Title
Ordinance Amending the Official Zoning Maps of the City to Rezone Property Containing 0.698 of an Acre of Land Located at 6132 Bailey Buck Road from R-15, Moderate-density Single-Dwelling District to R-10(CD), Medium-density Single Dwelling (Conditional District) for a Two-lot Single-Dwelling Residential Development (CD-14-124)
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, NCGS §§160D-102, 160D-108(d), 160D-603, and 160D-702 authorize local governments to change or modify zoning boundaries within their jurisdiction; and,
WHEREAS, the amendment set out below is made in accordance with NCGS §160D-601, and Article 7, Divisions 1 and 2, of the Wilmington Land Development Code (“LDC”).
THEREFORE, BE IT ORDAINED:
SECTION 1: The official zoning maps of the City of Wilmington are hereby amended by removing the hereinafter described tract of land from its present R-15 Moderate-density single-dwelling district and assigning it a new R-10(CD), Medium-density single-dwelling (Conditional District) designation, said tract being more particularly described as follows:
Legal Description for
Conditional District Rezoning of
6132 Bailey Buck Road
Beginning at a point in the southern boundary of Bailey Buck Road, a 30’ public right-of-way; said road dedicated on a plat recorded in the New Hanover County Registry in Map Book 5, at Page 40; said point being located westerly along that southern boundary 400.00 feet from its intersection with the western boundary of Greenville Loop Road, a 60’ public right-of-way; and running thence from the point of beginning:
South 03°30’00” East, 329.85 feet to a point; thence
North 65°16’33” West, 114.43 feet to a point; thence
North 03°19’45” West, 275.75 feet to a point in the southern boundary of Bailey Buck Road; thence with that right-of-way,
North 86°30’42” East, 100.00 feet to the point and place of beginning, containing 30,416 square-feet, or 0.698 acres, more or less.
SECTION 2: The following rules, regulations, and conditions shall apply to the property described in this ordinance:
1. The use and development of the subject property shall comply with all regulations and requirements imposed by the LDC, the City of Wilmington Technical Standards and Specifications Manual, and any other applicable federal, state, or local law, ordinance, or regulation, as well as any condition stated below. In the event of a conflict, the more stringent requirement or higher standard shall apply.
2. Approval of this conditional district rezoning does not constitute technical approval of the site plan. Final approval by the Technical Review Committee and the issuance of all required permits must occur prior to release of the project for construction.
3. If, for any reason, any condition for approval is found to be illegal or invalid, or if the applicant should fail to accept any condition following approval, the approval of the site plan for the district shall be null and void and of no effect, and proceedings shall be instituted to rezone the property to its previous zoning classification.
4. The use and development of the subject property shall be in substantial compliance with the site plan, as submitted and accepted by City Council on February 6, 2024.
5. Any significant and specimen trees located outside of the building footprint and essential site improvements must be protected and retained.
SECTION 3: The City Clerk and the Planning Director are hereby authorized and directed under the supervision of the City Manager to change the Zoning Maps on file in the office of the City Clerk and the Planning Department, to conform with this ordinance.
SECTION 4: Any person violating the provisions of this ordinance, including the approved site plan, shall be subject to the penalties set forth in Section 18-648 of the LDC.
SECTION 5: Any prior rezoning related to this property that is in conflict with this ordinance is hereby repealed, to the extent of such conflict.
SECTION 6: If any section, subsection, paragraph, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable, and such holding shall not affect the validity of the remaining portions hereof.
SECTION 7: This ordinance shall be effective upon its adoption by City Council, and the City’s receipt of written acceptance by the Applicant of all conditions adopted by the City.