The requested rezoning would be consistent with the City of Wilmington Focus Area of Welcoming Neighborhoods and Public Spaces.

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1 ITEM PH3 OFFICE OF THE CITY MANAGER (910) FAX(910) TDD (910) /6/2015 City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers: Attached for your consideration is an ordinance approving a conditional district rezoning (CD ) for a site totaling 2.3 acres located at 619 & 623 South Kerr Avenue, for the construction of two, 3-story apartment buildings housing 24 units for a total of 72 bedrooms. The subject site is proposed to be rezoned from R-10, Residential District to MF-M (CD) Multi-family Residential-Medium Density (Conditional District). An accompanying case summary follows the ordinance. Initially, the applicant had proposed to rezone the site to MF-M (CD) Multi-family Residential-Medium Density (Conditional District) to allow construction of two, 3-story apartment buildings housing 36 units for a total of 90 bedrooms. Staff expressed concern about a density of 15.7 units per acre at this location off Kerr Avenue. Instead, staff recommended MF-L (CD) Multi-family Residential-Low Density (Conditional District), due to South Kerr Avenue operating at a grade F level of service. MF-L (CD) would have limited the density to 10 units per acre for a total of 23 units. At the Planning Commission meeting, the applicant voluntarily proposed to reduce the total unit count to 24 units, under the proposed MF-M (CD) zoning. The requested rezoning would be consistent with the City of Wilmington Focus Area of Welcoming Neighborhoods and Public Spaces. A community meeting was hosted by the applicant on November 18, The Planning Commission held a public hearing regarding this conditional district rezoning on December 3, The Planning Commission recommends conditional approval of the rezoning with modification of the ordinance concerning building location and maximum number of units set at 24. If approved, the rezoning would allow the construction of two, 3-story apartment buildings housing 24 units for a total of 72 bedrooms. If the request is not approved, the property would retain its current R-10, Residential and the proposed use would not be permitted. Passage of the attached Ordinance is recommended. Respectfully submitted, Sterling B. Cheatham, City Manager PH3-1

2 Ordinance City Council City of Wilmington North Carolina Introduced By: Sterling B. Cheatham, City Manager Date: 1/6/2015 Ordinance Amending the Official Zoning Maps Of The City Adopted March 27, 1984 To Rezone Properties Containing 2.3 Acres Located At 619 & 623 South Kerr Avenue From R-10, Residential District To MF-M (CD), Multi-family Residential-Medium Density (Conditional District) To Allow Construction Of Two, 3-Story Apartment Buildings Housing 24 Units For A Total Of 72 Bedrooms (CD-3-813) LEGISLATIVE INTENT/PURPOSE: WHEREAS, NCGS Section 160A-385 authorizes local governments to change or modify zone 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-10, Residential District classifications and putting it in the MF-M (CD) Multi-family Residential-Medium density (Conditional District) classification, said tracts being more particularly described as follows: Legal Description for Conditional District Rezoning of 619 & 623 S. Kerr Avenue Beginning at a point in the eastern boundary of S. Kerr, a 60 public right-of-way; said point being located southerly along the right-of-way, feet from its intersection with the southern boundary of Kimberly Way, a 60 public right-of-way; and running thence from the point of beginning, North East, feet to a point; thence South East, feet to a point; thence South West, feet to a point in the eastern boundary of S. Kerr Avenue; thence with that right-of-way, North West, feet to the point and place of beginning, containing 100,041 square feet, or 2.30 acres, more or less. SECTION 2: The following rules, regulations and conditions shall apply to the property described in this ordinance: PH3-2 PH3-2

3 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. Approval of this rezoning 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. 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. The use and development of the subject property shall be in accordance with the plan as submitted 10/22/14 and approved. The permitted use shall be restricted to a maximum 24-unit multi-family residential development with no more than 72 bedrooms. All existing protected trees not impacted by essential site improvements shall be preserved or mitigated. A 10-foot wide multi-use path shall be provided along South Kerr Avenue. A minimum of 20 bicycle parking spaces shall be provided on the site. Exterior site lighting shall be installed so as not to shine directly onto adjacent parcels and shall be limited to full cutoff type fixtures. A conceptual site lighting plan shall be submitted prior to construction release. Any freestanding sign(s) on the site shall be monument style with landscaping around the base of the sign; no pole signs shall be permitted and internal illumination shall be prohibited. The use of pine straw as ground cover shall be prohibited within ten (10) feet of any combustible exterior construction. Tree protection fencing shall be installed along all protected trees with signage of no material storage in English and Spanish. All applicable city, state and federal regulations shall be followed. The locations of the proposed buildings shall be approved by the Technical Review Committee subject to the impact of the future right-of-way for the Hoggard/Hurst Drive Extension project. SECTION 3: The City Clerk and the Planning Manager 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. PH3-3 PH3-3

