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CONDITIONAL APPLICATION FOR

CHANGE OF ZONING
DISTRICT REZONING OF PROPERTY

City of Wilmington, NC P. O. Box 1810, 305 Chestnut St, Wilmington, NC 28402


Planning Division Telephone: (910) 254-0900 FAX: (910)341-3264

Version 9/8/17

Section A. APPLICANT INFORMATION

The petitioner requests that the City of Wilmington Zoning Map be amended as indicated below:

NAME OF APPLICANT/PETITIONER: Design Solutions / Cindee Wolf

MAILING ADDRESS OF APPLICANT: PO Box 7221, Wilmington, NC 28406

PHONE NUMBER/E-MAIL OF APPLICANT: 910-620-2374 / cwolf@lobodemar.biz

PROPERTY OWNER INFORMATION (If different from the applicant):

Name(s) Arboretum West, L.L.C. W Estates II, L.L.C.

Address: 1105 Harborway Pl, Wilm., NC 28405 101 N Third St, Ste 400, Wilm., NC 28401

Telephone: 910-256-5698 Telephone: 910-815-7125

E-Mail Address: ----- E-Mail Address: david.martin@smithmoorelaw.com

PROPERTY INFORMATION: The following information is required to provide the necessary


information to process the rezoning request:

ADDRESS OF SUBJECT SITE: 101-136 W Westwood Dr & 108 Station Rd

NEW HANOVER CO. PROPERTY IDENTIFICATION # (PIN): ** Ref. Attached List **

CURRENT ZONING DISTRICT(S): MHP PROPOSED ZONING DISTRICT(S): UMX (CD)

TOTAL SITE ACRES/SQUARE FEET: 17.94 ac. (Tract Area) / 19.84 ac. (Rezoning Area)

PROPOSED USE(S) AND PROPOSED CONDITIONS FOR THE SITE: Mixture of commercial,

office & multi-family residential units. Reference the conceptual plan for site layout and additional

details on the proposal.


Property Owners' List
Name Address City State Zip Property Address TaxParcel ID
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 315810.46.4062
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 101 W Westwood Dr 315810.45.5900
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 102 W Westwood Dr 315810.46.5113
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 105 W Westwood Dr 315810.45.4916
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 106 W Westwood Dr 315810.46.4139
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 109 W Westwood Dr 315810.46.3030
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 110 W Westwood Dr 315810.46.3255
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 113 W Westwood Dr 315810.46.2064
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 114 W Westwood Dr 315810.46.2370
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 115 W Westwood Dr 315810.46.1097
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 118 W Westwood Dr 315810.46.2305
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 121 W Westwood Dr 315810.46.1123
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 122 W Westwood Dr 315810.46.0491
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 125 W Westwood Dr 315810.46.0262
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 126 W Westwood Dr 315810.36.9387
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 129 W Westwood Dr 315810.36.9175
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 132 W Westwood Dr 315810.36.8392
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 133 Westwood Dr 315810.36.9029
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 134 W Westwood Dr 315810.36.8218
Arboretum West, L.L.C. 1105 Harborway Pl Wilmington NC 28405 136 W Westwood Dr 315810.36.7213
W Estates II, L.L.C. 101 N Third St, Ste 400 Wilmington NC 28401 108 Station Rd 315810.36.4668
EXHIBIT A
TO
APPLICATION FOR CHANGE OF ZONING OF PROPERTY
(CONDITIONAL DISTRICT REZONING)

PETITIONERS/: Arboretum West, L.L.C.


OWNERS W Estates II, L.L.C.

1. What changed or changing condition(s) justifies the passage of the amendment?


(Discuss how circumstances have so changed since the property was last zoned).

