Conditional District Rezoning

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1 CASE SUMMARY Conditional District Rezoning Planning Commission October 5, 2016 CD Brian Chambers, , Staff recommendation Planning Commission Recommendation City Council Action Request Address Acreage Request Applicant Owner CONDITIONAL APPROVAL 10/5/16; Scheduled for Public Hearing Pending 5520 Oleander Drive Approximately 1.5 acres Rezone from O&I-1, Office and Institutional-1 to CB (CD), Community Business (Conditional District) for an automotive services facility Design Solutions (910) Cindee Wolf P.O. Box 7221 Wilmington, NC Mona Black Enterprises, LLC (910) Oleander Drive Wilmington, NC Current Land Use & Zoning Surrounding Area Zoning Current Land Use Land Planning Data Applicable Plans/Policies CAMA Land Use North Aerial Map South O&I-1 O&I-1 Right-of-way, Vacant office, commercial East CB Commercial Create Wilmington Comprehensive Plan City of Wilmington Adopted Focus Areas Watershed Resource Protection West O&I-1/CB Vacant, funeral home

2 CD Oleander Drive Case Overview ANALYSIS 1. Zoning history The subject site was part of the 1998 annexation, effective September 30, The site was zoned B-2, Highway Business in New Hanover County and was assigned O&I zoning upon annexation. 2. Proposal The applicant proposes to rezone the subject property from O&I-1, Office & Institutional District-1 to CB (CD), Community Business (Conditional District) for a 4,000 square-foot automotive services facility. Figure 1. Proposed site plan 2

3 CD Oleander Drive 3. Impacts on Public services, Facilities, and Infrastructure 3.1 Traffic Access will be provided via a new driveway connection on Oleander Drive and a vehicular connection to the adjacent property located to the west of the subject site. The proposed driveway will be constructed to meet the city s technical standards. A 5-foot sidewalk is required along Oleander Drive. Table below indicates that this portion of Oleander Drive is currently operating at a level of service (LOS) of F. Table indicates that there would not be a significant change in the estimated vehicle trips associated with the proposal. Due to the scale of the proposed use staff believes the proposal would not have a significant impact on the function of the corridor. Table Current Volumes, Capacities and Levels of Service Road Location Volume Capacity V/C LOS Oleander Drive Between Willow Woods Drive and Hinton Avenue 33,856 29, F Table Estimated Trip Generation Zoning Land Use Intensity Existing O&I-1 Existing O&I-1 Proposed CB(CD) Professional Office (LUC 715) Medical Office (LUC 720) Automotive Services AM Peak Hour Trips PM Peak Hour Trips Average Weekday 2- way Volume Trips (ADT) 16,335 square feet* ,335 square feet* ,000 square feet N/A 56 N/A *Based on 25% lot coverage Source: Institute of Transportation Engineers Trip Generation, 9th Edition, TRIP GENERATION BY Trafficware TripGen Public Utilities The site has access to public (CFPUA) water and sewer mains. Table Cape Fear Public Utilities (CFPUA) Type Ownership Size Location Water Main (Existing) CFPUA 8-inch Oleander Drive Sewer Main (Existing) CFPUA 8-inch Oleander Drive 3.3 Stormwater The proposal would create approximately 41,500 square feet of newly created impervious surface and a stormwater management permit is required. The stormwater plan will be reviewed for compliance with the city s stormwater regulations. 3.5 Other Reviews The city s Technical Review Committee (TRC) reviewed the proposed site plan at their 8/11/16 meeting. The project will require additional review and approval from the TRC prior to construction release. 3

