WILMINGTON — A developer received a conditional rezoning that paves the way to building 17 new housing units after a protracted process.
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In a 5-1 vote Tuesday, Wilmington City Council approved the conditional rezoning of 2.5 acres on the 5000 block of Moonlight Lane from a moderate-density single-family district to a medium-density district.
The change will allow for the collection of adjoined homes the developer plans for the site. The proposed six lots range from about 9,800 square-feet to 14,000 square-feet — about a third of an acre on the high end — subdivided into several units on each lot.
The project has gone through revisions for months as a product of discussions between developer Moonlight Lane LLC, homeowners in the area and the city. It was approved by the planning commission and was continued from the council’s July 18 meeting. Neighboring homeowners signed a petition opposing the project.
During Tuesday’s public comment period, resident John Barry spoke on behalf of about 250 neighbors who signed the petition. He described the conversations with the developer as productive and recognized a need for more housing, but noted an impasse on three sticking points:
- The number of units, recommending a figure around 10
- A lack of commitment to owner-occupied rather than rental properties
- A lack of selling prices targeted to match surrounding home values
Councilman Kevin Spears said what Barry told council “screams entitlement” and that some residents only appear to be OK with development if it is not located near them.
“That’s the issue that we’re having in Wilmington,” Spears said. “This governing body has to do one thing, then we have to turn around and do something else, and it’s based on the location. And, so, I understand, but it doesn’t mean that I don’t have a problem with it.”
Barry responded he thinks the entitlement problem will not be solved by this project and it is a larger issue the community needs to consider.
Sam Franck, an attorney hired by the developer, noted it would be illegal for a developer to agree to conditions of occupancy or prices as a condition of zoning, though the current intent is to sell the units. He also agreed with Spears.
“This is exactly what our community needs, we need a diversity of housing options, we need to incorporate, organically, more affordable housing and we need more homes,” Franck said. “And then you hear the people who live immediately adjacent to it say ‘I just don’t want it in my backyard.’”
The developers eventually compromised with the local residents. Some of the changes, based on their feedback, included reserving open space, increasing buffer sizes, saving more trees, lowering the number of stories from three to two and cutting the number of units from 22 to 17.
“We believe this is better than what we came up with in the first place,” Franck said.
He described the intention for the neighborhood to be more affordable than single-family homes but more expensive than an apartment.
“So still pretty expensive,” Spears chimed in.
Franck responded construction prices have begun to level off, but it is difficult to predict where the home prices will be when the project is complete in about two years.
Several council members voiced their beliefs that the market will sort out housing prices.
Josh Mihaly, a land planner hired by the developer, told council the project will require a tree survey for a technical review committee application, and did not have exact numbers on which trees would be removed or saved on the undeveloped parcel.
However, there are several significant trees, including a very large live oak tree, which have been incorporated into the design. Developers have saved open space with more trees based on community comments.
Some council members took issue with the lack of clarity on what the homes’ aesthetic outside of a commitment to being two stories. The developer showed a list of possible materials.
Councilman Charlie Rivenbark said the board was trying to wrap their heads around what the development would look like because the final product will be in place for decades.
“I think a lot of these people out there would have a little better degree of comfort if they could see what it’s going to look like,” Rivenbark said, garnering an outburst of applause from the audience.
Franck countered the city’s role is not to control architectural details.
“I think that most of us up here are probably trying to figure out a way to make this happen and at the same time satisfy these 200 and some odd people who signed a petition,” Rivenbark said.
Franck said the developer has tried to walk the balance of being as transparent as possible and candid about what they can anticipate. He also pointed out the conditional zoning would carry advantages like tree protection, normally not applied to single lots.
He stood by the project improving surrounding property values, which prompted angry calls from the audience.
Councilman Clifford Barnett was the lone dissenting voice against the proposed rezoning. He announced his intention to vote “no” so the neighbors would know they were heard.
The project still has to submit designs and go through a technical review committee process before it can be built.
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