3/15/2016. City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers:

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1 ITEM PH5 OFFICE OF THE CITY MANAGER (910) FAX(910) TDD (910) /15/2016 City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers: Attached for your consideration is an ordinance for a conditional district rezoning (CD-8-216) from R-15, Residential District to O&I-1 (CD) Office & Institutional-1 District (Conditional District) to construct a 3,000 square-foot building which could allow the following uses: artist, commercial including silk screening; assembly hall; office, professional; office, medical; personal services; private recreation facility. The subject property is located at 6149 Wrightsville Avenue and contains a total of 1.18 acres. The subject site was part of the 1995 annexation, effective January 31, On July 1, 2015, Planning Commission recommended denial of a conditional district rezoning and special use permit to construct a 7,634 square-foot professional and medical office. Application for appeal was withdrawn prior to review by City Council. The requested conditional district rezoning would support the following City of Wilmington adopted focus area of Foster a Prosperous, Thriving Economy and Provide Sustainability and Adaptability. Staff recommends conditional approval of the requested rezoning. A community meeting was hosted by the applicant on January 20, The Planning Commission held a public hearing regarding this conditional district rezoning on February 3, The Planning Commission recommends denial of the rezoning. On February 10, 2016, a letter appealing the Planning Commission s recommendation of denial was submitted to the City Clerk. If approved, this ordinance would allow construction of a 3,000 square-foot building for various specified uses within the Wrightsville Avenue Corridor Overlay. If the request is not approved, the property would retain its current R-15, Residential District zoning designation and the project would not be permitted. Passage of the attached Ordinance is recommended. Respectfully submitted, Sterling B. Cheatham, City Manager PH5-1

2 Ordinance City Council City of Wilmington North Carolina Introduced By: Sterling B. Cheatham, City Manager Date: 3/15/2016 Ordinance Amending the Official Zoning Maps Of The City Adopted March 27, 1984 To Rezone Property Containing 1.18 Acres Located At 6149 Wrightsville Avenue From R-15, Residential District to O&I-1 (CD) Office & Institutional-1 District, Wrightsville Avenue Corridor Overlay (Conditional District) To Construct A 3,000 Square-Foot Building To Allow The Following Uses: Artist, Commercial Including Silk Screening; Assembly Hall; Office, Professional; Office, Medical; Personal Services; Private Recreation Facility(CD-8-216) LEGISLATIVE INTENT/PURPOSE: WHEREAS, NCGS Section 160A-385 authorizes local governments to change or modify zoning boundaries within their jurisdiction; and WHEREAS, the amendment set out below is made in accordance with NCGS Section 160A-364 and Article 3, Section of the Land Development Code. THEREFORE, BE IT ORDAINED: SECTION 1: The Official Zoning Maps of the City of Wilmington are hereby amended by removing the hereinafter described tract of land from the present R-15, Residential District and putting it in the O&I-1 (CD), Office & Institutional-1 (Conditional District) classification, said tract being more particularly described as follows: A certain tract or parcel of land lying and being in the City of Wilmington, New Hanover County, North Carolina and being the same tract of land shown as lot 1-R, Bradley Creek Landing on map book 55 page 109 in the New Hanover County Registry, and being more particularly described as follows: Beginning at an iron at the intersection of the western right of way of Rogersville Road (60 public right of way) and the southern right of way of Heron Run Drive (right of way varies), said iron also being the northeastern corner of lot 1, Heron Run (Map Book 29 Page 82), said corner also being the northern most corner of lot 1-R, Bradley Creek Landing (MB 55 PG 109): Proceed thence with the western right of way of Rogersville Road S W a distance of ft. to a point, thence continuing with said right of way S W a distance of ft. to a point, thence continuing with said right of way S W a distance of ft. to a point, thence continuing with said right of way S W a PH5-2

