Catylist ID: #30334981
909 & 923 N 3rd St
Vacant Land for SaleAlso listed as Business Opportunity
|Catylist Listing ID:||30334981|
|Property Subtypes:||Hospitality, Multi-Family, Office, Retail, Retail-Pad|
|Gross Land Area:||1.13 Acres|
|Unit Price:||$3,827,433 Per Acre|
|Sale Terms:||Cash to Seller, Owner Financing, Build-to-Suit, Other|
Overview / Comments
Two parcels totaling 1.13 acre located in the Central Business District in the fast developing north end of Wilmington. Building height of 150 ft by right and possible Close to 300 feet of frontage on Wilmington main thoroughfare N. 3rd Street. 165 feet of frontage on Harnett Street.
This development site that neighbors are PPD, Historic Riverwalk, Cultural Arts Center, New Riverfront Condos, Marina, arts venue, Conventions center and highly sought after North 4th area. One of the largest land sites left in the Central Business District of Wilmington.
Existing plan for a 300,000 square foot mixed use building exist. Phase 1 and Phase 2 environmental report are available. A development can go up to 150 feet in height by right and up to 240 feet in height with based on meeting zoning criteria.
Traffic counts, business development and residential development provided a profitable base for a mix of retail,hospitality, office and residential. Existing plans incorporated onsite parking with multiple use and much needed retail services.
One of the larger downtown lots with incredible development potential. A small commercial building and parking lot exists on the 923 N 3rd Street lot. This building could be used as a pre-development work office and planning site. Properties are separately deeded.
Seller is open to development, owner financing and other business opportunities. All must transfer ownership and have substantial investment credentials. Contact agent to discuss all opportunities. Pricing includes all available development plans and related documents.
Attachments & Media
|Taxing Authority:||City of Wilmington and New Hanover County|
|Tax ID/APN:||R04712-005-003-000 / R04712-005-004-000|
|Property Located Between:||Harnett and Bladen|
|Legal Description:||W PT 2/3/4/5 & REDVE AREA PCL #1160 / E 1/2 1 & NE 1/4 2 BLK 29|
|Largest Nearby Street:||North 3rd Street|
|Feet of Frontage:||298|
|Highway Access:||MLK to 421 and to I-40|
|Airports:||Wilmington International Airport|
|Site Description:||Commercial Development in the Central Business District|
|Area Description:||North end of Central Business District|
|Lot Frontage:||165 ft on Harnett and 298 ft on N. 3rd St|
|Zoning Description:||Sec. 18-196. - CBD, Central Business District. (a) Purpose. This district is established to create and maintain a high density commercial, office, service and residential area meeting city, county and regional needs. It encourages the full utilization of public services and contributes to the economic base of the city. According the Wilmington Vision 2020: A Waterfront Downtown plan, the CBD is envisioned to be a living, working, learning and mixed use community. The intent of the design standards is to recognize and respect historic resources; to preserve and respect existing historic buildings; to preserve the cohesive character of the downtown area by compatible, sympathetic development and to provide an enhanced pedestrian experience. This district is not intended to accommodate basic industries and other uses that produce noise, odor, smoke, dust, airborne debris, and other impacts that might be detrimental to the health, safety, and welfare of the surrounding neighborhoods, the viability of surrounding uses, or industries with small physical plants and high land-to-worker ratios. (b) Uses permitted by right. Notwithstanding the provisions of section 18-173, any use is permitted in the CBD provided it meets all other provisions of this chapter, except for the following: (1) Adult establishments. (2) Contractor's equipment or supply dealers and service. (3) Contractor's storage lots. (4) Crematoria. (5) Fuel and ice dealers. (6) Garbage collection, private. (7) Gas companies. (8) Ground floor residential, fronting Water and Front Streets north of Orange Street and the riverwalk. (9) Industrial and manufacturing uses as set forth in this chapter. (10) Motor freight companies. (11) Motor vehicle dealers, including automobiles, boat dealers, manufactured homes, motorcycles, recreational vehicles and utility trailers. (12) Movers, van lines and storage. (13) Tire dealers. (14) Welding, repair. (c) Uses permitted under prescribed conditions. The following uses are permitted provided that they meet all requirements of this section, Article 6, and all other applicable requirements established in these regulations. (1) Automobile rental. (2) Automobile services and towing services. (3) Auxiliary uses and wares. (4) Communications towers, attached. (5) Day care, child or adult. (6) Freestanding parking structures. (7) Group home supportive, large. (8) Group home supportive, medium. (9) Tour operators. (10) Utility stations and plants outside public rights-of way (public and private) including lift stations, substations, pump stations, etc. (11) Electronic gaming establishments. (12) Breweries, small regional and microbreweries. (13) Artisan food and beverage producers. (14) Mini warehousing. (d) Permitted by special use permit. The following uses are permitted subject to the issuance of a special use permit and provided that they meet all requirements of this section, Article 6, and all other applicable requirements established in these regulations. (1) Communication facilities, including radio and TV stations, cellular telephone facilities, towers, etc. (2) Dormitory, private. (3) Group day facility. (4) Group home residential. (5) Group home supportive, small. (6) Reserved. (7) Nursing homes. (8) Single-family, detached. (9) Assisted living residence. (e) Development standards. All uses and structures permitted within the CBD shall meet the applicable development standards established in this section and all other applicable requirements of these regulations. Within the Historic District Overlay (HDO), building design is subject to Historic Preservation Commission (HPC) review. Approvals for projects within the HDO may