Attachment 1

CONDITIONAL APPLICATION FOR

CHANGE OF ZONING
DISTRICT REZONING OF PROPERTY

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

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

Version 9/8/17

Section A. APPLICANT INFORMATION

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

NAME OF APPLICANT/PETITIONER: Design Solutions / Cindee Wolf

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

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

PROPERTY OWNER INFORMATION (If different from the applicant):

Name(s) Kerr Sta. Village, LLC Bros Three of Palm Bch Co Thomas Cascino Brian Welch

Address: PO Box 4748 104 Jacksonville St 104 Jacksonville St 108 Jacksonville St

Wilm.,NC 28403 Wilm., NC 28403 Wilm., NC 28403 Wilm., NC 28403

Telephone: c/o Auley M. Crouch, III (Attorney) 910-763-2727

E-Mail Address: acrouch@bcklawfirm.com

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

information to process the rezoning request:

ADDRESS OF SUBJECT SITE: 4599 & 4615 Franklin Ave / 104 & 108 Jacksonville St

NHCO. PROPERTY ID #s (PIN): 313707.69.1814/313707.69.3864/313819.60.6237/313819.60.5113

CURRENT ZONING DISTRICT(S): RB & R-10 PROPOSED ZONING DISTRICT(S): O&I-1 (CD)

TOTAL SITE ACRES/SQUARE FEET: 8.39 ac.- Development Area / 9.08 ac. (Rezoning includes R/W)

PROPOSED USE(S) AND PROPOSED CONDITIONS FOR THE SITE: Commercial District Mixed-use w/
5000 s.f. commercial along S. Kerr Avenue and 154 apartment units. Ref. site plan for layout & dev data.
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It is important that the applicant provide information to explain how the rezoning request satisfies the
following questions. Please use attachments if necessary:

1. What changed or changing condition(s) justifies the passage of the amendment? (Discuss
how circumstances have so changed since the property was last zoned).
The proposed site is an obsolete and under-utilized strip shopping center, already zoned for commercial
uses, and an adjacent residential tract, which is being used for some business activities. The ongoing
widening and improvement of Kerr Avenue will mitigate current traffic service issues, thereby allowing more
density to become feasible in the area. The University continues to grow and housing students close to
both the campus and to supporting retail services and activities makes good sense. The subject property is
located near the Market Street / Kerr Avenue intersection, the major commercial node surrounding it and
extending east & west on Market Street.

2. Explain how the map amendment would be consistent with the city's comprehensive plan
and adopted special area plans (i.e. corridor plans, neighborhood plans, Vision 2020 Plan,
etc).
This project location has been identified in the Comp Plan as an area of opportunity appropriate for high-
density transition. The project would be an in-fill retrofit development focused on placing living facilities
close to the necessary commercial services surrounding the Market Street & S. Kerr Avenue intersection
defined as a mixed-use place. The location of these areas in based upon land use planning policies
requiring optimum efficiency in land utilization and public service delivery. The front building has been
designed directly adjacent to the new sidewalks along S Kerr Avenue, with storefront commercial uses on
the bottom floor and parking placed to the rear. The entire project provides inter-connected walkways and
access to external means for biking and utilizing WAVE public transit.

3. Explain briefly the expected effect on the neighborhood if the proposed zoning map
amendment is approved.
The project will be an aesthetic upgrade to the existing commercial center. In addition to an attractive
building design, improvements will include stormwater management and full compliance with current
landscape requirements. The rear section will be used solely for residential purposes, and buffered from
the adjacent residential properties with both a screening fence and extensive plantings. The Jacksonville
Street frontage will provide a low wall and streetyard trees and shrubs in excess of the minimum standards
to provide visual separation for those residents across the street.

