ITEM PH1

OFFICE OF THE CITY MANAGER

(910) 341-7810 | FAX (910)341-5839
TDD (910)341-7873

7/18/2017

City Council
City Hall
Wilmington, North Carolina 28401

Dear Mayor and Councilmembers:

At your June 6, 2017 meeting, Council voted to continue this item to July 18th to allow time for the
applicant to amend the proposed site plan and provide additional information for the proposal. To
date, no additional information has been received for inclusion in your agenda packet. However, the
applicant advises that additional materials will be presented at your July 18th meeting.

Attached for your consideration is an ordinance approving a conditional district rezoning (CD-16-517)
of 6.95 acres located at 927 Military Cutoff Road and 0 Sir Tyler Drive. The proposal is to rezone the
subject site from O&I-1, Office and Institutional District-1 and SHOD, Special Highway Overlay
District to CB (CD), Community Business (Conditional District) for a commercial shopping center with
a specialty grocery store. An accompanying case summary follows the ordinance.

The proposed rezoning would allow for a commercial development that will add to the current mixture
of uses along Sir Tyler Drive and be compatible with the existing development pattern of the area.

The requested rezoning would be consistent with the City of Wilmington Focus Areas of Foster a
Prosperous, Thriving Economy, Support Efficient Transportation Systems, and Provide Sustainability &
Adaptability.

Staff recommends conditional approval of the requested rezoning. A community meeting was hosted
by the applicant on March 1, 2017. The Planning Commission held a public hearing regarding this
conditional district rezoning on May 3, 2017 and recommends conditional approval of the request.

If approved, the modification would allow a commercial development to locate on the site. If the
request is not approved, the property would retain its current O&I-1, Office & Institutional District
zoning designation and would be limited to the uses permitted in the O&I-1 district.

Passage of the attached Ordinance is recommended.

Respectfully submitted,

Sterling B. Cheatham,
City Manager

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 City Council
Ordinance City of Wilmington
North Carolina

Introduced By: Sterling B. Cheatham, City Manager Date: 6/6/2017

Ordinance Amending the Official Zoning Maps of the City Adopted March 27, 1984 to
Rezone Property Containing 6.95 Acres Located at 927 Military Cutoff Road and 0 Sir
Tyler Drive from O&I-1, Office and Institutional District-1 and SHOD, Special Highway
Overlay District to CB(CD), Community Business (Conditional District) for a Commercial
Shopping Center with a Specialty Grocery Store(CD-16-517)
LEGISLATIVE INTENT/PURPOSE:

WHEREAS, NCGS Section 160A-385 authorizes local governments to change or modify

zoning boundaries within their jurisdiction; and

WHEREAS, the amendment set out below is made in accordance with NCGS Section 160A-364
and Article 3, Section 18-117 of the Land Development Code.

THEREFORE, BE IT ORDAINED:

SECTION 1: The Official Zoning Maps of the City of Wilmington are hereby amended by
removing the hereinafter described tract of land from the present O&I-1, Office and Institutional
District-1 and SHOD, Special Highway Overlay District and putting it in the CB(CD),
Community Business (Conditional District) classification, said tract being more particularly
described as follows:

Tract E2B (6.46 Acres)

Division of Tract E2, Section 2 of Westfall Park
Map Book 51 Page 21
Wilmington Township New Hanover County
North Carolina

Commence at a point located in the east R/W line of Military Cut-Off Road (S.R. 1409 Public
R/W Varies) at its intersection with the north R/W line of Sir. Tyler Drive (60 Public R/W) as
shown on map entitled Division of Tract E2, Section 2 of Westfall Park recorded in Map Book
51 Page 21 of the New Hanover County Registry; thence along and with east R/W line of
Military Cut-Off Road (S.R. 1409 Public R/W Varies) North 04 degrees 08 minutes 08 seconds
East a distance of 145.04 feet to a point located at its intersection with north line of New Lot 1
as shown on map entitled Minor Subdivision Plat Property of Westfall Research Park recorded
in Map Book 58 Page 244 of the New Hanover County Registry, said point being the Point of
Beginning; thence along and with east R/W line of Military Cut-Off Road (S.R. 1409 Public
R/W Varies) North 04 degrees 08 minutes 08 seconds East a distance of 165.71 feet to a R/W

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disc; thence North 03 degrees 21 minutes 57 seconds East a distance of 344.61 feet to a mag
nail located at its intersection with the south line of Tract "E1" as shown on map entitled
Division of Tract E, Section 2 of Westfall Park recorded in Map Book 50 Page 344 of the New
Hanover County Registry; thence leaving east R/W line of Military Cut-Off Road and along and
with south line of aforementioned Tract "E1" South 84 degrees 31 minutes 12 seconds East a
distance of 231.32 feet to an existing iron pipe located in the east line of aforementioned Tract
"E1"; thence along and with east line of Tract E1 North 05 degrees 23 minutes 00 seconds
East a distance of 149.91 feet to threaded steel rod located in the north line of aforementioned
Tract "E1"; thence along and with north line of Tract E1 North 75 degrees 35 minutes 25
seconds West a distance of 20.09 feet to an existing iron rebar; thence North 74 degrees 57
minutes 19 seconds West a distance of 11.35 feet to an existing iron rebar; thence North 74
degrees 06 minutes 01 seconds West a distance of 8.21 feet to a point; thence North 49 degrees
14 minutes 02 seconds West a distance of 4.76 feet to a point; thence North 49 degrees 05
minutes 58 seconds West a distance of 33.39 feet to a R/W disc located in the east R/W line of
Military Cut-Off Road (S.R. 1409 Public R/W Varies); thence along and with east R/W line of
Military Cut-Off Road (S.R. 1409 Public R/W Varies) North 03 degrees 21 minutes 57 seconds
East a distance of 113.62 feet to a point located at its intersection with south line of Tract G as
shown on map entitled Division of Tract D-1 R, Section 2 of Westfall Park recorded in Map
Book 43 Page 380 of the New Hanover County Registry; thence leaving east R/W line of
Military Cut-Off Road (S.R. 1409 Public R/W Varies) and along and with south line
aforementioned Tract G South 70 degrees 03 minutes 25 seconds East a distance of 1.85 feet
to a point; thence South 72 degrees 31 minutes 19 seconds East a distance of 168.39 feet to a
point; thence North 78 degrees 35 minutes 22 seconds East a distance of 116.03 feet to a point;
thence South 66 degrees 42 minutes 23 seconds East a distance of 46.62 feet to a point located
at its intersection with west line of Tract E2C as shown on map entitled Division of Tract E2,
Section 2 of Westfall Park recorded in Map Book 51 Page 21 of the New Hanover County
Registry; thence leaving aforementioned south line of Tract G and along and with west line of
aforementioned Tract E2C South 07 degrees 32 minutes 38 seconds West a distance of 6.60
feet to a point; thence South 18 degrees 44 minutes 02 seconds West a distance of 30.89 feet to a
point; thence South 09 degrees 50 minutes 39 seconds West a distance of 28.08 feet to a point;
thence South 09 degrees 07 minutes 44 seconds West a distance of 27.47 feet to a point; thence
South 43 degrees 00 minutes 49 seconds West a distance of 22.03 feet to a point; thence South
25 degrees 51 minutes 58 seconds West a distance of 31.56 feet to an existing iron pipe; thence
South 06 degrees 13 minutes 06 seconds West a distance of 27.15 feet to a point; thence South
51 degrees 29 minutes 11 seconds West a distance of 13.75 feet to a point; thence South 49
degrees 23 minutes 38 seconds West a distance of 31.71 feet to a point; thence South 29 degrees
29 minutes 07 seconds East a distance of 22.03 feet to a point; thence South 07 degrees 51
minutes 26 seconds East a distance of 25.42 feet to a point; thence South 23 degrees 00 minutes
20 seconds East a distance of 37.16 feet to a point; thence South 01 degrees 25 minutes 44
seconds West a distance of 34.79 feet to a point; thence South 05 degrees 23 minutes 11 seconds
East a distance of 31.62 feet to a point; thence South 17 degrees 06 minutes 35 seconds East a
distance of 27.21 feet to an existing iron pipe; thence South 02 degrees 39 minutes 54 seconds

