Title
Ordinance Amending the Official Zoning Maps of the City to Rezone Property Containing 7.87 Acres of Land Located 516 & 520 Mosley Street from R-5, Medium-density Mixed Residential District to MD-10(CD), Medium-density Multiple-dwelling Residential District (Conditional District) for a 60-Unit Senior Housing Development
(CD-16-124)
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-5, Medium-density Mixed Residential District and designating it as a new MD-10(CD), Medium-density Multiple-dwelling Residential District (Conditional District), said tract being more particularly described as follows:
Bordeaux Tracts
PID: R04909-006-010-000
PID: R04909-006-001-001
7.87 Acres +/-
Commence at an existing iron pipe in casting located in the centerline of Prices Lane (Public R/W-width Varies) at its intersection with centerline of Mosley Street (Public R/W-width Varies) as shown on Gideon Heights, Section 1 and Section 2 as recorded at Map Book 50, Page 281, New Hanover County Registry; thence from said commence North 05 degrees 22 minutes 22 seconds West a distance 118.25 feet to a point located in the eastern R/W line of Mosley Street (Public R/W - Width Varies); said point being the Point of Beginning; thence from said Point of Beginning along and with the eastern R/W line of Mosley Street (Public R/W - Width Varies) North 00 degrees 02 minutes 02 seconds East a distance of 871.46 feet to point located in the run of Hurst or Branch Creek; thence along and with the Run of Hurst or Branch Creek the following courses and distances; North 68 degrees 18 minutes 21 seconds East a distance of 41.44 feet to a point; thence North 82 degrees 10 minutes 04 seconds East a distance of 42.95 feet to a point; thence South 79 degrees 58 minutes 57 seconds East a distance of 41.99 feet to a point; thence South 71 degrees 23 minutes 13 seconds East a distance of 62.64 feet to a point; thence South 70 degrees 19 minutes 20 seconds East a distance of 50.33 feet to a point located in the southern line of Brassfield Subdivision as shown and recorded at Map Book 34 Page 158, New Hanover County Registry; thence continuing along and with the run of Hurst or Branch Creek and the southern line of Brassfield Subdivision the following courses and distances; South 56 degrees 39 minutes 56 seconds East a distance of 100.00 feet to a point; thence South 82 degrees 06 minutes 26 seconds East a distance of 100.00 feet to a point; thence South 60 degrees 02 minutes 56 seconds East a distance of 335.20 feet to a point located in the centerline of and Old Road as shown on Map Book 2 Page 71, New Hanover County Registry; thence along and with the centerline of the Old Road the following courses and distances; South 63 degrees 47 minutes 32 seconds West a distance of 76.37 feet to a point; thence South 40 degrees 25 minutes 45 seconds West a distance of 282.81 feet to a point; thence South 49 degrees 56 minutes 49 seconds West a distance of 343.06 feet to a point; thence South 52 degrees 50 minutes 53 seconds West a distance of 236.11 feet to the Point of Beginning, containing 7.87 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 March 5, 2024.
5. All trees identified on the plan and proposed to be retained must be protected and retained.
6. Sixteen (16) units are to be provided at 30% of the area median income (“AMI”), 30 units at 60% of AMI, and 14 units at 80% of AMI, as determined annually by the U.S. Department of Housing and Urban Development, adjusted for household size.
7. The applicant shall provide upon request documentation indicating compliance with Condition #6 above.
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.