The requested rezoning would be consistent with the City of Wilmington Focus Area of Foster a Prosperous, Thriving Economy.

ITEM PH2 OFFICE OF THE CITY MANAGER (910) 341-7810 FAX(910)341-5839 TDD (910)341-7873 9/1/2015 City Council City Hall Wilmington, North Carolina 28401 Dear Mayor and Councilmembers: Attached for your consideration is an ordinance amending the official zoning maps of the City of Wilmington, North Carolina to rezone a parcel totaling 0.49 of an acre located at 3739 Carolina Beach Road and parts of adjacent public rights of way totaling 1.31 acres (Z-3-815). The total area proposed to be rezoned is approximately 1.8 acres. The areas subject to this rezoning are currently zoned R-15, Residential District and are proposed to be zoned to CB, Community Business District, as a general rezoning. The subject areas contain vacant property and public streets. The western portion of the land parcel is presently zoned CB, Community Business. The split between CB and R-15 zoning creates issues of use and consistency. Staff recommends approval of the requested rezoning. The Planning Commission held a public hearing regarding this rezoning on July 1, 2015 and recommended approval of the request by a vote of 5-0. Approval of this rezoning request offers consistency of zoning for the site. CB zoning for portions of the adjacent rights-of-way complements zoning for the subject tract and would further facilitate commercial development of the property by extending the CB, Community Business zoning. The requested rezoning would be consistent with the City of Wilmington Focus Area of Foster a Prosperous, Thriving Economy. If the request is not approved, the site would remain split-zoned. Retaining split zoning on the property may restrict commercial development due to conflicting zoning. Restrictions to commercial development could also remain unresolved if the adjacent rights-of-way continue to be residentially zoned. Passage of the attached Ordinance is recommended. Respectfully submitted, Sterling B. Cheatham, City Manager PH2-1

Ordinance City Council City of Wilmington North Carolina Introduced By: Sterling B. Cheatham, City Manager Date: 9/1/2015 Ordinance Amending the Official Zoning Maps of the City Adopted March 27, 1984 to Zone Property located at 3739 Carolina Beach Road to CB, Community Business District (Z-8-315) 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 18-117 of the Land Development Code THEREFORE, BE IT ORDAINED: SECTION 1: The Official Zoning Maps of the City of Wilmington are hereby amended by rezoning the subject property and portions of rights-of-way in the CB, Community Business zoning classification, said properties being more particularly described as follows: A portion of Property located at 3739 Carolina Beach Road and Portions of the Rights-of-Way of Carolina Beach Road and Independence Boulevard Beginning at a point in the northwestern boundary of Independence Boulevard, a variable width public right-of-way; said point being located at the southernmost point of a lot recorded among the land records of the New Hanover County Registry in Map Book 56, at Page 185, entitled Lot 5, Independence Ventures, LLC; and running thence from the said point of beginning, South 52 0 50 48 West, 55.00 feet, crossing Independence Boulevard to a point in the centerline; thence with said centerline, South 37 0 05 39 West, 414.20 feet to its intersection with the centerline of Carolina Beach Road, a 100 public right-of-way; thence with that centerline, North 26 0 16 18 West, 726.02 feet to a point; thence, North 68 0 25 51 East, 50.46 feet, crossing said road to a point in the northeastern right-of-way; thence with that boundary, South 26 0 33 01 East, 114.12 feet to a point; thence, South 26 0 01 25 East, 124.98 feet to a point; thence, PH2-2

South 26 0 00 27 East, 59.98 feet to a point; thence, South 26 0 01 09 East, 120.12 feet to a point; thence, South 25 0 59 59 East, 60.01 feet to a point; thence leaving the right-of-way, North 63 0 59 33 East, 293.14 feet to a point; thence, South 52 0 50 48 West, 7.24 feet to the point and place of beginning, containing 78,609 square feet, or 1.80 acres, more or less. SECTION 2: 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, so as to make them comply with this ordinance. SECTION 3: That any person violating the provisions of this ordinance shall be subject to the penalties set forth in Section 18-52 of the Land Development Code. SECTION 4: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 5: 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 6: 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 PH2-3

