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The Avenue Case Summary - City of Wilmington
The Avenue Case Summary - City of Wilmington
The Avenue Case Summary - City of Wilmington
Agenda Item # 1.
CASE SUMMARY A. Conditional District Rezoning
B. Special Use Permit
Planning Commission July 12, 2017
CD-12-1216 & SU-6-1216
Jeff Walton, 910-341-3260, jeff.walton@wilmingtonnc.gov
Case Overview
PROPOSAL and ANALYSIS
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
Station Road
Legend:
Hotel
Parking Deck
Office
Residential
serve as major accesses and gateways into the City of Wilmington. Protection of
these roadways is important and necessary to maintain and preserve the
undisturbed roadsides that are characterized by their natural woodlands and open
spaces. The continued protection of these scenic highways is also a valuable asset
to the tourism economy and enhances the attractiveness of the area for trade and
investment.
• UMX, Urban Mixed Use (Proposed) – 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. Typically these developments
will include creative development and redevelopment solutions such as integrated,
vertical mixed use and structured parking. This district is not intended to be applied
to the Central Business District (CBD), nor any of the historic districts.
A.4 Impact of Rezoning/Development on Public Services, Facilities, and Infrastructure
109,100
Shopping Center 7,187 164 635 925
Gross Square Feet
35,500
Supermarket 3,630 121 337 378
Gross Square Feet
High-Turnover
27,900
Sit-Down 3,547 372 516 392
Gross Square Feet
Restaurant
237
Hotel 1,936 126 143 171
Rooms
521
Apartments 3,281 259 304 233
Dwelling Units
Total Unadjusted Trips 21,332 1,301 2,177 2,162
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
Table A.4.1.4 Adjustments Due to Internal Capture* (Certified in Traffic Impact Analysis)
Average Weekday AM Peak Saturday
PM Peak
Land Use Size 2-way Volume Hour Midday
Hour Trips
Trips (ADT) Trips Peak Hour
Total Unadjusted Trips (from Table 4.1.3) 21,332 1,301 2,177 2,162
Table A.4.1.5 Proposed Volumes, Capacities and Levels of Service At Build Out
Road Volume Capacity V/C LOS
Current 39,474 29,300 1.34 F
Military Cutoff Road Projected + 16,375 - - -
Total 55,849 29,300 1.91 F
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
• The TIA approval letter notes that the effective operation of this section of Military Cutoff
Road is directly related to the limited number of signal phases at proposed Site Access 3,
Station Road, Arboretum Drive, and Covil Farm Road due to the fact that they are all “T”
intersections, or operate as such due to extremely low traffic volumes on one leg.
• The TIA approval further states to retain the operational integrity of this section of the
corridor it is imperative that a fourth leg is not added to these intersections. This may
preclude any future development on the north side of Military Cutoff Road that requires
access to the roadway at these intersections.
• Please note that the requested full-access median break at Site Access 3 does not meet the
spacing requirements of NCDOT’s Median Crossover Guidelines. The NCDOT Division
office is recommending approval of the full-access median break; however, final approval is
the responsibility of the NCDOT State Traffic Engineer.
A.4.5 Stormwater
• The requirements of the City of Wilmington Stormwater Management
Ordinance and the New Hanover County Erosion Control Ordinance would
apply.
• Since the site is located within the Conservation Area & Watershed Resource
Protection of the CAMA Land Use Classification Map, impervious surface
cannot exceed 25 percent of the total site acreage unless the project is
exceptionally designed.
• The applicant has not shown compliance with exceptional design, but would be
added as a condition if approved.
A.4.6 Parking
• Parking requirements would be addressed by the TRC with each development
plan submission.
Height increase
requested up to
75 feet
The UMX District, for which the applicant is requesting rezoning, sets forth the following
standards for building height:
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
Thus, a special use permit is required for all buildings seeking a maximum
building height of up to 75 feet.
a. That the use will not materially endanger the public health or safety if located
where proposed and developed according to the plan as submitted and approved
by the issuance of the special use permit;
b. That the use meets all required conditions and specifications;
c. That the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity; and
d. That the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the city's comprehensive plan, the CAMA
plan, and adopted special area plans (i.e. corridor plans, neighborhood plans,
Wilmington Vision 2020: A Waterfront Downtown Plan).