necessitate the meeting of a more restrictive standard than required by this section. The HPC does not have the authority to waive the requirements of this section. (1) Setbacks. No setbacks are required except where abutting a residential district, excluding street and alley rights-of-way. For every foot of increased height of structures over thirty-five (35) feet, additional interior side and rear yard setbacks shall be provided at a one to one (1:1) ratio. (2) [Setbacks along all public rights-of-way.] Along all public rights-of-way, at least fifty (50) percent of the building wall shall be set back within five (5) feet from the property line. For the remaining fifty (50) percent of the building wall, setbacks may be voluntarily increased to a depth no greater than fifteen (15) percent of the building height, provided that the following criteria are met: a. The non-planter areas of the setback shall be hardscaped, i.e. paved. Sixty (60) percent of the proposed hardscaped, non-planter setback areas shall be covered with pavers approved by the city engineer. Forty (40) percent of the proposed hardscaped, non-planter setback area may be paved with light-colored (not white) concrete in lieu of pavers. b. At least forty (40) percent of the edge of the public right-of-way shall be defined by a vertical element not greater than three (3) feet in height. No physical barrier shall entirely prevent the pedestrian public from entering the private property setback. c. Planters, raised, recessed, or contained shall be installed in the front setback area to accommodate canopy or understory trees at a minimum of one (1) tree per one thousand two hundred (1,200) square feet of increased front setback area between the outermost side facades of the building. The area used for the calculation of increased front setback shall not include the square footage beneath building overhangs and fountains or sculptures larger than three (3) square feet. d. Trees and any additional vegetation in the setback area shall meet the general landscaping requirements of section 18-448 of this chapter except subsections (c), (d), and (e) and opacity is not required. e. Trees and shrubs in the setback area shall be maintained by the owner to ensure that the material remains living and prospers. Figure 1 18-196-e2-1.png Figure 2 18-196-e2-2.png (3) Sidewalks. North of Red Cross Street, where no sidewalks currently exist, sidewalks shall be installed within the right-of-way at a minimum width of twelve (12) feet between the property line and the back of the curb. Figure 3 18-196-e2-3.png (4) Building heights. The maximum permitted height of structures shall be as depicted on the Central Business District height map (Figure 4, below). Height increases above the by-right permitted height may be allowed in instances where additional public benefits or features are provided as outlined in section 18-196(g), Public benefits matrix. a. Building height shall be measured from the average grade of the adjacent right(s)-of-way to the underside of the highest structural member. b. The volume of the portion of the building above the by-right height shall be reduced by no less than ten (10) percent of the volume occurring above the by-right height, except for that of those buildings located in certain areas identified on the Central Business District height map (Figure 4). In these areas the portion of the building above the by-right height shall be set back a minimum of eight (8) feet from any facade fronting a right-of-way. Figure 4 18-196-e4.png (f) General regulations. (1) Density. There is no maximum density requirement for new residential construction on a site equal to or less than one-half (½) acre. The density for new residential construction on all parcels exceeding one-half (½) acre in size shall be one hundred (100) dwelling units per acre. Density increases above one hundred (100) units per acre may be allowed in instances where additional public benefits or features are provided as outlined in section 18-196(g) Public benefits matrix. (2) Parking. All off-street parking shall adhere to the following requirements: a. Structured parking. Structured parking facilities contained within new buildings shall adhere to the building design standards of section 18-196(h), except that glazing is not required, and the following regulations: i. Whenever possible, vehicular access shall not be located on North or South Front, North or South Water, Market or North 3rd Streets. ii. On street-fronting facades, vehicles shall be concealed from view with decorative screening, such as louvers, and/or vegetation. iii. Parking provided under the building footprint is excluded from meeting the parking design standards of the city's Technical Standards and Specifications Manual. b. Surface parking. All surface parking lots shall adhere to the following requirements: i. Surface parking shall be located in the side or rear yards and shall be set back a minimum of ten (10) feet from the front plane of all street-facing facades. One-way drives shall be incorporated where possible. ii. Surface parking shall not be located in front of any building. Surface parking shall be located to the interior of the block and/or behind buildings fronting rights-of-way, where possible, so as to not interrupt the continuity of the block face. iii. Surface parking lots shall be screened from public streets by permanent walls, shrubbery or hedges at least three (3) feet but not more than five (5) feet in height. iv. Surface parking shall be accessed via public or private alleyways where possible. v. All surface lots shall meet the shading requirements of section 18-481 of this chapter. c. Bicycle parking. Where automobile spaces are provided, bicycle parking shall be provided in accordance with section 18-528 of this chapter. (3) Street trees. For new commercial development, street tree plantings in below-grade planters shall be included in the public right-of-way at the rate of one (1) tree per thirty (30) feet of frontage. If the city manager determines there is no plaza or other space available for tree plantings in the right-of-way, or determines that the planting is problematic for the site, then a payment-in-lieu of tree plantings, equal