Print
Government

Developers Appeal To City Council On Proposal For Former Lidl Site

By Cece Nunn, posted Aug 3, 2018
A rendering of the townhomes proposed on part of a South 17th Street site where a Lidl grocery store-anchored complex was previously planned.
Developers aiming to build townhomes and apartments on South 17th Street are taking their case to the Wilmington City Council.

Madison Capital Group is appealing a decision by the Wilmington Planning Commission denying the rezoning request that would have allowed them to put 183 apartments (rendering shown below) in two, three-story buildings along South 17th and Peel streets and 26 townhomes along Hollingsworth Drive.

A Lidl grocery store-anchored development was previously planned on the site, but the property owner, Texas-based development firm Leon Capital Group, filed a lawsuit in June against Lidl after the German discount grocer terminated its purchase and sale agreement (PSA) for the South 17th Street project in Wilmington. The case also involves two other proposed Lidl developments -- one in Cary and one in Charlotte -- and is pending.

Cindee Wolf of Design Solutions, who is representing Charlotte-based Madison Capital Group for the multi-family development proposal at the site, said she filed the appeal of the planning panel's decision with the city Thursday morning. The planning commission at a meeting Wednesday unanimously denied the group's request for conditional district rezoning from Community Business (Conditional District) to Multi-family Medium-High Density (Conditional District).

An applicant has 10 days to appeal an unfavorable planning commission decision, according to the city's website. Wolf said the appeal is expected to be part of the Sept. 4 agenda of the Wilmington City Council.

"The statements that were made [at the Wednesday meeting] were that we thought that was a good spot for commercial, that we felt the intention when 17th Street was extended was for that to be commercial," said Deb Hays, chairwoman of the Wilmington Planning Commission, on Thursday.

She added, "I felt like the Comprehensive Plan wanted to see more of a mixed-use in that area and that was the reason I was voting for denial."

The Wilmington City Council's votes in cases of appeals don't always coincide with those of the planning commission.

A report by the city staff produced for the planning commission meeting recommended approval of the project, located at 4301 and 4355 S. 17th St. and dubbed Arbor Commons Apartments, with conditions.

"The proposal will place future residents in close proximity to existing services, while enhancing the horizontal mix of uses. The proposed project is complementary to the established development pattern in the area and provides an appropriate transition to the adjacent residential single-family dwellings and assisted living facility," the report said. "The comprehensive plan calls for new development to enhance the desired character of the surrounding area, improve access to goods, services, and amenities, increase housing options, and improve the overall quality of life and character of the area.

"The amendment is consistent with many of the policies of the Create Wilmington Comprehensive Plan and the city’s Adopted Focus Areas and; staff believes the request is reasonable and in the public interest and recommends conditional approval."

Meanwhile, the lawsuit involving the previous plans for a Lidl on the site are ongoing. In July, attorneys for Lidl filed a motion to dismiss defendants Lidl US LLC, Lidl US Operations LLC and Lidl Management Inc. from the Leon Capital Group lawsuit, stating, "Each agreement provided Lidl US Operations with certain rights to terminate the agreement prior to closing."

Leon Capital Group filed an amended complaint July 23. Their complaint, which the defendants deny, says, "Lidl’s fraudulent conduct has caused Leon to be deprived of significant economic opportunities, rents, and profits in relation to the Developments; has caused a diminution in fair market value of the Properties; and will force Leon to remarket the Cary Development and Wilmington Development."

Story On The Map

Ico insights

INSIGHTS

SPONSORS' CONTENT
Mcwhorter 0005

The Coastal Corridor is Helping Wilmington Startups With Connected Devices for Life Sciences Industry

Heather McWhorter - UNCW Center for Innovation and Entrepreneurship
Jane

The Childcare Cost Dilemma

Jane Morrow - Smart Start of New Hanover County
Untitleddesign7

Getting Your Community Ready for Spring and Summer

Dave Orr - Community Association Management Services

Trending News

Conservation Group Signs $8M Deal To Buy The Point On Topsail Island

Audrey Elsberry - Mar 26, 2024

National Organization Bestows Top Award On Cape Fear Professional Women In Building

Staff Reports - Mar 26, 2024

Engineering Firm Hires Four Employees

Staff Reports - Mar 26, 2024

N.C. Ports Officials React To Baltimore Bridge Collapse

Audrey Elsberry - Mar 26, 2024

NCino's Fourth-quarter Earnings Signal Rebound From Liquidity Crisis

Audrey Elsberry - Mar 27, 2024

In The Current Issue

Q&A: Andrews Reflects On Leadership

Pender County Manager David Andrews is slated to retire this summer after 33 years in local government....


Park Progress

The planning for Pender Commerce Park began in the early 2000s when the county wanted to create an economic driver on its largely rural west...


INFO JUNKIE: Jack Fleming

Jack Fleming, owner of Socialry Marketing & Scourz and emcee for 1 Million Cups Wilmington, shares his media and tech picks....

Book On Business

The 2024 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

2023 Power Breakfast: Major Developments