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Home My WebLink AboutZ24-14 Signed Order & PlanAN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED January 6, 2025 respectively and subsequently amended CASE: Z24-14 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 the R-15 Residential and B-2 Regional Business Districts and placing it in a (CZD) B-2, Conditional Regional Business District said land being described legally as follows: Beginning at a point in the boundary of Carolina Beach !toad (N.C. Highway 421), a 160' public right-of-way; said point being at the southeastern corner of "Tract Y on a division of lands for Thomas L. Sellars, Sr. and Shlriey Norris Sellars, recorded among the land records of the New Hanover registry in Map Book 44, at Page 301; and running thence from the point of beginning: South 84010'29" West, 407.66 feet to a point; thence North 0301612V West,178.89 feet to a point; thence North 84054'34" East, 99.71 feet to a point; thence North 05OW360 West,149.70 feet to a point; thence North 84°48'00" East. 299.14 feet to a point In the western boundary of Carolina Beach Road; thence with that right-of-way, South 05048'19" East,100.05 feet to a point; thence continuing with the right-of-way, South 05016'59" East, 50.23 feet to a point; thence continuing with the right-of-way, South 05042'31" East,173.58 feet to the point and place of beginning, containing 2.67 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 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed.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 2.67 acres of land from the R-15 Residential and B-2 Regional Business Districts to a (CZD) B-2, Conditional Regional Business District is: Consistent with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of the Community Mixed Use place type. And reasonable and in the public interest because the project would act as an appropriate transition between the highway and existing residential development. Z24-14 Page I 1 Section 6. The County Commissioners find that all of the specific requirements set forth in Section 3.4.5 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: Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along the rear boundary within the 35-foot setback in addition to the required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear setback except maintenance and any future pedestrian access that may be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut-off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. 5. Permitted uses are limited to: • Commercial Kitchen, Catering • Restaurant • Food Market • Retail Nursery • Retail Sales, General 6. A minimum 20-foot-wide public access easement shall be provided along the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. 7. Significant trees shown on the concept plan shall be permanently retained. 8. The driveway access stub shown on the northern boundary of the concept plan shall be an all-weather surface extended to the property line to allow for future interconnectivity. The platform shall be enclosed on three sides and with a roof so as to direct music eastward toward Biggers Market and not west toward Sellars Cove. 10. All music will cease by 10 PM, seven (7) days a week. 