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East a distance of 47.88 feet to a point; thence South 11 degrees 48 minutes 11 seconds West a
distance of 25.08 feet to a point; thence South 09 degrees 05 minutes 28 seconds West a
distance of 23.47 feet to a point; thence South 03 degrees 16 minutes 19 seconds West a
distance of 25.89 feet to a point; thence South 26 degrees 51 minutes 36 seconds East a distance
of 15.93 feet to a point; thence South 14 degrees 15 minutes 01 seconds East a distance of 42.39
feet to a point; thence South 01 degrees 18 minutes 16 seconds East a distance of 37.43 feet to a
point; thence South 42 degrees 40 minutes 34 seconds West a distance of 33.60 feet to a point;
thence South 50 degrees 57 minutes 22 seconds West a distance of 31.59 feet to a point; thence
South 71 degrees 12 minutes 54 seconds West a distance of 30.78 feet to an existing iron pipe;
thence South 63 degrees 32 minutes 46 seconds West a distance of 13.89 feet to a point; thence
South 26 degrees 27 minutes 14 seconds East a distance of 8.21 feet to a point; thence South 82
degrees 25 minutes 07 seconds West a distance of 17.38 feet to an existing iron rebar; thence
South 59 degrees 08 minutes 34 seconds West a distance of 157.01 feet to a point located at the
northeast property corner of New Lot 1 as shown on map entitled Minor Subdivision Plat
Property of Westfall Research Park recorded in Map Book 58 Page 244 of the New Hanover
County Registry; thence along and with north line of aforementioned New Lot 1 South 78
degrees 37 minutes 21 seconds West a distance of 52.16 feet to a point; thence South 50 degrees
25 minutes 13 seconds West a distance of 29.17 feet to a point; thence North 84 degrees 37
minutes 00 seconds West a distance of 187.72 feet to point located in the east R/W line of
Military Cut-Off Road (S.R. 1409 Public R/W Varies) said point being the Point of Beginning;
containing 6.46 Acres, more or less and being all of Tract E2B Division of Tract E2, Section
2 of Westfall Park recorded in Map Book 51 Page 21 of the New Hanover County Registry,
North Carolina. However, subject to any easements as shown on said map and existing pond
site.

New Lot 1 (0.49 Acres)

Minor Subdivision Plat Property of Westfall Research Park
Map Book 58 Page 244
Wilmington Township New Hanover County
North Carolina

Beginning at a point located in the east R/W line of Military Cut-Off Road (S.R. 1409 Public
R/W Varies) at its intersection with the north R/W line of Sir. Tyler Drive (60 Public R/W) as
shown on map entitled Division of Tract E2, Section 2 of Westfall Park recorded in Map Book
51 Page 21 of the New Hanover County Registry; thence along and with east R/W line of
Military Cut-Off Road (S.R. 1409 Public R/W Varies) North 04 degrees 08 minutes 08 seconds
East a distance of 145.04 feet to a point located at its intersection with south line of Tract E2B
as shown on aforementioned Map Book 51 Page 21 recorded in the New Hanover County
Registry; thence leaving east R/W line of Military Cut-Off Road (S.R. 1409 Public R/W Varies)
and along and with south line of Tract E2B South 84 degrees 37 minutes 00 seconds East a
distance of 187.72 feet to a point; thence North 50 degrees 25 minutes 13 seconds East a
distance of 29.17 feet to a point; thence North 78 degrees 37 minutes 21 seconds East a distance
of 52.16 feet to a point located at its intersection with west line of New Lot 2 as shown on

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map entitled Minor Subdivision Plat Property of Westfall Research Park recorded in Map Book
58 Page 244 of the New Hanover County Registry; thence leaving aforementioned south line of
Tract E2B recorded in Map Book 51 Page 21 recorded in the New Hanover County Registry
and along and with west line of New Lot 2 recorded in Map Book 58 Page 244 of the New
Hanover County Registry South 58 degrees 59 minutes 14 seconds West a distance of 37.70 feet
to a point; thence South 55 degrees 51 minutes 22 seconds West a distance of 114.69 feet to a
point; thence South 21 degrees 17 minutes 37 seconds West a distance of 20.97 feet to a point;
thence South 66 degrees 34 minutes 37 seconds West a distance of 21.07 feet to a point; thence
South 05 degrees 29 minutes 44 seconds West a distance of 54.98 feet to a point located in the
north R/W line of Sir. Tyler Drive (60 Public R/W) as shown on map entitled Division of Tract
E2, Section 2 of Westfall Park recorded in Map Book 51 Page 21 of the New Hanover County
Registry; thence along and with north R/W line of Sir. Tyler Drive (60 Public R/W) North 84
degrees 37 minutes 00 seconds West a distance of 112.02 feet to the Point of Beginning;
containing 0.49 Acres, more or less and being all of New Lot 1 as shown on map entitled
Minor Subdivision Plat Property of Westfall Research Park recorded in Map Book 58 Page 244
of the New Hanover County Registry, North Carolina. However, subject to any easements as
shown on said map.