CASE SUMMARY City Council Rezoning September 1, 2015 Z-3-815 Jim Diepenbrock, 910-341-3257, jim.diepenbrock@wilmingtonnc.gov Staff recommendation Planning Commission Recommendation City Council Request Address Acreage Current Zoning Request Property Owner Applicant APPROVAL 8/5/15 APPROVAL, 5-0 PENDING; 9/1/15 A portion of the parcel located at 3739 Carolina Beach Road and a portion of the Carolina Beach Road and Independence Boulevard rights-of-way 1.80± acres R-15, Residential CB, Community Business Independence Ventures, LLC john@commercialrealtyco.com John Hinrichs (910) 392-9800 1508 Military Cutoff Road, Wilmington, NC 28403 Cindee Wolf, Design Solutions cwolf@lobodemar.com PO Box 7221, Wilmington, NC 28406 (910)620-3274 Zoning and Land Use Map Subject Property Zoning Land Use Land Planning Data Applicable Plans/Policies CAMA Land Use Aerial Map Current R-15 Right-of-way; vacant Proposed CB Right-of-way; commercial Wilmington Future Land Use Plan (FLUP) Carolina Beach Road Corridor Plan City of Wilmington Adopted Focus Areas Urban PH2-4

Surrounding Area North South East West Zoning CB R-15 R-15 R-15 Current Land Use Vacant, care facility Right-of-way, Vacant Right-of-way, Vacant Right-of-way, Vacant Case Overview PROPOSAL and ANALYSIS A 1.8 acre parent parcel exists and is split-zoned. Approximately 1.3 acres of the parent parcel is zoned CB, Community Business and approximately 0.50 of an acre is zoned R- 15, Residential. In 2011, the approximate 0.50 of an acre parcel was combined with the property to the north to create the 1.8 acre parcel. The site has frontage along Carolina Beach Road and Independence Boulevard. The Carolina Beach Road and Independence Boulevard rights-of-way are zoned R-15. Zoning the subject parcel CB, Community Business would minimize the land use conflicts associated with split-zoned property. The southern ½-acre portion of the site, which is located adjacent to the intersection of Carolina Beach Road and Independence Boulevard, is proposed to be rezoned to CB, Community Business. An approximate 1.31acre portion of the Carolina Beach Road and Independence Boulevard rights-of-way are proposed to be rezoned to CB, community Business in order to provide vehicular access to the subject property. The request is for a general rezoning. All uses allowed in the CB, Community Business zoning district would be permitted if the property is rezoned as proposed. Typical uses in the CB zoning district include: retail/shopping centers, fast-food restaurants, convenience food stores, and gas/service stations with convenience market. 1. Zoning history The subject property is part of an area annexed into the City Limits effective April 10, 1984. On October 5, 2004, City Council denied a request to rezone the subject parcel from R- 15, Residential to CB, Community Business. 2. Zoning District Purpose Statements Existing Zoning: o 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. Proposed Zoning: o CB, Community Business District: This district is created to accommodate a broader range of commercial services to meet the daily needs of the surrounding neighborhoods. Development in the CB district will reflect both pedestrian and automobile-oriented types and will be located as directed by adopted plans and policies, and typically accommodate larger scale retail and commercial service uses than the Neighborhood Business (NB) District. PH2-5