Since the annexation of the property and subsequent zoning of the currently MHP-zoned
properties, several conditions have changed with respect to the property and local ordinances and
land plans:

a. The City of Wilmington and the entire Cape Fear region has seen significant growth
with even greater population growth anticipated. This has necessitated a move
toward more urban, higher density development in appropriate areas.

b. On August 19, 2014, the Urban Mixed Use (UMX) zoning district was amended by
City Council in order to allow UMX zoning outside of the Citys 1945 Corporate
Limits. As stated in Wilmington LDC Sec. 18-204 UMX zoning outside the 1945
corporate limits is intended to promote mixed-use developments on sites large enough
to create a mix of uses within the existing suburban environment.

c. On May 1, 2016, City Council adopted the Create Wilmington Comprehensive Plan.
The Comprehensive Plan emphasizes the benefits of mixed-use developments and the
need for both greater density to accommodate Wilmingtons growing population and
the location of goods and services closer to residential housing to alleviate traffic
concerns.

Sustainability of the City depends on sensible infill development and maximizing use of
lands already accessible to urban services. Encouraging designated areas to transition to higher
density uses supports the need to supply the increased housing that statistics show will be
necessary and to provide the associated services those residents will want and need. Land use
decisions and opportunities for promoting mixed-use development in appropriate areas are
becoming more and more critical to the promotion of Wilmingtons economic well-being and
well-planned growth.

2. Explain how the map amendment would be consistent with the citys comprehensive
plan and adopted special area plans (i.e., corridor plans, neighborhood plans, Vision
202 Plan, etc.)
The Create Wilmington Comprehensive Plan Policies Development and City Building
Sec. 1.1.1 states that, [t]he Growth Strategies Maps should be used in conjunction with the
Comprehensive Plan policies to evaluate zoning consistency, urban form, and code changes.

The Comprehensive Plan and Growth Strategies Maps categorize the site as both a
Potentially Developable Land & Redevelopment Site (Growth Strategies Report p. 5-8) and as
High Density Transition Area of Opportunity (Growth Strategies Map 2: Areas of
Opportunity).

According to the Growth Strategies Report, p. 5-31, High Density Transition Areas of
Opportunities should incorporate several desired planning principles including:

Increase densities with infill development, mid-rise buildings, parking decks, and other
urban solutions.

Encourage active groundfloor uses such as stores and restaurants uses; alleviate
challenges to vertical mixed use development.

Comp. Plan Sec. 1.2.2 further states that [d]evelopment should occur in a compact
pattern that reinforces the efficient provision of public services and utilities, improves the
performance of the transportation network, preserves open space, and reduces negative impacts
of low-intensity and noncontiguous development patterns.
The proposed plan includes 360 multifamily apartments, boutique retail, fine dining,
office space and a coffee shop. All buildings will be three stories or less and designed in an
elegant coastal motif by locally renowned architect Cothran Harris. The plan therefore achieves
increased density and a diverse mix of uses within a context-sensitive design limited to three
stories.

Policies Sec. 9.0 Urban Design and


Placemaking states that mixed-use
buildings should include residential,
commercial and retail within a
context sensitive design.

Rezoning this property for a higher-density of residential development and provision of


commercial uses that could be convenient to the surrounding neighborhoods would be consistent
with the concept of in-filling parcels where existing utilities and other urban services are
available. The plan proposes alignment of a new street with an existing signalized intersection
for better access management and provides multiple means of trip distribution. The project
concentrates on urban design and place-making with the layout and the architecture will provide
visual interest, along with pedestrian friendly facilities and connections.

The proposed project is consistent with the following Mixed-Use Principles as addressed
in Policies Sec. 1.5 Mixed-Use Development:
In addition to the projects alignment with all of the above Comprehensive Plan
principles, the proposal is also consistent with the following policies:

1.2.1. Development should create places, streets and spaces that are visually attractive,
safe, accessible, functional, inclusive, have their own distinct identities and maintain or
improve desired character.

1.4.1. Quality design and site planning should be promoted so that new development
infill and redevelopment is implemented with minimal adverse impacts on desired
character of the existing built environment.

3.1.1. Mixed-use neighborhoods should be promoted throughout the city, particularly


within identified high-density centers.