1) The property is currently zoned MHP, Manufactured Housing Park District and the
proposed zoning is UMX (CD), Urban Mixed-Use District (Conditional District).
2) The by-right height for structures within the UMX district is 45 feet.
3) A rezoning to UMX would allow structures up to 55 feet in height along arterial
streets when structured parking is provided. Structures above 55 feet in height to a
maximum of 75 feet are only allowed with issuance of a special use permit.
4) Structures above 55 feet in height to a maximum of 75 feet would require a 45-foot
setback from all property lines when abutting single-family zoning districts.
5) Single-family zoning abuts the subject site to the north and east.
6) The proposal includes five out of ten structures with a maximum height of up to 75
feet.
7) UMX requires a maximum building setback of 10 feet from Military Cutoff Road.
Building 1 complies with the setbacks of the UMX while Buildings 2 and 3 do not
comply with maximum building setbacks.
8) The Composite Growth Map of the Comprehensive Plan shows a Neighborhood
Node at Station Road and Military Cutoff, within an Area of Opportunity, as the
intended place type for the subject property. The Neighborhood Node specifies a low
intensity neighborhood center with small scale buildings of one to three stories in
height. No large scale Mixed-use Center is assigned to this location.
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
Mixed-use Development
1.5.1 Mixed-use centers should be made up of a diverse mix of uses and integrated
design that avoids segregation of uses. Centers should have well-planned
public spaces that bring people together and provide opportunities for active
living and social interactions.
1.5.2 Integration and mix of uses should be provided within all “Areas of
Opportunity” and “Mixed-use Centers” identified in the Growth Strategies
Maps. These developments may vary in scale and intensity, but should all
contribute to the city’s livability, manage future growth, and provide bike,
pedestrian, and transit accessible destinations.
1.5.3 The development of mixed-use activity centers with multimodal transportation
connections should be promoted. Convenient and accessible residential and
employment should be a part of mixed-use centers.
Application
The assignment of these scores are accurate but misleading, as the only type of mixed-use
center assigned to this location by the Comprehensive Plan is a low intensity Neighborhood
Node. As noted previously, the Comprehensive Plan was careful to not identify the property
as being located in a Mixed Use Center of higher intensity, due to its lack of necessary
connectivity to the greater road network. The scores give credit for a mixed use
development, but the location as proposed is not suitable for handling the traffic.
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
Policies 2 Transportation
Land Use and Transportation Coordination
2.1.2 Safe and attractive transportation choices among all modes should be
encouraged through street patterns that consider multimodal transportation
alternatives and access to and circulation between adjacent neighborhoods,
parks, and commercial and employment centers.
Application
The proposal does not present significant alternatives and access between adjacent
neighborhoods, parks, and commercial and employment centers.
Street Systems
2.2.2 New residential, commercial, and mixed-use developments that require
construction or extension of roadways should include a multimodal network.
The use of cul-de-sacs and dead-end streets should be minimized.
2.2.3 New development should be encouraged to connect to the existing street
network through collector streets, which should tie into the existing network at
multiple points to improve trip distribution and emergency access. Street stubs
for future connections should be encouraged.
2.2.4 Access management strategies should be applied based on the functional
characteristics of the roadway, surrounding land uses, and roadway users.
Curb cuts along public streets should be minimized. Internal connections
between parking lots should be encouraged.
Application
Fundamentally, the project is designed as a large, predominantly commercial, cul-de-sac
that empties all of its traffic onto Military Cutoff. The project does not connect to an existing
street network at multiple points to improve trip distribution. One potential connection via a
minor street stub has been proposed. While curb cuts on to Military Cutoff Road have been
minimized, this is not by choice but rather by mandate, in an effort to manage access and
egress from the site. The minimization of curb cuts along Military Cutoff Road at the project
is not able to address bigger issues of traffic volume based on the potential number of trips
per the TIA.
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
Pedestrian-oriented Placemaking
9.3.1 Mixed-use buildings and multi-use development sites should be encouraged
where appropriate. Infill development that creates a destination for existing
land uses should include opportunities for cross-site pedestrian connections,
shared parking arrangements and other strategies to enhance mixed-use
environments.