3. Impacts on public services, facilities, and infrastructure 3.1 Traffic Carolina Beach Road located between Sunnyvale and Independence is currently operating at a Level of Service F. The Carolina Beach Road right-of-way is approximately 100 feet wide, with a pavement width of approximately 75 feet. The Independence Boulevard right-of-way is approximately 100 feet wide, with a pavement width of approximately 85 feet. For estimated trip generation, retail shopping centers, gas stations with convenience market, and fast food restaurants were used as typical uses allowed in the CB zoning district. Table 3.1.1 Estimated Trip Generation: Existing vs. Proposed Zoning Zoning Intensity AM Peak PM Peak Hour Average Daily Hour Trips Trips Trips (ADT) Current Zoning CB 1.3 acres 14,000* sf shopping 47 160 1,892 center R-15 (0.5 of an acre) 1 dwelling unit 2 5 11 Total estimate 49 165 1,903 Proposed Zoning (Typical Uses) CB (1.8 acres) Gas/service station with convenience market Fast food restaurant 19,000* sf shopping center # of fueling positions may vary 4,150 sf (typical size) 57 197 2307 Up to 203 Up to 270 Up to 3,256 188 135 2,059 *Estimate based on 25% lot coverage/building footprint Source: Institute of Transportation Engineers Trip Generation, 9th Edition, 2012. TRIP GENERATION BY Trafficware TripGen 2013 8.0 Table 3.1.2 Current Volumes, Capacities and Levels of Service Road Location Date Volume Capacity V/C LOS Carolina Beach Road Between Sunnyvale Road and Independence Boulevard 7/16/15 31,967 29,300 1.09 F Independence Boulevard Between South 17 th Street and Carolina Beach Road Source: Volume by WMPO TCP, Capacity by NCDOT 6/2014 13,987 15,600 0.90 E PH2-6

The applicant has included options set forth for mitigation of the impact of rezonings on overcapacity roads. (See Attachments 5 and 6) Table 3.1.3 Proposed Mitigation of Impacts on Carolina Beach Road 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) (a) (b) (c) & (e) Agree Neutral Commercial development of the subject vacant property is appropriate because it is at a signalized intersection and established commercial node. The property is currently splitzoned, and rezoning to CB would enable the property to develop under a cohesive zoning designation. Conditions cannot be placed on the approval since the request is for a straight CB zoning; therefore, staff cannot determine if a more efficient transportation system would result in the rezoning. Opportunities exist for shared driveways to neighboring properties. Both Independence Boulevard and Carolina Beach Road are major thoroughfares, thus the number of driveways providing access to the property are limited. 3.2 Public Utilities The proposed rezoning will not affect Cape Fear Public Utility Authority (CFPUA) and its provision of water or sewer infrastructure to serve the subject property. Table 3.2.1 Cape Fear Public Utilities (CFPUA) Type Ownership Size Location Water (Existing) CFPUA 12-inch Independence Boulevard, south of the portion of the street to be rezoned Sewer (Existing) CFPUA 15-inch Independence Boulevard 3.3 Landscaping Future development of the site would require compliance with all applicable landscaping provisions of the Land Development Code. 3.4 Stormwater Future development of the site would be reviewed for compliance with the city s stormwater management regulations. 3.5 Other Reviews Any future development of the site would require review by the Technical Review Committee (TRC) for compliance with the Land Development Code and the city s PH2-7