4 CD Oleander Drive CONSISTENCY WITH ADOPTED PLANS Create Wilmington Comprehensive Plan The proposal is consistent with the recommendations of the Create Wilmington Comprehensive Plan. The plan calls for improvements for the sidewalk network and building and site designs that are compatible and consistent with the context of the area. The proposed rezoning would allow for the development of a vacant tract with a commercial use that is compatible with the area and will add to the sidewalk network and improve the streetscape along a major thoroughfare. Policies that pertain to the proposed amendment are provided below. Policies are identified as ranging from those in strong support to those in strong non-support of the proposal. The following symbology is employed: Map Strong Support Modest Support Modest Non-support Strong Non-support Mixed-use Place Mixed-use Centers Develop with moderate densities and lot coverages. Include walkable components and some vertical mixed-use buildings. Design active pedestrian streetscapes and strong connections to adjacent neighborhoods. Map Areas of Opportunity High-density Transitions Increase densities with infill development, mid-rise buildings, parking decks, and other urban solutions. Create major destinations that have a regional, statewide, or even national attraction. Provide a walkable street grid with safe crossings by preserving and repairing the existing network and repairing lost connections as appropriate. Encourage active ground-floor uses such as stores and restaurant uses; alleviate challenges to vertical mixed-use development. Map Corridors & Complete Streets Major Corridors & Regional Parkways Design these multimodal thoroughfares with some walkable qualities, including grade-separated bike lanes, sidewalks, and appropriate crosswalks. Prioritize motor vehicle mobility. Place buildings along these corridors back from the roadway to accommodate signage and some parking in front of the building, landscaped streetyards, and parking lot landscaping. Buffer sidewalks, bike lanes, and multi-use paths from motor vehicle lanes. Map Transit that Works High-capacity Transit Route Improve transit service along these priority transit corridors, along with higher-density development in order to establish and contribute to the required demand to operate the service. 4

5 CD Oleander Drive Policies 1 Development and City Building Land Use and Transportation Development should provide pedestrian and vehicular connections between and within individual development sites to provide alternative means of access along corridors. Compatibility Quality design and site planning should be promoted so that new development infill and redevelopment is implemented with minimal adverse impacts on desired character of the existing built environment. Mixed-use Development Mixed-use centers should be made up of a diverse mix of uses and integrated design that avoids segregation of uses. Centers should have well-planned public spaces that bring people together and provide opportunities for active living and social interactions. Commercial Districts, Corridors, and Nodes Pedestrian-oriented centers of commercial development should be encouraged at key locations along major corridors, such as the Main Streets identified on the Growth Strategies Maps. Auto oriented strip commercial development should be discouraged Within commercial districts, development should be designed at a height, mass, scale, and form that is appropriate and provides a suitable transition to the surrounding areas Commercial infill and redevelopment should be bicycle- and pedestrian-friendly. Infill and Redevelopment Areas well-suited for infill and redevelopment, should be redeveloped in a way that maintains or enhances the desired character of the surrounding area, improves access to goods, services, and amenities, increases housing options, and improves the overall quality of life in the vicinity. Policies Street Systems 2 Transportation Access management strategies should be applied based on the functional characteristics of the roadway, surrounding land uses, and roadway users. Curb cuts along public streets should be minimized. Internal connections between parking lots should be encouraged. Bicycle and Pedestrian Circulation Bicycle and pedestrian circulation, access, and safety should be enhanced, especially along corridors, downtown, in activity and employment centers, within densely-developed areas, at transit stations, and near schools, libraries, and parks New development, redevelopment, street reconstruction, and resurfacing projects should include bicycle and pedestrian facilities as appropriate for the roadway character. Existing development should be retrofitted with connections where possible. Policies 5 Economic Development Commercial Corridor Reinvestment Mixed-use redevelopment should be promoted as a means of revitalizing and enhancing economic development in commercial corridors and creating transit- and pedestrian-oriented development patterns. 5