5.1.2. Mixed-use development should be promoted as a means of revitalizing and


enhancing economic development in commercial corridors and creating transit- and
pedestrian-oriented development patterns.
In short, the subject rezoning request presents a unique opportunity to have a high-quality
mixed-use infill project on a Major Commercial Corridor that serves many of the Citys goals as
stated in the Comprehensive Plan.

3. Explain briefly the expected effect on the neighborhood if the proposed zoning map
amendment is approved.

The general vicinity and entire corridor of Military Cutoff Road is developed with higher
densities of residential development and lower-impact commercial uses. There has been no
evidence of adverse impact to property values in the neighborhood from any of the existing uses.
A Traffic Impact Analysis has been completed and recommended improvements will mitigate
additional vehicular circulation. Amenities like sidewalks, aesthetic architectural standards and
extensive landscaping add to the appeal of new infill development.

4. Other circumstances which tend to justify the amendment in the public interest.

The proposed project represents a high-quality pedestrian and bicycle friendly mixed-use
development integrating a range of uses in an Area of Opportunity designated for High Density
Transition. This project is consistent with the goals and policies of the Create Wilmington
Comprehensive Plan and with the Citys view of future land planning as a whole.

The proposed development will also increase the Citys tax base and create jobs.

The site design, crafted by prolific local landscape architect Scott Stewart, preserves
significant trees and embraces design elements of the New Urbanist movement. As part of the
development, Tribute will be making traffic improvements to offset the impacts of the
development and coordinating with the NCDOT to provide pedestrian access by crosswalk to the
Cross City Trail.
3

Section B. SUBMITTAL INFORMATION AND PROCEDURE

(1) Supplementary Information is REQUIRED as part of the application. See Section C below for required
information.

(2) The petition MUST be reviewed by the Planning Division for completeness PRIOR to the acceptance of
any application or petition. Please do not simply leave your application materials without speaking to a
Planner. If you do, your application may not be processed and your request might not be considered at
the next Planning Commission meeting.

(3) A fee in accordance with the approved fee schedule, payable to the City of Wilmington, must
accompany the application.

(4) The Planning Commission will consider the application, if properly completed, at their next regular
meeting. The petitioner or his/her agent should appear at the meeting. Meetings are held at 6:00 P. M.
in the Council Chambers, City Hall, 3rd and Princess Streets, Wilmington, North Carolina, usually on the
first Wednesday of each month. Petitioners will be informed of any change in date, time or location of
meetings. Petitions and the required supplementary information must be received in the Planning
Division, 305 Chestnut Street, Wilmington, NC 28401, thirty (30) working days before the Planning
Commission meeting to allow time for processing and advertisement as required the North Carolina
General Statutes.

(5) Before a public hearing may be held on the petition, the applicant must file, in the office of the City
Clerk (a copy to the Planning Division), a written report of at least one community meeting held by
the applicant. Please use the attached Report of Community Meeting for the report. No other
document will be accepted. The community meeting shall be held prior to the to the Planning
Commissions consideration of the petition. Written notice of such a meeting shall be given to the
property owners and organizations entitled to notice as determined by policies approved by the City
Council. The report shall include, among other things, a listing of those persons and organizations
contacted about the meeting, a roster of the persons in attendance, a summary of issues discussed, and
a description of any changes to the rezoning petition by the applicant as a result of the meeting. In the
event the petitioner has not held at least one meeting as required, the applicant shall file a report
documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting
was not held. The adequacy of a meeting held or report filed shall be considered by the City Council but
shall not be subject to judicial review.

(6) Conceptual site plan review by the citys Technical Review Committee is required for all Conditional
District rezoning applications. To avoid potential processing and scheduling delays, applicants are
advised to have completed a conceptual review with the citys Technical Review Committee (TRC) prior
to application submittal. If a conceptual review has not occurred at time of application, planning staff will
automatically schedule the item for conceptual review at the next available Technical Review Committee
meeting.
Proposed
UMX (CD) Rezoning
19.84 ac.+/-
Legal
Description
Point of
Beginning

Proposed
UMX (CD) Rezoning
19.84 ac.+/-
LegalDescriptionfor
ConditionalDistrictRezoningof
102136W.WestwoodDrive&18StationRoad

