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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) W Estates I, L.L.C.

Address: 101 N. Third Street, Ste. 400, Wilmington, NC 28401

Telephone: 910-815-7125 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: 294 Military Cutoff Road

NEW HANOVER CO. PROPERTY IDENTIFICATION # (PIN): 312806.37.7755

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

TOTAL SITE ACRES/SQUARE FEET: 8.55 ac. (Tract Area) / 9.40 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.


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.

In response to growing concerns about housing affordability, Tribute is proud to commit


10% of the apartments to be affordable at the starting salaries of Wilmingtons Heroes-
teachers and police officers.

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
9.40 ac.+/-
Proposed
UMX (CD) Rezoning
9.40 ac.+/-
LegalDescriptionfor
ConditionalDistrictZoningMapAmendment
294MilitaryCutoffRoad

Beginning at a point in the western boundary of Military Cutoff Road (S.R. 1409), a
variable width public right-of-way; said point being the northeastern corner of the Peace
Baptist Church, Inc. property shown on a plat 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,
North 5404846 West, 1233.86 feet to a point; thence
North 4604945 East, 113.99 feet to a point; thence
North 3904316 East, 225.12 feet to a point; thence
South 5503757 East, 994.18 feet to a point; thence
South 8900612 East, 50.00 feet to a point; thence
South 0005348 West, 423.73 feet to a point; thence
North 8900612 West, 50.36 feet to a point; thence
North 5404846 West, 39.44 feet to the point and place of beginning, containing 9.40
acres, more or less.
AdjacentOwners'List294MilitaryCutoffRoad

Name Address City State Zip SitusAddress PIN


PeaceBaptistChurchInc 320MilitaryCutoffRd Wilmington NC 28405 320MilitaryCutoffRd 315810.46.4712
Michael&RitaMerritt 38PelicanDr WrightsvilleBch NC 28480 6826MarketSt 315810.47.3006
CrebProperties,LLC 6824MarketSt Wilmington NC 28405 6824MarketSt 315810.47.1109
Michael&RitaMerritt 38PelicanDr WrightsvilleBch NC 28480 6826MarketSt 315806.37.4648
3BS,LLC 6301TowlesRd Wilmington NC 28409 68261/2MarketSt 315806.37.4862
William&BrendaTowles 6301TowlesRd Wilmington NC 28409 6828MarketSt 315806.37.5974
WilkinsonProperties,LLC POBox167 WinstonSalem NC 27012 6830MarketSt 315806.38.6162
FranchiseRealtyInterstate POBox3992 Wilmington NC 28406 6840MarketSt 315806.48.1065
OgdenPlaza,LLC POBox3649 Wilmington NC 28406 6840MarketSt 315806.48.1065
F&SInvestments POBox868 WrightsvilleBch NC 28480 314HalyardCt 315806.47.8425
ChristianCardamone 316HalyardCt Wilmington NC 28405 316HalyardCt 315810.47.8324
Michael&PamelaKersting 6917RunningbrookTer Wilmington NC 28411 320HalyardCt 315810.47.8228
AlbertJayCottle 322HalyardCt Wilmington NC 28405 322HalyardCt 315810.47.8223
William&AnneKing 8012CountryHavenLn NewHill NC 27563 324HalyardCt 315810.47.8128
DeborahDeanBrown 326HalyardCt Wilmington NC 28405 326HalyardCt 315810.47.8123
AndreaChristineMurphy 1727CanadyRd Wilmington NC 28411 328HalyardCt 315810.47.8018
GregoryThomasBullocketal 308SmugglersCt Wilmington NC 28405 330HalyardCt 315810.47.8013
JudgeDerrickBest 322HalyardCt Wilmington NC 28405 332HalyardCt 315810.46.8918
PebbleCoveHOA,Inc POBox1656 WrightsvilleBch NC 28480 7001CovilFarmRd 315807.58.3067
ArboretumVillageMixedUseDevelopment
ExceptionalDesignProjectNarrative

ProjectDescription

ArboretumVillageproposesamixedusedevelopmentofapartments,commercialstorefronts
&offices.Additionalsiteimprovementsincludeaclubhouseandrecreationamenities,and
associatedparkingforalluses.

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

SiteAssessment

Asiteinventoryhasbeenmadeofthedevelopmenttract.Thisisaredevelopmentproposal.
The8.55acretractwaspreviouslyoccupiedbyamobilehomecommunity.Existing
improvementsincludebothpaved&graveleddrivesandconcretebuildingpads.

Vegetationisacombinationofbothpine&hardwoodtrees.Thesoilsvaryacrossthetract,and
includeLeonsand(Le)andKurebsand(Kr),whicharebothwelldrainedsoilclassifications.A
soilstestwillbemadetodeterminetheseasonalwatertabledepthandinfiltrationrate.No
wetlandshavebeenidentifiedwithintheprojectboundaries.

DevelopmentPlan

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


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

JustificationforImpact
ToOvercapacityStatusofMilitaryCutoffRoad
ConditionalDistrictRezoningof
ArboretumVillageMixedUseDevelopment


TrafficcountsprovidedforthesectionofMilitaryCutoffRoadinthevicinityofthe
proposedrezoningarepresentlyfoundtobeinexcessofitsreasonablecapacity,
translatingintoanFservicelevel.However,webelievethatthemeritsofthe
proposedplanaresufficienttomitigatethepotentialadditionalvolumeforthe
followingreasons:

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