4 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 2015 Attest: Bill Saffo, Mayor Approved As To Form: Penelope Spicer-Sidbury, City Clerk City Attorney PH3-4 PH3-4

5 CASE SUMMARY Conditional District Rezoning City Council January 6, 2015 CD Jeff Walton, , Staff recommendation CONDITIONAL APPROVAL WITH MODIFICATION Planning Commission recommendation 12/3/14; MODIFIED APPROVAL, 5-0 City Council Action PENDING; 1/6/15 THIS CASE SUMMARY HAS BEEN MODIFIED TO REFLECT THE PROPOSAL MODIFIED AT THE PLANNING COMMISSION MEETING Request Address(es) 619 & 623 South Kerr Avenue Acreage Request Property Owners 2.3 acres R-10, Residential District to MF-M (CD) Multi-family Residential-Medium Density (Conditional District) to allow construction of two, 3-story apartment buildings housing 24 units for a total of 72 bedrooms. DRF Properties/Rodney Williams foti63@aol.com 2840 South College Road, #224 (910) Wilmington, NC Applicant Design Solutions/Cindee Wolf cwolf@lobodemar.biz P.O. Box 7221, Wilmington, NC (910) Current land use and zoning Aerial photograph (2010) Property Current Proposed Zoning R-10 MF-M (CD) Land Use Vacant 24 multi-family units Residential Density 4.4 units/acre 17 units/acre Land Planning Data Applicable Plans/Policies CAMA Land Use Wilmington Future Land Use Plan (FLUP) City of Wilmington Adopted Focus Areas Urban PH3-5

6 CD ; 619 & 623 South Kerr Avenue Surrounding Area North South East West Zoning R-10 R-10 MF-M R-10 Current Land Use Single-family University Parking Lot Multi-family Single-family Case Overview PROPOSAL and ANALYSIS Rezone two parcels totaling 2.3 acres from R-10, Residential District to MF-M (CD) Multi-family Residential-Medium Density (Conditional District) to allow construction of two, 3-story apartment buildings housing 24 units for a total of 72 bedrooms. At 2.3 acres, the maximum build out under the proposed zoning would be 39 units; the applicant proposes a total of 24 units in the development; a density of 10.4 dwelling units per acre. 1. Zoning history A portion of the site adjoining South Kerr Avenue was annexed into the city on December 27, Portions of the rear of the site were annexed into the city on May 30, 1975 and December 27, It appears that residential zoning was applied at the time of annexations. 2. Existing zoning R-10, Residential District This district is established for moderate and low density residential development and other compatible uses. It may act as a transition between higher density urban development located on the edges of the 1945 corporate limits and lower density suburban residential development located elsewhere within the city limits. Land uses considered harmful to the health, safety and welfare of district residents shall be prohibited from infringing upon the livability of residential areas within the district. o Maximum density is 4.4 lots per acre. 3. Proposed zoning MF-M, Multiple-family Residential District This district is established for moderate density single family and multiple family developments of varying types and designs. It functions as a transitional land use between intensive nonresidential uses or higher density residential areas and lower density residential areas. The district is designed to respond to the varying housing needs of the community while affording a reasonable range of choice, type and location of housing units within the City. o Maximum density is 17 units per acre 2 PH3-6

7 CD ; 619 & 623 South Kerr Avenue Proposed Driveway off South Kerr Avenue 4. Impacts on Public Services, Facilities, and Infrastructure 4.1 Traffic Ingress and egress to the site would be provided by one driveway from South Kerr Avenue. The project will not be impacted by proposed improvements to South Kerr Avenue as a part of plans by the NCDOT to widen South Kerr Avenue in A TIA is not required for the proposed development based on the number of projected trips. City-approved transportation plan calls for 10-foot wide multi-use path along the frontage of the proposed development. Staff recommends this be an added condition to the rezoning application. As a point of information, Hurst Drive between South Kerr Avenue and South College Road is to be extended through the university-owned property, adjacent to the south. Zoning Land Use Intensity Table Estimated Trip Generation AM Peak Hour Trips PM Peak Hour Trips Average Weekday 2- way Volume Trips (ADT) Existing R-10 Single Family Residential 8 lots Proposed MF-M (CD) Apartments 24 units Source: Institute of Transportation Engineers Trip Generation, 8th Edition, TRIP GENERATION BY MICROTRANS Table Current Volumes, Capacities and Levels of Service Road Location Volume Capacity V/C LOS South Kerr Avenue Between Hoggard Drive & St. James Road 17,341 15, F 3 PH3-7

