2/16/2016. City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers:

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1 ITEM O1 2/16/2016 OFFICE OF THE CITY MANAGER (910) FAX(910) TDD (910) City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers: Attached for your consideration is an ordinance amending the Land Development Code to create a new definition for conservation tracts and exempt conservation tract subdivisions from minimum access requirements. A case summary follows the ordinance. The Land Development Code currently requires new lots within a subdivision to abut or be adjacent to an approved street or private access easement. These access standards were established to ensure safe and reasonable vehicular access to newly created lots for public and emergency vehicles. The proposed amendment would provide an exemption to the current access requirements for a number of parcels adjoining conservation lands, and requiring a minimum lot size of 2 acres or more. Planning staff believes the requested amendment would be inconsistent with the City of Wilmington Strategic Plan Focus Area of Create a Safe Place, but consistent with the Focus Area of Provide Sustainability and Adaptability. Planning staff recommends denial of the amendment, in support of current access standards. The Planning Commission held a public hearing regarding this code amendment on January 6, The Planning Commission recommends approval of the proposed code amendment, in support of incentivizing lower density development adjoining conservation areas. If approved, the amendment would allow properties that meet the definition of a conservation tract to be subdivided at a density of no more than one unit per two acres, provided that safe and reasonable access is approved by the City Manager. If not approved, the current minimum access requirements for newly created lots would remain unchanged. At your February 2, 2016 meeting, Council approved this item by a vote of 6-1 on 1st reading. Second reading for this item is scheduled for your February 16, 2016 meeting. Passage of the attached Ordinance is recommended. Respectfully submitted, Sterling B. Cheatham, City Manager O1-1

2 Ordinance City Council City of Wilmington North Carolina Introduced By: Sterling B. Cheatham, City Manager Date: 2/02/2016 Ordinance Amending the Land Development Code Chapter 18, Article 7, Division III, Section , Article 11, Section , and Article 15, Section To Create a Definition for Conservation Tracts and Exempt Conservation Tract Subdivisions From Minimum Access Requirements (LDC-7-116) LEGISLATIVE INTENT/PURPOSE: WHEREAS, NCGS Section 160A-385 authorizes local governments to amend ordinances regulating land use 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; and WHEREAS, the amendment set out below is intended to promote the public health, safety, and welfare by amending the Land Development Code to create a definition for conservation tracts and exempt conservation tract subdivisions from minimum access requirements. THEREFORE, BE IT ORDAINED: SECTION 1: Chapter 18, Article 7, Division III, Section (c) of the Land Development Code is hereby amended to read as follows: (c) Lot access: Each lot of a subdivision shall individually abut or be adjacent to an approved street or private access easement as defined in Article 15 of this chapter. Townhouse-type and Conservation Tract subdivisions may be exempted from this requirement at the discretion of the subdivision review board; provided, however, in all cases, each individual lot shall be assured safe and reasonable vehicular access to and from an approved street. SECTION 2: Chapter 18, Article 11, Section (b) of the Land Development Code is hereby amended to read as follows: (b) Townhouses and Conservation Tracts, as defined in the definition section of this chapter, are exempt from the requirements of this section; provided, however, such lots shall be subject to the subdivision regulations of the City of Wilmington. Where structures are O1-2

3 erected or moved on a lot which meets the requirements of this chapter and said structures are not located immediately adjacent to streets described above (such as in case of apartment buildings or manufactured housing parks), said structures shall be provided with access thereto by means approved by the City Manager or designee as to its suitability for all-weather travel by public and emergency vehicles; and provided further that appropriate agreements or covenants approved by the City Attorney provide for continued maintenance of such streets and access ways. SECTION 3: Chapter 18, Article 15, Section of the Land Development Code is hereby amended to add the following definition in alphabetical order: Conservation tract: A tract of land in excess of four acres and less than eight acres that abuts a conservation area on the Land Classification Map for the Wilmington-New Hanover CAMA Plan and is limited to a minimum lot size of two acres with all such lots abutting a conservation area. SECTION 4: That any person violating the provisions of this ordinance shall be subject to the penalties set forth in Article XIV, Section of the Land Development Code. SECTION 5: That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 6: That 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: That 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 O1-3

4 LAND DEVELOPMENT CODE AMENDMENT City Council: February 16, 2016 Case: LDC Staff Contact: Brian Chambers; Staff Recommendation: Planning Commission Recommendation: City Council Action: Denial Approval, 6-1 2/2/16, Approval, 6-1, 1 st Reading 2/16/16, Scheduled for 2 nd Reading Request Code Section(s) Chapter 18, Article 7, Division III, Sec Lots, Article 11, Sec Access, and Article 15, Sec Definitions Request To create a definition for conservation tracts and exempt conservation tract subdivisions from minimum access requirements. Applicant Case Overview Matthew S. Cunningham Lee Law Firm, PLLC 1427 Military Cutoff Road, Suite 208 Wilmington, NC matt@leelawfirm.com The applicant has proposed an amendment to the Land Development Code (LDC) that would create a definition for a conservation tract and establish an exemption from the minimum access requirements for conservation tract subdivisions. The amendment would define a conservation tract as any tract of land between four and eight acres in size that abuts a conservation area as identified by the CAMA Land Classification Map. The amendment would establish a minimum lot size of two acres and create an exemption from access requirements for new lots created within a conservation tract subdivision. ANALYSIS The LDC currently requires all new lots within a subdivision to abut or be adjacent to an approved street or private access easement. All public and private streets and all private access easements must meet the minimum design requirements established by the city s Technical Standards and Specification Manual. The number of residential units served by a private access easement is limited to a maximum of four units. These standards are established to ensure safe and reasonable vehicular access to all newly created lots for all public and emergency vehicles. The LDC does provide an exemption from the minimum access requirements for townhouse-type subdivisions since newly created lots within these subdivisions are typically limited to the building footprint. Conservation areas, as identified by the CAMA Land Classification Map, generally include estuarine areas of environmental concern (AEC s) and adjacent lands located within the 100-year floodplain. These areas are not as desirable for development due to the potential degradation of environmental resources. Development activities may also have severe or hazardous limitations for development O1-4