3 distance of ft. to a point at the intersection of the western right of way of Rogersville Road and the northern right of way line of Wrightsville Avenue (60 public right of way), thence with said northern right of way and with a curve turning to the left with a radius of ', with a chord bearing of S W and chord distance of ft. to a point, thence leaving said right of way and with the Bradley Creek marsh line N E a distance of ft. to a point, thence N E a distance of ft. to a point, thence N E a distance of ft. to a point, thence N E a distance of ft. to a point, thence N W a distance of ft. to a point, thence N W a distance of ft. to a point located at the southeastern corner of Lot 1,Heron Run (MB 29 PG 82), thence with said eastern property line N E a distance of ft. to the point of beginning and containing an area of 1.18 acres according to a survey and computations by Hanover Design Services, P.A. performed in May of SECTION 2: The following rules, regulations and conditions shall apply to the property described in this ordinance: 1. The use and development of the subject property shall comply with all regulations and requirements imposed by the Land Development Code, the City of Wilmington Technical Standards and Specifications Manual and any other applicable federal, state or local law, ordinance or regulation, as well as any condition stated below. In the event of a conflict, the more stringent requirement or higher standard shall apply. 2. Approval of this conditional district rezoning and special use permit request does not constitute technical approval of the site plan. Final approval by the Technical Review Committee and the issuance of all required permits must occur prior to release of the project for construction. 3. If, for any reason, any condition for approval is found to be illegal or invalid or if the applicant should fail to accept any condition following approval, the approval of the site plan for the district shall be null and void and of no effect and proceedings shall be instituted to rezone the property to its previous zoning classification. 4. The use and development of the subject property shall be in accordance with the plan as submitted on December 16, The proposed Office & Institutional-1 (Conditional District) shall be limited to the following uses. a. Uses permitted by-right i. artists, commercial, including silk screening ii. assembly hall iii. office, medical iv. office, professional v. personal services vi. private recreation facility 6. Any use allowing a drive-through is prohibited on site. 7. All existing protected trees not impacted by essential site improvements shall be preserved or mitigated. 8. Exterior site lighting shall be installed so as not to shine directly onto adjacent parcels. PH5-3

4 Site lighting shall be of standard height with a maximum of 12 feet. 9. A conceptual site lighting plan shall be submitted prior to construction release. 10. Any freestanding sign(s) on the site shall be monument style with landscaping around the base of the sign. 11. A 10-foot multi-use path shall be required along the Rogersville Road frontage. 12. A 5-foot sidewalk shall be required along the Wrightsville Avenue frontage 13. FEMA preliminary flood map information shall be added to the site plan review. 14. A pedestrian sidewalk shall be installed from both Wrightsville Avenue and Rogersville Road to the proposed building. 15. All city, state and federal regulations shall be followed. SECTION 3: The City Clerk and the Planning Director are hereby authorized and directed under the supervision of the City Manager to change the Zoning Maps on file in the office of the City Clerk and the Planning Division, to conform with this ordinance. SECTION 4: That any person violating the provisions of this ordinance, including the approved site plan, shall be subject to the penalties set forth in Section of the Land Development Code. SECTION 5: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 6: If any section, subsection, paragraph, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. SECTION 7: This ordinance shall be effective immediately upon its adoption. Adopted at a meeting on 2016 Attest: Bill Saffo, Mayor Approved As To Form: Penelope Spicer-Sidbury, City Clerk City Attorney PH5-4

5 CASE SUMMARY Condition District Rezoning City Council March 15, 2016 CD Jeff Walton, , Staff recommendation CONDITIONAL APPROVAL Planning Commission recommendation 2/3/16; DENIAL, 7-0 City Council Action APPEALED ON 2/10/16; SCHEDULED FOR PUBLIC HEARING ON 3/15/16 Request Address Acreage Request 6149 Wrightsville Avenue Approximately 1.18 acres R-15, Residential District to O&I-1 (CD) Office & Institutional-1 District, Wrightsville Avenue Corridor Overlay (Conditional District) to construct a 3,000 square-foot building to allow the following uses: artist, commercial including silk screening; assembly hall; office, professional; office, medical; personal services; private recreation facility. Property Owner Falls Valley II, LLC jifinc1@att.net James Jackson (910) Old Military Road, Wilmington, NC Applicant Design Solutions cwolf@lobodemar.biz Cindee Wolf (910) P. O. Box 7221, Wilmington, NC Current land use and zoning Aerial Map Land Planning Data Applicable Plans/Policies CAMA Land Use City of Wilmington Adopted Focus Areas Future Land Use Plan Wrightsville Avenue 2030 Plan Conservation Area & Watershed Resource Protection PH5-5

