Title
Ordinance Amending the Official Zoning Maps of the City to Rezone Property Containing 1.79 Acres of Land Located at 1618 Dawson Street from UMX, Urban Mixed-Use District to CS(CD), Commercial Services (Conditional District) for a General Retail Use with Accessory Fuel Pumps (CD-19-624)
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 City of Wilmington Land Development Code (“LDC”).
THEREFORE, BE IT ORDAINED:
SECTION 1: The official zoning maps of the City are hereby amended by removing the hereinafter described tract of land from the present UMX, Urban Mixed-Use District to CS(CD), Commercial Services (Conditional District), said tract being more particularly described as follows:
LEGAL DESCRIPTION
Beginning at an existing railroad spike in the southern right of way line of Dawson Street, 40 feet from the center thereof said point also being South 87 degrees 27 minutes 00 seconds West, a distance of 130.00 feet from the intersection of the aforementioned right of way line with the western right of way line of Seventeenth Street. Thence from said point of beginning, running parallel with the western right of way line of Seventeenth Street South 2 degrees 33 minutes 00 seconds East, a distance of 200.00 feet to an existing railroad spike, thence North 87 degrees 27 minutes 00 seconds East, a distance of 130.00 feet parallel with Dawson Street to an existing iron pipe, thence South 2 degrees 33 minutes 00 seconds East, a distance of 17.50 feet parallel with Seventeenth Street to an existing iron pipe, thence South 87 degrees 27 minutes 00 seconds West, a distance of 165.00 feet parallel with Dawson Street to an existing Parker Kalon Nail, thence South 2 degrees 33 minutes 00 seconds West, a distance of 258.75 feet to an existing iron pipe at the intersection of the Sixteenth Street eastern right of way line with the Dawson Street southern right of way line, thence along and with the Dawson Street right of way North 87 degrees 27 minutes 00 seconds East, a distance of 200.00 feet to an existing railroad spike and the point of beginning containing 1.2071 acres, the same being part of lots 1, 2, 3 and 4 in block 525, according to the official plan of the City of Wilmington, North Carolina, and surveyed and plotted by Charles H. Foard, CE, February 17, 1952.
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 and elevations, as submitted and accepted by City Council on July 16, 2024.
5. The site shall be limited to general retail use with 14 accessory fuel pumps and an associated pocket park.
6. 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 rezonings related to this property that are in conflict with this ordinance are 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.