Loading...
Rezoning Application Submittal documents 1 2 2 C I N E M A D R I V E, W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 Date: November 1, 2022 Ruth Avenue Tract Conditional Zoning Supplemental Information Project Narrative Paramounte Engineering (PEI) is working for the developer, Stout Operating Firm, LLC, on the requested conditional rezoning of the subject + 10.9 acres of property located at the end of Ruth Avenue and adjacent to the new Military Cutoff Extension (MCOE) . The land is currently primarily zoned B-2 with a small portion of R-15. The parcels are located in New Hanover County and are further identified as: + 5.65 acres located at 7011 Ruth Avenue (PID R04409-004-006-000), zoned B-2 + 3.43 acres of utility easements associated with the MCOE located at 7001 Market Street (PID R04400-002-008-000), zoned B-2 + 0.31 acres located at 7035 Market Street (PID R04400-002-016-000), zoned R-15 + 0.35 acres located at 7032 Ruth Avenue (PID R04409-004-004-000), zoned R-15 In addition to the developable land area, the + 10.9 acres of land purchased for this development includes all of the Ruth Avenue Private Right-of-Way, and the existing road will be maintained by the developer/property owner’s association. This subject site is currently owned by various members of the Nixon family heirs and/or family trusts with this landholding, as well as the land around the subject property, dating back over 100 years and several generations of the Nixon family. Over time, the family members have sold or developed portions of their landholdings. Most recently, NCDOT acquired Nixon land to construct the MCOE connection to Market Street. With this new road construction, this rezoning’s subject parcels were cut off from connection to other single family areas, with exception to the family’s existing properties along Ruth Avenue. The subject site was part of a 17 lot single family subdivision. 8 lots were developed as single family homes for the Nixon family and are owned by various members of the family; however, the remaining 9 lots were platted but not developed. The family now wishes to abandon the previous undeveloped single family lots as well as two developed single family lots they own and is selling the land for development by others. Most of the proposed development is zoned in the B-2 Regional Business zoning district which allows for a wide variety of commercial uses such as car lots and big to small retail stores. However, this site has no direct visibility for Market Street and a row of businesses already exist along Market, making this a second row commercial tract. The site does have direct visibility, but no access from the new MCOE. These two factors make development of the land as commercial in the existing zoning difficult. The land is bordered by the commercial corridor along Market and the new highway, but also by Duke Power’s utility substation and New Hanover County’s Ogden Park. As previously mentioned, Ruth Avenue and derelict homes along Market Street are the only single family uses near the property. Page 2 of 3 The future land use plan identifies roughly 266 acres in and around the subject site as Urban Mixed Use. This place type designations promotes a variety of land uses compatible with, but other than the traditional commercial uses allowed in B-2. One compatible land use is multi-family housing. By developing this site as multi-family, it creates a classic development transition found in Urban Mixed Use projects in which the commercial is located along the arterial roads, like Market Street, transitions to a less intense, but dense use or housing typology, like multi-family, and then transitions to civic uses like parks, churches and utilities before transitioning to single family. Because of the relatively low impact to the surrounding land uses and the physical location of the property, multi- family is a