CASE SUMMARY Conditional District Zoning Modification Planning Commission January 9, 2013 CD-3-109-M1212 Jim Diepenbrock, Associate Planner jim.diepenbrock@wilmingtonnc.gov 910-341-3257 Staff recommendation CONDITIONAL APPROVAL Planning Commission recommendation Pending City Council Action Pending. Request Address 5000 River Road Size 1358.717 acres Request A. Modification to amend approval conditions of CD-3-109. B. Proposal to modify provisions of the existing development agreement including but not limited to mix of uses and master plan of development. Property Owner NNP IV, LLC, Doug South, Project Manager, Newland Communities Applicant Michael V. Lee; Lee Law Firm, PLLC 3909 Wrightsville Ave, Suite 100 Wilmington, NC 28403 Current land use Aerial photograph (2010)
2 Property Current Proposed Zoning MX(CD), R-7(CD) No Change Land Use Vacant n/a Allowable Residential Density 2,290 units maximum 2,790 units maximum Allowable Non-residential Density Applicable Plans/Policies Surrounding Area Zoning Current Land Use 1,000,000 square feet maximum Wilmington Future Land Use River Road Small Area Plan, < 1,000,000 square feet, depending on number of residential units Plan, Strategic Plan, CAMA Land Use Plan North South East West LI, Light Industrial, R-15 (County) R-15 (County) MX, Mixed Use, MF-M, Multi-family residential I-2 (County) Industrial, Commercial, Multi-family residential Residential, single-family Residential, single-family Cape Fear River BACKGROUND AND HISTORY FOR PLANNING COMMISSION This request proposes an amendment to the conditional zoning approval adopted by City Council and would modify the existing development agreement between the city and the property owner. May 19, 2009 Annexation approved by City Council May 19, 2009 CD Zoning approved by City Council o 1155.6 acres: R-7(CD) zoning for single-family and multi-family residential o 184.7 acres: MX(CD) zoning for mixed use development June 10, 2009 Development agreement executed between City and Newland July 2, 2012 Approval of HB 180 (date effective, July 1, 2012) for an additional 10.51 acres September 18, 2012 Assignment of zoning (MX district) by City Council to newly annexed parcel The overall RiverLights development concept is shown on Attachment 6. As approved in 2009, the community will contain residential neighborhoods, commercial buildings, a marina, streets and public use areas; a summary of relevant facts is as follows: Allocation by the developer of fees or property to fund provision of fire protection Construction of internal multi-use trail for pedestrian and bicycle traffic Construction of transportation improvements (including the relocation of River Road) in the vicinity of the site and in the nearby off-site areas as identified in the Traffic Impact Analysis (TIA) Construction of new streets, interconnecting at specified points with existing developments and neighborhoods Relocation of River Road, construct circulation and transportation network within the development Upgrading sewer/water facilities with capacity enhancements
3 Relocation of the existing Wilmington Police Department (WPD) firing range Dedication of three parcels within the development to the city for use as park, recreational and open space Overview of requested modifications: The revisions to the development agreement propose: Non-substantive clarifications and updates Modifying the duration of the Agreement Adjustments to payment dates and creation of future public transportation infrastructure Modifying the completion dates for specified off-site road infrastructure improvements New language to reflect investments that NNP-IV has made to complete the required public sewer infrastructure Increases in proposed residential density, accommodation of multi-family areas and timing for initial MX-zoned phases Continued, ongoing focus regarding relocation of the existing WPD firing range Transportation/connectivity phasing regarding developer construction of new roads. Rather than constructing the roads up front, the applicant requests changes to these provisions that are tied more closely to construction of neighborhoods within RiverLights o Schedule of fees applicable to developer construction of new roads Adjusting the metes and bounds description to include the newly annexed area The amendment to the agreement commits Newland to commencing development in one R-7(CD)-zoned area by 2018. By 2023, Newland proposes to commence construction within the MX(CD) District and construction on at least two phases within the R-7(CD) District DETAILED MODIFICATIONS REQUESTED BY THE APPLICANT: Authorization by City Council would be necessary to modify the development agreement. Modification of the following elements of the Agreement is being requested by the applicant. Item 1: Relocation of the existing WPD firing range: reasonable, good faith efforts by the City and the developer to secure a new site will continue. If relocation by the city is to occur prior to adequate infrastructure improvements, the developer s payment-in-lieu schedule shall be accelerated. Item 2: Maximum combined number of single-family and multi-family residential dwelling units may exceed 2290 d.u. to a maximum of 2790 residential dwelling units; for every residential unit over 2290, the number of non-residential density allowed shall decrease by 500 sq. ft. for every single family home and 300 sq. ft for every townhome. Item 3: For development within the MX District, adjust the 2013 Phase I completion dates. Alternatively, consider commencement of construction activity within the MX District by 2023. Item 4: Increase the area within the development on which multi-family uses may be developed to not exceed 150 acres. Item 5: Consider modifications to the developer s schedule of submissions of River Road Realignment Road Payments. Item 6: Establish a timeframe for Newland to install the street connections as specified in the Agreement. The Lorraine Drive, Wilderness and Arnold Road connections shall be tied to specific developer benchmarks. Item 7: Require phased payments-in-lieu from the developers to facilitate the early