9.3.2 Comfortable, safe, and convenient pedestrian places should be promoted
through buildings that face the street, avoidance of deep front setbacks, and
providing direct pedestrian connections and entries along the public space
network.
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
Application:
From an economic standpoint, the project offers the promise of additional services,
employment and a significant addition to the tax base. From a transportation standpoint, the
project fails to address significant concerns regarding regional mobility and connectivity.
These mobility concerns appear to outweigh the economic benefits.
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
CONCLUSIONS
The proposed development has numerous desirable features consistent with the policies of
the Comprehensive Plan. The concern is the potential number of trips and the intensity of
this development at this location on Military Cutoff Road. All traffic movements to and from
the project would be on Military Cutoff Road that is already overcapacity. The secondary
access would be on Station Road, a 2-lane road that ends at an unsignalized intersection of
Market Street. Looking at other major commercial developments and destinations in the
area, the property lacks access to a second major road to offset traffic. Consider the
developments listed below, several of which are not of the size of this project, but for which
no less that two significant means of access are available.
In sum, the proposal is a major destination-type project in the wrong location with insufficient
road system connectivity to distribute the heavy traffic volumes generated by the
development. Despite efforts by the applicant to mitigate the development’s traffic impact on
Military Cutoff Road, the projected 40+ % increase in traffic on a critical, already heavily
congested major thoroughfare is the overriding issue that must be given precedence.
6. All requirements of the Traffic Impact Analysis ("TIA") shall be followed. The developer
shall submit a separate phasing study for each phase of development to determine
which improvements identified in the TIA approval letter shall be constructed with the
development phase. All developer required improvements for each phase shall be
constructed by the developer prior to the issuance of Certificates of Occupancy in the
respective phases of development. In the event this property is not developed as part of
a master plan, an approved traffic impact analysis for this property shall be required prior
to the approval of a site plan for this property.
7. Any necessary acquisition and/or dedication of land for rights-of-way for developer
required improvements shall be made by the owners and at their expense.
8. Pedestrian circulation shall be clearly defined with paving materials and/or landscaping
and shall connect all uses. Sidewalks and crosswalks shall be provided within new
developments. Bicycle and/or pedestrian connectivity to adjacent or nearby
developments shall be required.
9. Pedestrian connections and/or easements shall be extended to Arboretum Drive to the
northeast and all properties adjacent to the subject site along the southern property line
along Old MacCumber Station Road.
10. Architectural consistency and controls regarding theme and project identity shall be
provided. Visual interest shall be created with well-designed building facades, storefront
windows, and attractive signage and lighting. Poorly articulated, monolithic or box-like
facades shall be avoided, especially those placing large, blank walls adjoining public
spaces.
11. The proposed stormwater shall be managed through low impact development such as
underground infiltration, use of pervious pavements and disconnection of impervious
surfaces in the overall stormwater design. The stormwater management plan shall
comply with all city of Wilmington and NC-DEMLR stormwater management rules and
regulations
12. Bus/Transit service shall be compliant with the Cape Fear Transit Authority to ensure
adequate public transit service.
13. The applicant shall demonstrate increased preservation of trees in excess of minimum
city code requirements.
14. All existing protected trees not located within the building foot print or impacted by
essential site improvements shall be preserved or mitigated.
15. 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.
16. The creative standard shall not be used to satisfy the streetyard landscaping
requirements.
17. All site lighting shall be located, angled, shielded, and/or limited in intensity so as to cast
no direct light upon adjacent properties, shall minimize off-site backlighting glare, and
up-lighting. Light posts shall be no taller than twelve (12) feet
18. The design of all above-grade parking structures shall relate to the context of the area.
Exterior walls of parking structures shall be designed with materials, colors, and
architectural articulation in a manner that provides a visual compatibility with adjacent
buildings and environment.
19. All proposed sidewalks along all proposed public or private streets shall be at least 12
feet in width.
