Harris Teeter Property For Sale: Fat Pelican Owner Got The Old Sign

After many years of waiting for a Harris Teeter to open in Carolina Beach and a legal battle against a Publix Grocery Store opening on adjacent property,  the Harris Teeter property has now been put on the market for sale. Last week the sign was taken down and Danny at the Fat Pelican got one of the signs.  After many years of waiting for a Harris Teeter to open in Carolina Beach and a legal battle against a Publix Grocery Store opening on adjacent property, the Harris Teeter property has now been put on the market for sale. Last week the sign was taken down and Danny at the Fat Pelican got one of the signs.

Harris Teeter Property For Sale: Fat Pelican Owner Got The Old Sign Featured

By / Local News / Wednesday, 15 July 2020 15:29

By WILLARD KILLOUGH III
Managing Editor

CAROLINA BEACH - After many years, the sign located on the former property of Jubilee Park in Carolina Beach that advertised a future home of a "Harris Teeter" grocery store, has been taken down and replaced with a for sale sign .
Developers planning to build a Harris Teeter at 1018 N. Lake Park Blvd. challenged a permit issued by the Town in January 2018 that would pave the way for another grocery store on adjacent property as part of a redevelopment project of the Federal Point Shopping Center. That adjacent property is now home to a Publix Grocery Store development.
Harris Teeter challenged the permit for the adjacent Federal Point Shopping Center property in 2018 and a judge ruled against their challenge. Harris Teeter filed an appeal with the NC Court of Appeals.
The Carolina Beach Town Council unanimously voted to approve a request for a Conditional Use Permit at their January 9th, 2018, meeting to redevelop the Federal Point Shopping Center located at 1018 N. Lake Park Blvd. The proposal called for demolition of the Federal Point shopping center and construction of a new 51,469 square foot grocery store with an attached 8,400 square foot multi-tenant building with a patio area. The plans showed areas for two additional future multi-tenant buildings.
On February 8th,  2018, the owners of neighboring property - Jubilee Carolina, LLC - filed in New Hanover County Superior Court to challenge the Council's decision to issue the permit for redevelopment of the Federal Point Shopping Center.
A court hearing was held in New Hanover County.
The judge ruled on May 3rd, in favor of the Town issuing the G.H.K permit to redevelop the Federal Point Shopping Center.
On May 29th, 2018, Jubilee Carolina, LLC, filed an appeal to the May 3rd decision.
In their appeal, it was stated, “To the Honorable court of Appeals of North Carolina: Petitioner Jubilee Carolina, LLC, pursuant to Rule 3 of the North Carolina Rules of Appellate Procedure, hereby gives notice of appeal to the Court of Appeals of North Carolina from the order of the Honorable R. Kent Harrell, entered 3 May 2018, which upheld the grant of a conditional use permit by the Town of Carolina Beach to Carolina Beach Development Company 1, LLC for property owned by Wilmington Holding Corporation.”
Background:
In April of 2017, the Council unanimously approved a request from Jubilee Carolina, LLC to modify an existing Conditional Use Permit for a 53,000 square foot Harris Teeter Store and a gas station at 1000 North Lake Park Blvd immediately adjacent to the Federal Point Shopping Center property.
The Council first approved of a Conditional Use Permit (CUP) for the Harris Teeter development during their August 11th, 2015 meeting. The modification approved in April of 2017 was required to address traffic concerns on Lake Park Blvd.
The Harris Teeter project was based upon interconnectivity with the neighboring Federal Point Shopping Center.
During the January 2018, meeting, Gordon Cobb of GHK Development spoke to the Council explaining, "We do believe in interconnectivity from a planning purpose when it is feasible to do, but as I'm sure you can probably understand our tenant will not allow us to have cross access with a location that is a direct competitor such as a grocery store." He said if the adjacent property were developed as something other than a grocery store, they would allow interconnectivity adding, "It's nothing personal it is just business."
Jubilee Carolina, LLC challenged G.H.K's permit claiming that Council approved a project for a neighboring property with which they claimed they had a contractual agreement with for access easements for interconnectivity and the G.H.K. permit approved for redevelopment of the Federal Point Shopping Center eliminates that access.
In the court documents  Jubilee Carolina, LLC explained to the court, "Julbilee also possesses a contractual right to construct and use a common access on the WHC Property to provide interconnectivity between the WHC Property and the Jubilee Property with respect to the Harris Teeter grocery store to be built on the Jubilee Property."
WHC is short for Wilmington Holding Corporation, owner of the Federal Point Shopping Center.
Jubilee stated in their challenge, "Consistent with that contractual right, the proposed site plan for the Jubilee Property included common access across the WHC Property for the use of both the Jubilee Property and the WHC Property."
Ultimately, Jubilee Carolina, LLC lost their case in the North Carolina Court of Appeals, yet the sign announcing  the "Future Home" of a Harris Teeter grocery store remained on the property.
Last week, local resident Tim R Chestnutt explained, "Ok as many know, the Harris Teeter signs came down today. A landmark thing for this island. I was given both signs, one of which I donated to the Fat Pelican, our local museum. The other I planned to hold onto a while. But I had another idea. With everyone’s support, what if every Friday it goes to a local business to be on display. I’ll drop it off on Friday, and pick it up the following Thursday. Just donate 25 dollars to the Help center. I don’t know if this is a good idea, or what you guys think about it. What do you guys think? Who wants it first?"
Chestnutt had previously posted online that he reached out to Harris Teeter about the status of the property and if they were going to take down the sign. He reported the company said they would contact their real estate division.
A short time later, the signs came down.

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