to the cost for the required trees, shall be paid by the developer into the City of Wilmington tree improvement fund. All plans for street tree plantings must be approved by the city manager and must be planted according to section 18-448 of this chapter, unless otherwise noted in this section. The following tree species are recommended for use in the CBD (tree species not listed require site-specific approval by the technical review committee): a. Street trees, full canopy: i. Green ash ( Fraxinus pennsylvanica ) ii. Ginko biloba, male ( Ginko biloba and/or G. fastigiata ) iii. Tulip poplar, 'Arnold' variety ( Liriodendron tulipifera 'Arnold') iv. Willow oak ( Quercus phellos ) v. Live oak ( Quercus virginiana ) vi. Bald cypress ( Taxodium distichum ) vii. Japanese zelkova ( Zelkova serrata ) viii. Silver linden ( Tilia tomentosa ) ix. Black locust ( Robinia pseudoacacia and/or R. fastigiata ) x. Honeylocust ( Gleditsia tricanthos ) thornless varieties b. Street trees, under power lines: i. Trident maple ( Acer buergerianum ) ii. Florida red maple ( Acer rubrum var. barbatum ) iii. 'Highrise' live oak ( Quercus virginiana 'QVTIA') iv. Chinese evergreen oak ( Quercus myrsinifolia ) v. Japanese evergreen oak ( Quercus acuta ) vi. Foster's holly (males only) ( Ilex attenuate 'Fosteri') vii. American holly (males only) ( Ilex opaca ) viii. Yaupon holly (males only) ( Ilex vomitoria ) tree forms only ix. Cherry laurel ( Prunus caroliniana ) x. Pastiche ( Pistachia chinensis ) xi. Lace bark elm, 'Drake' ( Ulmus parvifolia 'Drake') xii. Yoshino cherry ( Prunus x yedoensis ) xiii. Kwanza cherry ( Prunus serrulata 'Kwansan') xiv. Purple-leaf plum ( Prunus cerasifera ) xv. Crape myrtle (tree form only) ( Lagerstroemia indica or L. fuariei ) c. Parking and interior shade trees: i. Silver linden ( Tilia tomentosa ) ii. Black locust ( Robinia pseudoacacia and/or R. fastigiata ) iii. Lace bark elm, 'Drake' ( Ulmus parvifolia 'Drake') iv. Live oak ( Quercus virginiana ) v. Green ash ( Fraxinus pennsylvanica ) vi. Cherry laurel ( Prunus caroliniana ) vii. Parsley hawthorne ( Crataegus marshalli ) viii. Sweet bay ( Magnolia virginiana ) ix. Purple-leaf plum ( Prunus cerasifera ) x. Yoshino cherry ( Prunus x yedoensis ) xi. Kwanza cherry ( Prunus serrulata 'Kwansan') d. Interior landscape/accent trees: i. Italian cypress ( Cupressus sempervirens ) ii. Magnolia ( Magnolia grandiflora 'Little Gem') iii. American holly (male only) ( Ilex opaca ) iv. Foster's holly (male only) ( Ilex attenuate 'Fosteri') v. Yaupon holly (male only) ( Ilex vomitoria ) tree forms only vi. Redbud ( Cercis canadansis or C. chinensis ) vii. Silver bell ( Halsia diptera var. magniflora ) viii. Flowering crabapple (southern or Japanese) ( Malus angustifolia or M. floribunda ) ix. Japanese maple ( Acer palmatum ) x. Palmetto palm ( Sabal palmetto ) xi. Yoshino cherry ( Prunus x yedoensis ) xii. Kwanza cherry ( Prunus serrulata 'Kwansan') xiii. Purple-leaf plum ( Prunus cerasifera ) e. The following tree species shall not satisfy street tree requirements: i. Sycamore (any Platanus ) ii. Cottonwood ( Populus deltoids ) iii. Chinese tallow ( Sapium sebiferum ) iv. Water oak ( Quercus nigra ) v. Laurel oak ( Quercus laurifolia ) vi. Crape myrtle, non tree form vii. Bradford pears ( Pyrus calleryana 'Bradford') viii. Holly (female only) (any berry-bearing species) ix. Palm trees (all varieties) (4) View corridors. All developments shall provide and protect view corridors of the Cape Fear River along all existing or proposed streets that terminate at the river. Such view corridors shall remain fully unobstructed by buildings or structures from the ground to the sky. Any new public or private street that terminates within fifty (50) feet of the riverwalk shall provide public access that is a clearly defined entry point to the riverwalk. (5) Trash containment screening. All developments within the CBD are exempt from section 18-504 of this chapter and are subject to the following screening requirements: a. Trash containment areas shall be located within a building where possible. b. If trash containment cannot be accommodated within a building, it shall be placed on the rear or side of the building and screened from view from the right-of-way. c. All trash-handling and related equipment, and all areas for holding materials for recycling, shall be completely enclosed and screened with an opaque fence or wall. The enclosure shall be at least one (1) foot taller than the highest point of the trash receptacle. Chain link and exposed concrete blocks are prohibited. (6) Underground utilities. All new utilities shall be installed underground, except where such placement is prohibited or deemed impractical by the utility provider. Underground terminal facilities for street lighting along all public streets abutting the subject site shall be installed by the developer. (7) Encroachment agreements. An encroachment agreement shall be required for any projection into the right-of-way, such as balconies and door swings. The encroachment agreement must be approved prior to construction release or issuance of a building permit. Application for any encroachment must be made to the city engineer for review and the format of the encroachment agreement shall be determined and approved by the city attorney. Official approval of such agreement shall be by resolution of the city council. De minimus encroachments including gutters, fabric awnings, door swings, architectural elements less than twelve (12) inches in depth, signs, and subgrade structural elements may be approved by the city engineer. (g) Public benefits matrix. Development projects within the CBD may incorporate public benefits, in any combination, into the development to obtain additional building height or residential density based upon the public benefits matrix (Table 1 below). Table 1. Public Benefits Matrix Public Benefit Additional Building Height and/or Residential Density Public Space Provided on-site Provided off-site - shall be located no less than 400 feet from the structure intended to be served Payment in lieu of public space to the city's downtown public space fund 12 feet and 12 u/a for every 1% of gross lot area or 1,000 square feet, whichever is