SECTION 2: The following rules, regulations, and conditions shall apply to the property
described in this ordinance:

1. The use and development of the subject property shall comply with all regulations and
requirements imposed by the Land Development Code, the City of Wilmington Technical
Standards and Specifications Manual and any other applicable federal, state or local law,
ordinance or regulation, as well as any condition stated below. In the event of a conflict, the
more stringent requirement or higher standard shall apply.
2. Approval of this conditional district rezoning does not constitute technical approval of the
site plan. Final approval by the Technical Review Committee and the issuance of all
required permits must occur prior to release of the project for construction.
3. If, for any reason, any condition for approval is found to be illegal or invalid or if the
applicant should fail to accept any condition following approval, the approval of the site
plan for the district shall be null and void and of no effect and proceedings shall be
instituted to rezone the property to its previous zoning classification.
4. The use and development of the subject property shall be in accordance with the plan as
submitted and approved.
5. The proposed uses shall be limited to a specialty grocery store, retail, and restaurants.
6. The size and intensity of the allowable uses shall be limited by the maximum daily trips
(6,786), PM peak hour trips (613), and Saturday trips (809) as prescribed by the approved
Traffic Impact Analysis.
7. The site must meet the standards for exceptional design for the proposed impervious
coverage.
8. All existing protected trees not located within the building foot print or impacted by
essential site improvements shall be preserved or mitigated.
9. The use of pine straw as ground cover shall be prohibited within ten (10) feet of any
combustible exterior construction.

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 10. Pedestrian connections shall be made to both Sir Tyler Drive and Military Cutoff Road.
Pedestrian circulation shall be clearly defined with paving materials and/or landscaping and
shall connect all uses.
11. 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.
12. The creative standard shall not be used to satisfy the streetyard landscaping requirements.
13. All requirements of the Traffic Impact Analysis (TIA) shall be followed.
14. The applicant should participate in future discussions regarding a signalized pedestrian
crossing at Sir Tyler Drive and Military Cutoff Road.
15. All city, state and federal regulations shall be followed.

SECTION 3: The City Clerk and the Planning Director are hereby authorized and directed
under the supervision of the City Manager to change the Zoning Maps on file in the office of the
City Clerk and the Planning Division, to conform with this ordinance.

SECTION 4: That any person violating the provisions of this ordinance, including the approved
site plan, shall be subject to the penalties set forth in Section 18-52 of the Land Development
Code.

SECTION 5: All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of such conflict.

SECTION 6: If any section, subsection, paragraph, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed severable and such holding shall not affect the
validity of the remaining portions hereof.

SECTION 7: That this ordinance shall be effective immediately upon its adoption.

Adopted at a ________________ meeting

on ____________________ 2017
Bill Saffo, Mayor

ATTEST: APPROVED AS TO FORM:

Penelope Spicer-Sidbury, City Clerk City Attorney

PH1-6
CASE SUMMARY Conditional District Rezoning
City Council July 18, 2017
CD-16-517
Brian Chambers, 910-342-2782, brian.chambers@wilmingtonnc.gov
Staff recommendation CONDITIONAL APPROVAL
Planning Commission recommendation 5/3/17; APPROVAL, 7-0
City Council action 6/6/17; Continued to 7/18/17 meeting
7/18/17; Scheduled for Public Hearing
Request
Address 927 Military Cutoff Road & 0 Sir Tyler Drive
Acreage Approximately 6.95 acres
Request Rezone from O&I-1, Office and Institutional District-1 and SHOD, Special
Highway Overlay District to CB (CD), Community Business (Conditional
District) for a commercial shopping center with a specialty grocery store
Applicant/Owner Westfall Research Park 36 Acre, LLC raiford@trasklandco.com
1202 Eastwood Road sara@trasklandco.com
Wilmington, NC 28403 (910)799-8755

***This report has been updated since the 6/6/17 City Council meeting***

Current Land Use & Zoning Aerial Map

Surrounding Area North South East West
Zoning O&I-1 O&I-1 O&I-1, CB O&I-1, R-15
Current Land Use Bank, vacant land Right-of-way, office Vacant land, Right-of-way,
commercial Mayfaire
Land Planning Data
Applicable Create Wilmington Comprehensive Plan
Plans/Policies City of Wilmington Adopted Focus Areas
CAMA Land Use Watershed Resource Protection

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CD-16-517 927 Military Cutoff Road

Case Overview
ANALYSIS

1. Zoning history
The site is part of the 1995 annexation area, effective January 31, 1999.
On August 4, 1998 the New Hanover County Commissioners approved a request to
rezone the site from R-15 and R-20 to O&I, Office & Institutional.
On June 23, 2004, the applicant withdrew a request to rezone the site from O&I, Office &
Institutional to CB, Community Business
2. Proposal
The applicant proposes to rezone the subject property from O&I-1, Office and
Institutional District-1 and SHOD, Special Highway Overlay District to CB (CD),
Community Business (Conditional District) for a commercial shopping center with a
specialty grocery store. Due to the building setback requirements of the SHOD, the
applicant proposes to remove the overlay to allow for the proposed building and site
configuration.
Figure 1. Proposed site plan (as presented at 6/6/17 City Council meeting)

3. Impacts on Public services, Facilities, and Infrastructure

3.1 Vehicular Traffic

Table 3.1.1 below indicates that Military Cutoff is currently operating above its designed
capacity at a level of service (LOS) of F and that Sir Tyler Drive is operating within its
design capacity at a LOS of C. Table 3.1.2 indicates that there would be a substantial
increase in the estimated vehicle trips associated with the proposal when compared to
the estimated build-out under the current zoning.

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CD-16-517 927 Military Cutoff Road

Based on the intensity of the proposed development a Traffic Impact Analysis (TIA) is
required. The TIA is currently under review by the Wilmington Metropolitan Planning
Organization (WMPO) and the North Carolina Department of Transportation (NC DOT).