8 CD ; 619 & 623 South Kerr Avenue Overcapacity conditions exist on South Kerr Avenue, which is a road maintained by the NC Department of Transportation. The applicant has included options set forth for mitigation of the impact of rezonings on overcapacity roads. (See Attachment 5) Table Proposed Mitigation of Impacts on South Kerr Avenue Stated Criteria (per applicant) (Attachment 5) Staff Opinion (agree/disagree /neutral) Comments Viable Land Use / Consistent with City economic development priorities (1)(a) More efficient transportation system (2) (e) Disagree Agree The proposed development maximizes density and provides one access point with no interconnectivity. There will be only one way in/out of the project. All vehicular traffic will exit onto South Kerr Avenue. No benefits were shown with clustering development or design. The development does provide a sidewalk connection to South Kerr Avenue where a bus transit route is available As a general note, the placement of multi-family housing with access to transit routes is a favorable outcome Parking Requirements Table Parking Schedule Parking Schedule Required Proposed Minimum/Maximum Spaces 54/60 75 including 4 handicap spaces Required Bicycle Parking Spaces Required 5 spaces 20 spaces 4.3 Public Utilities Table Cape Fear Public Utilities (CFPUA) Type Ownership Size Location Water Main (Existing) CFPUA 12-inch South Kerr Avenue Sewer Main (Existing) CFPUA 8-inch South Kerr Avenue 4.4 Landscaping, Buffering, Tree Protection and Open Space The subject site consists of two parcels that are vacant and heavily wooded. The project design would preserve a number of trees along the perimeter of the site, recreation space and in the streetyards. Several landscape islands have been designed to incorporate existing trees. Approval of the landscape plan is required prior to release of the project for construction. 4 PH3-8

9 CD ; 619 & 623 South Kerr Avenue Table Open Space Open Space Requirement Required Proposed Total Open Space 35,014 square feet (35%) 49,901 square feet (49.9%) Active/Passive Space 17,507 square feet 35,014 square feet Open Space 17,507 square feet 14,887 square feet 4.5 Stormwater The project would create approximately square feet (46%) of built-upon area. Designs for on-site stormwater management would be reviewed for compliance with the city s stormwater management regulations. Pervious concrete paving is proposed for the parking areas. 4.6 Other Reviews TRC Concept plan review 7/3/14; a full TRC review will be required. 5. Consistency with Adopted Plans Wilmington Future Land Use Plan (FLUP) Future Land Use Plan The subject site is identified on the Future Land Use Plan (FLUP) map as an area where transitioning to higher density residential is supported. Guiding Principle 1 As the city s demographics change, needs and demands also will change causing inevitable transition of land uses in underutilized areas. The impact of land use transition should be anticipated and planned for to ensure that it occurs in a manner beneficial to the subject are and to the overall community. Objective 1.1. Single-Family Residential Transitioning to Higher-Density Residential- S. Kerr Avenue south of Randall Parkway Acceptable development patterns are duplex, triplex, quadraplex and low-density multifamily. o Applicability: The FLUP recognizes that as areas of the city become more urbanized, allowing areas to transition to higher density development that is compatible with the surrounding area is necessary to serve the changing demographics of the community and provide for increased housing choices. This development may begin a trend of rezoning from Randall Parkway south along South Kerr Avenue. Given that South Kerr Avenue is operating at a level of service F, MF-M may not be the suitable zoning pattern to comply with the FLUP. The applicant is proposing 10.4 units per acre, which is the minimum for MF-M zoning which the zone would allow a maximum of 17 units per acre. Based on the number of units proposed, MF-M (CD) is appropriate for this section of South Kerr Avenue. 5.2 City of Wilmington Adopted Focus Areas and Strategic Plan Welcoming Neighborhoods and Public Spaces: The city will support housing options and unique neighborhoods and plan for sustainable, quality redevelopment. We will promote active use of City and regional parks, partner to enhance our public spaces, and protect and maximize our natural resources. o Applicability: This adopted focus area supports providing housing opportunities that provide choices along with sustainable design. The proposed plan offers a multi-family housing project that is compatible with 5 PH3-9