6 CD Oleander Drive Policies Unique Wilmington 9 Urban Design and Placemaking The public realm should be anchored by quality architecture with human-scale elements that are conducive to pedestrian comfort and mobility Visual interest should be created with well-designed building facades, storefront windows, and attractive signage and lighting. Poorly articulated, monolithic or boxlike facades should be avoided, especially those placing large, blank walls adjoining public spaces New development should reflect the context within which it is constructed, both in terms of architectural style and urban form. The adaptive reuse of unique buildings and landscape elements should be encouraged Signage, including signs on private property, should be designed and placed to enhance the overall built environment, reinforce the identity of a district, and balance aesthetic, economic, and safety needs. City of Wilmington Strategic Plan The proposal is consistent with the recommendations of the City of Wilmington Strategic Plan. The proposed rezoning will allow for commercial development that is compatible with the area and provides sidewalk and streetscape enhancements along one of the city s major thoroughfares. Focus Areas that pertain to the proposed zoning amendment include the following: Foster a Prosperous, Thriving Economy 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. CONCLUSIONS 1) The applicant proposes to rezone the subject property from O&I-1, Office & Institutional District-1 to CB (CD), Community Business (Conditional District) for an automotive services facility. 2) Access will be provided via a new driveway connection on Oleander Drive and a vehicular connection to the adjacent property located to the west of the subject site. The driveway will be constructed to meet the city s technical standards. 3) A 5-foot sidewalk is required along both Oleander Drive. 4) Due to the scale of the proposed use staff believes the proposal would not have a significant impact on the function of the corridor. 5) The proposed rezoning is consistent with the recommendations of the Create Wilmington Comprehensive Plan and the goals of the city s Strategic Plan. RECOMMENDATION The proposed rezoning will allow for commercial development that is compatible with the area and provides sidewalk and streetscape enhancements along one of the city s major thoroughfares. The proposed zoning amendment is consistent with the Create Wilmington Comprehensive Plan and city s Adopted Focus Areas. Staff believes the request is reasonable 6

7 CD Oleander Drive and in the public interest and recommends conditional approval subject to 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 conditional district rezoning 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 and building elevations as submitted and approved. 5. The proposed use shall be limited to a 3,850 square-foot structure to be used for automotive services. 6. All existing protected trees not located within the building foot print or impacted by essential site improvements shall be preserved or mitigated. 7. A 5-foot wide sidewalk shall be required along Oleander Drive. 8. 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. 9. A driveway connection shall be made to the adjacent lot, directly to the west along Oleander Drive, for a future vehicular connection. 10. The creative standard shall not be used to satisfy the streetyard landscaping requirements. 11. All city, state and federal regulations shall be followed. 12. All Technical Review Committee requirements shall be met. NEIGHBORHOOD CONTACT Planning Commission Signs Posted 9/20/16 Property Owner Letters 9/20/16 Advertisement Date(s) 9/30/16 Other Contact(s) City Council Community Meeting: 9/27/16 ACTIONS TO DATE Planning Commission City Council Action 10/5/16; Scheduled for Public Hearing Pending ATTACHMENTS 1. Conditional District Rezoning application (Dated 8/23/16) 2. Aerial Map (Dated 9/15/16) 7

8 CD Oleander Drive 3. Location and Zoning Map (Dated 9/15/16) 4. Create Wilmington Growth Strategies Map (Adopted 3/1/16) 5. Proposed Site Plan (Dated 9/19/16) 6. Proposed Building Elevations (Dated 12/15/13) 7. Community Meeting Report (Dated 9/27/16) 8

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14 CD Attachment 2 Aerial Imagery 5520 Oleander Dr French Rd Wrigh tsville Ave Site Hi n ton Av e Park Ave Oleander Dr e lli al wo od Wis te Do g Dr Ga n Rd ria Ln rde n ia L n 0 Sh u ne ys t St da Str a al li e Ct Ln Will ow Englewood Bux to C n Wo od sd r Cam 250 Feet 500 City of Wilmington 9/15/2016

15 R-15 O&I-1 MHP CB Wrightsville Ave French Rd CB R-15 O&I-1 MHP R-15 Park Ave O&I-1 CD Attachment 3 Land Use & Zoning 5520 Oleander Dr Site Land Use Single Family Multi-Family CB Hinton Ave Mobile Home/Park Vacant Utilities CB O&I-1 Oleander Dr CB O&I-1 CB CB Office & Institutional Commercial Englewood Dr O&I-1 Willow Woods Dr R-15 Dogwood Ln Camellia Ln Wisteria Ln Buxton Rd Gardenia Ln Ct Callie Strada St Shuney St MHP Feet City of Wilmington 9/15/2016