6 Surrounding Area North South East West Zoning R-15 R-15 R-15 R-15 Current Land Use Single-family, vacant Single-family Single-family Marsh/Wetland Case Overview PROPOSAL and ANALYSIS The applicant proposes to rezone the subject site from R-15, Residential District to O&I- 1 (CD), Office and Institutional (Conditional District) for construction of a 3,000 squarefoot building. The proposed development is within the Wrightsville Avenue Corridor Overlay and shall be limited to the following uses. o Uses permitted by-right artists, commercial, including silk screening assembly hall office, medical office, professional personal services private recreation facility 22 parking spaces and 10 bicycle parking spaces will be provided behind the proposed building along Rogersville Road. 1. Zoning history The subject site was part of the 1995 annexation, effective January 31, On February 27, 2012, an application was submitted for conditional district rezoning, but was withdrawn prior to review by the Planning Commission. On July 1, 2015, Planning Commission recommended denial of a conditional district rezoning and special use permit to construct a 7,634 square-foot professional and medical office. Those speaking in opposition at the public hearing expressed concerns with traffic congestion, negative impact on surrounding property values, and light pollution. On July 8, 2015, a letter appealing the Planning Commission s recommendation of denial was submitted to the City Clerk. On August 4, 2015, an application for appeal was submitted for conditional district rezoning and a special use permit, but was withdrawn prior to review by City Council. 2. Zoning District Purpose Statements R-15, Residential District This district is established for low density residential development and other compatible uses. Recognition of the existing residential development pattern located within the city and on its fringes creates a need for this district to preserve the character of these established neighborhoods and protect their associated property values. Land uses considered harmful to the health, safety and welfare of district residents shall be prohibited from infringing upon the livability of the residential areas within the district. O&I-1, Office and Institutional-1 District This district is established to provide areas that are conducive to the establishment and operation of institutional, office and limited commercial activities not involving the sale of merchandise. Standards are designed so that these districts, in some instances, may serve as transitions between residential PH5-6

7 districts and other commercial districts. The principal means of ingress and egress for uses in the districts shall be along collector roads, minor arterials, and/or major arterials as designated on the city's Thoroughfare Plans. Proposed Driveway Access 3. Impacts on Public services, Facilities, and Infrastructure 3.1 Traffic Access will be from a single driveway location off Rogersville Road. A 5-foot sidewalk is proposed along Wrightsville Avenue. According to the Wilmington New Hanover County Comprehensive Greenway Plan, a 10-foot multi-use path would be required along the Rogersville Road frontage. Wrightsville Avenue is defined as a collector street, and Rogersville Road is defined as a local street. PH5-7

8 Table Estimated Trip Generation Zoning Land Use Intensity Existing R-15 AM Peak Hour Trips PM Peak Hour Trips Average Weekday 2- way Volume Trips (ADT) Single Family 3 lots Proposed Office, Medical 3,000 O&I-1 (CD) Use square feet Proposed Office, 3,000 O&I-1 (CD) Professional Use square feet Source: Institute of Transportation Engineers Trip Generation, 9th Edition, TRIP GENERATION BY Trafficware TripGen Table Current Volumes, Capacities and Levels of Service Road Location Volume Capacity V/C LOS Wrightsville Avenue At Rogersville Road 10,131 15, D Rogersville Road At Wrightsville Avenue 4,003 9, B 3.2 Parking Requirements Table Parking Schedule Required Proposed Minimum/Maximum Spaces 12/18 22 spaces Required Bicycle Parking Spaces Required 5 10 spaces 3.3 Public Utilities CFPUA has adequate capacity for water and sewer connections at this location. Table Cape Fear Public Utilities (CFPUA) Type Ownership Size Location Water Main (Existing) CFPUA 8-inch Rogersville Road Sewer Main (Existing) CFPUA 10-inch Rogersville Road 3.4 Stormwater The project would create 17,356 (33.6%) square feet of newly constructed builtupon area. Designs for on-site stormwater management would be reviewed for compliance with the city s stormwater management regulations. 3.5 Environmental Design Since the site is located within the Conservation Area & Watershed Resource Protection of the CAMA Land Use Classification Map, impervious surface cannot exceed 25 percent of the total site acreage unless the project is exceptionally designed. The applicant proposes the following to comply with exceptional design: o Incorporating amended soils if the existing soils are not suitable to support the proposed pervious pavement. o Disconnecting roof drains from the stormwater piping network PH5-8

