1/9/2018. City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers:

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1 ITEM O2 OFFICE OF THE CITY MANAGER (910) FAX (910) TDD (910) /9/2018 City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers: On March 21, 2017, City Council approved a conditional district modification (CD M217) and a special use permit (SU-8-217) to allow an expansion of the Live Oak Bank campus and an increase in height for two of the proposed buildings in the Live Oak Bank Development. Recently, inconsistencies between the approved ordinances and site plan in regards to the number of stories with one of the buildings were discovered. While the two ordinances adopted by Council reference a one-story 25,000 square foot building, the site plan approved by Council references a two-story 25,000 square foot building. Attached are copies of the approved ordinances and site plan. The applicant does not want these typographical errors to limit their ability to construct what was intended and proposed. Staff has provided the necessary revised ordinances and requests that Council consider these clarifications for approval. The ordinances and the applicant s proposed site plan, as presented at your 3/21/17 meeting, are included for your review. Approval of these clarifying ordinances will allow the proposed 25,000 square foot building in the Live Oak Bank Development to be two stories in height. If the clarifying ordinances are not approved, the building in question will be limited to one-story. Passage of the attached Ordinance is recommended. Respectfully submitted, Sterling B. Cheatham, City Manager O2-1

2 Ordinance Introduced By: Sterling B. Cheatham, City Manager City Council City of Wilmington North Carolina Date: 1/9/2018 Ordinance Modifying an O&I-1 (CD), Office & Institutional-1 (Conditional District) Zoning on Property Containing Acres of Land Located at Tiburon Drive to Allow Two, 4-Story 64,000 Square Foot Buildings, One 2-Story 25,000 Square Foot Building And A 3.5-Story Parking Garage (CD M217) LEGISLATIVE INTENT/PURPOSE: WHEREAS, NCGS Section 160A-385 authorizes local governments to change or modify zoning boundaries within their jurisdiction; and WHEREAS, the amendment set out below is made in accordance with NCGS Section160A-364 and Article 3, Section of the Land Development Code. 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 O&I-1(CD), Office and Institutional District-1 (Conditional District) and putting it in the O&I-1(CD), Office and Institutional District-1 (Conditional District) classification, said tract being more particularly described as follows: Legal Description for Conditional District Rezoning of 1741 Tiburon Drive Being all of Parcel BR recorded at map book 60 page 267 and part of Parcel D recorded at map book 57 pages 387 and 388 records of New Hanover County and being more particularly described as follows: Beginning at a point at the current northeastern terminus of Tiburon Drive (60 public right of way), said point being located N E from the centerline intersection of Tiburon Drive and Pickard Road (60 public right of way); Proceed from said point of beginning and with the northern right of way of Tiburon Drive N 81 07'19" W a distance of 'to a point; thence with a curve turning to the right with an arc length of ', with a radius of ', with a chord bearing of N 70 05'06" W, with a chord length of ', to a point; thence N 59 02'53" W a distance of 'to a point; thence with a curve turning to the O2-2

