Title
Ordinance Amending the Official Zoning Maps of the City of Wilmington to Rezone Property Containing 0.46 of an Acre Located at 219 & 229 S. College Road from RB (CD), Regional Business (Conditional District) to RB, Regional Business
(Z-9-624)
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 City of Wilmington Land Development Code (“LDC”).
THEREFORE, BE IT ORDAINED:
SECTION 1: The official zoning maps of the City are hereby amended by removing the hereinafter described property from the present RB (CD), Regional Business (Conditional District) and putting it into the RB, Regional Business district, said property being more particularly described as follows:
Beginning at an existing iron pipe located and identified as the northwestern corner of the intersection of Oriole Drive (60 foot right-of-way) and Government Center Drive, formerly Market Place Drive (60 foot right-of-way), said point being further identified as the southeastern corner of Lot 1, Section 1-A of College Acres Subdivision, as the same appears in Map Book 8 at Page 79 of the New Hanover County Registry; continuing thence from said point of Beginning north 79 degrees 59 minutes 00 seconds west 100.00 feet to an existing iron pipe in the northern right-of-way line of Oriole Drive; continuing thence north 19 degrees 01 minutes 00 seconds east 200.00 feet to an existing iron pipe; continuing thence south 79 degrees 59 minutes 00 seconds east 100.00 feet to an existing iron pipe in the western right-of-way line of Government Center Drive, formerly Market Place Drive; continuing thence south 19 degrees 01 minutes 00 seconds west 200.00 feet to the place and point of BEGINNING, the same being all of Lot 1, Section 1-A of College Acres Subdivision, as the same appears in Map Book 8 at Page 79 of the New Hanover County Registry, reference to which map is hereby made for a more particular description thereof. BEING also the same property surveyed by Stuart Y. Benson & Associates, R.L.S. on May 7, 1997, and being also the same property identified in a deed to Neuwirth Realty, a N.C. General Partnership, dated May 14, 1997, and recorded on May 15, 1997 in Book 2181 at Page 371 of the New Hanover County Register of Deeds Office, North Carolina.
SECTION 2: The City is authorized to change the zoning maps on file in the office of the City Clerk so as to make them comply with this ordinance.
SECTION 3: Any person violating the provisions of this ordinance shall be subject to the penalties set forth in Section 18-648 of the LDC.
SECTION 4: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 5: 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 6: This ordinance shall be effective immediately upon its adoption.