PLANNING COMMISSION. Agenda Item # 4.

Transcription

1 PLANNING COMMISSION Agenda Item # 4.

2 CASE SUMMARY Special Use Permit Planning Commission December 5, 2012 SU Jeff Walton, , Staff recommendation CONDITIONAL APPROVAL Planning Commission recommendation PENDING, December 5, 2012 City Council Action PENDING, January 4, 2012 Request Address(es) 7205, 7215, & 7225 Wrightsville Avenue Acreage 4.32 acres Zoning O&I-1, Office and Institutional District 1 Request To allow one building (building C) out of three to be 50 feet in height Property Owner Bailey & Associates cwbailey@baileyandassociates.biz & Applicant P.O. Box 400, Jacksonville, NC (910) Agent Shanklin & Nichols, LLP mnichols@shanklaw.com Matthew Nichols (910) Market Street, Wilmington, NC Current land use and zoning Aerial photograph (2010) Land Planning Data Applicable Plans/Policies CAMA Land Use City of Wilmington Adopted Focus Areas Wrightsville Sound Small Area Plan Urban Surrounding Area North South East West Zoning R-20 CB, C-5 (WB) R-20 CB, R-20 C-5 (WB) Current Land Use Residential, wetlands/pond Commercial, office, vacant Waterway Commercial, residential

3 SU , 7215, & 7225 Wrightsville Avenue Case Overview PROPOSAL and ANALYSIS The mixed-use development, known as The Sidbury, was approved by the city s technical review committee (TRC) on June 30, 2011: Approved three, 4-story buildings with a maximum height of 45 feet, 102 residential units, 15,750 square feet of commercial space, and 13,200 square feet of office space. The applicant is requesting an increase in height for one of the buildings (Building C on attached site plan) from 45 feet to 50 feet. o The requested increase in height would require Building C to be setback a minimum of 80 feet from, and the installation of a 40-foot buffer along the rear property line, where the site is adjacent to residentially-zoned parcels. o Modification eliminates the 13,200 square-foot office space component. o By eliminating the office space, the modification increases the residential unit count by 8 units for a total of 110 units. o Since the building footprints would remain unchanged, lot coverage remains at percent of the maximum allowed 35 percent. 1. Zoning history October 5, 1981: The New Hanover County Commissioners rezoned the subject property from B-2, Highway Business District to O&I, Office and Institutional District. January 31, 1999: The subject property was part of the city s 1995 annexation, which retained its O&I zoning classification upon being annexed. June 30, 2011: Plans for a mixed-use development on the subject site were approved and released for construction. Construction has not started on site. July 5, 2011: The project was issued a release for construction to begin work on site. January 3, 2012: City Council voted to deny a 60-foot tall structure in height. 2. Special Use Requirements In granting a special use permit, all four of the following factors must be found to exist: a. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the special use permit; b. That the use meets all required conditions and specifications; c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the City s Future Land Use Plan, the CAMA plan, and adopted special area plans (i.e. corridor plans, neighborhood plans, Wilmington Vision 2020: A Waterfront Downtown Plan). In addition to the special use requirements listed above, the LDC stipulates various prerequisites for issuance of a special use permit as they pertain to this application. Structures within the O&I-1 district that exceed the by-right height of 45 feet must comply with the following relevant prerequisites: Section O&I-1, Office and Institutional District 1 2

4 SU , 7215, & 7225 Wrightsville Avenue **** (f) Development Standards. *** (2) Height. Structures within the O&I-1 district shall be limited to a maximum of fortyfive (45) feet by right. Structures up to a maximum of seventy-five (75) feet in height may be permitted upon the issuance of a special use permit and if the following conditions are met: a. Maximum lot coverage. Thirty-five (35) percent. b. Setback requirements. The following setback requirements must be met along any property line which is adjacent to a residentially used or zoned parcel: i. Up to sixty (60) feet in height Eighty (80) feet (minimum) building setback. ii. Up to seventy-five (75) feet in height One hundred forty-three (143) feet (minimum) building setback. Driveway #2 North Driveway #3 Driveway #4 Building C 50 feet proposed height Wrightsville Avenue Driveway #1 3. Impacts on Public services, Facilities, and Infrastructure 3.1 Traffic A traffic impact analysis (TIA) was approved for the project on 1/27/11. Those improvements include: o Eastwood Road and Site Driveway #1: Construct Site Driveway #1 as a limited access right-in only driveway with one ingress lane. 3