10 CD ; 619 & 623 South Kerr Avenue the surrounding neighborhood, in close proximity to educational and commercial services, promotes sustainability through low-impact design in the use of pervious materials and provides pedestrian connectivity. CONCLUSIONS 1) The proposed development would provide housing in proximity to UNCW. 2) South Kerr Avenue is overcapacity at a level of service F. 3) The applicant submitted options set forth for mitigation of the impact of rezonings on overcapacity roads but only addressed one criteria, accessible access to Wave Transit via South Kerr Avenue. 4) The FLUP identifies this area as being suitable for transition from single-family uses to duplex, triplex, quadraplex and low-density multi-family. 5) The applicant is proposing 10.4 units per acre, which is the minimum for MF-M zoning which the zone would allow a maximum of 17 units per acre. Based on the number of units proposed, MF-M (CD) is appropriate for this section of South Kerr Avenue. RECOMMENDATION The proposed staff recommended zoning map amendment to MF-M (CD) is consistent with the recommendations of the Future Land Use Plan. Based on the recommendations of the adopted Future Land Use Plan and the City of Wilmington Adopted Focus Areas, staff believes the request can be made reasonable and in the public interest and recommends conditional approval subject with 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 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 rezoning 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 10/22/14 and approved. The permitted use shall be restricted to a maximum 24-unit multi-family residential development. 5. All existing protected trees not impacted by essential site improvements shall be preserved or mitigated. 6. A 10-foot wide multi-use path shall be provided along South Kerr Avenue. 7. A minimum of 20 bicycle parking spaces shall be provided on the site. 8. Exterior site lighting shall be installed so as not to shine directly onto adjacent parcels and shall be limited to full cutoff type fixtures. 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; no pole signs shall be permitted and internal illumination shall be prohibited. 6 PH3-10

11 CD ; 619 & 623 South Kerr Avenue 11. The use of pine straw as ground cover shall be prohibited within ten (10) feet of any combustible exterior construction. 12. Tree protection fencing shall be installed along all protected trees with signage of no material storage in English and Spanish. 13. All applicable city, state and federal regulations shall be followed. NEIGHBORHOOD CONTACT Planning Commission City Council Signs Posted 11/18/14 12/22/14 Property Owner Letters 11/18/14 12/22/14 Advertisement Date(s) 11/28/14 12/26/14 & 1/2/15 Other Contact(s) Mildred Craig None Community Meeting: 11/18/14 ACTIONS TO DATE Planning Commission 12/3/14; MODIFIED APPROVAL, 5-0 City Council PENDING; 1/6/15 Information from the 12/3/14 Planning Commission meeting: No person spoke in favor of or in opposition to the request. After discussion concerning unit counts, location of the proposed buildings and the proposed Hoggard Drive Extension, the Planning Commission recommended conditional approval of the request with the staff recommendations contained in the staff report with the added conditions: 14. The recommended zoning district of MF-M (CD) Multi-family Residential-Medium Density (Conditional District) is allowed but that the total unit count cannot exceed 24 units. 15. The locations of the proposed buildings shall be approved by the Technical Review Committee subject to the impact of the future right-of-way for the Hoggard/Hurst Drive Extension project. Staff concurs with the recommended conditions. The above case summary has been amended based on the recommendation of Planning Commission. ATTACHMENTS 1. Conditional District Rezoning Application (Dated Received 10/22/14) 2. Location and Land Use Map (Dated 11/17/14) 3. Aerial Map (Dated 11/17/14) 4. Future Land Use Plan Transition Map (Dated 11/17/14) 5. Applicant s Response to Overcapacity Roads (Dated Received 11/17/14) 6. Community Meeting Report (Dated Received 11/19/14) 7. Proposed Building Elevation (Dated Received 12/8/14) 8. Proposed Site Plan (Dated Received 12/8/14) 9. Planning Commission consistency statement (Dated 12/3/14) 10. Draft Planning Commission 12/3/14 meeting minutes 7 PH3-11

12 CD ; 619 & 623 South Kerr Avenue 11. Ordinance 8 PH3-12

13 Future Land Use Plan Map CD & 623 South Kerr Avenue Site Varied Use Area Small Tract Infill Transition to Higher Density Residential (Acceptable) Tier 2 Redevelopment Areas City of Wilmington PH /17/14

14 Aerial Map Attachment 3 CD & 623 South Kerr Avenue Site City of Wilmington 11/17/14 PH3-14

15 Land Use & Zoning Map CD & 623 South Kerr Avenue Site Single Family Multi Family Mobile Home/Park Vacant Agriculture Industrial Utilities Office & Institutional Commercial Parks Cemetery City of Wilmington PH /17/14

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