greater, of public space provided on- or off-site 12 feet and 12 u/a for every $20,000 paid in lieu of open space Public parking 24 feet and 24 u/a for every 5 spaces of structured parking dedicated for public use Transportation management practices - a transportation management plan as approved by the TRC, including the following elements: Utilize remote parking or shared parking facilities Provide on-site child daycare Provide shower and locker facilities in combination with bicycle parking for employees 12 feet and 12 u/a for each transportation management practice incorporated into development project Review by Architectural Review Committee and compliance with recommendations — outside of the CBD-HDO, submit to architectural review and comply with all of the recommendations Maximum height allowed as prescribed by the CBD height map and/or unlimited density Ground floor nonresidential provided on all street-facing facades (not applicable to Front and Water Streets or abutting the riverwalk) - incorporate commercial, retail, or office space on all street-facing facades. Structured parking shall not meet the nonresidential requirement. Maximum height allowed as prescribed by the CBD height map and/or unlimited density Restoration or preservation of historic structures considered "contributing" to the local or national register historic district(s) - any project that restores or preserves a contributing historic structure according the Secretary of the Interior's Standards for Rehabilitation (Historic Preservation Commission approval is required in the HD-O). Unlimited density Workforce housing—designate at least 15% of the total project for affordable housing, as approved/designated by the City of Wilmington Community Development division. Any project submitted for consideration of workforce housing elements will be eligible for prioritized staff/Technical Review Committee review. Maximum height allowed as prescribed by the CBD height map and/or unlimited density Technology—provide wireless internet access such that it is available to building tenants as well as within at least a 600-foot radius of the building. Other technology elements may be considered and approved by the Technical Review Committee. 6 feet and/or 6 u/a for each approved technology element incorporated into development project Green Building Elements Any building achieving the elements necessary for any level of LEED, Energy Star, Green Globes, North Carolina High Performance Building Guidelines. BRE Environmental Assessment Method, or similar approved certifying program may be built to the maximum height allowed as prescribed by the CBD height map and have unlimited residential density. Any project submitted for consideration of the following elements may be eligible for expedited staff/TRC review. Baseline requirements to achieve any bonus: 12 feet and 12 u/a for each Group A green building practice incorporated into development project. Certified/Accredited Professional shall approve plan prior to issuance of building permit Erosion and sedimentation control Fundamental building system commissioning Minimum energy performance as documented by ASHRAE 90.1-2004 User's Manual CFC reduction in HVAC&R equipment Storage and collection of recyclables Minimum Indoor Air Quality Performance Environmental Tobacco Smoke Control Group A Heat island effect - roof - install green roof on 75% of roof surface or install roof that meets the following solar reflective index (SRI) criteria on 75% of roof: Roof Type Slope SRI Low-Sloped Roof ≤2:12 78 Steep-Sloped Roof >2:12 29 Stormwater capture and treatment for 90% of average annual rainfall Optimize energy performance (1 increment in bonus for every 20% increment in new building performance) Innovative wastewater technology - reduce use of potable water for sewage conveyance by 50% or treat at least 50% wastewater for on-site use Renewable energy (1 increment in bonus for every 10% increment) Group B Heat island effect - non-roof - 50% of site hardscaped with SRI of 29 or more Water efficient landscaping - no use of potable irrigation 6 feet and 6 u/a for each Group B green building practice incorporated into development project. Green power - at least 35% of building's electricity from renewable sources as defined by the Center for Resource Solutions (CRS) Water use reduction - 20% reduction from baseline for non-irrigation water use Refrigerant management - minimize or eliminate the emission of compounds that contribute to ozone depletion and greenhouse gas (1) Covenants. To assure continuation of amenities and other public benefits proven to qualify the project for bonus height and/or density allowances, the property owner must execute a covenant with the city. The covenant is required in consideration of the city's issuance of a building permit allowing height and/or density above that permitted by right in the zoning for the area. (2) Requirements. The covenant must run with the land and be attached to the land. It must provide that in the event of the property owner's failure to abide by the covenant, the city is empowered to terminate occupancy of the structure and to obtain, in the name of the city, injunctive relief in a court of competent jurisdiction enjoining future occupancy of the structure while violation of the covenant exists. All covenants must be approved as to form by the city attorney and be recorded in the appropriate records of the county in which the property is located. Covenants must be recorded prior to issuance of any building permit and must specify that the owner will comply with all approved conditions listed for approval of the applicable bonus provision and the provisions of this section. (3) Replacement of public benefit features. An existing approved public benefit feature may only be diminished or discontinued if the feature is replaced by another approved benefit feature of at least equivalent size, value or function. Approval of the replacement feature and the timeframe within which it is to be implemented shall be by the city manager or designee. (4) Maintenance. The building owner, lessee, management entity or authorized agent are jointly and severally responsible for the maintenance of any public parks, parking