Beginning at a point in northeastern boundary of Station Road, a 60 public right-of-way;


said point being shown as an NCDOT Cap on a plat entitled Survey of Highway Patrol
Station and Peace Baptist Church, Inc., and recorded among the land records of the
New Hanover County Registry in Map Book 45, at Page 388; and running thence from
the point of beginning:
South 590 0828 East, 1492.78 feet to a point; thence
South 5502733 East, 630.57 feet to a point near the centerline of Military Cutoff Road,
a variable width public right-of-way, crossing the western boundary of the road at
540.60 feet; thence
South 0100050 West, 91.99 feet to a point; thence
South 0100212 West, 117.37 feet to a point; thence
South 0100252 West, 189.35 feet to a point; thence
North 6705425 710.84 feet to a point in the northeastern boundary of Station Road,
crossing the western boundary of Military Cutoff Road at 80.36 feet; thence
South 2201653 West, 30.00 feet to a point in the centerline of Station Road; thence
with that centerline,
North 6704307 West, 208.90 feet to a point; thence
North 5301333 West, 447.18 feet to a point; thence
North 3300117 West, 1096.05 feet to a point; thence
North 5605843 East, 30.00 feet to the point and place of beginning, containing 19.84
acres, more or less.
Adjacent Property Owners' List / 101-136 W. Westwood Dr. & 108 Station Rd.
Name Address City State Zip Property Address TaxParcel ID
NC State Hwy Commission 1 Station Rd Wilmington NC 28405 1 Station Rd 315810.37.5103
Peace Baptist Church, Inc 320 Military Cutoff Rd Wilmington NC 28403 320 Military Cutoff Rd 315810.46.0891
Peace Baptist Church, Inc 320 Military Cutoff Rd Wilmington NC 28403 320 Military Cutoff Rd 315810.46.4712
State of NC 1321 Mail Service Center Raleigh NC 27609 1 Station Rd 315810.46.3552
Arbor Court HOA PO Box 490 Wrightsville Beach NC 28480 330 Military Cutoff Rd 315810.46.3490.000
Brike Management, LLC PO Box 12621 Wilmington NC 28405 330 Military Cutoff Rd 315810.46.3490.001
BPT & Associates, LLC PO Box 385 Wrightsville Beach NC 28480 330 Military Cutoff Rd 315810.46.3490.002
WH Associates 1133 Military Cutoff Rd, Ste Wilmington NC 28405 330 Military Cutoff Rd 315810.46.3490.003
WH Associates 1133 Military Cutoff Rd, Ste Wilmington NC 28405 330 Military Cutoff Rd 315810.46.3490.004
Breath Holdings, LLC 1090 Medical Center Dr Wilmington NC 28401 330 Military Cutoff Rd 315810.46.3490.005
Breath Holdings, LLC 1090 Medical Center Dr Wilmington NC 28401 330 Military Cutoff Rd 315810.46.3490.006
Breath Holdings, LLC 1090 Medical Center Dr Wilmington NC 28401 330 Military Cutoff Rd 315810.46.3490.007
Breath Holdings, LLC 1090 Medical Center Dr Wilmington NC 28401 330 Military Cutoff Rd 315810.46.3490.008
Landfall Council of Asso 1749 Drysdale Dr Wilmington NC 28405 506 Arboetum Dr 315811.56.0062
James & Catherine Batey 247 Beech St Wilmington NC 28405 101 E Westwood Dr 315810.46.7021
Catherine Delane Batey 247 Beech St Wilmington NC 28405 105 E Westwood Dr 315810.45.8904
Shirley Ruth Norris Trust 112 E Westwood Dr Wilmington NC 28405 112 E Westwood Dr 315810.45.7775
347 MCO, LLC 201 N Elm St, Ste 201 Greensboro NC 27401 347 Military Cutoff Rd 315810.45.8331
Station Place POA, Inc 1205 Arboretum Dr Wilmington NC 28405 219 Station Rd 315810.45.3767.000
Station Place, LLC PO Box 840 Wrightsville Beach NC 28480 219 Station Rd 315810.45.3767.001
Station Place, LLC PO Box 840 Wrightsville Beach NC 28480 219 Station Rd 315810.45.3767.002
SeaSpray Landing HOA, Inc 2502 S 17th St Wilmington NC 28401 900 Sea Spray Dr 315810.45.1713
Ronald Saucier 2212 Pinehurst Pl Wilmington NC 28405 451 Saucier Way 315810.35.6727
Ronald Saucier, Jr. 450 Saucier Way Wilmington NC 28405 450 Saucier Way 315810.35.5902
Covenant Church 210 Station Rd Wilmington NC 28405 210 Station Rd 315810.36.3176
Robert & Vera Batts 206 Station Rd Wilmington NC 28405 206 Station Rd 315810.36.2362
Thomas & Deborah Fowler 204 Station Rd Wilmington NC 28405 204 Station Rd 315810.36.2423
Marvin & Dianne Foster 202 Station Rd Wilmington NC 28405 202 Station Rd 315810.36.1560
Hubert & Deborah White 110 Station Rd Wilmington NC 28405 110 Station Rd 315810.36.0672
Marjorie Evans 106 Station Rd Wilmington NC 28405 106 Station Rd 315810.36.0619
Joseph Donald Henson Jr 104 Station Rd Wilmington NC 28405 104 Station Rd 315810.26.9789
Lowery & Webster Prop. LLC 5204 Rembert Dr Raleigh NC 27612 102 Station Rd 315810.26.9826
Daimon & Sophia Lanza 225 Wooddale Dr Wilmington NC 28403 30 Station Rd 315810.26.8959
Arnold & Joyce Howard 6225 Cat Tail Rd Elm City NC 27822 26 Station Rd 315810.27.7096
H & S Family Holdings, LLC 1608 Market St Wilmington NC 28401 24 Station Rd 315810.27.6213
ArboretumWestMixedUseDevelopment
ExceptionalDesignProjectNarrative