Table 3.1.1 Current Volumes, Capacities and Levels of Service

Road Location Volume Capacity V/C LOS
Military Cutoff Road Just north of Sir Tyler Drive 39,474 29,300 1.35 F
Sir Tyler Drive Just west of Military Cutoff Road 5,236 10,000 0.52 C

Table 3.1.2 Estimated Trip Generation

PM Peak Sat Peak Average Weekday 2-
Zoning Land Use Intensity Hour Hour way Volume Trips
Trips Trips (ADT)
Existing Professional
75,685 square feet* 153 33 1,062
O&I-1 Office
Existing
Medical Office 75,685 square feet* 181 275 2,734
O&I-1
Grocery 23,000 square feet 218 245 2,352
Proposed Retail 26,500 square feet 343 525 4,078
CB(CD) Restaurant 2,800 square feet 52 39 356
TOTAL 613 809 6,786
Source: Institute of Transportation Engineers Trip Generation, 9th Edition, 2012. TRIP GENERATION BY Trafficware
TripGen 2013 8.0
* Intensity based on estimated 25% lot coverage

Figure 2. Surrounding Road Network

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CD-16-517 927 Military Cutoff Road

Access would be provided via existing driveway connections on Sir Tyler Drive and
Military Cutoff Road. The access on Sir Tyler Drive is proposed as a full movement
intersection and the access on Military Cutoff Road is proposed as right-in/right-out only.
A signalized left turn at the Military Cutoff Road access is also under consideration. Both
driveways would be constructed meet the citys technical standards.
There is an existing traffic signal located at the intersection of Sir Tyler Drive and Military
Cutoff Road, which will allow traffic to cross Military Cutoff Road and take advantage of
the road network and multiple road connections within the Mayfaire development.
A future road connection will also be made between Sir Tyler Drive and Fresco Drive, via
Ashes Drive, providing access to a second signalized intersection for traffic leaving Sir
Tyler Drive. The Ashes Drive connection is part of the Renaissance II project, which was
release for construction in June 2016. The anticipated start date for the project is not
known.
While this project may result in an increase in traffic generated at this location, staff
believes the existing and planned road connections as well as the access to two existing
signalized intersections will allow for traffic to be adequately dispersed and help mitigate
the potential impact.

3.2 Bicycle and Pedestrian Facilities

The proposed site plan includes pedestrian connections to both Sir Tyler Drive and
Military Cutoff Road (Multi-use Path).
A minimum of ten bicycle parking spaces would be required and a total of ten bicycle
parking spaces are proposed.
Due to the projects location on the east side of Military Cutoff Road, the existing bus
route and transit stop within the Mayfaire mixed-use development, and the demand for a
safe bicycle and pedestrian connection across Military Cutoff Road, staff believes it is
prudent to explore the feasibility of a signalized pedestrian crossing at the intersection of
Military Cutoff Road and Sir Tyler Drive. This crossing would require coordination
between the NC DOT, WMPO, the citys Traffic Engineering Division, and private
property owners on both sides of intersection.

3.3 Public Utilities

The site has access to water and sewer mains located along both Military Cutoff Road
and Sir Tyler Drive.
Table 3.3.1 Cape Fear Public Utilities (CFPUA)
Type Ownership Size Location
Water Main (Existing) CFPUA 8-inch Military Cutoff Road
8-inch Sir Tyler Drive
Sewer Main (Existing) CFPUA 10-inch Military Cutoff Road
10-inch Sir Tyler Drive

3.4 Stormwater
The proposal would include approximately 240,350 square feet of impervious coverage
(79.4% of the site) and a stormwater management permit would be required. Designs for
on-site stormwater management would be reviewed for compliance with the citys
stormwater management regulations and the existing NCDWQ stormwater discharge
permit for all development along Sir Tyler Drive.

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CD-16-517 927 Military Cutoff Road

3.5 Environmental
The site is located within a Watershed Resource Protection Area (Howe Creek
watershed) as identified on the 2006 CAMA Land Classification Map. Projects located in
these areas are limited to 25% impervious coverage unless the site meets the standards
for exceptional design. The site would need to meet the standards for exceptional design
for the proposed impervious coverage in this area.

3.6 Parking
Table 3.6.1 below provides the minimum parking standards for the proposed
development. The proposed development would require a minimum of 124 spaces and
allow for a maximum of 248 spaces for the retail portion of the project. The number of
parking spaces required/allowed for the proposed restaurant use will be determined
when more information about that use is provided. The applicant proposes to construct a
total of 212 parking spaces.

Table 3.6.1 Parking Requirements

Minimum Minimum # Maximum Parking Maximum # Total Parking
Use Parking Standard Required Standard Allowed Proposed
1 per 400 1 per 200
Retail 124 spaces 248 spaces
square feet square feet
212
1 per 80 square 1 per 65 square
Restaurant TBD TBD
feet of dining area feet of dining area

3.7 Buffers, Landscaping, & Trees

A landscaping plan that complies with city standards would be required prior to
construction release.
All regulated trees located outside of essential site improvements must be retained or
mitigated and all significant trees located outside of proposed building footprints (up to a
maximum of 25% lot coverage) must be retained or mitigated.

3.8 Other Reviews

The citys Technical Review Committee (TRC) reviewed the concept plan for this
proposal at their 3/24/17 meeting. The project would require full site plan review and
approval from the TRC prior to construction release.

CONSISTENCY WITH ADOPTED PLANS

Create Wilmington Comprehensive Plan

The comprehensive plan calls for new commercial development that will add to the mix of uses
within the surrounding area. The plan calls for site designs that are consistent with the existing
character and compatible with surrounding uses. The plan identifies a need to connect to the
surrounding bicycle and pedestrian network to lessen the reliance on motor vehicle trips and
encourage alternative modes of transportation. The plan also calls for environmentally sensitive
natural areas to protected, enhanced, and maintained. Policies that pertain to the proposed
amendment are provided below. Policies are identified as ranging from being in strong support
to modest non-support of the proposal. The following symbology is employed:

Strong Support Modest Support Modest Non-support

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CD-16-517 927 Military Cutoff Road