facilities or other public facilities for which a height and/or density bonus has been granted. These maintenance responsibilities include, but are not limited to, litter control and care and replacement of trees, shrubs and street furniture. Any person violating the provisions of this ordinance shall be subject to the penalties set forth in Article 3 of this chapter. (h) Building design. All new construction in the CBD shall comply with the following design standards, where applicable. Within the Historic District Overlay, building design is subject to historic preservation commission review. (1) Building entrances. Primary building entrances shall be clearly defined and shall be recessed at least five (5) feet or framed by an architectural element. Primary entrances should be clearly distinctive from other entrances. Secondary outside building entrances to upper floors on the primary facade shall align with the outermost window on the front facade. (2) Massing and scale. Large expanses of flat, unadorned walls are prohibited. Facades shall incorporate architectural details, particularly at the pedestrian level. Building facades shall incorporate periodic transitions across the facade as stated below. The following design element standards shall apply to all new construction where applicable: a. Building facades shall be divided into distinct massing elements utilizing methods including, but not limited to, facade offsets, pilasters, change in materials, or fenestration (window arrangement). Transitions shall be no further apart than two-thirds ( 2/3 ) of the height of the facade. The predominant orientation of fenestration within the facade shall be vertical. b. The exterior expression of the height at the street-level facade shall be no less than thirteen (13) feet, which may be delineated by methods including, but not limited to incorporation of a distinct horizontal architectural member, facade offsets, or a change in materials (not solely color) or fenestration. c. Roofs shall be flat (low slope) with parapet walls, of barrel construction, or have a minimum pitch of four to twelve (4:12). Figure 5 18-196-h2.png (3) Street-level facades. New buildings shall front onto public sidewalks to reinforce pedestrian activity along public streets and pedestrian ways. A street-level facade that faces a public street, riverwalk, or sidewalk shall be predominately glazed by incorporating windows or doors of clear or lightly tinted glass that allow views into and out of the building. Windows shall extend from a sill or base not to exceed four (4) feet in height above the adjacent grade. Darkly tinted windows or window signs (interior or exterior) that block two-way visibility are prohibited along street-level facades; however, spandrel or colored glass may be used in the transom area above the door header. Exterior burglar bars, fixed "riot shutters," or similar security devices shall not be visible from the public right-of-way. (4) Exterior building materials. Materials shall be highly durable and easily maintained, especially at the pedestrian level. The following materials are prohibited. a. Vinyl siding. b. Shingle siding. c. Faux wood-grained materials. d. Full metal facades. e. Exposed or unfinished concrete block. (5) Alterations to historic facades. Alterations or additions to buildings and/or structures that are designated as contributing resources to the Wilmington National Register Historic District or are more than fifty (50) years old, should apply the Secretary of the Interior's Standards for Rehabilitation. These standards are included in the Wilmington Historic District Design Guidelines. (6) Drive-through windows and service islands. Drive-through windows shall be located in the side or rear yards and shall be set back a minimum of ten (10) feet from the front plane of all street-facing facades. Driveways shall be one-way where possible. (7) Additional treatments. HVAC equipment, air conditioning window units, and other electrical equipment shall not be located on street frontages. All such equipment shall be placed in the interior yards or on the roof of the building and screened from the right-of-way. Through-wall mechanical units are permitted on any facade if they are incorporated into the design of the building, flush with the facade on which they are located, concealed by a vent cover and have an internal drip system for condensation. Utility meters, transformers and fixed trash disposal receptacles that cannot be concealed from the public right-of-way shall be screened with an opaque fence or wall. (i) Height restriction for demolition of buildings with "contributing historic structure" status. If the owner of a contributing historic structure as identified by the National Register Historic District inventory (on file with the city clerk) elects to demolish it without approval to remove the "contributing historic structure" status purposes of this section and in accordance with the process described in subsection 18-196(k) below, any new building or portion thereof within the footprint of the demolished contributing historic structure shall be subject to the following additional restrictions: (1) The height of any new building shall be restricted to the height of the previously existing building plus one-half (½) of the difference between the height of the previously existing building and the by-right height prescribed on the Central Business District height map (Figure 4). (2) For the purposes of this subsection, the height of the existing structure shall be measured from the average sidewalk elevation to the highest point of the parapet, or, in the case of a building with a sloped roof, to the average roof height. (3) Properties located within the Central Business District, Historic District Overlay [CBD(HDO)] are subject to division V in articles 2 and 3 of this chapter. (j) Incentive for development of undeveloped parcels south of Red Cross Street. Height increases above the by-right height may be allowed as conditioned below on any site in the portion of the Central Business District located south of Red Cross Street for which no site plan has been approved and is undeveloped as of January 1, 2011. (1) New construction, as described