3 left with an arc length of 18.63', with a radius of ', with a chord bearing of N 60 35'43" W, with a chord length of 18.63', to a point; thence N 62 08'33" W a distance of 'to a point; thence leaving said right of way and with the lines of said Parcel BR N 00 53'34" E a distance of ' to a point; thence N 54 07'39" E a distance of 'to a point; thence S 35 52'21" E a distance of 70.00' to a point; thence S 54 07'39" W a distance of 52.30' to a point; thence S 00 53'34" W a distance of 37.68'to a point; thence N 58 47'19" E a distance of 'to a point; thence with a curve turning to the right with an arc length of 51.78', with a radius of 47.69', with a chord bearing of S 73 51'01" E, with a chord length of 49.27', to a point; thence S 45 46'20" E a distance of 11.08'to a point; thence with a curve turning to the left with an arc length of 30.71', with a radius of 38.57', with a chord bearing of S 66 59'53" E, with a chord length of 29.90', to a point; thence N 88 45'53" E a distance of 28.39'to a point; thence with a curve turning to the right with an arc length of 30.68', with a radius of 56.76', with a chord bearing of S 74 10'23" E, with a chord length of 30.31', to a point; thence with a reverse curve turning to the left with an arc length of 16.69', with a radius of 50.46', with a chord bearing of S 68 27'49" E, with a chord length of 16.61', to a point; thence with a reverse curve turning to the right with an arc length of 19.35', with a radius of ', with a chord bearing of S 77 11'27" E, with a chord length of 19.34', to a point; thence with a compound curve turning to the right with an arc length of 45.83', with a radius of 59.00', with a chord bearing of S 54 17'54" E, with a chord length of 44.68', to point; thence S 36 03'15" E a distance of 8.48'to a point; thence with a curve turning to the left with an arc length of 12.04', with a radius of 18.32', with a chord bearing of S 54 52'48" E, with a chord length of 11.82', to a point; thence S 71 19'27" E a distance of 11.35'to a point; thence with a curve turning to the right with an arc length of 25.20', with a radius of 46.66', with a chord bearing of S 55 51'07" E, with a chord length of 24.90', to a point; thence S 46 24'58" E a distance of 9.15'to a point; thence with a curve turning to the left with an arc length of 77.01', with a radius of 46.44', with a chord bearing of S 87 40'27" E, with a chord length of 68.49', to a point; thence with a reverse curve turning to the right with an arc length of 92.87', with a radius of 52.32', with a chord bearing of S 87 28'08" E, with a chord length of 81.15', to a point; thence with a reverse curve turning to the left with an arc length of 63.65', with a radius of 70.55', with a chord bearing of S 71 30'41" E, with a chord length of 61.52', to a point; thence S 89 01'10" E a distance of 4.48'to a point; thence with a curve turning to the right with an arc length of 28.60', with a radius of 53.74', with a chord bearing of S 74 24'38" E, with a chord length of 28.26', to a point; thence with a compound curve turning to the right with an arc length of 18.91', with a radius of ', with a chord bearing of S 54 44'33" E, with a chord length of 18.89', to a point; thence with a reverse curve turning to the left with an arc length of 18.17', with a radius of ', with a chord bearing of S 47 56'52" E, with a chord length of 18.16', to a point; thence S 84 12'58" E a distance of 'to a point; thence with a curve turning to the left with an arc length of 58.04', with a radius of 60.32', with a chord bearing of N 71 42'29" E, with a chord length of 55.83', to a point; thence with a reverse curve turning to the right with an arc length of 13.95', with a radius of 35.22', with a chord bearing of N 55 24'42" E, with a chord length of 13.86', to a point; thence with a compound curve turning to the right with an arc length of 50.41', with a radius of ', with a chord bearing of N 78 15'44" E, with a chord length of 50.30', to a point; thence with a reverse curve turning to the left with an arc length of 85.83', with a radius of 66.09', with a chord bearing of N 48 13'30" E, with a chord length of 79.92', to a point; O2-3