Map Mixed-use Centers

Employment/Academic Center
Emphasize areas of economic activity associated with academic and/or employment areas
(offices, manufacturing hubs, and small businesses)
Provide a commercial and civic focal point for the provision of daily services and the exchange
of ideas, especially for the benefit of entrepreneurial growth, client and talent attraction, and
employee health.
Introduce housing and commercial uses where appropriate.
Map Areas of Opportunity
High-density Transitions
Increase densities with infill development, mid-rise buildings, parking decks, and other urban
solutions.
Create major destinations that have a regional, statewide, or even national attraction.
Provide a walkable street grid with safe crossings by preserving and repairing the existing
network and repairing lost connections as appropriate.
Encourage active ground floor uses such as stores and restaurants uses; alleviate challenges
to vertical mixed use development.
Encourage large-format tenants to utilize urban-scale building footprints.
Use alleys and secondary circulation networks; ensure highly walkable and active
streetscapes.
Place parking to the rear of buildings and ensure primary building access from the public
sidewalk network.
Map Corridors & Complete Streets
Major Corridors & Regional Parkways
Design these multi-modal thoroughfares with some walkable qualities, including grade
separated bike lanes, sidewalks, and appropriate crosswalks.
Prioritize motor vehicle mobility.
Place buildings along these corridors back from the roadway to accommodate signage and
some parking in front of the building, landscaped street yards, and parking lot landscaping.
Special Character Streets
Promote development and redevelopment, reduce pedestrian-automobile conflicts, and
preserve historic streetscape elements currently located in these roadways.
Minimize the visibility of surface parking lots and parking deck facades, especially along
primary pedestrian streets.
Prioritize pedestrian and bicycle mobility and placemaking efforts while continuing to
accommodate moderate to large volumes of motor vehicle traffic.
Map Transit that Works
Transit Oriented Mixed-use Center
Develop mixed-use centers located along high-capacity transit routes; note that most of the
Mixed-use Centers designated on the Growth Strategies Maps are located along a proposed
high-capacity transit line.

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CD-16-517 927 Military Cutoff Road

High-capacity Transit Route

Improve transit service along these priority transit corridors, along with higher-density
development in order to establish and contribute to the required demand to operate the
service.
Include transit service options, such as improved bus service to a modern streetcar line.
Support higher-density residential development along priority transit corridors.
Transit Hub
Maximize the intensity and density of surrounding development include significant public
spaces associated with the development of transit stations, and make integrated, intentionally-
designed connections to these facilities.

Policies 1 Development & City Building

Citywide Growth
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.
1.2.2 Development 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.
Land Use and Transportation
1.3.3 Development should provide pedestrian and vehicular connections between and
within individual development sites to provide alternative means of access along
corridors.
1.3.4 Mixed-use development that provides a range of services within walking distance of
integrated residential development should be promoted as a way to help reduce
motor vehicle trips. Developments that reduce reliance on single-occupancy motor
vehicles should be supported.
1.3.6 Transit-oriented and transit-ready development should be promoted around existing
and planned transit stations and stops.
1.3.7 Sites within proximity to planned or proposed major transit lines should be
developed with a relatively high residential density and a mix of uses to take full
advantage of and support the citys and the regions investment in transit services.
1.3.8 Pedestrian-friendly and transit-supportive development patterns should be
promoted along multimodal corridors and areas identified for intensive transit
investments.
1.3.9 Development near major road intersections or interchanges should cluster to create
a node or nodes at the intersection, preferably including vertical and horizontal mix
of uses.
Compatibility
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.

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CD-16-517 927 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 citys 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.
Commercial Districts, Corridors, and Nodes
1.6.4 Within commercial districts, development should be designed at a height, mass,
scale, and form that is appropriate and provides a suitable transition to the
surrounding areas.
1.6.6 Commercial infill and redevelopment should be bicycle- and pedestrian-friendly.
Retail Land Uses
1.9.3 Retail development should be encouraged in Mixed-use Centers as identified on
the Growth Strategies Maps and should be discouraged in linear strip patterns.
Infill and Redevelopment
1.11.3 Areas well-suited for infill and redevelopment, should be redeveloped in a way that
maintains or enhances the desired character of the surrounding area, improves
access to goods, services, and amenities, increases housing options, and improves
the overall quality of life in the vicinity.
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.
2.1.4 Comprehensive transportation impacts, including parking and impacts on all modes
of transportation should be identified and addressed before a development or
redevelopment is implemented.
Street Systems
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.
Public Transportation
2.5.7 The use of transit facilities should be encouraged through enhancing the bike and
pedestrian network near transit stops and sufficient sidewalk infrastructure should
be installed near all transit stops. Where necessary, enhancements to make
sidewalks compliant with the Americans with Disabilities Act (ADA) should be
prioritized.

PH1-14
CD-16-517 927 Military Cutoff Road

2.5.9 Transit-oriented development should be encouraged. Planning for transportation,

transit stop locations, public spaces, density, and land use should be coordinated,
and high-density, mixed-use development patterns should be encouraged around
express bus lines, the planned multimodal transportation center downtown, and any
future transit stations.
Bicycle and Pedestrian Circulation
2.6.1 Bicycle and pedestrian circulation, access, and safety should be enhanced,
especially along corridors, downtown, in activity and employment centers, within
densely-developed areas, at transit stations, and near schools, libraries, and parks.
2.6.2 A continuous bicycle and pedestrian network should be provided within and
between existing and new developments to facilitate safe and convenient travel.
New subdivisions, mixed-use developments, and large-scale commercial
developments should include safe pedestrian walkways or multi-use paths that
allow direct links between roadways and major destinations, transit stops, and
schools.
2.6.4 Where possible, and especially along identified pedestrian priority streets, tools
such as protected left turns, pedestrian head start, raised crosswalks, curb
extensions, medians, pedestrian refuge islands or midblock crossings, and
restricted right turns on red should be used to improve pedestrian and bicycle
movements and safety.
2.6.10 Where appropriate, primary building entrances should front onto publicly
accessible, easily discernible, and Americans with Disabilities Act-compliant
sidewalks that lead directly from the street to the building entrance.
Parking Management
2.7.2 Parking and development that encourages multiple destinations within pedestrian-
connected areas should be encouraged.
2.7.6 Parking lots should include vehicular and pedestrian connections between and
through lots. Parking facility quality should be considered equally with quantity of
parking spaces. Parking lot design should minimize pedestrian conflicts, make use
of appropriate landscaping, and properly manage stormwater.
Policies 6 Environment and Natural Resources
Watershed Protection and Restoration
6.1.1 Restoration, protection, enhancement, and maintenance of watersheds should be a
priority. Existing programs and partnerships with the University North Carolina at
Wilmington and other partners to address water quality should be continued and
expanded.
Sensitive Natural Areas
6.2.1 Environmentally sensitive natural areas should be identified, mapped, protected,
enhanced, and maintained.
Air Quality
6.4.1 Walkable and bikeable communities, public transit, and integrated land use and
transportation planning should be promoted and encouraged to help reduce motor
vehicle emissions.

