Title
Ordinance Amending the Official Zoning Maps of the City to Rezone Property Containing 2.39 Acres of Land Located at 1320 Independence Boulevard from R-15,
Moderate-density single-dwelling district to MD-17(CD), High-density multiple-dwelling residential district (Conditional District) for a Multiple-dwelling Development (CD-21-624)
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, N.C.G.S. §§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 N.C.G.S. §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 the present R-15, Moderate-density single-dwelling district to a new MD-17(CD), High-density multiple-dwelling residential district (Conditional District), said tract being more particularly described as follows:
Legal Description for Conditional Rezoning of
1320 Independence Boulevard
Beginning at a point at the northern right of way of Oleander Drive (100’ public right of way) at the intersection of the western right of way of Independence Boulevard (variable width public right of way):
Proceed from said point of beginning and with the northern right of way of Oleander Drive N 57°20’01” W a distance of 133.42’ to a point, thence leaving said right of way and with the eastern line of a 15’ Alley shown on Map Book 3, Page 2, N 32°42’05” E a distance of 625.68’ to a point; thence
Leaving said eastern line of the 15’ Alley and with the southern line of the Adam David tract (Book 5407, Page 737) S 57°21’22” E a distance of 175.08’ to a point on the western right of way of Independence Boulevard S 32°42’15” W a distance of 239.34’ to a point; thence
S 38°05’24” W a distance of 179.89’ to a point; thence S 32°42’15” W a distance of 166.37’ to a point; thence
S 63°50’27” W a distance of 47.87’ to a point of beginning and containing 2.39 acres.
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, excluding any references to commercial components, and elevations as submitted and accepted by City Council on August 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 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 both its adoption by City Council, and the City’s receipt of written acceptance by the Applicant of all conditions adopted by the City.