Title
Ordinance Amending the Official Zoning Maps of the City to Rezone Property Containing 6.56 Acres of Land Located at 507, 509, 515, 519, 525 and 529 S. Kerr Avenue from R-10, Medium-Density Single-Dwelling District, to MD-17(CD), High-Density Multiple-Dwelling Residential District (Conditional District) for a 184-unit Multi-Dwelling Development
(CD-3-824) [Land Use Action]
Body
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 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-10, Medium-density single-dwelling district and placing it into a new MD-17(CD), High-density multiple-dwelling residential district (Conditional District), said tract being more particularly described as follows:
Being all of those certain tract or parcel of land lying and being situate on the east side of Kerr Avenue in the City of Wilmington, North Carolina and being all of Lots 1 through 6 as shown in Map Book 4, Page 67 of the New Hanover County Register of Deeds, and being more particularly described as follows:
BEGINNING at an existing iron pipe, the southwest corner of Lot 6 where the northern margin of Kimberly Way and the eastern margin of Kerr Avenue intersect, said pipe also being located N 12°13'55" W -30.00' from an existing concrete monument in the centerline of Kimberly Way, and running thence from said pipe with the eastern margin of Kerr Avenue the following six (6) calls:
N 12°09'30" W- 99.95' to an existing iron pipe;
N 12°17'58" W- 99.87' to an existing iron pipe;
N 11°30'53" W- 99.71' to an existing iron rod;
N 12°59'58" W - 100.94' to an existing iron pipe;
N 12°16'52" W - 98.73' to an existing iron pipe;
N 12°07' 49" W - 100.42' to an existing iron pipe, the northwest corner of Lot 1;
Thence leaving the margin of Kerr Avenue and running with the line of the lands of Noble as shown in Deed Book 1004, Page 817 and the lands of Swepson as shown in Deed Book 870, Page 406 N 83°27'53" E - 502.35' to an existing iron pipe, the northeast corner of Lot 1;
Thence with the line of the lands of G Partnership, LLC as shown in Deed Book 5905, Page 2373 the following two (2) calls:
S 12°31'08" E - 49.76' to an existing iron pipe;
S 12°02'36" E - 502.43' to an existing iron pipe, the southeast corner of of Lot 6 and the northeast corner of Kimberly Way;
Thence with the northern margin of Kimberly Way S 78°02'57" W-498.47' to the Beginning.
Said parcel as described containing 287,476 square feet or 6.60 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 Manua,l 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 September 3, 2024.
5. The proposed use shall be limited to a maximum of 184 residential dwelling units.
6. All existing protected trees not located within the building footprint or impacted by essential site improvements shall be preserved.
7. All units are to be provided at 30% of the area median income (“AMI”) to 80% of AMI, as determined annually by the U.S. Department of Housing and Urban Development, adjusted for household size.
8. An annual report will be submitted to the City that provides income verification and lease terms for the workforce housing units.
9. The minimum number of workforce housing units shall be maintained for a period of no less than 30 years, to begin on the occupancy of the final workforce housing unit on site.
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 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.