4 thence with a compound curve turning to the left with an arc length of 10.02', with a radius of 66.04', with a chord bearing of N 06 40'29" E, with a chord length of 10.01',thence with a compound curve turning to the left with an arc length of 75.06', with a radius of 66.08', with a chord bearing of N 30 12'33" W, with a chord length of 71.09',; to a point; thence N 54 01'50" E a distance of 29.86'to a point; thence leaving said lines of Parcel BR N 84 36'34" E a distance of 49.35' to a point; thence N 16 42'58" E a distance of 19.71' to a point; thence N 62 30'14" W a distance of 19.91' to a point; thence N 36 53'56" W a distance of 23.08' to a point; thence N 28 06'49" E a distance of 31.35' to a point; thence N 64 57'58" E a distance of 34.22' to a point; thence S 77 43'51" E a distance of 45.47' to a point; thence N 31 52'55" E a distance of 29.90' to a point; thence N 17 47'51" W a distance of 34.78' to a point; thence N 23 42'23" E a distance of 22.09' to a point; thence N 62 18'56" E a distance of 43.09' to a point; thence N 24 03'47" E a distance of 15.17' to a point; thence N 25 59'40" W a distance of 21.62' to a point; thence N 76 16'19" E a distance of 45.48' to a point; thence N 04 27'51" W a distance of 40.86' to a point in the northern line of Parcel D; thence with the lines of Parcel D S 71 12'57" E a distance of 'to a point; thence N 27 57'26" E a distance of 45.75'to a point; thence N 17 06'04" E a distance of ';thence N 27 51'29" E a distance of ' to a point; thence N 53 30'03" E a distance of 86.05' to a point; thence N 79 26'47" E a distance of ' to a point; thence N point; thence S 38 35'03" W a distance of ' to a point; thence S 38 39'31" W a distance of 99.73' to a point; thence S 51 24'17" E a 85 17'39" E a distance of ' to a point; thence S 59 14'43" E a distance of ' to a distance of 12.81' to a point; thence S 38 35'01" W a distance of 'to a point; thence N 62 08'14" W a distance of 'to a point; thence N 46 37'32" W a distance of ' to a point on the eastern right of way of Pickard Road; thence said right of way of Pickard Road with a curve turning to the right with an arc length of 53.37', with a radius of ', with a chord bearing of N 05 38'18" W, with a chord length of 53.28' to a point; thence with a compound curve turning to the right with an arc length of 22.42', with a radius of 13.00', with a chord bearing of N 49 28'50" E, with a chord length of 19.74',;thence S 81 07'19" E a distance of 8.04' to a point at the current southeastern terminus of Tiburon Drive; thence with the eastern terminus of Tiburon Drive N 08 52'41" E a distance of 60.00' to the point of beginning and containing acres. This description is subject to all easements, rights of way, and/or encumbrances of record. 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. O2-4

5 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 accordance with the plan as submitted and approved. 5. The applicant shall work with staff to install adequate traffic calming measures within the proposed public rights-of-way. The developer shall be responsible for the installation of these traffic calming devises. 6. All conditions and recommendations to the traffic impact analysis as reviewed and approved by the Wilmington Metropolitan Planning Organization, the North Carolina Department of Transportation, and staff shall be implemented accordingly. 7. All recommendations of the traffic impact analysis shall be completed prior to a Certificate of Occupancy being issued. 8. The site shall be developed according to the approved Phase 1 dated December 15, 2016 and Phase 2 Preliminary Plans dated received February 1, All existing protected trees not impacted by essential site improvements shall be preserved or mitigated. 10. All city, state and federal regulations shall be followed. 11. All Technical Review Committee requirements shall be met. 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 Division, to conform with this ordinance. SECTION 4: That any person violating the provisions of this ordinance, including the approved site plan, shall be subject to the penalties set forth in Section of the Land Development Code. SECTION 5: All ordinances or parts of ordinances 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: That this ordinance shall be effective immediately upon its adoption. Adopted at a meeting on 2018 ATTEST: Penelope Spicer-Sidbury, City Clerk Bill Saffo, Mayor APPROVED AS TO FORM: City Attorney O2-5

6 Introduced By: Sterling B. Cheatham, City Manager Date: March 21, 2017 Ordinance Modifying an O&I-1 (CD), Office & Institutional-1 (Conditional District) Zoning on Property Containing Acres of Land Located at Tiburon Drive to Allow Two, 4-Story 64,000 Square Foot Buildings, One 1-Story 25,000 Square Foot Building And A 3.5-Story Parking Garage (CD M217) LEGISLATIVE INTENT/PURPOSE: WHEREAS, NCGS Section 160A-385 authorizes local governments to change or modify zoning boundaries within their jurisdiction; and WHEREAS, the amendment set out below is made in accordance with NCGS Section 160A-364 and Article 3, Section of the Land Development Code. THEREFORE, BE IT ORDAINED THAT: 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 O&I-1(CD), Office and Institutional District-1 (Conditional District) and putting it in the O&I-1(CD), Office and Institutional District-1 (Conditional District) classification, said tract being more particularly described as follows: Legal Description for Conditional District Rezoning of 1741 Tiburon Drive Being all of Parcel BR recorded at map book 60 page 267 and part of Parcel D recorded at map book 57 pages 387 and 388 records of New Hanover County and being more particularly described as follows: Beginning at a point at the current northeastern terminus of Tiburon Drive (60 public right of way), said point being located N E from the centerline intersection of Tiburon Drive and Pickard Road (60 public right of way); Proceed from said point of beginning and with the northern right of way of Tiburon Drive N 81 07'19" W a distance of 'to a point; thence with a curve turning to the right with an arc length of ', with a radius of ', with a chord bearing of N 70 05'06" W, with a chord length of ', to a point; thence N 59 02'53" W a distance of 'to a point; thence with a curve turning to the left with an arc length of 18.63', with a radius of ', with a chord bearing of N 60 35'43" W, with a chord length of 18.63', to a point; thence N 62 08'33" W a distance of 'to a point; thence leaving said right of way and with the lines of said Parcel BR N 00 53'34" E a distance of ' to a point; O2-6

