Title
Ordinance Amending the Official Zoning Maps of the City to Rezone Property Containing 0.61 of an Acre of Land Located at 101 & 105 E. Westwood Drive from MH, Manufactured Housing District to R-5(CD), Medium-density Mixed Residential District (Conditional District) for a Four-lot Single-dwelling Residential Development (CD-15-124)
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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 the present MH, Manufactured Housing district to a new R-5(CD), Medium-density Mixed Residential District (Conditional District) classification, said tract being more particularly described as follows:
Legal Description for Conditional Rezoning of
101 & 105 E. Westwood Drive
Beginning at a point at the intersection of northeastern boundary of E. Westwood Drive, a public right-of-way, with the eastern boundary of Military Cutoff Road, a public right-of-way; and running thence with the Military Cutoff Road right-of-way:
North 02°25’33” East, 176.90 feet to a point; thence
North 06°26’28” East, 3.22 feet to a point; thence
South 52°20’00” East, 232.36 feet to a point; thence
South 37°40’00” West, 147.19 feet to a point; in the E. Westwood boundary; thence
with that right-of-way,
North 52°21’10” West, 128.62 feet to the point and place of beginning, containing 26,592 square feet, or 0.61 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 City staff 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. All trees identified on the plan and proposed to be retained 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 its adoption by City Council, and the City’s receipt of written acceptance by the Applicant of all conditions adopted by the City.