4 phases of development while protecting against risk to the city. Item 8: Consider deleting timeframe and requirement for Newland to construct new 20 newer force main and interim sewer pump station upgrades. Item 9: Modification of phasing as set forth in the approved Agreement may be modified in order to extend the completion time. Item 10: Allow Progress Energy (PE) to temporarily occupy the northernmost of three (3) designated future park tracts within RiverLights. PE proposes to store materials and stage construction equipment per agreement with Newland. Item 11: Delete from the Agreement road improvements that have been completed by others. The table below highlights the proposed changes relative to RiverLights General Plan of Development: Table 1.1 General Plan of Development Current Agreement Residential density 2,290 total residential Acreage designated for multi-family units within the development Commercial uses Street network / transportation infrastructure Proposed Agreement w/modifications 2,790 total residential dwelling units dwelling units 100 acres maximum 150 acres maximum 1,000,000 sq. ft. maximum Three street connections (Lorraine Dr., Wilderness Rd., Arnold Rd.) to be completed at the time of project development 1,000,000 sq. ft. on condition that if developer constructs residential units in excess of 2,290: o Decrease by 500 sq. ft. for each o single-family unit over 2,290 Decrease by 300 sq. ft. for each multi-family unit over 2,290 The three street connections shall all be completed when the adjacent phases of development are complete According to the applicant, the requested modifications are in response to market demands; the owners also seek to adjust and clarify certain provisions that are set forth in the development agreement. The Technical Review Committee (TRC) provided its initial review of the RiverLights proposal on December 4, 2008. The TRC will also review all future site-specific development plans for RiverLights as they are submitted. Impact of the proposed modifications: Based on expected traffic volumes, the effect of increasing residential density will be offset by the decrease in commercial space that would result. Projected traffic volumes are not expected change. As the applicant is proposing in the amended agreement, delaying two of the proposed three street connections may place them at risk of being completed in the future. Revised Traffic Impact Analysis (TIA) data are not required for the changes that would result from approval of the proposed amendment.
5 CONSISTENCY WITH ADOPTED PLANS Consistency of the proposed CD zoning modification and modifications to the development agreement address Future Land Use Plan and other applicable adopted plan objectives(s) as follows: 4.1 2004 2025 Wilmington Future Land Use Plan (FLUP) Guiding Principle 1 of the FLUP Infill of Large Vacant Areas Stated principles for infill and prescribed patterns of development for large areas are relevant to this request. Efficient development of the RiverLights tracts is called for in order to take advantage of infrastructure investment. The mixed use development that is designated for 14 % of the RiverLights property is conducive to the requirements dictated by the MX zoning district and the amenities, site and building designs that accompany the district. Greater development densities are encouraged where unified development can occur. Yet, the development shall decrease its densities in the areas in proximity to adjacent single-family uses. Mixed use districts are a preferred development pattern since strip development is avoided, an accessible, walkable community with transit opportunities in encouraged, and vehicular interconnections and internal circulation. Mix jobs, serviced, entertainment and retail opportunities within the area of the development. Applicability: Although this area is not specifically identified in the FLUP, it has the characteristics of similar areas in the city identified for infill of large vacant areas. The RiverLights tracts have also been identified in the River Road Small Area Plan. The location of the property is conducive to being considered in Objective 1.2. 4.2 River Road Small Area Plan (RRSAP) The adopted focus area supports the provision of o Interconnectivity and cross-access for vehicles and pedestrians to circulate between existing and planned developments o Amenities such as pedestrian networks and public parks/greenways o Authoritative ownership that will provide right-of-way and property dedications to ensure the delivery of the above o Improved accessibility o Infrastructure funding (e.g. collector streets, streetscapes and sidewalks, water and sewer utility infrastructure o Timing that is reasonable housing opportunities that provide choices in a viable, unique neighborhood setting that utilizes sustainable design practices. The plan proposes a single-family development that results in reduced trip generation while employing exceptional design criteria. o TIA has been applied and its projections remain substantially intact since only minor changes are being proposed at this time. Applicability: Core principles of the RRSAP include protection of the natural environment, adequate response to traffic capacity needs, provision of development having aesthetic quality while including improvements that are technically and financially feasible. 4.3 City of Wilmington Adopted Focus Areas and Strategic Plan Welcoming Neighborhoods and Public Spaces; Sustainability and Adaptability: This