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. Z24-14 Page 12 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. Adopted the 6th day of January, 2025 —'Z G- ill R aiv e n �ba r kIhair Attest: Ky Crowell, Clerk to the Board Z24-14 Page 13 \Ulhenhsign It): /UU /4BtSt3-GtGt-tri 1-aal.'r-0UYY4aLByUb/ EXHIBIT A Agreement of Conditions of Approval for Conditional Zoning Map Amendment Case Number: i Z24-14 Applicant: Cindee Wolf, Design Solutions Property Owner(s): Polly Cribb and Shirley Norris Request by Cindee Wolf with Design Solutions, applicant, on behalf of Polly Cribb and Shirley Norris, property owners, to rezone approximately 2.67 acres Request: located at 6208, 6216, and 6218 Carolina Beach Road from the R-15, Residential and the B-2, Regional Business districts to (CZD) B-2 for the use of Retail Sales, General for a grocery store, and other limited uses. Polly Greene Cribb Estate 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 conditions) of approval that were mutually agreed upon by the owner/applicant of the application and New Hanover County: Applicant/Owner Conditions) Initials: 1. Street yard landscaping will be installed along Carolina Beach Road to Epiilmeet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along PGC the rear boundary within the 35-foot setback in addition to the required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear setback except maintenance and any future pedestrian access that PGCmay be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full •� cut-off fixtures that are directed downward in compliance with Figure PGC 5.5.4.0 Full Cut-off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. \ulnentlsign W:/UU/48tlC-UtGt-EF11-StlGh�N224UUUUb/ 5. Permitted uses are limited to: • Commercial Kitchen, Catering PGC• Restaurant • Food Market • Retail Nursery • Retail Sales, General 6. A minimum 20-foot-wide public access easement shall be provided PGC along the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. upk 7• Significant trees shown on the concept plan shall be permanently retained. 8. The driveway access stub shown on the northern boundary of the PGC concept plan shall be an all-weather surface extended to the property line to allow for future interconnectivity. :G 9. The platform shall be enclosed on three sides and with a roof so as to PGCdirect music eastward toward Biggers Market and not west toward Sellars Cove. 01 10. All music will cease by 10 PM, seven (7) days a week. 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. Polly Greene Cribb Estate Applicant/Owner Name (Print) Authesu�: Alynti6reehe CttA Este Applicant/Owner Signature 01 /09/25 01 /09/25 Date Wtnentisign ID: 9hFb34Ut--UdUL-th11-8but-- UZZ46Z99US/ EXHIBIT A Agreement of Conditions of Approval for Conditional Zoning Map Amendment Case Number: Z24-14 Applicant: Cindee Wolf, Design Solutions Property Owner(s): Polly Cribb and Shirley Norris Request by Cindee Wolf with Design Solutions, applicant, on behalf of Polly Cribb and Shirley Norris, property owners, to rezone approximately 2.67 acres Request: located at 6208, 6216, and 6218 Carolina Beach Road from the R-15, Residential and the B-2, Regional Business districts to (CZD) B-2 for the use of Retail Sales, General fora grocery store, and other limited uses. 1, Shirley Norris 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: 1. Conditions) Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along JJIV the rear boundary within the 35-foot setback in addition to the JJ required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear JJIV setback except maintenance and any future pedestrian access that jj may be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure JJIV 5.5.4.0 Full Cut-off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. \ulnentislgn IU: 9tF534UF-L)bW-1=F11-t;bL;r-UUGL4tSZ99U5/ 5. Permitted uses are limited to: • Commercial Kitchen, Catering 15W] • Restaurant • Food Market • Retail Nursery • Retail Sales, General �along If 6. A minimum 20-foot-wide public access easement shall be provided the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. 