Technical Standards and Specifications Manual, as well as applicable regional, state and federal regulations. CONSISTENCY WITH ADOPTED PLANS 4.1 2001-2025 Wilmington Future Land Use Plan (FLUP) Chapter II Redevelopment o Guiding Principle I: Redevelopment of underutilized or abandoned properties to a more viable use or improved form and function will contribute to an increased property tax base and is critical to the economic viability of Wilmington. Applicability: The site is identified as a Tier 2 redevelopment area. These areas are characterized by declining or marginal commercial enterprises and are targeted for upgrades on an opportunistic basis when land use changes occur. The proposed CB zoning would allow the entire tract of land to be developed with consistent development standards with an opportunity to develop the site under current regulations. 4.2 Carolina Beach Road Corridor Plan (CBRCP) Strategies for Zoning Changes o Heavy commercial is an acceptable use and the Commercial Services District (CS) is an acceptable zoning designation from Southern Boulevard to just north of Independence Boulevard. Existing heavy commercial uses are viable in this area and contribute to Wilmington s economy, with some supported by the State Port. Applicability: The site is a small, vacant tract that has been combined with the property to the north. While not a heavy commercial zoning designation as CS, Commercial Services, the CB district would allow viable commercial uses to locate along the Carolina Beach Road corridor and is an acceptable zoning district. Currently, the overall parcel is split-zoned with the majority of it being zoned CB. Zoning this 0.50 of an acre tract to CB would allow the entire property to develop cohesively under the same zoning designation. 4.3 City of Wilmington Adopted Focus Areas and Strategic Plan Foster a Prosperous, Thriving Economy o 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. Applicability: Resolving the issue of split zoning on the subject property serves to remove an obstacle to its development. Along with this parcel, currently zoned R-15 zoning, the right of way along the property frontage should be also be rezoned CB for the sake of consistency. For future uses to take advantage of the property location, rezoning the remainder of the tract and adjacent rights-of-way is not unreasonable. The current R-15 zoning is neither appropriate nor suitable. The proposed rezoning is consistent with the recommendations of the FLUP, CBRCP and the goals of the city s Strategic Plan. CONCLUSIONS 1) The proposed zoning is consistent with the recommendations of the Future Land Use Plan, the Carolina Beach Road Corridor Plan, and the goals of the city s Strategic Plan. PH2-8

2) The proposed zoning would be compatible with the existing development pattern in the area. 3) The subject property is contiguous to existing CB zoning, and rezoning the entire subject parcel and adjacent right-of-way is reasonable. RECOMMENDATION Based on the application materials, information provided in the staff report, the recommendations of the Future Land Use Plan, Carolina Beach Road Corridor Plan, and the Strategic Focus Areas identified by City Council, staff believes the request is reasonable and in the public interest and recommends approval of the request. NEIGHBORHOOD CONTACT Planning Commission City Council Signs Posted 7/21/15 8/18/15 Property Owner Letters 7/21/15 8/18/15 Advertisement Date(s) 7/31/15 8/21/15 & 8/28/15 Other Contact(s) Lane Holt, Charles Roundtree None ACTIONS TO DATE Planning Commission 8/4/15 APPROVAL, 5-0 City Council Action PENDING; Public Hearing scheduled for 9/1/15 Information from the 7/1/15 Planning Commission meeting: Other than the applicant, no one spoke in favor of the request. No one chose to speak in opposition to the request. Brief discussion occurred regarding likely placement of entrances into the site. The commission voted 5 0 for approval of the rezoning request. ATTACHMENTS 1. Rezoning application (Dated received 6/22/15) 2. Location and zoning map (Dated 7/20/15) 3. Aerial map (Dated 7/20/15) 4. Composite Future Land Use Map (Dated 7/20/15) 5. Options to Mitigate Impact of Rezonings on Overcapacity Roads (Dated 5/7/13) 6. Applicant s justification for impact to overcapacity status of Carolina Beach Road (Dated 7/22/15) 7. Zoning Boundary Exhibit (Dated 7/22/15) 8. PC Consistency Statement 9. Ordinance PH2-9

PH2-10

PH2-11

PH2-12

PH2-13

Attachment 2 Land Use & Zoning Map Z-3-815 3739 Carolina Beach Road Site Single Family Multi Family Mobile Home/Park Vacant Agriculture Industrial Utilities Office & Institutional Commercial Parks Cemetery City of Wilmington 7/20/15 PH2-14

Attachment 3 Aerial Map Z-3-815 3739 Carolina Beach Road Site City of Wilmington 7/20/15 PH2-15

Attachment 4 Future Land Use Plan Map Z-3-815 3739 Carolina Beach Road Site Commercial Center/Mixed Use Tier 2 Redevelopment Areas City of Wilmington 7/20/15 PH2-16