ProjectDescription

ArboretumWestproposesamixedusedevelopmentofapartments,commercialstorefronts&
offices.Additionalsiteimprovementsincludeaclubhouseandrecreationamenities,and
associatedparkingforalluses.

TheprojectislocatedintheCAMALandUsePlanWatershedResourceProtectionland
classification,therebylimitingsurfacecoverageto25%ofthetotalbuildableareaofthe
project.TheWilmingtonLandDevelopmentCodeArticle10providesthatmitigationfor
coverageinexcessofthelimitationcanbeaccomplishedbymeetingcertainrequirementsthat
qualifyasexceptionaldesign.

SiteAssessment

Asiteinventoryhasbeenmadeofthedevelopmenttract.Thisisaredevelopmentproposal.
The19.84acretractwaspreviouslyoccupiedbytwomobilehomecommunities.Existing
improvementsincludebothpaved&graveleddrivesandconcretebuildingpads.

Vegetationisacombinationofbothpine&hardwoodtrees,spreadaroundtheoldresidences.
Thesoilsvaryacrossthetract,andincludeLeonsand(Le),Murvillefinesand(Mu),Kurebsand
(Kr)andBaymeadefinesand(Be),whichareallwelldrainedsoilclassifications.Asoilstestwill
bemadetodeterminetheseasonalwatertabledepthandinfiltrationrate.Nowetlandshave
beenidentifiedwithintheprojectboundaries.

DevelopmentPlan

Theproposedimprovementsforrooftops,vehicularcirculationandpedestrianwalkwayswill
resultinapproximately60%ofsurfacecoverage.However,itisintendedthatmanyofthe
parkingspaceswillbeconstructedwithaperviouspavement.Thisallowsforcreditagainstthe
impervioussurfacesandreducestheoverallimpacttothesite.Thisreductioninimpervious
surfacewillcontributedirectlytoaLowImpactDevelopment(LID)techniqueandwillaidto
minimizestormwaterrunoff.