7 thence N 54 07'39" E a distance of 'to a point; thence S 35 52'21" E a distance of 70.00' to a point; thence S 54 07'39" W a distance of 52.30' to a point; thence S 00 53'34" W a distance of 37.68'to a point; thence N 58 47'19" E a distance of 'to a point; thence with a curve turning to the right with an arc length of 51.78', with a radius of 47.69', with a chord bearing of S 73 51'01" E, with a chord length of 49.27', to a point; thence S 45 46'20" E a distance of 11.08'to a point; thence with a curve turning to the left with an arc length of 30.71', with a radius of 38.57', with a chord bearing of S 66 59'53" E, with a chord length of 29.90', to a point; thence N 88 45'53" E a distance of 28.39'to a point; thence with a curve turning to the right with an arc length of 30.68', with a radius of 56.76', with a chord bearing of S 74 10'23" E, with a chord length of 30.31', to a point; thence with a reverse curve turning to the left with an arc length of 16.69', with a radius of 50.46', with a chord bearing of S 68 27'49" E, with a chord length of 16.61', to a point; thence with a reverse curve turning to the right with an arc length of 19.35', with a radius of ', with a chord bearing of S 77 11'27" E, with a chord length of 19.34', to a point; thence with a compound curve turning to the right with an arc length of 45.83', with a radius of 59.00', with a chord bearing of S 54 17'54" E, with a chord length of 44.68', to point; thence S 36 03'15" E a distance of 8.48'to a point; thence with a curve turning to the left with an arc length of 12.04', with a radius of 18.32', with a chord bearing of S 54 52'48" E, with a chord length of 11.82', to a point; thence S 71 19'27" E a distance of 11.35'to a point; thence with a curve turning to the right with an arc length of 25.20', with a radius of 46.66', with a chord bearing of S 55 51'07" E, with a chord length of 24.90', to a point; thence S 46 24'58" E a distance of 9.15'to a point; thence with a curve turning to the left with an arc length of 77.01', with a radius of 46.44', with a chord bearing of S 87 40'27" E, with a chord length of 68.49', to a point; thence with a reverse curve turning to the right with an arc length of 92.87', with a radius of 52.32', with a chord bearing of S 87 28'08" E, with a chord length of 81.15', to a point; thence with a reverse curve turning to the left with an arc length of 63.65', with a radius of 70.55', with a chord bearing of S 71 30'41" E, with a chord length of 61.52', to a point; thence S 89 01'10" E a distance of 4.48'to a point; thence with a curve turning to the right with an arc length of 28.60', with a radius of 53.74', with a chord bearing of S 74 24'38" E, with a chord length of 28.26', to a point; thence with a compound curve turning to the right with an arc length of 18.91', with a radius of ', with a chord bearing of S 54 44'33" E, with a chord length of 18.89', to a point; thence with a reverse curve turning to the left with an arc length of 18.17', with a radius of ', with a chord bearing of S 47 56'52" E, with a chord length of 18.16', to a point; thence S 84 12'58" E a distance of 'to a point; thence with a curve turning to the left with an arc length of 58.04', with a radius of 60.32', with a chord bearing of N 71 42'29" E, with a chord length of 55.83', to a point; thence with a reverse curve turning to the right with an arc length of 13.95', with a radius of 35.22', with a chord bearing of N 55 24'42" E, with a chord length of 13.86', to a point; thence with a compound curve turning to the right with an arc length of 50.41', with a radius of ', with a chord bearing of N 78 15'44" E, with a chord length of 50.30', to a point; thence with a reverse curve turning to the left with an arc length of 85.83', with a radius of 66.09', with a chord bearing of N 48 13'30" E, with a O2-7