7. Significant trees shown on the concept plan shall be permanently JJIV retained. 8. The driveway access stub shown on the northern boundary of the concept plan shall be an all-weather surface extended to the property j line to allow for future interconnectivity. 9. The platform shall be enclosed on three sides and with a roof so as to direct music eastward toward Biggers Market and not west toward JJIV JJ'V Sellars Cove. J/►IV 10. All music will cease by 10 PM, seven (7) days a week. 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. Shirley Norris Applicant/Owner Name (Print) [AuthentiswW �;rley S' Norr;s Applicant/Owner Signature 01 /14/25 Date Site Inventory Notes ,. bAclw(0.urc�um!Ih Gk'MHrn rquytM,mn hr<bxnbamttr m(wmrn: urdl !inrtm<, xsMrnn an-1w„r<r fares x. rhl.Pgcryn wtlmW �hany AfC T. n,ert,y,rtf al.vmnl n;lbnJ,.-n,he ur. a Thert art roCamenrt.+r o.<'�'buMa:+ a n,n<n m<,rdow-.,fod-nMcN rc:le,. aikknu Ml,vrq.<ry. habiul n•uc on M<,rtr. .. mnNkn :kd Mare a"ad s mxm-�I._rmrvx, M, k« Iav,�,Hm� s. Nn cmerx mrt eMend on Mc,ree. ,n. Theme nmokwtl h., rnwde Nnner«k mtmallml an,mm bm M<oxre,. plHr. .e,-X Aassfl<d won I Sellars4Cove Por, ru con uo CON, LLC j w�rc Enterp ises zom�y vm I PI^teble _ I,a�a mn,k Lcan e:e�ty Eliza Atanhburn �M GIs Pn s;xoo,a .Wru,l 7170 _-_ , I� A l 1 I g x l/ I I Q ? , g •, �� .. PP*II}{ I Vill Sellars Cove �i iiI ��— /� / � nal ••.- I I---___-t- I I � I 4 I. l COA, LLC [� r I.,.. 4;900 I I 1 zeoy Lczmclo I I I� `` I. ,. ___-_ I I--i� / r1 I II LJ POYcb y I I I l ,\ _ .] � ❑,v -= r -- _ _ _ 1 - -" ,I ,J 11 •Fnhan.-I<d 7 {? _ , _n 105e4 (/�; / 11 I�d.TYPc u_ lip/ -�� -,I r> 4 i 1 5 7 pdy I (�/`�� I _ a IL- -•- I-F_-_a / :I II 1, 1 •' I L--- J __l 'r --__I -1 \I +..✓��..I.� m��l t 9 J _______�� I i•. L-,V __.' � �' � � A r---" I Y ;1 Gnnnealon — — i --- — -- - 11 -- — ----T y ' I•." I l-_ ------------ -—"-- - (Pr\3te Drive) ndoclub Drive Co _._- � � I I I Ha. eo. Tus Wilw.ina.. NOC a0.sao< T. Design Solutions 5ellan Cwe COA. LLC 2;x_ a-vrW:(yl CERTIFICATE OF APPROVAL NEW �`7 D 0 OMMI ERS .,.. DATE CHAIRP RSON Port City Prod- Stores, L.L.C. 6250 Market Street W[lminyton, NC 28405 Vicinity MAP — 1. I R RPmervd„ un Notes: t I nr./venwnlvm,x mrequnN pu, I 1 .lordanrg t•h,a.{m,nS,ox m,md<,n..s +md os von avmy� I v ��indbz+,n �]I le - n I , vremattl,mo, o.<ch !cart l�nrkd M. Mc vmu:non(n.+rw Ia. Mr_tA Prq. �Unt 4a^3ard� n�.4ro�r, uMmo-�.mh^.,, IA.urt«+e alN r9reM-h�.d, mn m,6«Prnh.YN, 4. L,M PIVIK,A<. ,nM u,m,uk Ppsgc<cryfD Ilrk,.keR oat b.i av:.l yr,rt,. rn Mtlr emlr�h Ik:u,<M ��_c v�vswnAru ronot E.,s...` IStonnwatc.'Nana9cn,cnt Note I ,. swnmatu man,aen<eh.nll m,:t�mrrsax rcyu rcma n. I I m,bA dUM1.,Mmx,2 genL..Mx, .ad�w / f,<,n� corn,ol Pmmkw,ll a mYa Ge,:.,I] Development Note: 1. All dawbvmcn< a,allb nazr.�bn h deNrnW,ra-. Caur,k.2a:'rwurl rare. 1. vr.,<39 tll s,.rpy w,M,ll fNc„I Sqk A fie. wm.e. Cn, ny y 4M k P,,Ilmloa,y DIv lopmmt Dap Pm1 x ae La rnt.n,a, cnnFl An,. 15400at._ ashy. H<yh arc-awy/xsz ,Pxn P-,lvo, ,'aw Gmc k'.Nib- N,ylx loin- n.Lw,<Rz •..uoe-All uwrrh�a�, •IwmN+: Ilyhww ',I�b<b-,k! aaMs,l,,w.�rm,I popM General Nntrr Nn.IWwuCa my +' IRMiOJ OOI OIJ-JWl N �1 b C�irvaW,vd! I 1 x x. nhvzd Lm M �ZC161 N E Cw<mvunNy s � IIIIIIIIII� Property Addres-, 6208, 6216 & 6218 Carolina Beach Road Conditional Zoning District Concept Plan Biggers Market South Case RZ24- I Federal Point Township / Newhlanover County / North Carolina