Title
Ordinance Amending the Official Zoning Maps of the City to Rezone Property Containing 10.27 Acres of Land Located at 120 Switchyard Road from MF-MH (L)(CD), Multiple-Family Residential District-Medium-High Density (Legacy) (Conditional District) to MD-10(CD), Medium-density Multiple-dwelling Residential District (Conditional District) for a 60-unit Residential Development
(CD-1-724)
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 MF-MH (L)(CD), Multiple-Family Residential District-Medium-High Density (Legacy)(Conditional District) to a new MD-10(CD), Medium-density Multiple-dwelling Residential District (Conditional District), said tract being more particularly described as follows:
Beginning at a point in the northern boundary of the Seaboard Coastline Railroad, right-of-way width varies; said point being located South 52°31’08” East, 568.28’ from its intersection with the southern boundary of Market Street (U.S. Hwy. 17), a 100’ public right-of-way; that point being shown on a plat recorded among the land records of the New Hanover County Registry in Map Book 66, at Page 296; and running thence from the point of beginning:
North 77°51’22” East, 125.75 feet to a point; thence
North 12°08’38” West, 68.37 feet to a point; thence
North 77°40’08” East, 138.66 feet to a point; thence
North 87°07’52” East, 128.83 feet to a point; thence
North 79°19’28” East, 75.19 feet to a point; thence
North 76°30’28” East, 100.23 feet to a point; thence
North 76°47’29” East, 198.05 feet to a point; thence
North 76°31’25” East, 141.75 feet to a point in the western boundary of Switchyard Road, a 30’ public right-of-way; thence in a southernly direction with that western right-of-way, South 14°13’55” East, 251.07 feet to a point; thence
Along a curve to the right, having a Radius of 884.37 feet and Length of 172.89 feet, a Chord of South 10°10’56” East, 172.62 feet to a point; thence
Along a curve to the right, having a Radius of 920.01 feet and Length of 404.10 feet, a Chord of South 08°13’37” West, 400.86 feet to its intersection with the northern boundary of the Railroad; thence with the railroad right-of-way,
Along a curve to the right, having a Radius of 1340.31 feet and Length of 445.47 feet, a Chord of North 62°55’26” West, 443.43 feet to a point; thence
South 37°28’52” West, 25.00 feet to a point; thence
North 52°31’08” West, 629.49 feet to the point and place of beginning, containing 447,368 square feet, or 10.27 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 and elevations as submitted and accepted by City Council on August 6, 2024.
5. The proposed use shall be limited to a maximum of 60 residential dwelling units.
6. Any freestanding sign(s) on the site shall be monument style with landscaping around the base of the sign; no pole signs shall be permitted.
7. All existing protected trees not located within the building footprint or impacted by essential site improvements shall be preserved.
8. The existing brownfields agreement (“BFA”) shall be amended to add public or private right-of-way and sidewalk as an allowed use for Tract 3 (Wetsig/Switchyard Road), or in the alternative, the existing BFA shall be amended to exclude Tract 3 from the requirements of the BFA.
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.