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Ordinance Amending the Official Zoning Maps of the City of Wilmington to Rezone Property Located at 203 52nd Street from R-10, Medium-Density Single-Dwelling District to R-5, Medium-Density Mixed Residential District (Z-7-424)
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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 City of 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 property from the present R-10, Medium-density Single-dwelling District and putting it into the R-5, Medium-density Mixed Residential District classification, said property being more particularly described as follows:
Beginning at a point in the eastern boundary of Fifty-Second Street (formerly known as
Pinecrest Drive), a 30’ public right-of-way; said point being at the southwestern corner of “Lot 55 - Avondale”, a subdivision recorded among the land records of the New Hanover County Registry in Map Book 4, at Page 36; and running thence from the point of beginning with the 52nd Street right-of-way:
North 10°30’ East, 128.00 feet to a point at a chamfer to the intersection with Mulberry Avenue, a 30’ public right-of-way; thence with that chamfer,
North 55°30’ East, 31.11 feet to the southern boundary of Mulberry Avenue; thence with
that right-of-way,
South 79°30’ East, 78.00 feet to a point; thence
South 10°30’ West, 150.00 feet to a point; thence
North 79°30’ West, 100.00 feet to the eastern boundary of 52nd Street, the point and place of beginning, containing 14,758 square feet, 0.339 acres, more or less.
Being also described as all of Lots 55 through 58 of Avondale, less and excepting a triangle of land at the intersection of Pinecrest Drive (now known as 52nd Street) and Mulberry Avenue, on said plat, and deeded to the City of Wilmington in Deed Book 1512, at Page 247.
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.