9 o o Directing sidewalk runoff to adjacent vegetation to capture, infiltrate and treat for water quality. Landscaping with native vegetation. 3.6 FEMA Flood Area A portion of the property is shown within a Special Flood Hazard Area (SFHA) on Effective NC Flood Map J at Base Flood Elevation 10 feet. However, a Federal Emergency Management Agency (FEMA) map revision based on fill was approved in 2006 removing that determination. The 2015 FEMA preliminary flood maps enlarge the floodplain area and increase the Base Flood Elevation to 12 feet. The applicant would be required to provide documentation from one of the following: o An elevation certificate showing that the lowest finished floor is at Base Flood Elevation (BFE) plus 2 feet, o o Obtain an updated Letter of Map Revision (LOMR), Provide a survey showing the proposed building is outside the floodplain or flood-proof the proposed structure. Staff recommends that the preliminary flood map information be added to the site plan during TRC review. 3.7 Wrightsville Avenue Corridor Overlay Regulations (WACO) Compliance The subject property fronts Wrightsville Avenue, and if developed as proposed, must comply with the WACO regulations found in Section of the Land Development Code. New nonresidential or multifamily construction in the Wrightsville Avenue Corridor is to be compatible with that of existing buildings in the block in which they are located, including building setbacks, building height and building orientation to the street. o The project proposal is for a 3,000 square-foot building and is not subject o to a special use permit. The total lot coverage is approximately 3,000 square feet or 6.9% of the total lot area, which is less than the 25% maximum lot coverage permitted for properties located in the WACO. Lot coverage is defined as the portion of the lot covered by buildings and does not include other impervious surfaces. All new nonresidential structures in the Wrightsville Avenue Corridor Overlay must be setback a minimum of 20 feet from the Wrightsville Avenue street rightof-way. o The proposed office building have a front setback of 20 feet from Wrightsville Avenue and 20 feet from Rogersville Road. The orientation of all new nonresidential structures in the Wrightsville Avenue Corridor Overlay must follow the dominant orientation of structures along the block face in which the structure is located. o o Although the entrance to the proposed building will be oriented to face the interior of the site, the façade of the building located along Wrightsville Avenue will be designed in a manner to give the appearance of facing Wrightsville Avenue. Staff recommends that a pedestrian sidewalk be installed from both Wrightsville Avenue and Rogersville Road to the proposed building. PH5-9