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CD-16-517 927 Military Cutoff Road

Policies 8 Community Facilities and Services

Stormwater
8.1.7 Comprehensive policies and solutions that promote healthy watersheds while
addressing other infrastructure objectives and needs should be developed.
Stormwater best management practices, considering anticipated demographics
changes, redevelopment priorities, and technological improvements should be
evaluated and employed.
8.1.8 The impacts on the stormwater system from major sources of stormwater runoff,
including buildings, roads, and parking lots should be considered. Sustainable
infrastructure techniques that use soils and vegetation to capture, clean, and reuse
stormwater runoff to reduce runoff velocity and improve water quality should be
implemented.
Policies 9 Urban Design and Placemaking
Unique Wilmington
9.1.8 New development should reflect the context within which it is constructed, both in
terms of architectural style and urban form. The adaptive reuse of unique buildings
and landscape elements should be encouraged.
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.

City of Wilmington Strategic Plan

The proposed rezoning would allow for commercial uses that will add to the mixture of uses in
the area and allow for a commercial development that is compatible with the existing
development pattern. The proposal includes bicycle and pedestrian connections and facilities
that would promote alternative modes of transportation. Focus Areas that pertain to the
proposed zoning amendment include the following:

Foster a Prosperous, Thriving Economy

The city will promote opportunity and prosperity by fostering sustainable, regionally
coordinated economic growth and development strategies for creating jobs, building a
strong workforce, facilitating commerce and business vitality.

Support Efficient Transportation Systems

The city will advocate for, develop, and maintain diverse modes of transportation needed for
an inclusive, connected community. Greenways, pedestrian and bicycle amenities, and a
regionally focused multimodal transportation system will increase mobility and regional
connectivity.

Provide Sustainability & Adaptability

The city will protect and preserve our natural resources with quality design for the built
environment. The city will make strategic decisions focused on the long-term financial,
physical, and social health of the entire city to enhance our ability to respond to changing
economic and demographic conditions. Our actions will be based on a shared commitment
to inclusiveness, equity, and continuous improvement.

10

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CD-16-517 927 Military Cutoff Road

CONCLUSIONS

1) The site is part of the 1995 annexation area, effective January 31, 1999.
2) On August 4, 1998 the New Hanover County Commissioners approved a request to rezone
the site from R-15 and R-20 to O&I, Office & Institutional.
3) The applicant proposes to rezone the subject property from O&I-1, Office and
Institutional District-1 and SHOD, Special Highway Overlay District to CB (CD),
Community Business (Conditional District) for a commercial shopping center with a
specialty grocery store
4) Due to the building setback requirements of the SHOD, the applicant proposes to
remove the overlay to allow for the proposed building and site configuration.
5) The proposal includes a specialty grocery store, retail space, and a restaurant.
6) Access will be provided via new driveway connections to Sir Tyler Drive and Military Cutoff
Road.
7) The site plan includes pedestrian connections to both Sir Tyler Drive and Military Cutoff
Road.
8) Table 3.1.1 below indicates that Military Cutoff is currently operating above its designed
capacity at a level of service (LOS) of F and that Sir Tyler Drive is operating within its design
capacity at a LOS of C. Table 3.1.2 indicates that there would be a significant increase in
the estimated vehicle trips associated with the proposal when compared to the estimated
build-out under the current zoning.
9) Based on the intensity of the proposed development a Traffic Impact Analysis (TIA) is
required.
10) Access would be provided via new driveway connections to Sir Tyler Drive (full movement)
and Military Cutoff Road (right-in/right-out only). Both driveways would be constructed meet
the citys technical standards.
11) There is an existing traffic signal located at the intersection of Sir Tyler Drive and Military
Cutoff Road, which will allow traffic to cross Military Cutoff Road and take advantage of the
road network and multiple road connections within the Mayfaire development.
12) A future road connection will also be made between Sir Tyler Drive and Fresco Drive, via
Ashes Drive, which will provide access to a second signalized intersection for traffic leaving
Sir Tyler Drive.
13) The site is located within a Watershed Resource Protection Area as identified on the 2006
CAMA Land Classification Map. Projects located in these areas are limited to 25%
impervious coverage unless the site meets the standards for exceptional design. The site
would need to meet the standards for exceptional design for the proposed impervious
coverage in this area.
14) The proposed rezoning is consistent with the recommendations of the citys comprehensive
plan or the goals of the citys strategic plan.

RECOMMENDATION

The proposed rezoning would allow for a commercial development that will add to the current
mixture of uses along Sir Tyler Drive and be compatible with the existing development pattern.
The early development of Sir Tyler Drive (Westfall Research Park) was limited to a number of
large office building projects. This single-use development pattern is not preferred as it forces
people to leave Sir Tyler Drive for all of their daily needs. With the addition of two multi-family
projects (Mayfaire Flats and Flats at Main) and the addition of the Goodwill store, the area has
begun to take on a mixed-use pattern where people can live, work, and shop in the same area.
The proposed commercial development will add to this mix of uses and allow people greater

11

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CD-16-517 927 Military Cutoff Road

access to their daily needs within a relatively small area. The proposed development will also
allow people to access these services when leaving work. Staff believes the estimated increase
in motor vehicle trips associated with this project will be mitigated with the internal capture of
vehicles trips. Furthermore, the existing and planned road connections and the access to two
existing signalized intersections will allow for traffic to be adequately dispersed.

The proposal includes bicycle and pedestrian connections to both Sir Tyler Drive and Military
Cutoff Rad (existing multi-use path). Due to the projects location on the east side of Military
Cutoff Road and the demand for a safe bicycle and pedestrian connection across Military Cutoff
Road, staff believes it is prudent to explore the feasibility of a signalized pedestrian crossing at
the intersection of Military Cutoff Road and Sir Tyler Drive. Signalized pedestrian crossing
improvements at this location have been documented as a short-term, high-priority project in the
adopted Walk Wilmington: A Comprehensive Pedestrian Plan and this location has been noted
as one of the top 5 priority crosswalk projects by the citys interdepartmental Pedestrian and
Bicycle Improvement Committee. The installation of crossing improvements at this signal would
require coordination between the NC DOT, WMPO, the citys Traffic Engineering Division, and
private property owners on both sides of intersection and the city is currently exploring the
feasibility and requirements for these improvements.

The proposed development is located within a Watershed Resource Protection area (Howe
Creek watershed) as identified by the 2006 CAMA Land Classification Map. Howe Creek is
identified as Outstanding Resource Waters (ORW) and is rated as SA waters. SA waters are
intended for all purposes including aquatic life, recreation, and shellfishing. Howe Creek is
currently impaired for these purposes and efforts should be made to improve its water quality.
The proposed project is required to meet the standards for exceptional design to help mitigate
its impact within the watershed.