in (j) above, shall be entitled to twelve (12) feet of height increase above the by-right height or fifteen (15) percent increase above the by-right height, whichever is greater. This provision does not waive or supersede the design review authority granted to the historic preservation commission which may require a lower height based on the surrounding context. (2) Additional density of one (1) unit per one (1) foot of height increase shall be allowed. (3) A site that is being utilized as a parking lot as of January 1, 2011, shall be considered as "undeveloped" for purposes of this section. (4) Properties located within the Central Business District, Historic District Overlay [CBD(HDO)] are subject to division V in articles 2 and 3 of this chapter. (k) Removal of "contributing historic structure" status. In order to retain all allowable building height, a property owner who intends to demolish a contributing historic structure within the CBD may make application to remove the "contributing historic structure" status according to the following procedures: (1) For a contributing historic structure located within the Historic District Overlay (HDO), a property owner may apply to the historic preservation commission to remove the "contributing historic structure" status for purposes of this section. The application requirements and procedures identified in section 18-96 of this chapter shall apply. (2) For a contributing historic structure located outside of the HDO, a property owner may apply to the city council to remove the "contributing historic structure" status for the purpose of this section, following a review and recommendation by the planning commission. The planning commission shall not review the request until the historic preservation commission has provided an advisory recommendation. The procedures identified in sections 18-118, 18-119, and 18-120 of this chapter shall apply. (3) The application to remove the "contributing historic structure" status for the purpose of this section shall demonstrate that it has little or no significance in the following four (4) categories and, when scored in each category, has a total combined score of less than six (6) points. Individual structures on recombined properties shall be scored individually: a. Cultural significance. Zero (0) to three (3) points (one-half-point increments): i. The structure is associated with events or the lives of persons that have made a significant contribution to local, state or national history. ii. The structure represents the work of a well known or highly regarded builder, architect or other person who was involved in the concept, planning, construction or use of the building. b. Architectural integrity. Zero (0) to three (3) points (one-half-point increments): i. The structure has maintained the integrity of its original architectural form. ii. Changes made to the structure over fifty (50) years ago have since acquired architectural significance. c. Architectural style. Zero (0) to three (3) points (one-half-point increments): i. The structure has a distinctive defined architectural style. ii. The structure has superior craftsmanship of a degree uncommon for the period in which it was constructed. iii. The structure is the last or the oldest example of a certain building type or method of construction. iv. The structure is one of a group of structures that represent a stylistic type or have distinctive characteristics that are significant by their commonality during a period of history. d. Structural integrity. Zero (0) to three (3) points (one-quarter-point increments): i. The structure will be given a score of three (3) points for structural integrity unless the applicant has provided a report of structural inadequacy prepared and sealed by a structural engineer licensed in the State of North Carolina. ii. The report of structural inadequacy shall be based on the requirements of the most current version of the North Carolina Rehab Code, North Carolina Existing Buildings Code or Chapter 34 of the North Carolina Building Code rather than the North Carolina Building Code for New Construction. iii. The structural components shall be assigned the following possible values if they are found to be deficient: Walls and supporting elements: -1¾ points Roof and supporting elements: -1¼ points (4) Appeals from applications to the historic preservation commission shall be to the board of adjustment consistent with section 18-96(c)(9) of this chapter. Applications that receive an unfavorable recommendation from the planning commission may be appealed within ten (10) days of the date of such adverse decision to the city council by filing with the city clerk a notice in writing stating therein the action of the planning commission and the reasons for the appeal. (5) If the city adopts a condemnation ordinance for the structure under articles V, VI, and VII of chapter 16, Buildings and building regulations, of the city's Code of Ordinances, the "contributing historic structure" status shall be removed for the purpose of this section upon adoption of the ordinance. (6) Properties located within the Central Business District, Historic District Overlay [CBD(HDO)] are subject to division V in articles 2 and 3 of this chapter. (l) Redevelopment with height increase for preservation of historic building facades. In order to retain all allowable development height, any redevelopment of a site containing a contributing historic structure as identified by the National Register Historic District inventory on file with the city clerk must preserve facade(s) fronting on any public right-of-way greater than twenty-four (24) feet in width and meet the conditions outlined below. For purposes of this section, a facade includes the building's exterior finish materials and veneer, fenestration, exterior embellishment, and the wall structure that serves as the substrate for the aforementioned items. (1) When a height increase with approved facade preservation is requested under the provisions of this subsection for redevelopment of properties within the Central Business District, Historic District Overlay [CBD(HDO)], the partial demolition, the height increase, and the new building design must be approved