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HomeMy WebLinkAboutZ17-10 Signed Order and Site PlanAN 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: Z17-10 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 B-1, Business District, and R-15, Residential District, and placing it in a (CZD) B-2, Conditional Highway Business District, said land consisting of 7.27 acres and being described legally as follows: Beginning at a point in the eastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160 public right-of-way; said point being the southwest corner of "Tract 1 —Thomas Whitfield Tract," recorded among the land records of the New Hanover County Registry in Map Book 6, at Page 103; and running thence: South 63°35'00" East, 950.00 feet to a point; thence South 26°28'00" West, 165.26 feet to a point; thence North 63°32'00" West, 153.84 feet to a point; thence South 26°28'00" West, 250.00 feet to a point; thence North 63°32'00" West, 400.00 feet to a point; thence North 29'29'00" East, 104.00 feet to a point; thence North 63°32'00" West, 418.00 feet to a point in the eastern boundary of Carolina Beach Road; thence with that right-of-way, North 29°29'00" East, 311.00 feet to the point and place of beginning, containing 7.27 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 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed.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. Z17-10 Order Page 1 Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-341 that the zoning map amendment of approximately 7.27 acres of land from B-1, Business District, and R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, is: Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal will support business success and expand commercial services to surrounding residents. Reasonable and in the public interest because the proposal will allow for the expansion of businesses that have provided commercial services to the surrounding residents. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 55.3 and 52.2 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: 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; and any additional conditions hereinafter stated: 1. The building materials retail use (Discount House) shall be limited to the below hours of operation. No deliveries to the warehouse shall occur outside of the listed hours. a. Monday -Friday i. 7:OOam to 6:OOpm b. Saturday i. 9:OOam to 3:OOpm c. Sunday i. Closed Z17-10 Order Page 2 2. A 20-foot wide easement shall be dedicated to the County along Carolina Beach Road for the purposes of installing a future multi -use path in accordance with the Wilmington/NHC Comprehensive Greenway Plan. 3. Land uses of the existing and proposed buildings shall be limited to those indicated on the site plan. Adopted the 2-` day of October, 2017. U� Woody White, Giairman Attest: K4MO�� K Crowell, Clerk to the Board Z17-10 Order Page 3 0 ntf Allen * Lynn Masterson Site Inventory Notes: 1. Sods: Kr (Kureb sand), Le ;Leon sand), Mu (Murvdle fine sand) * Pm (Pamlico muck). 2. This property is not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. There are no significant trees within the development area. A detailed survey of all regulated trees will be completed during the detailed design * permitting process. 7. There are no jurisdictional wetlands on the site. 8. There is no evidence of endangered species or habitat issues on the site. 9. This tract is not impacted by any Special Flood Hazard / D.B. 52 18- 138 S Area as evidenced on N.C. Flood Map 37203 1 34000J. / a p ` 10. The site runoff will flow into the Mott5 Creek Zoning District: �//�'� watershed, draining into the Cape Fear River, into (CZD) 5-1 S C� 1 Land Use: Retail SC classified waters. • / U / / ® % o E"• / Z Stephen Barbara � / o Pvmt. / Ex. i Alexander Dinkins ® / 5,320 s.f.± / D.B. 27G4-585 �G®I Ex. Retail /- � /r \ D.B. 5249-765 pIJ " J • / / Offices / \ Zoning District: R 15 b�/C Zoning District: R 15 f JEx. Land Use: Vacant Land Use: Residential / 0/7/m Clyde * Barbara prose Ex. Stock Dinkins �' Display D.B. 5 1 53-1047 110 Zoning District: R-1 5 c7gc' vmt. / Land Use: Residential 6y \.IV\ \\�� \�� I�11 I i / �y for tea/ EX. n1f Ex. /Pvmt.--• \ ` pr I / 15,G40 s.f.± Melvin ane /�c�4e // Ex. Stock T Johnson etal e -' J / Warehousing __7 ,9s00 56,3° D.B.3598-947 % 11 Ex. bo 5,5GO 5.f.± // \ \� Emt. \ \ / // // \ \ ®® Land U District: Pse:Residential •� Ex. Retail-� �� qCC Offices C \ e �\ L / / �• Potential Parking \ S.S Expansion if any new use 8000 5.f.