Staff believes the proposed zoning amendment is consistent with the Create Wilmington
Comprehensive Plan or the citys Adopted Focus Areas and; staff believes the request is
reasonable or in the public interest and recommends conditional approval with the following
conditions:

1. The use and development of the subject property shall comply with all regulations and
requirements imposed by the Land Development Code, the City of Wilmington Technical
Standards and Specifications Manual and any other applicable federal, state or local law,
ordinance or regulation, as well as any condition stated below. In the event of a conflict, the
more stringent requirement or higher standard shall apply.
2. Approval of this conditional district rezoning does not constitute technical approval of the site
plan. Final approval by the Technical Review Committee and the issuance of all required
permits must occur prior to release of the project for construction.
3. If, for any reason, any condition for approval is found to be illegal or invalid or if the applicant
should fail to accept any condition following approval, the approval of the site plan for the
district shall be null and void and of no effect and proceedings shall be instituted to rezone
the property to its previous zoning classification.
4. The use and development of the subject property shall be in accordance with the plan as
submitted and approved.
5. The proposed uses shall be limited to a specialty grocery store, retail, and restaurants.
6. The size and intensity of the allowable uses shall be limited by the maximum daily trips
(6,786), PM peak hour trips (613), and Saturday trips (809) as prescribed by the approved
Traffic Impact Analysis.

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CD-16-517 927 Military Cutoff Road

7. The site must meet the standards for exceptional design for the proposed impervious
coverage.
8. All existing protected trees not located within the building foot print or impacted by essential
site improvements shall be preserved or mitigated.
9. The use of pine straw as ground cover shall be prohibited within ten (10) feet of any
combustible exterior construction.
10. Pedestrian connections shall be made to both Sir Tyler Drive and Military Cutoff Road.
Pedestrian circulation shall be clearly defined with paving materials and/or landscaping and
shall connect all uses.
11. 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.
12. The creative standard shall not be used to satisfy the streetyard landscaping requirements.
13. All requirements of the Traffic Impact Analysis (TIA) shall be followed.
14. The applicant should participate in future discussions regarding a signalized pedestrian
crossing at Sir Tyler Drive and Military Cutoff Road.
15. All city, state and federal regulations shall be followed.

NEIGHBORHOOD CONTACT
Planning Commission City Council
Signs Posted 4/17/17 5/24/17
Property Owner Letters 4/17/17 5/24/17
Advertisement Date(s) 4/28/17 5/27/17 & 6/3/17
Other Contact(s)

Community Meeting: 3/1/17

ACTIONS TO DATE

Planning Commission 5/3/17; Recommended Approval, 7-0

City Council Action 6/6/17; Continued to the 7/18/17 City Council meeting
7/18/17; Scheduled for Public Hearing

Information from 5/3/17 Planning Commission meeting: No one spoke in favor of or in

opposition to the requested rezoning. Planning Commission voted unanimously to recommend
approval of the request.

After the 5/3/17 Planning Commission meeting: In an effort to provide some flexibility in the
configuration of the propose uses, staff and the applicant have agreed to limit the size and
intensity of the allowable uses by the maximum number of vehicle trips prescribed by the
approved Traffic Impact Analysis, as opposed to specific square footage. As a result, condition
#6 was added to the list of recommended conditions.

Information from the 6/6/17 City Council meeting: After discussion, the applicant requested
the item be continued to allow time to amend the proposed site plan and provide additional
information. The City Council voted unanimously to continue the item to their 7/18/17 meeting.

13

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CD-16-517 927 Military Cutoff Road

ATTACHMENTS
1. Conditional District Rezoning application (Dated 3/20/17)
2. Aerial Map (Dated 4/12/17)
3. Land Use and Zoning Map (Dated 4/12/17)
4. Create Wilmington Growth Strategies Map (Adopted 3/1/16)
5. Proposed Site Plan (Dated 3/21/17)
6. Community Meeting Report (Dated 3/20/17)
7. Planning Commission Recommendation (Dated 5/3/17)
8. 5/3/17 Planning Commission Meeting Minutes (draft)
9. Ordinance

14

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 1

CITY OF WILMINGTON
PLANNING COMMISSION MEETING MINUTES
May 3, 2017

A regular meeting of the Wilmington Planning Commission was held on May 3, 2017 at 6:00
p.m. in the City Council Chambers, City Hall Wilmington, North Carolina.

Members Present: Members Absent:

Chairman Deb Hays none
Vice-Chairman Richard Collier
Mr. Bruce McGuire
Mr. Kemp Roberts
Mr. Jeff Hovis
Ms. Laura Miller
Mr. Bruce Bowman

Staff Present:
Glenn Harbeck, Director
Ron Satterfield, Assistant Director
Amy Schaefer, Assistant City Attorney
Jeff Walton, Associate Planner
Brian Chambers, Senior Planner
Kathryn Thurston, Zoning Administrator
Tamara Mercer, Planning Coordinator

Chairman Hays called the meeting to order at 6:00 p.m. and after the Pledge of
Allegiance, Chairman Hays read the procedure and appeals statement.

NEW BUSINESS:

1. Conditional District Rezoning: Property containing approximately 6.95 acres +/-

(Parcel ID: R05100-003-095-000, R05100-003-104-000) located at 927 Military Cutoff
Road and 0 Sir Tyler Drive from O&I-1, Office and Institutional District-1 and
SHOD, Special Highway Overlay District to CB (CD), Community Business
(Conditional District) for a commercial shopping center with a specialty grocery
store. Brian Chambers, Senior Planner (CD-16-517)

Associate Planner, Brian Chambers reviewed the request and said the site includes two
vacant tracts located at the intersection of Sir Tyler Drive and Military Cutoff Road and is
approximately 7 acres in size. He noted this site has frontage on both Military Cutoff Road and
Sir Tyler Drive. The site is surrounded by right-of-way, commercial and institutional uses, and
vacant land.

The applicant proposes to rezone the site from O&I-1, Office and Institutional and Special

PH1-50
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Highway Overlay District to a Community Business (Conditional District) for a commercial

shopping center with a specialty grocery store. Access would be provided by two existing
driveways, a full movement driveway along Sir Tyler Drive and a right-in/right-out driveway on
Military Cutoff Road. The site plan includes pedestrian connections to both Sir Tyler Drive and
the existing multi-use path along Military Cutoff Road.

Mr. Chambers said the proposal includes approximately 240,000 square feet of
impervious coverage. Designs for on-site stormwater management would be reviewed for
compliance with the citys stormwater regulations and the existing state stormwater permit that
is in place for all development along Sir Tyler Drive. He said the site is located within a
Watershed Resource Protection Area and will be designed to meet the standards for
exceptional design for the proposed impervious coverage.