well-suited land use on the subject property. The site is most accessible by Ruth Avenue, which is proposed as the primary access; however a multi-family project is generally best designed with an alternate access. Therefore, the developer is proposing to include a parcel accessing Market Street for the purpose of a project access. At this time, we believe NCDOT will only allow a right in/ right out at this location. The trip generation for 144 units does not exceed the amount of trips that require a traffic impact analysis, but the developer is working with a traffic consultant and NCDOT on project related road design requirements. If a rezoning is granted, the developer will continue work with NCDOT to determine the fully engineered design of the road connection and associated improvements. The primary access along Ruth Avenue will be controlled by the developer and maintained for use by the existing properties along the road. Proposed Conditions The development will be built in accordance with the conditional rezoning plan, the UDO, and any approved modifications to the plan. Conditional Zoning District Considerations – Criteria: 1. How would the requested change be consistent with the County’s policies for growth and development? The County plans and policies promote higher density and mixed-use development along major corridors with transitions from major corridors to denser housing to less dense housing. This project establishes infills the transition especially now that the new highway is being constructed. The property is located adjacent to the intersection of Market Street and the Military Cutoff Extension, making it more appropriate for higher density housing close to major arterial/highway collector roads. The site’s location is not only good for proximity to and intersection of major road networks, it is also located directly behind commercial and nearby to regional commercial shopping centers, like Mayfair. 2. How would the requested conditional Zoning District be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map? The subject property is classified as Urban Mixed Use in the County’s Comprehensive Plan. This place type promotes development of a mix of residential, office, and retail uses at higher densities. Muti- family residential uses are preferred in this place type, with a moderate to high ideal density. The multi-family is located near commercial but will also provide access easement to a planned adjacent small office. This development will give the office access to both Ruth Avenue and improved, safer access to Market Street than the site currently has. As such, the planned interconnectivity furthers Page 3 of 3 integrated mixed uses, even by different developers. Residential buildings are recommended to be 2-5 stories in height, such as we propose. Overall, the proposal is consistent with the use, density, and height recommendations of the Urban Mixed Use place type and support the County’s policy to increase density in Urban Mixed Use areas within close proximity to the City of Wilmington. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? While the existing site is primarily zoned B-2 with single family platted, undeveloped lots, circumstances have changed this site since that zoning action. The NCDOT’s Military Cutoff Extension project bisected the property and occupies an additional + 3.5 acres in utility easements. The remnant land is encumbered and cut off from area single family, except the land seller/family’s single family lots along Ruth Avenue. Now that the MCOE is in place and about to open for use, the site is more appropriate for a higher density housing but is not well suited for commercial due to restricted access from major arterials. Also, a multi-family residential development would be more compatible with the existing homes on Ruth Ave than if the property was developed under the current B-2 zoning. Table 