-13 — - - - — - - — - - — - - — R-15 o'.$ R:4 ' -.. -- �.} •�11� - 1'=._ m•�"" �"' � R-I5 R-15 I` [/CENSE/ C-77f0 ENpNEEWNC LAND PEANAgNG CCURERLYAL / RE,9M N R-15 - - - ---- R 13 R "R-75 - - 'r- -- - - ISIT� s , - P. BOX 40l1 (910) 2 N2M7I (slot BI-oar L �_ - T -— -r __ _ f - -- - Mc u-D vE 100 100 0 200 40D 600 --�_IT N Bae} SCALE M EFEi: 11 200' EXISTING ZONING f [( B-2 ZONING AREA 1.28 AC �11i a ¢ •� \ LINE TABLE LINE TABLE 1 1I{ TAG LENGTH DIRECTION TAG LENGTH DIRECTION R-15 R-15 S �IY_ R-13 - . -. 1 i 0 ` ; y , L7 1015.71' N89'54'23W L6 268.70' SOO'54'36-W L2 104,89' SOS'23'2TE L7 235.70' N8955'23'E _ - — - - — /--- ---- �------_-- .. -�1rc R-15 I -------------------------------------------- - - - • ' a L3 697.39' N89'S8'15'W L8 270.55' N10,4'45'W AREA FOR RAIF-L 1 A + + + + + + + + + + + + I yl •-r W i U�Zo L4 398.77' N002S37'E L9 182.72' N89-05.24-W I I 1 �Ly� j + 6.41 ACRES OPEN SPACEF I'IL- o �� L5 1705,00' S89'04'10'E L6 268.70' SOO'54'36'w YF-� + t + + + + + _ _ ------- _ ---- + + + + + + + + + + + +I G Lj .a.r. 5 W 3 ¢ IIr� ¢n a - + _____________________J =- t>�x rx RYE—L AREA B-2 AREA _ R-73 - - - R 15 - - R IS r J 1"-� r==T� - r T""�-r_ zoo 1a0 o zov Noo 6ou SCAN£/N iFER f'� 200' PROPOSED ZONING I H I HO- TIFICATE OF APPROVAL DYER COUNTY BOARD OF COMMISSIONERS 'YF-7- ex THERN CHARM DRIVE a - ---- CHAIRPERSON -' ---- � A i vu I ---- --- 1a UNITS 1 i ra wmTs 1s uNTis " - u-----------� 18 UNITS. 8 mTs ;- -- - 2 l I Ir9 UN/T5 fTT717DATE• H -OH1 \ 17-B-7022 �ELrr. —1 sole As A scut N/A tz ' - - - - � - -I au,n ' DRAWN BY, RLW CHECKED BY, HSR I PRPffCT NO: 19-0483 60 30 0 60 120 180 SCALE IN FEET.- f'� BO' I 911d � p