Title
Ordinance Amending the Official Zoning Maps of the City to Rezone Property Containing 5.82 Acres of Land Located at 6120 Oleander Drive from CB(CD), Community Business (Conditional District) to O&I(CD), Office and Institutional (Conditional District) for a Mixed-use Development, Consisting of 178 Dwelling Units and 20,700 Square Feet of Office and Commercial Space
(CD-8-723)
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 tracts of land from the present, CB(CD), Community Business (Conditional District) to O&I (CD), Office and Institutional (Conditional District), said tracts being more particularly described as follows:
Legal Description for
Conditional District Rezoning of
6120 Oleander Drive
Beginning at an existing iron pipe in the Southern line of Oleander Drive (US Hwy 76, 100’ R/W), said pipe being a common corner with the Springer Eubank Tract, running thence with said common line South 10° 23’ 59” East a distance of 176.10 feet to an existing iron pipe, thence North 86° 12’ 01” East a distance of 200.00 feet to an existing iron pipe in the Western line of Greenville Loop Road (60’ R/W), said iron pipe being Springer Eubank’s South Eastern corner; thence North 58° 40’ 14” East a distance of 67.74 feet to a pint in the Eastern Line of Greenville Loop Road to an existing iron pipe, said iron pipe being the South Western corner of Lot 1 in Section A of Greenville Terrace Estates; thence South 03° 43’ 59” East a distance of 318.37 feet along the Eastern right of way of Greenville Loop Road to the point of intersection of the Southern right of way of Richard Bradley Drive; thence South 86° 16’ 01” West a distance of 373.01 feet to a point, said point being the beginning of a curve to the left; thence with said curve to the left having a radius of 30.0 feet to a point on a chord running South 62° 10’ 20” West a distance of 24.49’ said point being the beginning of a curve to the right; thence with said curve to the right having a radius of 60’ to a point on a chord running North 86° 37’ 34” West a distance of 98.65 feet; thence North 60° 39’ 42” West a distance of 286.67 feet to a point on the Eastern property line of Lots 134 & 135 of the Lands of the Suburban Lands Company as shown on Map Book 2, page 31, of the New Hanover County Registry, thence North 28° 55’ 30” East a distance of 10.13 feet to an existing iron pipe, said iron pipe being the Southeastern corner of Lots 130-133 of the lands of the Suburban Land Company as shown on Map Book 2, page 31, of the New Hanover County Registry, currently the Seagate Fire Department; thence with said common property line North 29° 20’ 18” East a distance of 199.87 feet to an existing iron pipe, said iron pipe being the Northeastern corner of said Lots 130-133 of the lands of the Suburban Land Company, currently the Seagate Fire Department; thence with said common property line North 60° 39’ 42” West a distance of 193.48 to a point in the Eastern right of way line of Bagley Avenue (30’ R/W); thence with said right of way North 29° 13’ 01” East a distance of 3.40 feet to an existing iron pipe in the southern line of Oleander Drive (US Hwy 76, 100’ R/W), thence with said Southern line North 88° 25’ 30” East a distance of 219.77 feet to a point, said point being the beginning of a curve to the left; thence with said curve to the left having a radius of 1049.39 feet to the point of beginning, said beginning being North 80° 46’ 16” East a chord distance of 280.44 feet from the preceding point, containing 5.82 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 Land Development Code, 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 and elevations as submitted and accepted by City Council on February 20, 2024.
5. The proposed project shall be limited to a maximum of 178 dwelling units and a minimum of 20,700 square feet of office/commercial space.
6. The uses for the proposed commercial areas shall be limited to general business services, banks and financial institutions, restaurants, general retail, offices, and general personal services.
7. The open space area shall be improved and shall be in substantial compliance with the Open Space exhibit, Attachment 7, submitted by the applicant on August 11, 2023.
8. Requirements of an approved Traffic Impact Analysis (TIA), or traffic improvements otherwise required by the North Carolina Department of Transportation, Wilmington Metropolitan Planning Organization, and City of Wilmington Engineering Department, must be completed prior to receiving final zoning approval.
9. All new surface parking areas shall be of pervious material.
10. No less than twenty (20) parking spaces within Phase 2 shall be available for use by all owners and residents within the Summerwalk Development.
11. All regulated flowering trees and deciduous trees 10-inch caliper and below in size, targeted for removal, shall be spaded and relocated on site.
12. Project areas that are to incorporate xeric landscaping shall be clearly marked on the site plan with notes indicating such and a note stating that “All soil amendments and planting schedules shall be noted on the plan to properly verify the xeric landscaping techniques utilized” shall be included on all relevant plans. The developer shall consult with the Cooperative Extension Service for guidance.
13. No auxiliary signs or freestanding pole signs shall be permitted on this site. The freestanding sign shall be a monument sign that complies with the LDC and shall have landscaping at the base of the sign.
14. All construction traffic associated with the site shall access the site from Oleander Drive.
15. Perpetual maintenance and upkeep of the open space and stormwater management ponds shall be provided by an incorporated Homeowners Association or by the developer and/or owners of the property.
16. The project shall provide a minimum of 20 workforce housing units for a period of 15 years to be dispersed throughout the site. Of these 20 units, 10 units will be provided solely for the use of household units with income at or below 80% of the Wilmington Area Median Income (AMI), and 10 units will be provided solely for the use of household units at or below 60% of the Area Median Income (AMI).
17. An annual report must be submitted to the city establishing compliance with the affordable housing commitment.
18. All leases for affordable housing units will be the same as market rate units, with added information about yearly income verification and the process the lessee will follow if the individual or family’s income rises above the targeted Area Median Income (AMI).
19. A separate wait list must be maintained for the units targeting 80% and 60% Area Median Income (AMI).
20. Any significant and specimen trees located on site located outside of the building footprint and proposed access improvements must be protected and retained.
21. The applicant shall work with WAVE Transit to improve the existing stop to the west, located at the intersection of Giles and Oleander.
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 are 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.