HomeMy WebLinkAboutOrder - SignedAN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE OFFICIAL ZONING MAP
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 16, 1971 respectively and subsequently amended
CASE: Z25-05
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 a Conditional R-7, Residential District placing it in a (CZD) R-5,
Conditional Residential Moderate -High Density District said land being described legally as follows:
Beginning at a point in the southwestern boundary of Edgewater Club Road, a 60' public
right-of-way; said point being located North W36'2S" West, 383.08 feet from its
intersection with the northern boundary of the southern bop of Waterstone Drive, a S0'
public right-of-way; and running thence:
South 70" 23'35" West, 205.00 feet to a point; thence
South 19036'25" East, 318.55 feet to a point; thence
South 46133'07" West, 318.89 feet to point; thence
South 6r30'18" West, 265.07 feet to a point; thence
North 67"59'35" West, 269.41 feet to a point, thence
North 07006'24" West, 251.49 feet to a point; thence
North 62"3721" East, 713.25 feet toa point; thence
North 70123'35" East, 202.10 feet to a point in the Edgewater Club Road right-of-way;
thence with that right -of -way,South 19136'25" fast, 60.00 feet tothe point and place of
beginning, containing 7.32 acres, more or less.
The described boundary is shown on a plat recorded among the land records of the New Hanover
County Registry, in Map Book 69, at Page 95.
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conflict, is hereby repealed.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 19.32 acres of land from a R-20, Residential District and a
Conditional R-7, Residential District to a (CZD) R-5, Conditional Residential Moderate -High Density District
is:
Z25-05 Page 11
Consistent with the purposes and intent of the Comprehensive Plan because the proposed uses
are in line with the place type recommendations. And reasonable and in the public interest
because the proposed district would provide for efficient land use and a variety of housing types
for an age restricted community.
Section 6. The County Commissioners find that all of the specific requirements set forth in Section 3.2.11
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. An additional sidewalk will be provided between the townhome portion of the project
and Porter's Neck Elementary School.
2. The storm water management system will be designed for a 100-year storm event.
3. Both the detached and attached single-family portions project will be age -restricted
based on state and federal Fair Housing requirements for projects for individuals aged 55
and above.
4. A 20-foot-wide public access easement with ADA accessible sidewalk will be installed
along the project fronting Edgewater Club Road. The sidewalk must be installed or
bonded as part of the construction of the subdivision and the public access easement
must be platted and dedicated with the recordation of the first plat associated with the
development.
5. A 6-foot-tall wood privacy fence running south along Edgewater Club Road will be
installed from lot 34 to lot 28, at which point it will transition to a 6-foot-tall brick privacy
wall with vegetation, behind the pool and amenity center and tapering to 5 feet in height
at the entrance monument for the neighborhood.
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:
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.
Z25-05 Page 12
Adopted the 2"d day of June, 2025
Azz L" zf-- Ir-
Bill Rivenbark, Chair
Attest:
4w 0
lxwsk -
Kynkrowell, Clerk to the Board
Z25-05 Page 13
EXHIBIT A
Agreement of Conditions of Approval for Conditional Zoning Map Amendment
Case Number: I Z25-05
Applicant: Cindee Wolf, Design Solutions _
Property Owner(s): Har-Ste Investments, LLC
Request by Cindee Wolf with Design Solutions, applicant, on behalf of Har-Ste
Investments, LLC, property owner, to rezone approximately 19.32 acres located
at 226 Edgewater Club Road and the 900 block of Waterstone Drive from the
Request: (CZD) R-7, Residential and R-20, Residential districts to a (CZD) R-5,
Residential Moderate -High Density district for an 82 unit Senior Living:
Independent Living Retirement Community consisting of a mix of detached and
attached single-family dwellings,
hereby acknowledge that I am the owner, or the applicant/agent of the owner,
of all p perty included in the above referenced application and volunteer the following condition(s) of
approvEsl that were mutually agreed upon by the owner/applicant of the application and New Hanover
County:
Appfieas*/Owner
initials: Condiiion(s)
i An additional sidewalk will be provided between the townhome portion of the
project and Porter's Neck Elementary School.
The storm water management system will be designed for a 100-year storm event.
Both the detached and attached single-family portions project will be age -restricted
based on state and federal Fair Housing requirements for projects for individuals
aged 55 and above.
A 20-foot -wide public access easement with ADA accessible sidewalk will be installed
along the project fronting Edgewater Club Road. The sidewalk must be installed or
bonded as part of the construction of the subdivision and the public access easement
must be platted and dedicated with the recordation of the first plat associated with
the development.,
jA 6-foot-tall wood privacy fence running south along Edgewater Club Road will be
installed from lot 34 to lot 28, at which point it will transition to a 6-foot-tall brick
privacy wall with vegetation, behind the pool and amenity center and tapering to 5
feet in height at the entrance monument for the neighborhood,'
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 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.
"P151W NA'2D1SoA) rivtFrilBER
Appliear I/Owner Name (Print)
Owner Signature
G V
Date