4. Other circumstances which tend to justify the amendment in the public interest.
Sustainability of the City depends on sensible infill and maximizing use of lands already accessible to urban
services. Development should create places that are visually attractive, safe, accessible, functional and
which will improve the desired character of the area. There is a multitude of services within a walkable
distance, promoting a way to help reduce motor vehicle trips. This project would certainly meet the
description of location-efficient housing. The mixed-use redevelopment is a means of revitalizing and
enhancing economic development in a commercial corridor and providing pedestrian-oriented patterns.
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Council, when granting a Special Use Permit to find that all four of the following factors found in Section
18-85(6) exist. In the spaces provided below, indicate the facts that you intend to show and the
arguments that you intend to convince the City Council that it can properly reach the four required
conclusions:

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;
The requested Special Use Permit is specific to the increased building height over forty-five
(45) feet in an O&I-1 district. Otherwise, the proposed project is a permitted use. The site
plan provides improvements for vehicular access, safe pedestrian circulation and urban
services. If developed according to this plan, the increase of twelve (12) feet to the building
height will not materially endanger the public safety.

b. That the use meets all required conditions and specifications (See Article 6 of the Land
Development Code for Special Use prerequisites that must be met before a Special Use Permit may
be granted);

The only prescribed condition for allowing an increase of the height up to sixty (60) feet is to
provide an eighty (80) foot setback along any property boundary bordering a residential
district or use. The subject parcel will not be adjacent to any residentially used or zoned
property.

c. That the use will not substantially injure the value of adjoining or abutting property, or that the
use is a public necessity and

The subject structure fronts along a busy commercial corridor. The design and architectural
detailing of the new building will add interest to the view from the street and should enhance
the overall aesthetics of the area. Streetyard landscaping will also serve to mitigate the mass
of the higher facade.

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 citys comprehensive plan and adopted special area plans (i.e. corridor plans,
neighborhood plans, Wilmington Vision 2020: A Waterfront Downtown Plan, the CAMA plan).

This project location has been identified in the Comp Plan as an area of opportunity appropriate for
high-density transition. The project would be an in-fill retrofit development focused on placing living
facilities close to the necessary commercial services surrounding the Market Street & S. Kerr Avenue
intersection - defined as a mixed-use place. The increased height allows the higher density to be
accomplished.
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Section B. SUBMITTAL INFORMATION AND PROCEDURE

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

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

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

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

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

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

Conditional District Rezoning of
4559 & 4615 Franklin Avenue and 104 & 108 Jacksonville Street

Beginning at a point in the eastern boundary of S. Kerr Avenue, a variable width public
right-of-way; said point being located North 1501122 East, 95.57 feet from NCGS
Monument Franklin, at coordinate N 179,887.68 / E 2,335,751.41; and running thence
from the point of beginning:

North 6401433 East, 327.41 feet to a point; thence

North 6401344 East, 257.10 feet to a point; thence
North 0000657 West, 5.55 feet to a point; thence
North 6401417 East, 307.55 feet to a point; thence
South 0202204 West, 5.73 feet to a point; thence
North 6401318 East, 111.27 feet to a point in the western boundary of Jacksonville
Street, a 60-foot public right-of-way; thence
South 8904215 East, 30.00 feet to a point in the centerline of the right-of-way; thence
with that centerline,
South 0001745 West, 71.93 feet to a point; thence
South 0000828 West, 125.06 feet to a point; thence
South 0000955 West, 48.56 feet to a point; thence
South 0000448 West, 217.83 feet to a point; thence
North 8905512 West, 30.00 feet to a point back in the western boundary of
Jacksonville Street; thence
South 7901213 West, 101.83 feet to a point; thence
North 0000926 East, 27.35 feet to a point; thence
South 7703848 West, 99.23 feet to a point; thence
South 7702425 West, 100.03 feet to a point; thence
South 1201400 East, 141.39 feet to a point in the northern boundary of Franklin
Avenue, a 60-foot public right-of-way; thence
South 1201328 East, 30.00 feet to a point in the centerline of the right-of-way; thence
South 7704736 West, 536.44 feet to a point; thence
North 1201328 West, 30.00 feet to a point back in the northern boundary of Franklin
Avenue, at its intersection with the eastern boundary of S. Kerr Avenue; thence
with the S. Kerr Avenue right-of-way,
North 1201211 West, 3.98 feet to a point; thence
South 7704801 West, 12.01 feet to a point; thence
North 5701220 West, 46.67 feet to a point; thence
North 1201228 West, 293.93 feet to the point and place of beginning, containing 9.08
acres, more or less.
Attachment 1
AdjacentOwners'List4599&4615FranklinAvenue/104&108JacksonvilleStreet Attachment 1
Name Address City State Zip SitusAddress PIN
MarketPlazaCenter,LLC 3013AHallWattersDr Wilmington NC 28405 5SKerrAve 313819.50.8731
BiltmoreDevelopers,LLC POBox1866 Rockingham NC 28380 4618MarketSt 313819.60.1870
BrickyardProperties,LLC 3013AHallWatersDr Wilmington NC 28405 25WilmingtonAve 313819.60.5514
AtlanticFacilities,LLC POBox1144 Wilmington NC 28402 20JacksonvilleSt 313819.60.6639
EdelmiraRVasquezetal 2709CastleHayneRd#37 Wilmington NC 28401 103JacksonvilleSt 313819.60.8310
JuanSanchezGarnica 103JacksonvilleSt Wilmington NC 28403 103JacksonvilleSt 313819.60.7284
Bruce&MarionBenoit 409SharonDr Wilmington NC 28409 105JacksonvilleSt 313819.60.7270
RubyHallLifeEstate 107JacksonvilleSt Wilmington NC 28403 107JacksonvilleSt 313819.60.7173
NormaMcCorkle 306TanbridgeRd Wilmington NC 28405 109JacksonvilleSt 313819.60.7079
PrimaRentals,LLC 7341CotesworthDr Wilmington NC 28405 111JacksonvilleSt 313819.60.7083
KathleenMaryMiller 4809FranklinAve Wilmington NC 28403 4809FranklinAve 313707.69.8964
GarryLangstonBishop 4801FranklinAve Wilmington NC 28403 4801FranklinAve 313707.69.7982
HazelHickmanO'Quinn 4711FranklinAve Wilmington NC 28403 4711FranklinAve 313707.69.6849
DorisMaeSwain 4703FranklinAve Wilmington NC 28403 4703FranklinAve 313707.69.5848
PeggySuttonWilkes 4623FranklinAve Wilmington NC 28403 4623FranklinAve 313707.69.4846
BruceKubeck POBox10900 Wilmington NC 28404 4702FranklinAve 313707.69.5649
Joseph&VictoriaHudson 4624FranklinAve Wilmington NC 28403 4624FranklinAve 313707.69.4646
MichaelShackleford 4616FranklinAve Wilmington NC 28403 4616FranklinAve 313707.69.3654
MichelleFu 4608FranklinAve Wilmington NC 28403 4608FranklinAve 313707.69.2652
StokleyProperties,LLC 4604FranklinAve Wilmington NC 28403 4604FranklinAve 313707.69.1543
Nicolas&ElizHabash 4720WaltmoorRd Wilmington NC 28409 223SKerrAve 313707.59.9554
212SKerrAve,LLC 2848SkyeDr Fayetteville NC 28303 212SKerrAve 313707.59.6324
SKerrBusinessOwnersAssn 1608MarketSt Wilmington NC 28401 206SKerrAve 313707.59.5419.000
H&SFamilyHoldings,LLC 1608MarketSt Wilmington NC 28401 206SKerrAve 313707.59.5419.001
StephenLewisHobbs,Jr 6327MarywoodDr Wilmington NC 28409 206SKerrAve 313707.59.5419.002
CalvinDoss 6310GadwallCt Wilmington NC 28403 206SKerrAve 313707.59.5419.003
Diana&CraigAbbott 1608MarketSt Wilmington NC 28403 206SKerrAve 313707.59.5419.004
SunshineinParadise,LLC 1120UllswaterLn Wilmington NC 28405 206SKerrAve 313707.59.5419.005
SharonLeeMatt 7900SanderlingPl Wilmington NC 28411 206SKerrAve 313707.59.5419.006
KevinKimballPowers 114SKerrAve,UnitC Wilmington NC 28403 206SKerrAve 313707.59.5419.007
JSmithDossetal 10708CambiumCt Raleigh NC 27613 206SKerrAve 313707.59.5419.008
DianaAbbott 1608MarketSt Wilmington NC 28403 206SKerrAve 313707.59.5419.009
MichaelSaylor 2705MarketSt Wilmington NC 28403 206SKerrAve 313707.59.5419.010
JoeBStephenson 1301SpotswoodCt Wilmington NC 28409 206SKerrAve 313707.59.5419.011
ClydeWight,Jr 1012ChildersCt Wilmington NC 28412 206SKerrAve 313707.59.5419.012
JSmithDossetal 10708CambiumCt Raleigh NC 27613 206SKerrAve 313707.59.5419.013
JSmithDossetal 10708CambiumCt Raleigh NC 27613 206SKerrAve 313707.59.5419.014
Calvin&JessiruthDoss 6310GadwallCt Wilmington NC 28403 206SKerrAve 313707.59.5419.015
CalvinLee&BetsyDoss 3900SkiptonCt Raleigh NC 27606 206SKerrAve 313707.59.5419.016
SeaboardCommProp,LLC 6327MarywoodDr Wilmington NC 28409 206SKerrAve 313707.59.5419.017
CRonaldWight,Jr 1012ChildersCt Wilmington NC 28412 206SKerrAve 313707.59.5419.018
CRonaldWight,Jretal 1012ChildersCt Wilmington NC 28412 206SKerrAve 313707.59.5419.019
JoeBStephenson 1301SpotswoodCt Wilmington NC 28409 206SKerrAve 313707.59.5419.020
RLDProperties,Inc 402VenusDt Wilmington NC 28405 206SKerrAve 313707.59.5419.021
ChongSukWentz 217TillmanLn Pollocksville NC 28573 206SKerrAve 313707.59.5419.022
Gregory&KathyHolubTrust 9228SedgelyDr Wilmington NC 28412 206SKerrAve 313707.59.5419.023
108SouthKerr,LLC 108ASKerrAve Wilmington NC 28403 206SKerrAve 313707.59.5419.024
AbsoluteMetalRoofs,Inc 108SKerrAve,Unit5 Wilmington NC 28405 206SKerrAve 313707.59.5419.025
AbsoluteMetalRoofs,Inc 108SKerrAve,Unit5 Wilmington NC 28405 206SKerrAve 313707.59.5419.026
MartinVenturesII,LLC POBox16709 Wilmington NC 28408 110SKerrAve 313707.59.2379
H&SFamilyHoldings,LLC 1608MarketSt Wilmington NC 28401 102SKerrAve 313707.59.5766
CinemaDrive,LLC 1608MarketSt,Unit102 Wilmington NC 28401 146CinemaDr 313707.59.4912
68SouthKerr,LLC 1015AshesDr,Ste205 Wilmington NC 28405 68SKerrAve 313819.50.3228
 Attachment 1