10 The exterior building materials for all new nonresidential structures in the Wrightsville Avenue Corridor Overlay are limited to wood frame, stucco, brick, shingles, vinyl, masonite or aluminum siding designed to resemble wooden lap siding or shingles or a combination of the listed materials. o The sides of the buildings that front Wrightsville Avenue are proposed to contain windows along the entire frontage, meeting the WACO requirements. The buildings will be constructed of material that complies with the list of materials permitted in the WACO. 3.8 Other Reviews TRC Concept plan review occurred on May 28, 2015; a full TRC review would be required. 4. CONSISTENCY WITH ADOPTED PLANS 4.1 City of Wilmington Strategic plan o Foster a Prosperous, Thriving Economy The City will promote opportunity and prosperity by fostering sustainable, regionally coordinated economic growth and development strategies for creating jobs, building a strong workforce, facilitating commerce and business vitality. o Provide Sustainability and Adaptability The City will protect and preserve our natural resources with quality design for the built environment. The City will make strategic decisions focused on the long-term financial, physical and social health of the entire City to enhance our ability to respond to changing economic and demographic conditions. Our actions will be based on a shared commitment to inclusiveness, equity and continuous improvement. Applicability: The proposal would promote economic development by creating and sustaining jobs. The proposal would preserve and protect the environment by incorporating exceptional design elements and setting aside open space and natural areas through the development. Mixed use neighborhoods are a more sustainable, long term development pattern then large contiguous residential areas, that tend to increase auto dependency Wilmington Future Land Use Plan (FLUP) o Chapter II Infill Development of Vacant Land Objective 3.1: Infill sites may be developed as zoned or considered for rezoning to new uses that will enhance the functionality and promote the economic vitality of the surrounding area. Strategy 3.1.4: Develop and utilize zoning districts that allow smaller neighborhood-scale businesses and that incorporate site and building design regulations to ensure that infill development will retain aesthetic as well as functional compatibility with surrounding development. Applicability: The subject site is not identified as a infill small-tract area, however, the applicant proposes a use and site plan specific conditional district rezoning application. The proposed site plan provides benefits to PH5-10

11 the area for infill and sound environmental practice through the exceptional design elements. 4.3 Wrightsville Avenue 2030 (WA2030) o Chapter 3.1 Land Use Objective: Maintain a mix of compatible uses and preserve the residential character of the corridor. Strategy 3.1.1: Support development/redevelopment in accordance with the Recommended Land Use Map. o Encourage neighborhood scale commercial use or multifamily uses. Support only conditional district rezoning requests to NB, O&I-1 or MF-L. Applicability: o The applicant has met the context of the WA2030 through a conditional district application and a use specific site plan. o The property fronts of both Rogersville Road and Wrightsville Avenue. Staff recognizes that it is unlikely the site would develop as single family residential due to the narrow lot as well as the traffic, light and noise pollution from the adjacent roadways. o The proposed rezoning to specific uses would comply with the plan-supported neighborhood scale commercial use. o The recommended land use map for property located at the Wrightsville Avenue and Rogersville Road intersection encourages neighborhood scale commercial use or multifamily uses. CONCLUSIONS 1) The site is currently zoned R-15, Residential District. 2) The proposed rezoning is consistent with the recommended land use map of the Wrightsville Avenue 2030 plan. 3) The proposal is consistent with the Wrightsville Avenue Corridor Overlay regulations that require the development to be consistent with the surrounding uses, building scale, and streetscape. 4) Wrightsville Avenue and Rogersville Road have sufficient capacity to accommodate the estimated increase in traffic associated with the proposed zoning classification. RECOMMENDATION Based on the findings of fact and the information contained in this case summary, the City of Wilmington Adopted Focus Areas, Wrightsville Avenue 2030 plan, and Wilmington Future Land Use Plan, staff believes the request is reasonable and in the public interest. Staff recommends conditional approval of the conditional district rezoning and special use permit request subject to the following conditions: 1. The use and development of the subject property shall comply with all regulations and requirements imposed by the Land Development Code, the City of Wilmington Technical PH5-11