5 SU , 7215, & 7225 Wrightsville Avenue Construct a westbound right turn lane with a minimum 75-foot fill storage and 50-foot taper, o Canal Drive and Site Driveway #2 and #3: Construct Site Driveway #2 and #3 as full access driveways. o Intersection of Eastwood Road, Wrightsville Avenue and Canal Drive: Install yellow flashing arrow (permitted only as a minimum, protected-permitted preferable) signal heads for east and the westbound left-turn lanes on Eastwood Road and Wrightsville o Avenue at the Canal Drive intersection. Intersection of Eastwood Road and Wrightsville Avenue: Upgrade the dual right turning indications exiting Wrightsville Avenue from the three section arrow indications to three section flashing yellow arrows this enabling the removal of the split phasing of the signal. Access to the site would be from Summer Rest Road, Wrightsville Avenue and Canal Drive. Access from Summer Rest Road would be an unrestricted full service driveway. Table 1. Trip Generation Estimates Zoning Land Use Intensity O&I-1 Approved Site Plan O&I-1 Proposed Site Plan Residential Office Commercial Residential Commercial Table Estimated Trip Generation 102 units 13,200 sq ft 15,750 sq ft 7-9 AM Peak Hour Volume Trips Table 2. Current Volumes, Capacities and Levels of Service Road Location Count Count Volume Date Wrightsville Between Summer Avenue Rest and Airlie roads 4-6 PM Peak Hour Volume Trips Average Weekday 2-way Volume Trips (ADT) ,043 Total Approved , units ,750 sq ft ,043 Total Proposed ,742 Difference Estimated Capacity V/C Ratio Estimated LOS 19,730 11/19/12 33, C Source: Volume counts by WMPO Traffic Count Program, capacity by NCDOT 3.2 Parking Requirements Table Parking Schedule Required Proposed Minimum/Maximum Spaces Required 207/ pervious surface parking & 93 spaces within buildings for Bicycle Parking Spaces Required a total of 207 spaces

6 SU , 7215, & 7225 Wrightsville Avenue 3.3 Public Utilities CFPUA has adequate capacity for water and sewer connections. Table Cape Fear Public Utilities (CFPUA) Type Ownership Size Location Water Main (Existing) CFPUA 8-inch Wrightsville Avenue Sewer Main (Existing) CFPUA 10-inch Canal Drive 3.5 Stormwater City stormwater issued a Stormwater Management Permit No. SWMP on June 29, Other Reviews July 5, 2011: The project was issued a release for construction to begin work on site. CONSISTENCY WITH ADOPTED PLANS City of Wilmington Strategic plan o Focus area of Sustainability and Adaptability. Wrightsville Sound Small Area Plan o The plan identifies the subject site as appropriate for commercial or mixed-use development. o The plan does not identify a specific building height that is appropriate for this area; rather, the plan identifies the special use permit process as the appropriate avenue to determine if a particular building height is appropriate and compatible with the surrounding neighborhood (Strategy 3.5.8). FINDINGS OF FACT 1) The property is currently zoned O&I-1, Office and Institutional District 1. 2) The by-right height for structures within the O&I-1 district is 45 feet. 3) The LDC allows for an increase in building height for structures in the O&i-1 district with the issuance of a special use permit under certain conditions. 4) The LDC allows structures in the O&I-1 district up to 60-feet in height when the building lot coverage does not exceed 35% and the building is setback no less than 80-feet from residentially used or zoned parcels. 5) The proposed lot coverage for the site is 29.11% below the required maximum of 35%. 6) The setback for Building C is 115 feet which is greater than the required 80 feet from adjacent residentially used or zoned parcels. 7) A 40-foot bufferyard would be provided between the proposed development and the adjacent residentially used or zoned parcels. RECOMMENDATION Based on the findings of fact and the information contained in this case summary, staff believes the proposal meets the special use requirements and prerequisites for increased building height 5

7 SU , 7215, & 7225 Wrightsville Avenue in the O&I-1 district. Based on the findings of fact and the information contained in the case summary, staff recommends conditional approval of the request subject to the following: 1. The applicant shall fully comply with all of the specific requirements stated in the Land Development Code for the proposed use as a well as any additional conditions stated below. 2. If any section, subsection, paragraph, sentence, clause, phrase or portion of this permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, this special use permit shall be null and void and of no effect. 3. The use and development of the subject property shall be in accordance with the plan received on 10/24/ The use and development of the subject property shall comply with all other supplemental regulations and requirements imposed by the Land Development Code or any other applicable federal, state or local law, ordinance or regulation. In the event of a conflict, the more stringent requirement or higher standard shall apply. 5. The height of Building C, as depicted on the site plan received on 10/20/11, shall be no taller than 50 in height. Buildings A and B shall be no taller than 45 feet in height. 6. The use and development of the property shall comply with the approved traffic impact analysis. 7. Approval of this rezoning request does not constitute technical approval of the site plan. All Technical Review Committee comments shall be followed prior to issuance of a construction release or final zoning approval. NEIGHBORHOOD CONTACT Planning Commission Signs Posted 11/21/12 Property Owner Letters 11/21/12 Advertisement Date(s) 11/30/12 Other Contact(s) None City Council ACTIONS TO DATE Planning Commission Scheduled for public hearing 11/14/12 City Council PENDING, January 4, 2012 ATTACHMENTS 1. Special use permit application (Dated received 10/24/12) 2. Location and zoning map (Dated 11/15/12) 3. Aerial map (Dated 11/15/12) 4. Wrightsville Sound Small Area Plan Recommended Land Use Map (Adopted 7/12/11) 5. Site plan and elevations (Received 10/22/12) 6

8

9

10

11

12

13

14

15

16

17

18

19

20

21 SU , 7215, & 7225 Wrightsville Avenue Site City of Wilmington 11/15/12

22 SU , 7215, 7225 Wrightsville Avenue Wrightsville Sound Small Area Plan Recommended Land Use Map Site City of Wilmington 11/9/11

23

24

25

26

27

28

29