6 focus is on city support of diverse housing options and unique neighborhoods with quality development. An emphasis is placed on the long-term financial, physical and environmental, and social health of the city. Applicability: The adopted focus area supports the provision of housing opportunities that provide choices in a viable, unique neighborhood setting that utilizes sustainable design practices. CONCLUSION The proposed changes to approval conditions and the previously approved development agreement are consistent and compatible with existing zoning and development in the area. Rather than constructing connector street interconnections at indefinite times as identified in the Agreement, approving the proposed amendment should establish a time certain for these improvements as follows: o Through connections from RiverLights to Lorraine Drive, Wilderness and Arnold Roads shall be constructed with development of RiverLights infrastructure on a phased basis. It is staff s opinion that completion of these connections should not be delayed to the point of issuance of final Certificates of Occupancy in phases adjacent to the above mentioned street connections. Maximum development under the proposed modification to the approval conditions of MX(CD) and R-7(CD) zoning as well as the approved development agreement is expected to produce the same or fewer vehicle trips per day than the maximum development as specified under the approved development agreement. The anticipated impact of the proposed density change is negligible on traffic volumes. RECOMMENDATION Based on the recommendations of the FLUP, adopted Focus Areas, the Strategic Plan and the River Road Small Area Plan, staff recommends that the Planning Commission recommend approval of Conditional District zoning modification CD-3-109-M1212. Staff also recommends approval by the City Council authorizing the negotiation of revised terms of the existing development agreement that was executed between the City of Wilmington and NNP-IV, LLC for RiverLights. In staff s opinion, the proposed amendment preserves the original intent of the approved agreement. Approval of the proposed amendment is appropriate in order to allow adjustments in the project to be made as market and economic conditions change. This project lies within an area adjacent to a large, vacant infill area designated by the Future Land Use Plan as an area appropriate for Mixed Use Development. The proposed development encompasses many of the strategies pertaining to this area as outlined in the FLUP including a mix of uses, vehicular and pedestrian connectivity, and preservation of open space. Based on the information contained in the staff report and consistent with adopted plans for this area, staff recommends CONDITIONAL APPROVAL of this request with the following conditions:
7 1. The property shall be subject to all of the specific requirements stated in the Land Development Code for the proposed use as well as any additional conditions stated below. 2. 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 proceeds shall be instituted to rezone the property to its previous zoning classification. 3. 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. 4. The contents of the submitted development agreement amendment shall be binding and dependent upon approval of the First Amendment to the Development Agreement as approved by the Wilmington City Council. 5. All recommendations approved by the NCDOT and the Wilmington MPO of the TIA shall be met at the owners expense including acquisition of any/all land for rights-of-way. 6. The maximum combined number of single family and multi-family residential dwelling units shall not exceed 2,790 units. For every added unit over 2,290 units, the number of non-residential density allowed shall decrease by 500 square feet for every single-family home and 300 square feet for every townhome constructed. 7. All TRC requirements shall be met. 8. Approval of the rezoning plan shall not constitute approval for any specific phase of development. Development plans shall be submitted, reviewed, and approved by the TRC. 9. Development of the site shall comply with an approved site plan. 10. All city, state and federal regulations shall be met. 11. River Road construction, to occur in three self-contained phases, shall be tied to payments by the developer in lieu of finalizing the construction of River Road to a full four-lane cross section. 12. At the start of development associated with the second phase of relocated River Road, submission shall be made to the City of $900,000 as the first payment-in-lieu. 13. Completion of RiverLights interconnectivity with Lorraine Drive shall occur simultaneously with construction of the first phase of the River Road relocation. 14. Interconnectivity of Arnold and Wilderness Roads to RiverLights shall be tied to completion of finished lots for residences. NEIGHBORHOOD CONTACT: Mr. John Deputy, Mr. Nick Nolan Planning Commission Signs Posted 11/21/12 Property Owner Letters 11/20/12 Advertisement Date(s) 1/4/13 Other
8 ACTIONS TO DATE Planning Commission December 5, 2012: Continued to January 9 meeting Scheduled for public hearing on January 9, 2013 City Council Pending ATTACHMENTS 1. Conditional District zoning application (Received 10/24/12) 2. Memorandum of Support for Modification of the Development Agreement (Dated received 10/24/12) 3. Land use and zoning map (Dated 11/26/12) 4. Aerial map (Dated 11/26/12) 5. RiverLights planning objectives (date received 11/17/08) 6. RiverLights master plan (date received 10/24/12) 7. First Addendum to Development Agreement 8. Project status and progress to date (dated 12/20/12)