HomeMy WebLinkAboutZ17-05 OrderAN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE OFFICIAL ZONING MAP
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 1, 1985 respectively and subsequently amended
CASE: Z17-05
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-15, Residential District, and placing it in a (CZD) B-2, Conditional Highway
Business District, said land consisting of 3.16 acres and being described legally as follows:
North 06022'44"
East, 166.17 feet to a point; thence
North 06025'55"
East, 124.55 feet to a point; thence
North 06022'30"
East, 171.60 feet to a point; thence
South 83041'15"
East, 190.14 feet to a point; thence
South 83041'15"
East, 165.04 feet to a point; thence
South 83035'58"
East, 165.00 feet to a point in the western boundary of Castle
Hayne Road (U.S. Hwy. 117), a variable width public right-of-way; thence with
that right-of-way,
South 13055'08"
West, 136.61 feet to a point; thence
South 20052'55"
West, 100.00 feet to a point; thence
South 22042'55"
West, 49.95 feet to a point; thence
South 22043'02"
West, 50.03 feet to a point; thence
South 23001'27"
West, 99.97 feet to a point at the intersection of Castle Hayne
Road with Garden
Place Drive; thence with the Garden Place Drive right-of-way,
South 87048'28" West, 258.40 feet to the point and place of beginning,
containing 3.16 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of such conflict, is hereby repealed.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.
Z17-05 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 3.16 acres of land from 0&I, Office and
Institutional District, to (CZD) B-2, Conditional Highway Business District, is:
Consistent with the purposes and intent of the 2016 Comprehensive Plan because
the proposal contributes to the mixture of uses encouraged within the Community
Mixed Use place type.
Reasonable and in the public interest because the proposed development would
locate a light intensity nonresidential use along a major road corridor and serve as
a transition to the adjacent residential zoning.
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 and all other state, federal and local rules.
Adopted the 215t day of August, 2017. r, l n n
Woody White, Chairman
Attest:
*KCrowell, Clerk to the Board
Z17-05 Order Page 2