Title
Ordinance Amending the Official Zoning Maps of the City to Rezone Property Containing 0.374 of an Acre of Land Located at 1124 Floral Parkway from O&I(CD), Office and Institutional District (Conditional District) and O&I, Office & Institutional District to O&I(CD), Office and Institutional District (Conditional District) for a Commercial District Mixed Use (CDMU) Development
(CD-4-604-M324)
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 the present O&I(CD), Office and Institutional District (Conditional District) and O&I, Office & Institutional District to O&I(CD), Office and Institutional District (Conditional District), said tract being more particularly described as follows:
Legal Description for
Conditional District Rezoning of
1124 Floral Parkway
Beginning at a point in the southwestern boundary of Garden Avenue, a 45’ public right-of-way; said point being located North 57°45’00” West, 200.00 feet from its intersection with the northwestern boundary of Floral Parkway, an 80’ public right-of-way; and running thence:
South 32°15’00” West, 105.00 feet to a point; thence
North 57°45’00” West, 5.00 feet to a point; thence
South 32°15’00” West, 105.00 feet to a point at the end of the northeastern boundary of
Cherry Avenue, a 45’ public right-of-way; thence
North 57°45’00” West, 75.00 feet to a point; thence
North 32°15’00” East, 210.00 feet to a point in the southwestern boundary of Garden Avenue; thence with that right-of-way,
South 57°45’00” East, 80.00 feet to the point and place of beginning, containing 16,275 square feet, or 0.374 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 April 2, 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 both its adoption by City Council, and the City’s receipt of written acceptance by the Applicant of all conditions adopted by the City.