JustificationforImpact
ToOvercapacityStatusofMilitaryCutoffRoad
ConditionalDistrictRezoningof
ArboretumWestMixeduseDevelopment


TrafficcountsprovidedforthesectionofMilitaryCutoffRoadinthevicinityofthe
proposedrezoningarepresentlyfoundtobeinexcessofitsreasonablecapacity,
translatingintoanFservicelevel.However,webelievethatthemeritsofthe
proposedplanaresufficienttomitigatethepotentialadditionalvolumeforthe
followingreasons:

1. Theproposedrezoningwouldallowforamoreviablelanduseandisconsistent
withCityCouncilseconomicdevelopmentpriorities.Thisproposalimprovesthe
formandfunctionofanunderutilizedsiteandmaximizeslanduseefficiency
basedonareacharacteristicssuchasexistinginfrastructure,adjacentuses,
uniquesitecharacteristics,needsofthecommunityandgeographiclocation.
2. Theproposedrezoningwouldensureamoreefficienttransportationsystem
relativetoprovidinginterconnectivitybyextendingtheArboretumDrivethrough
thedevelopmenttoStationRoad,therebyprovidinganalternativeaccessto
MarketStreetwithouthavingtouseMilitaryCutoffRoad.
3. Thesiteislocatedalonganestablishedtransitroute.AWAVEtransitroutepasses
directlyalongthefrontageandprovideseasyaccesstotheFordhamStationfor
transfersthroughoutthesystem.
4. Theproposedrezoningwouldensureamoreefficientdevelopmentpattern
relativetoamixofusesinaconditionaldistrictthatincorporatescompatible
uses.
5. Theimpactofanyadditionaltrafficgeneratedbytheproposedrezoningwouldbe
mitigatedbythecurrentlyongoingNCDOTtransportationimprovementproject
toextendMilitaryCutoffRoadtotheI140Bypassandcreateanelevation
separatedinterchangeattheMarketStreetcrossing.
6. Theprojectisaredevelopmentofapreviouslydevelopedsiteandwouldresultin
improvedsiteconditionsrelativetostormwatermanagement,landscapingand
aesthetics.

LowImpactDevelopment(LID)Techniques

Theprojectseekstomaintainthehydrologicalfunctionofthesiteandmimicthepre
developmentrunoffpatternsbymaximizinginfiltrationandstormwaterretention.Thiscanbe
accomplishedby:

Thesmallscaletechniquesofmanagingprecipitationascloseaspossibletowhereithits
thegroundwillincludeperviouspavementwithintheparkinglotsandpotentialbio
retentionbasins.
Linkedlotlevelcontrols.Stormwatermanagementfacilitieswillbestrategicallylocated
toreducelongpiperunsandpromotetreatmentthroughoutthesystem.
Devicesthatallowinfiltratingrainfallwaterintothegroundwatersystemwillinclude
perviouspavement,decorativeinfiltrationfacilitiesatthefrontoftheproject,andbio
retentionbasinsthroughouttheopenspaceareas.
Sitefingerprintingisachievedbyprovidingadequatelandscapebufferyardsand
streetyardsaroundtheperipheryoftheproject,preservingormitigationtheexisting
trees,clearlydelineationtreeprotectionareasofnotonlytheregulatedtrees,butalso
thoselessthanthestandardrequirement,andusingperviouspavement.
Incorporatingamendedsoils.Subbasematerialfortheperviouspavementwillbe
engineeredformaximuminfiltrationcapacityandsoilcompactionwillbeavoidedor
minimizedinnaturalareasbyflagginglimitsofdisturbancetorestrictmovementof
equipmentortemporarystorageofmaterials.

ExceptionalDesignCriteriaPointsSummary

Pointsrequiredfor50%baseimperviousarea=60
Pointsclaimed=60
o StormwaterRetentionforthe5/10/25yearevent=10
o 90%TSSremoval=10
o PostdevelopmentTcmimicspredevelopmentTcfor10yearevent=15
o >25%PorousSurfaces=10
o 50%Xericlandscaping=15