5 LDC due to their proximity to or location within the floodplain. Attachment 2 provides a map depicting conservation areas, as identified by the CAMA Land Classification Map, and potential parcels that meet the proposed definition of a conservation tract. PROPOSED AMENDMENT Following are the applicant s proposed amendments to the Land Development Code. Additions are underlined. Chapter 18, Article 7, Division III, Sec Lots (c) Lot access: Each lot of a subdivision shall individually abut or be adjacent to an approved street or private access easement as defined in Article 15 of this chapter. Townhouse-type and Conservation Tract subdivisions may be exempted from this requirement at the discretion of the subdivision review board; provided, however, in all cases, each individual lot shall be assured safe and reasonable vehicular access to and from an approved street. Chapter 18, Article 11, Sec Access (b) Townhouses and Conservation Tracts, as defined in the definition section of this chapter, are exempt from the requirements of this section; provided, however, such lots shall be subject to the subdivision regulations of the City of Wilmington. Where structures are erected or moved on a lot which meets the requirements of this chapter and said structures are not located immediately adjacent to streets described above (such as in case of apartment buildings or manufactured housing parks), said structures shall be provided with access thereto by means approved by the City Manager or designee as to its suitability for all-weather travel by public and emergency vehicles; and provided further that appropriate agreements or covenants approved by the City Attorney provide for continued maintenance of such streets and access ways. Chapter 18, Article 15, Sec Definitions Conservation tract: A tract of land in excess of four acres and less than eight acres that abuts a conservation area on the Land Classification Map for the Wilmington-New Hanover CAMA Plan and is limited to a minimum lot size of two acres with all such lots abutting a conservation area. CONCLUSION The proposed amendment would create a definition for a conservation tract and establish an exemption from the minimum access requirements for conservation tract subdivisions. The LDC currently requires all new lots within a subdivision to abut or be adjacent to an approved street or private access easement. Access standards are established to ensure safe and reasonable vehicular access to all newly created lots for all public and emergency vehicles. Conservation areas, as identified on the CAMA Land Classification Map, include fragile estuarine areas and lands located within the 100-year floodplain. These have severe or hazardous limitations for development due to their proximity to or location within the floodplain. O1-5

6 LDC DISCUSSION/RECOMMENDATION Minimum access requirements were established to ensure safe and reasonable vehicular access to all newly created lots. Many parcels in the city were created prior to the current standards for lot access, particularly in the 1995 and 1998 annexation areas. These parcels present a major challenge to emergency responders (i.e. fire, police, EMS) as inadequate access can delay response times or prohibit access all together, putting lives and property at risk. The Wilmington Fire Department (WFD) has been consulted about the proposed amendment and the department has expressed concerns over the access exemption. Parcels located in identified conservation areas also represent a major challenge since they are typically the most desirable for new development due to their proximity to the water and the least desirable from an environmental and public safety perspective due to the risk of environmental degradation and placing more property in harm s way. The proposed amendment would provide an exemption to the current access requirements for a number of parcels located in areas where emergency access is already a safety issue and where environmental and natural hazards are typically a major concern. Staff believes the proposed amendment is contrary to the public, health, safety, and welfare objectives of municipal zoning and is inconsistent with the City of Wilmington Adopted Focus Area of Create a Safe Place, therefore, staff recommends denial of the request. NEIGHBORHOOD CONTACT Planning Commission City Council Advertisement Date(s) 1/1/16 1/22/16 & 1/29/16 ACTIONS TO DATE Planning Commission 1/6/15; Approval, 6-1 City Council 2/2/16; Approval, 6-1, 1 st Reading 2/16/16; Scheduled for 2 nd Reading Information from the 1/6/16 Planning Commission meeting: No one spoke in favor of or in opposition to the proposal. After discussion, the Planning Commission voted 6-1 to recommend approval of the code amendment. Information from the 2/2/16 City Council meeting: No one spoke in favor of or in opposition to the proposal. After discussion, the City Council voted 6-1 to recommend approval of the code amendment. ATTACHMENTS 1. LDC Amendment Application (Dated 12/30/15) 2. Map of CAMA Conservation Areas and Potential Conservation Tracts (Dated 11/30/15) 3. Planning Commission Recommendation (Dated 1/6/16) 4. 1/6/16 Planning Commission meeting minutes (draft) 5. Ordinance O1-6

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11 LDC Conservation Tract Subdivisions Attachment 2 Potential Conservation Tracts CAMA Conservation Areas Potential Conservation Tracts (21) City Limits Insert.jpeg here City of Wilmington 12/09/15 O1-11

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