1: Site Trip Generation Summary Land Use (ITE Code) Intensity Daily Traffic (vpd) Weekday AM Peak Hour Trips (vph) Weekday PM Peak Hour Trips (vph) Enter Exit Total Enter Exit Total Multifamily Housing (Mid-Rise) (221) 144 units 640 12 40 52 34 23 57 October 26, 2022 RE: Meeting Notes for Neighborhood Meeting -Ruth Avenue Tract (Nixon Properties) Paramounte Engineering, Inc. and Stout Ventures, LLC hosted an open house style Neighborhood Meetings after notifying adjacent property owners of the meeting held on Wednesday, October 26, 2022, from 5:00-7:00 PM. All attendees support the project. Relatives of/adjacent landowners of the Nixon Property owner and one adjacent neighbor attended the meeting. Paramounte Engineering (PEI) and the developer representatives gave a brief presentation of the project to attendees and answered questions about site access. The relatives of the property owner shared the history of the site dating back to the original family member owner of the land, a great, great grandmother. The land has been in the Nixon family for many generations and they are now ready to sell this portion of their property. One neighbor plans to construct an office on the adjacent tract and requested an easement and vehicular access from the subject property’s entrance road. The developer representatives agreed, and PEI subsequently revised the plan to include the additional access. The advantage of the shared access is the elimination of one driveway conflicting with this proposed site access. This revision also creates safer access for the neighbor’s office. NIXON ASSOCIATES LLC 1033 CRANFORD DR WILMINGTON, NC 28411 6991 MARKET ST WILMINGTON MT ARARAT AME CHURCH TRUSTEES 7061 MARKET ST WILMINGTON, NC 28411 7061 MARKET ST WILMINGTON HOSTETLER MELISSA 1125 HARBORSIDE CT WILMINGTON, NC 28411 7053 RUTH AVE WILMINGTON NIXON CARRIE L 32 HAMPTON DR CASTLE HAYNE, NC 28429 7048 RUTH AVE WILMINGTON WILLIAMS LOUISE EVANS 7047 MARKET ST WILMINGTON, NC 28405 7047 MARKET ST WILMINGTON CAROLINA POWER & LIGHT CO PO BOX 1110 WILMINGTON, NC 28402 209 OGDEN PARK DR WILMINGTON JWC LLC PO BOX 895 WRIGHTSVILLE BEACH, NC 28480 7018 MARKET ST WILMINGTON JWC LLC PO BOX 895 WRIGHTSVILLE BEACH, NC 28480 7016 MARKET ST WILMINGTON MAKI HOLDINGS LLC 2109 WHISKEY BRANCH DR WILMINGTON, NC 28409 7036 MARKET ST WILMINGTON SPICER SHERLENE RENE 3032 THAYER ST NE WASHINGTON, DC 20018 7034 MARKET ST WILMINGTON FALL LINE PROPERTIES LLC 1200 LINDSAY ST E GREENSBORO, NC 27405 7014 MARKET ST WILMINGTON NIXON RUTH M 1033 CRANFORD DR WILMINGTON, NC 28411 7049 RUTH AVE WILMINGTON CERVANTES ALVARO MARIA 7015 MARKET ST WILMINGTON, NC 28401 EVANS ROBERT ETAL 7037 MARKET ST WILMINGTON, NC 28405 7037 MARKET ST WILMINGTON NIXON ASSOCIATES LLC 1033 CRANFORD DR WILMINGTON, NC 28411 7035 MARKET ST WILMINGTON MCCALL SAM FAMILY LIMITED PARTNERSHIP 215 ROBBINS ST GREENSBORO, NC 27416 7019 MARKET ST WILMINGTON CERVANTES ALVARO 7015 MARKET ST WILMINGTON, NC 28411 7043 MARKET ST WILMINGTON NC DEPARTMENT OF TRANSPORTATION 1546 MAILSERVICE RD RALEIGH, NC 27611 6981 MARKET ST WILMINGTON NIXON ASSOCIATES LLC 1033 CRANFORD DR WILMINGTON, NC 28411 7001 MARKET ST WILMINGTON LEES CUT INVESTMENTS LLC PO BOX 476 WRIGHTSVILLE BEACH, NC 28480 7021 MARKET ST WILMINGTON CERVANTES ALVARO MARIA 7015 MARKET ST WILMINGTON, NC 28401 7015 MARKET ST WILMINGTON ENOCH CHAPEL MISSIONARY BAPTIST CHURCH 7011 MARKET ST WILMINGTON, NC 28405 7011 MARKET ST WILMINGTON CHASE & DYLAN MIHALY LLC 7500 ANACA POINT RD WILMINGTON, NC 28411 7031 MARKET ST WILMINGTON NIXON SANDRA L 5317 BLUE SAGE DR RALEIGH, NC 27606 7044 RUTH AVE WILMINGTON NIXON CORNELIUS E III 5317 BLUE SAGE DR RALEIGH, NC 27606 7040 RUTH AVE WILMINGTON NIXON CORNELIUS E REV TRUST 1033 CRANFORD DR WILMINGTON, NC 28411 7032 RUTH AVE WILMINGTON WILLIAMS KENNETH L GLORIA E 7036 RUTH AVE WILMINGTON, NC 28411 7036 RUTH AVE WILMINGTON C310 CAMPUS PROPERTIES LLC 2180 