PH2-17

Options to Mitigate Impact of Rezonings on Overcapacity Roads Exhibit A The following is a menu of options that can be utilized to demonstrate the merits a more intense zoning classification or land use may have despite being located on an overcapacity roadway. An overcapacity road is defined as any road with an average daily volume of vehicle trips that exceeds its designed capacity (volume/capacity ratio > 1). Applicants who wish to take advantage of this policy should provide a narrative as part of their submittal that outlines how their proposal addresses any or all of these criteria. The greater the number of criteria being addressed generally conveys a greater value to the community. This narrative will be included as part of staff s analysis of a proposed rezoning request for property accessing overcapacity roads. 1. The proposed rezoning would allow for a more viable land use and is consistent with City Council s economic development priorities. a. The proposal improves the form and function of an underutilized site and maximizes land use efficiency based on area characteristics such as existing infrastructure, unique site characteristics, adjacent uses, needs of the community and geographic location. 2. The proposed rezoning would ensure a more efficient transportation system relative to: a. Location - The site is located at an interconnected node of two major roads so that vehicle trips would be dispersed to at least two arterial roadways, or one arterial road and one collector street (as identified by the WMPO Functional Classification Map). b. Interconnectivity - The proposal provides interconnections to adjacent developments and/or to signalized intersections or completes a collector road network. c. Access management - The proposal incorporates shared driveways for multiple uses, provides frontage roads and/or alleyways, or closes existing driveways. d. Traffic calming - The proposal incorporates appropriate traffic calming measures on roadway connections to and from adjacent developments. e. Access to Public Transportation - The site is located along an established transit route and the proposal incorporates and provides for a public transit stop and shelter (Coordinated with WAVE Transit). f. Access to Bicycle & Pedestrian Facilities - The site is located adjacent to a city designated bicycle and/ or pedestrian route or a facility that connects to a designated route. 3. The proposed rezoning would ensure a more efficient and/or environmentally sensitive development pattern relative to: a. Mix of uses - The requested rezoning is for a mixed-use zoning classification or a conditional district that incorporates a mix of compatible uses. b. Environmental design - The proposal meets or exceeds exceptional design criteria, employs low-impact development (LID) techniques, meets LEED or comparable standards in building designs or meets applicable watershed restoration recommendations. 4. The impact of any additional traffic generated by the proposed rezoning would be mitigated by a scheduled/funded city or state transportation project or by guaranteed developer improvements. a. There is a currently funded project within the city s Capital Improvements Program; b. There is a currently funded project within the NC DOT Transportation Improvement Program; c. The proposal includes improvements over and above those identified as part of an approved traffic impact analysis; or d. The proposal incorporates improvements consistent with applicable adopted plans. 5. Site is a redevelopment/reuse of a previously developed site and would result in improved site conditions relative to: a. Stormwater management - The redevelopment would result in a net decrease in impervious coverage and/or an improvement to onsite stormwater treatment (water quality) and storage (water quantity). b. Landscaping - The redevelopment includes landscaping that significantly exceeds minimum requirements. c. Aesthetics - The redevelopment would be compatible with and/or would enhance the character of the surrounding area consistent with applicable adopted plans. 6. The proposed development would positively impact other critical infrastructure, including but not limited to: a. Overcrowded schools b. Regional stormwater management c. Bike paths / multi-use trails d. Crosswalks (at locations necessary to traverse the overcapacity road) e. Parks and recreational land and facilities f. Preservation of environmentally sensitive land substantially above minimum requirements PH2-18

Attachment 6 - Overcapacity Status PH2-19

Attachment 7 - Zoning Exhibit Dated Recieved 7/22/15 Point of Beginning Proposed Rezoning p/o Lot 4 / 3739 Carolina Beach Road PIN 312511.57.1035 Property Area - 0.49 ac.+/r/w Area - 1.31 ac.+/_ Total Rezoning Boundary - 1.80 ac.+/- MAP BOOK 56, PAGE 185 PH2-20

PH2-21