Title
Ordinance Amending the Official Zoning Map of the City to Rezone Property Containing 2.98 Acres of Land Located at 204 & 206 N. Kerr Avenue from R-5(CD), Medium-Density Mixed Residential (Conditional District) and O&I(CD), Office and Institutional (Conditional District) to R-5(CD), Medium-Density Mixed Residential (Conditional District) for a 30-Unit Townhome Development (CD-17-324)
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 R-5(CD), Medium-density Mixed Residential (Conditional District) and O&I(CD), Office and Institutional (Conditional District) to R-5(CD), Medium-density Mixed Residential (Conditional District), said tract being more particularly described as follows:
Legal Description for
Conditional District Rezoning of
204 & 206 N. Kerr Avenue
Beginning at a point in the eastern boundary of N. Kerr Avenue, a variable-width public right-of-way; said point being at the intersection with the chamfer of the southern boundary of Birchwood Drive, a variable-width public right-of-way; and running thence with the Birchwood right-of-way:
North 48°18’16” East, 81.20 feet to a point; thence
South 87°06’08” East, 440.27 feet to a point; thence
Along a curve to the right, having a Radius of 326.00 feet and Length of 320.93’, a Chord of South 47°24’34” East, 308.13 feet to a point; thence leaving the Birchwood right-of-way,
North 88°37’50” West, 118.19 feet to a point; thence
North 87°06’18” West, 616.92 feet to a point in the eastern boundary of N Kerr Avenue; thence with that right-of-way,
North 02°53’02” East, 100.00 feet; thence
North 02°46’15” East, 42.97 feet to the point and place of beginning, containing 129,881 square feet, or 2.98 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.