TALMAGE DR LELAND, NC 28451 7028 MARKET ST WILMINGTON NIXON RONALD E GWENDOLYN S 7033 RUTH AVE WILMINGTON, NC 28411 7033 RUTH AVE WILMINGTON BLOODWORTH JOANN NIXON 9623 BAYVIEW PKWY CHARLOTTE, NC 28216 7045 RUTH AVE WILMINGTON NIXON ALICIA MARIE 1541 EASTBOURNE DR WILMINGTON, NC 28411 7041 RUTH AVE WILMINGTON KAHAM CAROLYN NIXON 5317 BLUE SAGE DR RALEIGH, NC 27606 7037 RUTH AVE WILMINGTON YOUNG SARAH VICTORIA 1912 PIPER RIDGE CT WALNUT CREEK, CA 94597 7032 MARKET ST WILMINGTON CORNELIUS NIXON TRUSTB 1033 CRANFORD DR WILMINGTON, NC 28411 7011 RUTH AVE WILMINGTON CARDINAL LANES, INC.7026 MARKET STREET WILMINGTON, NC 28411 7022,7026 MARKET ST WILMINGTON 1 August 10, 2022 22143.PE Nixon Associates, LLC Tract A PARID: R0400-002-008-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by Nixon Associates, LLC, as shown in Deed Book 3174, Page 337 (PARID: R04400-002-008-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron pipe found (NC Grid coordinates of N: 190449.41, E: 2355119.66) at the southeast corner of Map Book 38 at Page 266. Thence with the eastern line of Map Book 38 at Page 266, N 56°33’42” W – 230.03 feet to an iron pipe found and the southeastern corner of Lot 9. Thence with the southern line of Lot 9 the following courses; S 33°40’26” W – 64.10 feet to an iron pipe found; S 33°39’28” W – 208.61 feet to an iron pipe found. Said iron pipe found is the principal place of beginning. Thence with the western line of Enoch Chapel Missionary Baptist Church as shown in Deed Book 5498 at Page 2602 the following courses; S 56°33'43" E - 250.02 feet to a NCDOT right of way disk found; S 51°24'39" E - 57.21 feet to an iron rod set on the northern right of way of US 17; Thence with the northern right of way of US 17 the following courses; S 38°32'43" W - 18.87 feet to a point; S 39°38'50" W - 70.59 feet to a point; Thence with the eastern line of NCDOT as shown in Deed Book 6148 at Page 1696 the following courses; N 87°14'35" W - 134.41 feet to a point; N 50°21'10" W - 439.74 feet to a point; N 48°46'40" W - 162.07 feet to a point; N 42°09'30" W - 165.92 feet to a point; N 35°47'25" W - 163.12 feet to a point; N 30°27'04" W - 190.48 feet to an iron rod set; Thence with the western line of Carolina Power and Light Company as shown in Deed Book 1438 at Page 500, S 55°49'38" E - 586.82 feet to an iron rod set; Thence with the northern line of The Cornelius Nixon Trust as shown in Deed Book 1778 at Page 220, S 42°36'23" W - 83.31 feet to a point; Thence with the western line of The Cornelius Nixon Trust, S 56°33'42" E - 326.40 feet to an iron pipe found. Said Iron pipe found is the principal place of beginning. Having an area of 149,524 square feet or 3.43 acres, more or less. August 10, 2022 22143.PE The Cornelius Nixon Trust Tract B PARID: R04409-004-006-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by The Cornelius Nixon Trust, as shown in Deed Book 1778, Page 220 (PARID: R04409-004-006-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron pipe found (NC Grid coordinates of N: 190449.41, E: 2355119.66) at the southeast corner of Map Book 38 at Page 266. Said iron pipe found is the Principal Place of Beginning for this description. Thence with the eastern line of Alvaro & Maria Cervantes as shown in Deed Book 5172 at Page 2191 and Map Book 38 at Page 266, N 56°33'42" W - 230.03 feet to an iron pipe found; Thence with the northern line of Alvaro & Maria Cervantes, S 33°40’26” W – 64.10 feet to an iron pipe found; Thence with the northern line of Enoch Chapel Missionary Baptist Church as shown in Deed Book 5498 at Page 2602, S 33°39’28” W – 208.61 feet to an iron pipe found; Thence with the eastern line of Nixon Associates, LLC as shown in Deed Book 3174 at Page 337, N 56°33'42" W - 326.40 feet to a point in the centerline of the former S.C.L. Railroad (abandoned); Thence with the centerline of the former S.C.L. Railroad, N 42°36'23" E – 630.39 