8 chord length of 79.92', to a point; thence with a compound curve turning to the left with an arc length of 10.02', with a radius of 66.04', with a chord bearing of N 06 40'29" E, with a chord length of 10.01',thence with a compound curve turning to the left with an arc length of 75.06', with a radius of 66.08', with a chord bearing of N 30 12'33" W, with a chord length of 71.09',; to a point; thence N 54 01'50" E a distance of 29.86'to a point; thence leaving said lines of Parcel BR N 84 36'34" E a distance of 49.35' to a point; thence N 16 42'58" E a distance of 19.71' to a point; thence N 62 30'14" W a distance of 19.91' to a point; thence N 36 53'56" W a distance of 23.08' to a point; thence N 28 06'49" E a distance of 31.35' to a point; thence N 64 57'58" E a distance of 34.22' to a point; thence S 77 43'51" E a distance of 45.47' to a point; thence N 31 52'55" E a distance of 29.90' to a point; thence N 17 47'51" W a distance of 34.78' to a point; thence N 23 42'23" E a distance of 22.09' to a point; thence N 62 18'56" E a distance of 43.09' to a point; thence N 24 03'47" E a distance of 15.17' to a point; thence N 25 59'40" W a distance of 21.62' to a point; thence N 76 16'19" E a distance of 45.48' to a point; thence N 04 27'51" W a distance of 40.86' to a point in the northern line of Parcel D; thence with the lines of Parcel D S 71 12'57" E a distance of 'to a point; thence N 27 57'26" E a distance of 45.75'to a point; thence N 17 06'04" E a distance of ';thence N 27 51'29" E a distance of ' to a point; thence N 53 30'03" E a distance of 86.05' to a point; thence N 79 26'47" E a distance of ' to a point; thence N point; thence S 38 35'03" W a distance of ' to a point; thence S 38 39'31" W a distance of 99.73' to a point; thence S 51 24'17" E a 85 17'39" E a distance of ' to a point; thence S 59 14'43" E a distance of ' to a distance of 12.81' to a point; thence S 38 35'01" W a distance of 'to a point; thence N 62 08'14" W a distance of 'to a point; thence N 46 37'32" W a distance of ' to a point on the eastern right of way of Pickard Road; thence said right of way of Pickard Road with a curve turning to the right with an arc length of 53.37', with a radius of ', with a chord bearing of N 05 38'18" W, with a chord length of 53.28' to a point; thence with a compound curve turning to the right with an arc length of 22.42', with a radius of 13.00', with a chord bearing of N 49 28'50" E, with a chord length of 19.74',;thence S 81 07'19" E a distance of 8.04' to a point at the current southeastern terminus of Tiburon Drive; thence with the eastern terminus of Tiburon Drive N 08 52'41" E a distance of 60.00' to the point of beginning and containing acres. This description is subject to all easements, rights of way, and/or encumbrances of record. 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 O2-8

9 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 accordance with the plan as submitted and approved. 5. The applicant shall work with staff to install adequate traffic calming measures within the proposed public rights-of-way. The developer shall be responsible for the installation of these traffic calming devices. 6. All conditions and recommendations to the traffic impact analysis as reviewed and approved by the Wilmington Metropolitan Planning Organization, the North Carolina Department of Transportation, and staff shall be implemented accordingly. 7. All recommendations of the traffic impact analysis shall be completed prior to a Certificate of Occupancy being issued. 8. The site shall be developed according to the approved Phase 1 dated December 15, 2016 and Phase 2 Preliminary Plans dated received February 1, All existing protected trees not impacted by essential site improvements shall be preserved or mitigated. 10. All city, state and federal regulations shall be followed. 11. All Technical Review Committee requirements shall be met. 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 Division, to conform with this ordinance. SECTION 4: That any person violating the provisions of this ordinance, including the approved site plan, shall be subject to the penalties set forth in Section of the Land Development Code. SECTION 5: All ordinances or parts of ordinances 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: That this ordinance shall be effective immediately upon its adoption. O2-9

10 Bill Saffo, Mayor Adopted at a, meeting on, Attest: Approved As To Form: Penelope Spicer-Sidbury, City Clerk City Attorney O2-10

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