by the historic preservation commission and are subject to division V in articles 2 and 3 of this chapter. (2) The height of any new construction above and behind the preserved facade(s) shall be allowed up to the maximum height increase shown on the Central Business District height map (Figure 4). Preservation of the existing historic facade(s) shall be regarded as a public benefit (see Table 1 of this section) that allows the height increase to the applicable maximum height (see Figures 6 and 7). (3) For purposes of this section, new construction that is higher than the preserved historic facade(s) must be set back a minimum of eight (8) feet from the face of the facade(s) which must remain unchanged in appearance. If the depth of the property is greater than eighty (80) feet, the new construction that is higher than the preserved facade must be set back a distance equal to ten (10) percent of the depth of the property up to a maximum setback distance of twenty (20) feet (see Figures 6 and 7). (4) If more than one facade of a building fronts on a right-of-way, the ten (10) percent setback [with twenty-foot maximum] shall apply to new construction behind the facade fronting the greater property depth and only an eight-foot setback shall apply to construction behind any other facade fronting a right-of-way (see Figures 6 and 7). (5) In the case of recombined lots of varying depth, an average depth measurement may be utilized in determining the setback, or alternatively, the new construction above the preserved facade may have varying setbacks relative to the property depths. (6) Additional density of one (1) unit per acre per each one (1) foot of height-increase granted above the by-right height is permitted. (7) Balconies and other architectural elements may encroach into the required new construction setback up to a distance equal to twenty-five (25) percent of the setback depth, but in no case may these elements encroach into the eight-foot minimum setback area. (8) The roof over the setback area may be utilized as the substrate of an open air, aboveground plaza and occupied/utilized for permitted uses unless historic features of the structure would be obscured by any physical elements necessitated by the use. (9) If the site to be redeveloped contains a contributing historic structure that is a one-story or two-story wood frame dwelling, the dwelling may be relocated in lieu of preserving the facade in order to take advantage of the additional height increase as indicated in Table 1, Public benefits matrix. (10) The height increase permitted by this subsection cannot be combined with height increases allowable with the provision of other public benefits listed in Table 1, Public benefits matrix. 18-196-l10-6.png 18-196-l10-7.png (m) Demolition requirements and procedures. (1) For demolition of all or a portion of a contributing historic structure that scores six (6) or greater according to the evaluation system in subsection 18-196(k), the following requirements and procedures shall apply: a. Prior to city sign-off of a demolition permit, the following submittals are required: i. A site plan that complies with the provisions of section 18-60 and all other applicable provisions of this chapter, and the City of Wilmington's Standards and Specifications Manual must be submitted by the owner and approved by the city's technical review committee prior to city approval of the demolition permit issued by the county; and ii. A financial guarantee or surety in an amount satisfactory to replace sidewalks and curbing and install erosion control features and grass and maintain the site as a green space for a period of two (2) years from submittal of the financial guarantee to the city. The financial guarantee or surety shall be in a form approved by the city attorney. b. Subsequent to demolition, the following procedures are required for the site: i. The owner shall remove all slabs and foundations during building demolition unless they are to be incorporated into the new construction or unless a report of structural inadequacy prepared and sealed by a structural engineer licensed in the State of North Carolina demonstrates that removal would create a public safety hazard; ii. The owner shall immediately install silt fencing sufficient to prevent silt from washing into the public right-of-way until permanent seeding is established; iii. The owner shall grade the site level to within one-tenth ( 1/10 ) of a foot and install other erosion control measures, including temporary seeding of grass of a type approved by the city manager, within thirty (30) days following completion of demolition; iv. The owner shall begin construction on the new development within one hundred eighty (180) days of completion of demolition, with one (1) thirty-day extension allowed for circumstances beyond the control of the owner as determined by the city manager [for purposes of subsection (m), a parking lot as approved by the city is considered new development, but in no case shall the unimproved site be used for vehicle parking or storage]; v. The owner shall maintain the site in a well-kept manner so as not to create a public nuisance as set forth in chapter 10 of the City Code. Maintenance of the site includes, but is not limited to, removal of debris and trimming and upkeep of grass; and vi. If after one hundred eighty (180) days and the expiration of any approved extensions no construction has begun, the owner shall replace any sidewalks that were removed or damaged, as well as remove chain link or other construction fencing and replace with a railing or fencing type approved by the city, within thirty (30) days. (2) For demolition of all or a portion of a noncontributing structure or a contributing historic structure that scores less than six (6) according to the evaluation system in subsection 18-196(k), the following requirements and procedures shall apply if no site plan has been approved by the city's technical review committee: a. Prior to city sign-off of a demolition permit, the following submittals are required: i. An approved semipermanent green space plan which indicates permanent seeding or sod over a majority of the site, grading to prevent significant ponding of