Mr. Chambers added based on the intensity of the proposed development a Traffic
Impact Analysis is required. The TIA is currently under review by the Wilmington MPO and the
NC DOT. The existing traffic signal at Sir Tyler Drive will allow traffic to cross Military Cutoff and
take advantage of the road network within the Mayfaire development. A future road connection
will also be made between Sir Tyler Drive and Fresco Drive that will provide access to a second
signalized intersection for traffic leaving Sir Tyler Drive. Staff believes the existing and planned
road connections and the access to these two signalized intersections will allow for traffic to be
adequately dispersed and help mitigate the traffic impact.

Mr. Chambers said Staff recognizes that there is a demand for a safe bicycle and
pedestrian connection across Military Cutoff Road and believes the feasibility of a signalized
pedestrian crossing at this location should be explored. This improvement would require
coordination between the NC DOT, WMPO, the city, and private property owners on both sides
of intersection. The city is currently exploring the feasibility and requirements for this
improvement and staff has included a condition in our recommendation requesting the applicant
take part in future discussions for this improvement.

The Comprehensive Plan calls for new commercial development that will add to and be
compatible with the mix of uses within the area. The plan identifies a need to connect to the
surrounding bicycle and pedestrian network to lessen the reliance on motor vehicle trips.
The plan also calls for environmentally sensitive natural areas to protected, enhanced, and
maintained. The proposed rezoning would allow for a commercial development that will add to
the current mixture of uses along Sir Tyler Drive and allow people greater access to their daily
needs within a relatively small area. The proposed building setbacks and parking configuration
is consistent with the comprehensive plan recommendations for this road corridor

Staff believes the proposal is consistent with the recommendations of the

Comprehensive Plan and the citys strategic plan. Staff believes the request is reasonable and
in the public interest and recommends conditional approval. Staff would like to make one
change to the recommended conditions under condition no. 6. The site must meet the standards
for exceptional design for the proposed impervious coverage.

With this condition in place staff does not believe Condition #7 is necessary and we recommend
that condition 7. be removed.

1. Any surface parking above the minimum allowed shall be of pervious materials, if the soil
is deemed suitable.

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In response to Commissioner Bowmans question regarding the Highway Overlay

District, Mr. Chambers clarified that the SHOD (Special Highway Overlay District) is an old
overlay that was carried over from the countys zoning, and was meant to provide a vegetative
aesthetic down the corridor of the highway. It requires large setbacks, and the parking to be
setback, which is difficult then to develop properties along the corridor. Staff doesn't feel it's
really necessary given the developments occurring across the street.

Mr. Chambers noted there is a recommendation that the signs to be located on this
property should be monument style. The signage and then the setbacks as recommended by
staff would be appropriate with what is basically up and down the corridor.

Mr. Raiford Trask of 1202 Eastwood Road, reviewed a brief history of the land and said
it was a farm in the family and was annexed into the city in 1995. They developed Sir Tyler and
this tract is last piece. It was sold in 07 but the company has since purchased it back.

In response to Commissioner Millers question regarding the sidewalk, Mr. Trasks

project traffic engineer, Mr. Dan Cumbo of 4709 Cornus Drive, explained where the existing turn
lane was located with the proposed improvements as they related to the pedestrian sidewalk.
He reviewed the cross-section of the trail and the driveway apron as proposed on the lot.

Mr. John Tunstall, of 902 Market Street and the project civil engineer, answered
Commissioner Bowmans question regarding the flow of the blue-line stream. Mr. Tunstall said
it was located to the rear of the property and bends around the property. He said they have a
wetland impact permit. He said the body of water drains to the northeast through the land-field.

Chairman Hays opened the public hearing and no one spoke in favor or in opposition of
the proposal. Everyone given the opportunity to be heard, the public comment section was
closed.

Vice-Chairman Collier moved to approve case no. (CD-16-517) for a Conditional District
Rezoning for property containing approximately 6.95 acres +/- (Parcel ID: R05100-003-095-000,
R05100-003-104-000) located at 927 Military Cutoff Road and 0 Sir Tyler Drive from O&I-1,
Office and Institutional District-1 and SHOD, Special Highway Overlay District to CB (CD),
Community Business (Conditional District) for a commercial shopping center with a specialty
grocery store and to include the following conditions (striking no. 7) :
1. The use and development of the subject property shall comply with all regulations and
requirements imposed by the Land Development Code, the City of Wilmington Technical
Standards and Specifications Manual and any other applicable federal, state or local law,
ordinance or regulation, as well as any condition stated below. In the event of a conflict, the
more stringent requirement or higher standard shall apply.
2. Approval of this conditional district rezoning does not constitute technical approval of the site
plan. Final approval by the Technical Review Committee and the issuance of all required
permits must occur prior to release of the project for construction.
3. If, for any reason, any condition for approval is found to be illegal or invalid or if the applicant
should fail to accept any condition following approval, the approval of the site plan for the
district shall be null and void and of no effect and proceedings shall be instituted to rezone
the property to its previous zoning classification.
4. The use and development of the subject property shall be in accordance with the plan as
submitted and approved.
5. The proposed uses shall be limited to a specialty grocery store, retail, and restaurants.

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6. The size and intensity of the allowable uses shall be limited by the maximum daily trips, PM
peak hour trips, and Saturday trips as prescribed by the approved Traffic Impact Analysis.
7. The site must meet the standards for exceptional design for the proposed impervious
coverage.
8. All existing protected trees not located within the building foot print or impacted by essential
site improvements shall be preserved or mitigated.
9. The use of pine straw as ground cover shall be prohibited within ten (10) feet of any
combustible exterior construction.
10. Pedestrian connections shall be made to both Sir Tyler Drive and Military Cutoff Road.
Pedestrian circulation shall be clearly defined with paving materials and/or landscaping and
shall connect all uses.
11. 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.
12. The creative standard shall not be used to satisfy the streetyard landscaping requirements.
13. All requirements of the Traffic Impact Analysis (TIA) shall be followed.
14. The applicant should participate in future discussions regarding a signalized pedestrian
crossing at Sir Tyler Drive and Military Cutoff Road.
15. All city, state and federal regulations shall be followed.
The request is consistent with the objectives and policies of the City of Wilmington Create
Wilmington Comprehensive Plan, the Vision 2020, and the Strategic Plan. The Planning
Commission considers the approval to be reasonable and in the public interest base on the
following conclusions: Support Efficient Transportation Systems, Foster a Prosperous and
Thriving Economy and Provide Sustainability and Adaptability.

The motion was seconded by Commissioner Miller.

The motion carried 7 0, unanimously.

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