± / \ / rea's. add']. spaces \ S' i/} 7t• \ \ /� / / EX. Stock > / • Warehou5mg /� / rill / \� / / / / // \ 3p,S /492 3 / Allen Lynn 20' Pedestrian # _ Non -Vehicular Access J / l \ / / / / \ etba ® ® n Masterson Emult for Future // // \ \ F/8� off!) D.B. 2003-1040 / Multi -use Path /� \/ 1' S3°3200 // `� Jl // /r \ \ // ��// \\�arci Zoning District: R-1 5 Land Use: Vacant / n/f Ex. G,2505.f.± rJf ® Steven Flex Space /7 Proposed / Stormwater e / Louls / Green / New Asnhait ao�/ Pond e \ / Hassel D.B. 6075-084 4/8. p0 Pvmt. �"/ D.B. 1839- m Zoning District: R-1 5`J,{ �ry Zonin� Distrcv � Land Use: Vacant \ \ �:�; m2y � � �o la Use / Internal Loading \ \ \ .`c3/CO IV I Dock cUC° Proposed z Vicinity Map (No Scale) Utility Notes: 1. Existing water service 15 available from the Cape Fear Public Utility Authority. Sewer for existing buildings is by private septic system. Proposed building would not have restroom facilities. 2. All utility services, such as electric power, CAN, gas * telephone shall be installed underground. Tree Preservation Notes: 1. Tree Preservation / Removal Permit is required prior to clearing � land disturbance. 2. Prior to any clearmej, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing is to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. Stormwater Management Notes: 1. Stormwater management will meet County �- State requirements. Total limits of disturbance are greater than one (1) acre. A New Hanover Co. Gradmg / Erosion Control Permit will be req'd. General Development Notes: 1. All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State New Hanover County regulations. Note: All existing Discount House buildings to remain j o Proposed VVarehou5e_ ��,i/� ZOnln in use as Retail Building Materials Sales. Max.MaxBid g• o' 9 (** No Customer Access **) Hgt. = 15' ti� Boundary \ \ Condition: / G Miller properties to expand list of permitted uses to: Deliveries limited tox ® \ regular business boors Mon -Fri•. 7:00 a.m. -'G:00 p.m. (� ' Limited Uses that are alreadyAdditional Uses permitted \, No Deliveries on sat. or sun. co p 38/ `� °N CERTIFBCI� E ® i$ permitted In the existing 5-1 District: in a 5-2 District: 40 Set6ac� ryc0 NEW H to _I; eou OF OM SIO E O 0 /B �;'/c) ' I . Kennels I . General Building / Contractor �'�eryard \\ \ G. ac.± to 0 ER ,17 } SO 2. Veterinarles 2. General Contractor `'_' remain R- 15 DA CHAIRP 3. Automobile Service Station 3. Landscaping Contractor 4. General Merchandise 4. Special Trade Contractor ® '° 5. Handcrafting Small Articles 5. Automobile Dealers * Truck Sales n/f err ' G. Hardware G. Boat DealerOHI Asset NC s �. 7. Miscellaneous Retail 7. Building Wilmington, L.L.C. Material � Garden D.B. 5952-2134 8. Barber / Beauty Shop Supplies 9. Business Services 8. Automobile / Boat Repair Sales Zoning District: R-15 10. Personal Services 9. Automobile Rentals Land Use: Nursmg Home 1 I . Watch, Clock * Jewelry Repair ti 12. Business Professional Offlces NG,3 _� General Notes: 3200„ W I . New Hanover County Parcel Nos.: 3 13418.40. 14G5 (5703 CBch Rd) 3 13418.40.430E (571 1 CBch Rd) Mf 3 13418.40.5 179 (5713 CBch Rd) Hoosier p/o 3 13418.40.G I G3 (5713 CBch Rd) 313418.40.41 21 (5717 CBch Rd) 0 Daddy, L.L.C. 313415.40. 1350 (5719 CBch Rd) / /32 /9 R ° D.B. 5836- 1392 2. Total Rezoning Tract Area: 7.27 ac.± ota� N Zoning District: R-1 5 Land Use: Vacant 3. Existing Zoning District: 5-1 4� R-15 Proposed Zoning District: (CZD) B-2 PropC15ed Development Data: ` 4. 20OG CAMA Land Classification: Transition ' ` 0 Proposed Land Use: Warehouse / 5. Comp Plan Place Type: Urban Mixed -Use Total Bldg. Area: 30,000 s.f.± 'te�nneri'onr ` Bldg. Hgt.: One-story / 18' CARpW e ............. • .•••. .. ® " 5 spaces proVa. "" - Preliminary locations of site light posts. ` Graphic Scale °•O� o� Site lighting service will be contracted _ New Impervious Surfaces - throw h the local power utility company. 9 p ti p Y 60 40 20 O 30 60 120 S • WQ = New PavemeNew nt - 20,008 s.f.± Total - Q 50,755 5.f.± ' Note - All security and decorative lighting shall be located so as not to shine or reflect • • y directly onto any adjacent residential property. Property Addresses: 5709, 571 1, 5713, 5717 5757 Carolina Beach Road P.O. SoX 722.1 Project No.: Owners: Wilmington, NC 28406 y 17-37 Allen * Lynn Masterson 5heet No. '' sale: P.O. Box Conditional Zoning ®15trict Tel. e10-6zo z374 I = 6o 2 Kure Beach, NC 8449 M aste rs On & Miller Date: � .08/08/17 Concept plan Rev sons: oai29n7for Stephen * James Miller eta) //�� ® //�� ®4' rC I 6t I C 0 ® mist. updates 301 Raleigh St., Unit 10 I Of Gis/ �+/ 8 09/19/17for Wilminentnn NC' 2A41 2