HomeMy WebLinkAboutZ19-09 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: Z19-09
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-15, Residential District, and B-2, Highway Business District, and placing it
in a UMXZ, Urban Mixed Use Zoning District, said land consisting of 12.3 acres and being described
legally as follows:
Being all that tract or parcel of land lying in Cape Fear Township, New Hanover
County, State of North Carolina being all or portions of lands recorded in deed
book 1493, page 1768, deed book 5183, page 277, and deed book 5136, page
1331 in the New Hanover County Register of Deeds, located on the western
margin of U.S. 117 N.C. 133 Castle Hayne Road, being a 100' right of way, map
book 32, page 259; said parcel being more particularly described as follows:
Beginning at an iron pipe found located on the western margin of Castle Hayne
Road and the most southeastern corner of Ennis Edmin I Jr Etal, deed book 5136,
page 1331, thence South 02°20'27" East a distance of 274.99' to a PK found;
Thence continuing along the western margin of Castle Hayne Road, South
04°34'47" West a distance of 50.35' to an iron rod set, being South 87°36'57"
West a distance of 2.45' away from an iron pipe found;
Thence along the northern and western boundary of Filippini Family LTD PTNRP,
deed book 4201, page 752, the following two (2) courses
South 87'36'57" West a distance of 267.06' to an iron rod found;
South 16°56'21" West a distance of 123.18' to an iron pipe found;
Thence along the western boundary of Espinosa Maradiaga Bessy L, deed book
5989, page 1469, South 17°02'59" West a distance of 134.98' to an iron pipe
found;
Thence along the northern boundary of Chadwick Acres, map book 5, page 100,
North 86°33'32" West a distance of 457.88' to an iron pipe found;
Thence along the eastern boundary of Clearly Development Inc, deed book 5813,
page 201, the following five (5) courses
North 19°57'15" West a distance of 412.30' to an iron pipe found;
South 87°21'16" West a distance of 100.48' to an iron rod set;
North 08°14'37" West a distance of 212.87' to an iron rod set;
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North 81°45'56" East a distance of 99.59' to an iron rod set;
North 81*47'45" East a distance of 171.99' to an iron pipe found;
Thence along the southern boundary of Wrightsboro Plaza, deed book 1592, page
934, North 81°45'33" East a distance of 550.31' to an iron rod set;
Thence along the western and southern boundary of said Ennis Edmin I Jr Etal,
the following two (2) courses
South 02°29'10" East a distance of 167.47' to an iron rod found;
North 87°27'21" East a distance of 250.06' to an iron pipe found being the point
of beginning.
Having an area of 534,683 square feet or 12.275 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 153A-341
that the zoning map amendment of approximately 12.3 acres of land from R-15, Residential
District, and B-2, Highway Business District, to UMXZ, Urban Mixed Use Zoning District, is:
Consistent with the purposes and intent of the Comprehensive Plan because the proposal
provides an orderly transition of uses from higher intensity to lower intensity areas,
provides for a range of housing types, and allows for future residents' convenient access
to basic goods and services. The County Commissioners also find approval of the rezoning
request is reasonable and in the public interest because the proposal would benefit the
Wrightsboro community by providing diverse housing options, by increasing the customer
base to support area businesses, and by allowing for more pedestrian -oriented travel.
Section 6. The County Commissioners find that all of the specific requirements set forth in
Sections 55.3 and 54.4 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 URBAN MIXED USE
ZONING DISTRICT BE GRANTED subject to the following conditions:
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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 112 of the zoning ordinance.
Section 7. In accordance with Section 55.3-6 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
Ordinance for the proposed use; all other state, federal and local rules.
Adopted the 215t day of October, 2019.
Attest:
Kynorowell, Clerk to the Board
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