WHEREAS, the Department of Planning has prepared an analysis of the proposed Forty Acres Neighborhood Conservation District area, which does not qualify to be designated as a City Historic District, but which has value related to and established by association with the close proximity of structures that have certain identifiable attributes embodied in use, urban design or architecture, and the surrounding geographical features of which complement the existing uses; and

WHEREAS, the City Planning Commission received public comment regarding designation of the Forty Acres Neighborhood Conservation District on May 18, 2004; and

WHEREAS, the City Planning Commission has proposed by its Resolution 8-04 that the Forty Acres Neighborhood Conservation District be created, with general boundaries to include the rear lot lines of the properties along the west side of Union Street between Delaware Avenue and Lovering Avenue, along Wawaset Street to the rail viaduct, continuing along the rail viaduct to Delaware Avenue, then westerly along the rear lot lines of the properties along the south side of Delaware Avenue to its intersection with Union Street.

SECTION 1. Chapter 48-97 of the Wilmington Zoning Code and the "Building Zone Map of Wilmington, Delaware" are hereby amended by designating an area to be known as "Forty Acres Neighborhood Conservation District," pursuant to the provisions of Section 48-423 of the Wilmington Zoning Code, as an overlay of the current zoning district designation for that area, the said Forty Acres Neighborhood Conservation District to be bounded generally by the rear lot lines of the properties on the south side of Delaware Avenue on the south, the rear lot lines of the properties on the west side of Union Street on the west, the lot lines of the properties along the 1900 block of Lovering Avenue and one block northward thereof to include properties on the south side of Wawaset Street that face Brandywine Park on the north, and the rail viaduct and DuPont Street on the east, as more particularly described in the Forty Acres Neighborhood Conservation District Proposed Boundaries attached hereto as Exhibit "A" and made a part hereof, as enumerated by the list of street addresses and parcel numbers attached hereto as Exhibit "B" and made a part hereof.

SECTION 2. This Ordinance shall become effective immediately upon its date of passage by the City Council and approval by the Mayor.