12 Standards and Specifications Manual and any other applicable federal, state or local law, ordinance or regulation, as well as any condition stated below. In the event of a conflict, the more stringent requirement or higher standard shall apply. 2. Approval of this conditional district rezoning and special use permit request does not constitute technical approval of the site plan. Final approval by the Technical Review Committee and the issuance of all required permits must occur prior to release of the project for construction. 3. If, for any reason, any condition for approval is found to be illegal or invalid or if the applicant should fail to accept any condition following approval, the approval of the site plan for the district shall be null and void and of no effect and proceedings shall be instituted to rezone the property to its previous zoning classification. 4. The use and development of the subject property shall be in accordance with the plan as submitted on December 16, The proposed Office & Institutional-1 (Conditional District) shall be limited to the following uses. a. Uses permitted by-right i. artists, commercial, including silk screening ii. assembly hall iii. office, medical iv. office, professional v. personal services vi. private recreation facility 6. Any use allowing a drive-through is prohibited on site. 7. All existing protected trees not impacted by essential site improvements shall be preserved or mitigated. 8. Exterior site lighting shall be installed so as not to shine directly onto adjacent parcels. Site lighting shall be of standard height with a maximum of 12 feet. 9. A conceptual site lighting plan shall be submitted prior to construction release. 10. Any freestanding sign(s) on the site shall be monument style with landscaping around the base of the sign. 11. A 10-foot multi-use path shall be required along the Rogersville Road frontage. 12. A 5-foot sidewalk shall be required along the Wrightsville Avenue frontage 13. FEMA preliminary flood map information shall be added to the site plan review. 14. A pedestrian sidewalk shall be installed from both Wrightsville Avenue and Rogersville Road to the proposed building. 15. All city, state and federal regulations shall be followed. NEIGHBORHOOD CONTACT Planning Commission City Council Signs Posted 1/19/16 3/1/16 Property Owner Letters 1/19/16 3/1/16 Advertisement Date(s) 1/29/16 3/4/16 & 3/11/16 Other Contact(s) Mark Harris, Laura McCabe, Charlotte Buckley, Doug Sherwood Doug Sherwood, Charlotte Buckley Community Meeting: 1/20/16 PH5-12

13 ACTIONS TO DATE Planning Commission 2/3/16; DENIAL, 7-0 City Council Action APPEALED ON 2/10/16; SCHEDULED FOR PUBLIC HEARING ON 3/15/16 Information from the 2/3/16 Planning Commission meeting: Several residents spoke in opposition to the request. Topics of the discussion included stormwater runoff, tree preservation, vegetative buffers, light, noise, and traffic congestion. After discussion, the Planning Commission recommended denial of the request. On February 10, 2016, a letter appealing the Planning Commission s recommendation of denial was submitted to the City Clerk. ATTACHMENTS 1. Conditional District Rezoning application (Dated 12/16/15) 2. Location and Zoning Map (Dated 1/12/16) 3. Aerial Map (Dated 1/12/16) 4. Wrightsville Avenue 2030 Plan (Adopted 1/12/16) 5. Exceptional Design Narrative (Dated 12/16/15) 6. Community Meeting Report (Dated 1/21/16) 7. Proposed Building Elevations (Dated 12/16/15) 8. Proposed Site plan (Dated 1/5/16) 9. Applicant s Appeal Letter (Dated 2/10/16) 10. Planning Commission consistency statement (Dated 2/3/16) 11. Draft Planning Commission 2/3/16 meeting minutes 12. Ordinance PH5-13

14 Transmittal February 10, 2016 To: Ms. Penny Spicer-Sidbury Wilmington City Clerk From: Cindee Wolf Re: Case No. CD / 6149 Wrightsville Avenue As authorized agent on behalf of the property owner of the referenced case, I am notifying you of our wish to appeal the February 3, 2016 Planning Commission s recommendation for denial to the City Council for review at their March 15, 2016 public hearing. Please do not hesitate to contact me if you have any questions or need additional information. Thank you. cc: James Jackson - Owner Jeff Walton Associate Planner P.O. Box 7221, Wilmington, NC * Telephone: * cwolf@lobodemar.biz PH5-14

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18 Attachment 1 - Application PH5-18

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21 CD Wrightsville Avenue Attachment 2 Land Use & Zoning Site Single Family Multi Family Vacant Utilities City of Wilmington PH5-21 1/12/16

22 CD Wrightsville Avenue Attachment 3 Aerial Site City of Wilmington PH5-22 1/12/16

23 CD Wrightsville Avenue Attachment 4 WA2030 Recommendations Site Retain Single-family Zoning or Use Retain Multi-family Uses Zoning Change Recommended City of Wilmington PH5-23 1/12/16

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26 Attachment 6 - Community Report PH5-26

27 Attachment 6 - Community Report PH5-27

28 Attachment 6 - Community Report PH5-28

29 Attachment 7 - Elevations PH5-29

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