JustificationforImpact
ToOvercapacityStatusofS.KerrAvenue
ConditionalDistrictRezoningof
4599&4615FranklinAvenue/104&108JacksonvilleStreet


TrafficcountsprovidedforthesectionofSKerrAvenueinthevicinityoftheproposed
rezoningarepresentlyfoundtobeinexcessofitsreasonablecapacity,translatinginto
an F servicelevel.However,webelievethatthemeritsoftheproposedplanare
sufficienttomitigatethepotentialadditionalvolumeforthefollowingreasons

1. Theproposedrezoningwouldallowforamoreviablelanduseandisconsistent
withCityCouncil seconomicdevelopmentpriorities.Thisproposalimprovesthe
formandfunctionofanunderutilizedsiteandmaximizeslanduseefficiency
basedonareacharacteristicssuchasexistinginfrastructure,adjacentuses,
uniquesitecharacteristics,needsofthecommunityandgeographiclocation.
2. Theproposedrezoningwouldensureamoreefficienttransportationsystem
relativetoprovidinginterconnectivitybyextendingtheJacksonvilleStreet
pavementacrosstheoldrailroadrightofwaytothenorth,foradditionalaccess
toMarketStreetwithouthavingtouseS.KerrAvenue.Thesiteisalsolocated
alonganestablishedtransitroute.AWAVEtransitroutepassesdirectlyalongthe
frontageandprovideseasyaccesstotheFordhamStationfortransfers
throughoutthesystem.
3. Theproposedrezoningwouldensureamoreefficientdevelopmentpattern
relativetoamixofusesinaconditionaldistrictthatincorporatescompatible
uses.
4. Theimpactofanyadditionaltrafficgeneratedbytheproposedrezoningwouldbe
mitigatedbythecurrentlyongoingNCDOTtransportationimprovementproject
toS.KerrAvenueandtheintersectionatMarketStreet.
5. Theprojectisaredevelopmentofapreviouslydevelopedsiteandwouldresultin
improvedsiteconditionsrelativetostormwatermanagement,landscapingand
aesthetics.