20. All city, state and federal regulations shall be followed.
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CD-12-1216 SU-6-1216 349 Military Cutoff Road
NEIGHBORHOOD CONTACT
Planning Commission City Council
Signs Posted 6/26/17 8/2/17
Property Owner Letters 6/26/17 8/2/17
Advertisement Date(s) 7/7/17 8/4/17 & 8/11/17
Other – Contact(s) Bill Shell, Bill Lynch, Michael None
Praat
ACTIONS TO DATE
ATTACHMENTS
1. Conditional District Rezoning and Special Use Permit application (Dated 10/21/16)
2. Aerial Map (Dated 11/21/16)
3. Location and Zoning Map (Dated 7/5/17)
4. Create Wilmington Growth Strategies Map (Dated 11/21/16)
5. Approved Traffic Impact Analysis Letter (Dated 6/9/17)
6. City Policy: Options to Mitigate Impact of Rezonings on Overcapacity Roads
7. Applicant’s Response to Overcapacity Roads (Dated received 10/21/16)
8. Community Meeting Report (Dated 12/15/16)
9. Building Elevations (Dated 10/19/16)
10. Proposed Site Plan (Dated 7/5/17)
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CD-12-1216
SU-6-1216
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Exhibit “A”
1. The proposed rezoning would allow for a more viable land use and is consistent with City Council’s
economic development priorities.
a. The proposal improves the form and function of an underutilized site and maximizes land use efficiency
based on area characteristics such as existing infrastructure, unique site characteristics, adjacent uses,
needs of the community and geographic location.
2. The proposed rezoning would ensure a more efficient transportation system relative to:
a. Location - The site is located at an interconnected node of two major roads so that vehicle trips would be
dispersed to at least two arterial roadways, or one arterial road and one collector street (as identified by
the WMPO Functional Classification Map).
b. Interconnectivity - The proposal provides interconnections to adjacent developments and/or to signalized
intersections or completes a collector road network.
c. Access management - The proposal incorporates shared driveways for multiple uses, provides frontage
roads and/or alleyways, or closes existing driveways.
d. Traffic calming - The proposal incorporates appropriate traffic calming measures on roadway
connections to and from adjacent developments.
e. Access to Public Transportation - The site is located along an established transit route and the proposal
incorporates and provides for a public transit stop and shelter (Coordinated with WAVE Transit).
f. Access to Bicycle & Pedestrian Facilities - The site is located adjacent to a city designated bicycle and/
or pedestrian route or a facility that connects to a designated route.
3. The proposed rezoning would ensure a more efficient and/or environmentally sensitive develop-
ment pattern relative to:
a. Mix of uses - The requested rezoning is for a mixed-use zoning classification or a conditional district that
incorporates a mix of compatible uses.
b. Environmental design - The proposal meets or exceeds exceptional design criteria, employs low-impact
development (LID) techniques, meets LEED or comparable standards in building designs or meets
applicable watershed restoration recommendations.
4. The impact of any additional traffic generated by the proposed rezoning would be mitigated by a
scheduled/funded city or state transportation project or by guaranteed developer improvements.
a. There is a currently funded project within the city’s Capital Improvements Program;
b. There is a currently funded project within the NC DOT Transportation Improvement Program;
c. The proposal includes improvements over and above those identified as part of an approved traffic
impact analysis; or
d. The proposal incorporates improvements consistent with applicable adopted plans.
5. Site is a redevelopment/reuse of a previously developed site and would result in improved site
conditions relative to:
a. Stormwater management - The redevelopment would result in a net decrease in impervious coverage
and/or an improvement to onsite stormwater treatment (water quality) and storage (water quantity).
b. Landscaping - The redevelopment includes landscaping that significantly exceeds minimum
requirements.
c. Aesthetics - The redevelopment would be compatible with and/or would enhance the character of the
surrounding area consistent with applicable adopted plans.
6. The proposed development would positively impact other critical infrastructure, including but not
limited to:
a. Overcrowded schools
b. Regional stormwater management
c. Bike paths / multi-use trails
d. Crosswalks (at locations necessary to traverse the overcapacity road)
e. Parks and recreational land and facilities
f. Preservation of environmentally sensitive land substantially above minimum requirements
REPORT OF COMMUNITY MEETING REQUIRED BY THE WILMINGTON CITY CODE
FOR CD REZONING
Case No.:
The Avenue
The undersigned hereby certifies that written notice of a community meeting on the above zoning application was
given to the adjacent property owners set forth on the attached list by first class mail on April 22, 2013. A copy of
the written notice is also attached.