feet to an iron rod set at the northwestern corner of Lot 16R as shown in Map Book 49 at Page 189; Thence with the western line of Lot 16R and Ronald Edward Nixon as shown in Deed Book 4994 at Page 164, S 52°09'49" E - 239.53 feet to an iron rod set on the right of way of Ruth Avenue (50-foot Private Right of Way); Thence with a curve turning to the left with a radius of 50.00 feet, with an arc length of 138.29 feet, with a chord bearing of S 82°45'43" E, with a chord length of 98.24 feet, and a delta angle of 158°28'09", to an iron rod set; Thence with the western line of a 50-foot wide private right of way, S 52°09'54" E - 106.95 feet to an iron rod set; Thence with the northern line of Chase & Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, S 43°25'10" W - 9.25 feet to an iron rod found; Thence with the northern lines of Lees Cut Investments, LLC as shown in Deed Book 2590 at Page 399, Sam McCall Family Limited Partnership as shown in Deed Book 5289 at Page 2506, and Alvaro & Maria Cervantes as shown in Deed Book 5172 at Page 2191, S 29°25'43" W - 358.22 feet to an iron pipe found. Said Iron pipe found is the principal place of beginning. Tract B having an area of 245,930 square feet or 5.65 acres, more or less. August 10, 2022 22143.PE Cornelius Nixon Share A Trust Tract D PARID: R04409-004-004-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by Cornelius Nixon Share A Trust, as shown in Deed Book 5604, Page 2246 (PARID: R04409-004-004-000) and Lot 4R as shown in Map Book 49 at Page 189 of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron rod found at the southwest corner of Lot 4R as shown in Deed Book 5604 at Page 2246 and Map Book 49 at Page 189. Said iron rod found is the Principal Place of Beginning for this description. Thence with the western line of Lot 4R, N 52°10'00" W - 154.70 feet to an iron rod set on the southern line of Ruth Avenue (50’ wide private right of way, Map Book 49, Page 189); Thence with the southern line of Ruth Avenue, N 41°24'17" E - 101.18 feet to an iron rod set; Thence leaving Ruth Avenue and with the western line of Lot 3R as shown in Deed Book 5099 at Page 186 and Map Book 49 at Page 189, S 48°35'43" E - 157.62 feet to an iron rod found; Thence leaving the western line of Lot 3R and with the northern line of Nixon Associates, LLC as shown in Deed Book 6268 at Page 2451 and the northern line of Chase and Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, S 43°25'10" W - 91.60 feet to an iron rod found. Said iron rod found is the principal place of beginning. Tract D having an area of 15,026 square feet or 0.35 acres, more or less. August 10, 2022 22143.PE Nixon Associates, LLC Tract E PARID: R04400-002-016-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by Nixon Associates, LLC, as shown in Deed Book 6268, Page 2451 (PARID: R04400-002-016-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron rod found at the southwest corner of Lot 4R as shown in Deed Book 5604 at Page 2246 and Map Book 49 at Page 189. Thence with the southern line of Lot 4R, N 43°25’10” E – 32.20 feet to an iron rod set. Said iron rod set is the Principal Place of Beginning for this description. Thence with the southern line of Lot 4R and 3R, N 43°25'10" E - 74.63 feet to an iron rod set; Thence leaving the southern line of Lot 3R and with the western line of Willie Blanche Evans as shown in Deed Book 2808 at Page 151, S 50°15'51" E - 184.04 feet to an iron rod set on the northern right of way of US 17; Thence with the northern right of way of US 17, S 39°17'39" W - 71.63 feet to an iron rod set; Thence leaving the right of way line of US 17 and with the eastern line of Chase & Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, N 51°07'29" W - 189.41 feet to an iron rod set on the southern line of Lot 4R. Said Iron rod set is the principal place of beginning. Having an area of 13,637 square feet or 0.31 acres.