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October 13, 2017

Amy Kimes, PE
Wilmington Metropolitan Planning Organization (WMPO)
City of Wilmington
305 Chestnut Street, 4th Floor
Wilmington, NC 28401

RE: Trip Generation Memorandum - Kerr Station Lofts, Wilmington, NC

DAVENPORT Project Number 160228

Dear Mrs. Kimes:

This memorandum is to provide information concerning traffic that will be generated by the referenced proposed
development, Kerr Station Lofts, which is a re-development of existing properties including Kerr Station Village including
shopping center and office land uses, as well as 4 single family homes. The proposed Kerr Station Lofts will consist of
student housing apartments with 154 units.

The Trip Generation Manual published by the Institute of Transportation Engineers (ITE), contains tables, rates, and
equations that provide projected volumes based on specific land uses. The Trip Generation software, developed by
Microtrans based on the information in the Trip Generation Manual, was used to determine the number of trips generated
by the existing and proposed project as shown in the table below.

ITE Trip Generation

Kerr Station Lofts
24 Hour
Average Weekday Driveway Volumes AM Peak Hour PM Peak Hour
Two-Way
ITE Land Method -
Proposed Land Use Code
Size
Type
Volume Enter Exit Total Enter Exit Total

dwelling Equation -
Apartments 220 154 1057 16 63 79 66 36 102
units Adjacent
Th.Sq.Ft. Rate -
High-Turnover (Sit Down) Restaurant 932 2.0 254 14 13 27 20 17 37
GFA Generator
Th.Sq.Ft. Equation -
General Office 710 3.0 91 11 1 12 14 68 82
GFA Adjacent
Existing Land Use
Th.Sq.Ft. Equation -
Shopping Center 820 26.7 2879 43 27 70 119 128 247
GFA Adjacent
Th.Sq.Ft. Equation -
General Office 710 13.5 287 34 5 39 16 78 94
GFA Adjacent
dwelling Rate -
Single Family Detached Housing 210 4 38 1 2 3 3 1 4
units Adjacent
Before/After Comparison - Net Change in Total Trips -1,802 -37 43 6 -38 -86 -124

The proposed Kerr Station Lofts project will result in a net decrease in daily and peak hour trips as tabulated above with
the exception of the AM peak which is projected to increase slightly by 6 trips in the AM peak hour. The existing versus
proposed trip generation indicates that the re-development of the property will have a positive impact on future projected
site trips as compared to the existing land-uses. As shown, the overall decrease in projected future traffic volumes for the
Kerr Station Lofts re-development project are below the City/WMPO/NCDOT threshold requirements for preparation of a
Traffic Impact Analysis (TIA).

Based on the before/after comparison of trip generation information and an overall net decrease in projected future traffic
volumes provided above, please consider this a formal request for a variance from the City/WMPO TIA requirement for
the Kerr Station Lofts re-development project.

Home Office:
305 West Fourth Street, Suite 2A Serving the Southeast since 2002
Winston-Salem, NC 27101
Main: 336.744.1636; Fax: 336.458.9377
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Page 2 10/13/2017
Mrs. Kimes DAVENPORT Project No. 160228

If you need additional information or have any questions, please feel free to contact me at 910-251-8912.

Sincerely,

Daniel R. Cumbo, PE
Senior Associate

Enclosures: ITE Trip Generation Summary Output

Site Location Plan

cc: File 160228

Home Office:
305 West Fourth Street, Suite 2A Serving the Southeast since 2002
Winston-Salem, NC 27101
Main: 336.744.1636; Fax: 336.458.9377
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Existing
Kerr Station Village
Shopping Center
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