The meeting was held at the following time and place: November 28, 2016
NE New Hanover County Library
5pm to 6:30pm
As a result of the meeting, the following changes were made to the rezoning petition:
• No changes were requested and none have been made to the plan as a result of the meeting.
Date: 12/15/16
2
68' 6"
Wilmington, NC
ROY CARROLL © 2015 CIP CONSTRUCTION
10-19-2016
B3.1
2
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Building 4 side Elevation
69' 3"
81' 11"
unoccupied tower element
mk
Wilmington, NC
ROY CARROLL © 2015 CIP CONSTRUCTION
10-19-2016
B4.1
75'-0"
3
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Building 7 side Elevation
Wilmington, NC
ROY CARROLL © 2015 CIP CONSTRUCTION
10-19-2016
B7.1
2
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B8.1 scale: 3/32" = 1'-0"
match line match line
3
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Building 8 side Elevation
75' 0"
mk
Wilmington, NC
ROY CARROLL © 2015 CIP CONSTRUCTION
10-19-2016
B8.1
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Building 9 front Elevation
75' 0"
mk
Wilmington, NC
ROY CARROLL © 2015 CIP CONSTRUCTION
10-19-2016
B9.1
SITE ADDRESS: 347, 349 MILITARY CUTOFF RD, 565 MILITARY CUTOFF RD,
302, 306 LANCE DR, 128 E WESTWOOD DR
DEED REFERENCE: DEED BOOK 1335 PAGE 019, DEED BOOK 5619 PAGE 1573,
DEED BOOK 1220 PAGE 1622, DEED BOOK 5949 PAGE 965,
DEED BOOK 2587 PAGE 146, DEED BOOK 9901 PAGE 501 CURRENT OWNERS:
BURTON REBECCA V & STEVEN M
BUILT-UPON AREA: MAXIMUM BUILT-UPON AREA SHALL BE IN COMPLIANCE WITH
5450 DONA RD
STATE AND LOCAL REQUIREMENTS.
JULIAN, NC 27283
THIS SITE IS A DESIGNATED AREA OF HIGH INTENSITY FROM THE COMP PLAN.
HUDSON NILA MCDOWELL
PO BOX 15926
MAXIMUM BUILDING AREA: 1,750,000 S.F.
MATCH LINE WILMINGTON, NC 28408
TOWLES WILLIAM B
6301 TOWLES RD
WILMINGTON, NC 28409
DEVELOPER:
THE CARROLL COMPANIES
201 N. ELM STREET
SUITE 201
GREENSBORO, NC 27401
336-814-3260
MATCH LINE
SITE INFORMATION:
SITE ACREAGE: 44.50± Ac.±
SITE ADDRESS: 347, 349 MILITARY CUTOFF RD, 565 MILITARY CUTOFF RD,
302, 306 LANCE DR, 128 E WESTWOOD DR
DEED REFERENCE: DEED BOOK 1335 PAGE 019, DEED BOOK 5619 PAGE 1573,
DEED BOOK 1220 PAGE 1622, DEED BOOK 5949 PAGE 965,
DEED BOOK 2587 PAGE 146, DEED BOOK 9901 PAGE 501 CURRENT OWNERS:
BURTON REBECCA V & STEVEN M
BUILT-UPON AREA: MAXIMUM BUILT-UPON AREA SHALL BE IN COMPLIANCE WITH
5450 DONA RD
STATE AND LOCAL REQUIREMENTS.
JULIAN, NC 27283
THIS SITE IS A DESIGNATED AREA OF HIGH INTENSITY FROM THE COMP PLAN.
HUDSON NILA MCDOWELL
PO BOX 15926
MAXIMUM BUILDING AREA: 1,750,000 S.F.
MATCH LINE WILMINGTON, NC 28408
TOWLES WILLIAM B
6301 TOWLES RD
WILMINGTON, NC 28409
DEVELOPER:
THE CARROLL COMPANIES
201 N. ELM STREET
SUITE 201
GREENSBORO, NC 27401
336-814-3260
MATCH LINE