water, and retaining existing sidewalks or replacing if damaged or removed; and ii. A financial guarantee or surety in an amount satisfactory to replace sidewalks and curbing and install erosion control features and grass and maintain the site as a semipermanent green space for a period of two (2) years from submittal of the financial guarantee to the city. The financial guarantee or surety shall be in a form approved by the city attorney. b. Subsequent to demolition, the following procedures are required for the site: i. The owner shall remove all slabs and foundations during building demolition unless they are to be incorporated into the new construction or unless a report of structural inadequacy prepared and sealed by a structural engineer licensed in the State of North Carolina demonstrates that removal would create a public safety hazard; ii. The owner shall immediately install silt fencing sufficient to prevent silt from washing into the public right-of-way until permanent seeding is established; iii. The owner shall complete implementation of the semipermanent green space plan within sixty (60) days including planting and maintaining permanent seeding or sod over a majority of the site, grading to prevent significant ponding of water, and replacing sidewalks if removed or damaged; and iv. The owner shall cordon steep slopes or drop offs on the site that would present a hazard to the public utilizing a railing type approved by the city and meeting state building code requirements. Where fencing is needed for screening or security, the fence shall be of a type approved by the city. Exposed chain link fencing shall not be utilized for these purposes. (3) Properties located within the Central Business District, Historic District Overlay [CBD(HDO)] are subject to division V in articles 2 and 3 of this chapter. (n) Credit for undeveloped height and density to preserve contributing historic structures. To promote the preservation of contributing historic structures in the Central Business District ("CBD"), a property owner may elect to maintain such a structure in its preserved or improved condition forgoing any improvement that would have allowed for additional height or density on the site in accordance with this section. In such event, any additional height or density allocation may be transferred as credits to another site in a designated target area of the CBD as follows: (1) The property owner of a contributing historic structure ("transferring property") seeking to transfer additional height and density allocation as credits and the property owner seeking to receive such credits ("receiving property") shall provide evidence of a legally binding agreement, that runs with the land of the transferring property, to preserve the historic contributing structure for a period of at least thirty (30) years. Evidence of such legally binding commitment may be in the form of an easement, covenants, or restrictive deed that is recorded in the New Hanover County Registry. (2) Receiving properties shall include any site located in the CBD, North of Princess Street, including those with frontage along the northern right-of-way, for which no site plan has been approved and is undeveloped as of January 1, 2011. (3) Additional height and density shall be calculated on a floor-to-area ratio of the transferring property. Provided, the height of structures constructed on receiving properties shall not exceed the maximum height requirements as prescribed in Figure 4, Central Business District height map. (4) To receive height and density credits, the property owner of a receiving property shall submit an application to certify the transferred height and density credits. The application shall be submitted along with plans submitted for review and approval in accordance with section 18-60 and include: a. Documentation recorded in the New Hanover County Registry that is evidence of the legally binding agreement and commitment to preserve a contributing historic structure as described herein above. b. A legal description of the transferring and receiving properties respectively. c. The names of all owners of and security interests in the transferring and receiving properties respectively. d. A description of undeveloped height and density transferred to the receiving property, including calculations used to determine those benefits. e. A current endorsement by a title insurance company as evidence of the respective ownership and title of transferring and receiving property owners, or other acceptable evidence of title in a form acceptable to the city attorney. f. Such other information as determined to be necessary by the city manager to determine the sufficiency of the application. (5) If an application to certify transferred height and density is determined sufficient, the city manager shall endorse the site plan for the receiving property inclusive of the height and density credits. (6) After permits are issued for a receiving property, a transferring property owner, including all successors-in-interest, shall not alter a historic contributing structure for which height and density credits have been transferred, inconsistent with the intent and purpose of this subsection (n). (7) Transferred height and density credits may be utilized only to the benefit of one receiving property. (8) The city manager shall maintain an index of properties that have transferred height and density credits to a receiving property. (Ord. No. O-2008-25, 4-8-08; Ord. No. O-2008-72, § 1, 8-19-08; Ord. No. O-2010-62, § 3, 8-3-10; Ord. No. O-2010-75, § 37, 10-5-10; Ord. No. O-2010-91, §§ 14, 15, 12-7-10; Ord. No. O-2011-35, §§ 1—3, 5-17-11; Ord. No. O-2011-39, § 1, 6-7-11; Ord. No. O-2012-85, Exh. A, §§ 8—10, 12-4-12; Ord. No. O-2013-79, § 1, 11-6-13; Ord. No. O-2014-68, § 4, 9-2-14; Ord. No. O-2015-31, § 4, 5-5-15; Ord. No. O-2016-36, § 1, 5-3-16)|
|Development Name:||Urban Waterfront Redevelopment Area|
|Easements Description:||No recorded easements on record. This should always be reconfirmed.|
|Available Utilities:||Electric, Water, Gas, Sewer, Storm Drain|
|Proximity:||1 mile||3 miles||5 miles|
Jeffrey HovisIntracoastal Realty Corp NCCMLS Member
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