16 Rd French Rd Spruce Dr Greenleaf Dr Forest Huntington Rd Greenwood Ave Forest Ave Sycamore St Wrightsville Ave Shell Road Village Dr MichelleDr Anne Dr Hinton Ave Mariner Ln CD Attachment 4 Growth Strategies 5520 Oleander Dr Site Major Corridors & Regional Parkways Community Connectors Hawthorne Dr 54th St Park Ave Community Parkways & Loop Roads Mixed-use Place Neighborhood Nodes High-capacity Transit Routes Parks Oleander Dr Roseland Dr Green Connections Planned Brenda Dr Englewood Dr Buxton Rd Strada St Willow Woods Dr Dogwood Ln Camellia Ln Wisteria Ln Gardenia Ln 58th St Conceptual Areas of Opportunity High-density Transitions Live/Work Innovation Zones Greenfield Sites as Multi-use Places Neighborhood-scale Infill Development Lynette Dr Carolyn Dr Sharon Dr Clearbrook Dr Shuney St Brittain Dr Ruxton Way Oak Bluff Ln Dr Springwood ,000 Feet City of Wilmington 9/15/2016

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18 PDF Created with deskpdf PDF Writer - Trial ::

19 REPORT OF COMMUNITY MEETING REQUIRED BY THE WILMINGTON CITY CODE FOR CD REZONINGS To: Case No.: Location: Proposed Zoning: Penelope Spicer-Sidbury, City Clerk CD Oleander Drive from O&I-1 to CB (CD) The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail on (date) September 16, A copy of the written notice is also attached. The meeting was held at the following time and place: Tuesday, September 27, :00 6:30 p.m.; at the offices of Design Solutions; 107 Stokley Drive, Unit 104, Wilmington. The persons in attendance at the meeting were: No one attended The following issues were discussed at the meeting: None As a result of the meeting, the following changes were made to the rezoning petition: None Date: September 27, 2016 Applicant: Design Solutions By: Cindee Wolf Please submit this Report to the Wilmington City Clerk s Office located at 102 North 3 rd Street or mail it to Penelope Spicer-Sidbury, City Clerk, P.O. Box 1810, Wilmington, NC cc: Brian Chambers Associate Planner

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21 Adjacent Property Owners' List / 5520 Oleander Drive Name Address City State Zip Property Address TaxParcel ID PID JLP, LLC 966 Birch Creek Dr Wilmington NC Oleander Dr Mona Black Enterprises, LLC 5553 Oleander Dr Wilmington NC Oleander Dr Mona Black Enterprises, LLC 5553 Oleander Dr Wilmington NC Oleander Dr Mona Black Enterprises, LLC 5553 Oleander Dr Wilmington NC Oleander Dr James W Pridgen, Sr Heirs PO Box 1945 Carolina Beach NC Oleander Dr Dr Paul A Black, Sr 5533 Oleander Dr Wilmington NC Oleander Dr Larson Family Rev Living Trust 322 Willow Woods Dr Wilmington NC Willow Woods Dr Debnam Family Trust 3900 Slocum Trail Atkinson NC Willow Woods Dr Kathleen Jewell Rev Trust 5 E Fayetteville St Wrightsville Bch NC Oleander Dr Mona Black Enterprises, LLC 5553 Oleander Dr Wilmington NC Oleander Dr

22 Notice of Community Information Meeting September 16, 2016 To: Adjacent Property Owner From: Cindee Wolf Re: H2 Turbo Express Wash The attached plan has been submitted to the City of Wilmington for approval of a Conditional District Rezoning petition. The plan proposes to develop an automotive services facility. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual site. Essentially, it means that only this layout and a defined set of uses can occur, if approved. The City requires that the developer notify the property owners immediately adjacent to the project and hold a meeting for any and all interested parties. This provides neighbors with an opportunity for explanation of the proposal, and for questions to be answered concerning project improvements, benefits, and impacts. An information meeting will be held on Tuesday, September 27 th, 6:00 p.m., at the offices of Design Solutions, 107 Stokley Drive, Unit 104. You can also contact me at tel. # , or cwolf@lobodemar.biz, with comments and/or questions. You will also be receiving a notification from the City soon that this project will be reviewed by the Planning Commission on Wednesday, October 5 th. That meeting provides a public hearing forum for comment on any issues pertinent to approval of the proposal. We appreciate your interest and look forward to being a good neighbor and an asset to the community. P.O. Box 7221, Wilmington, NC * Telephone: * cwolf@lobodemar.biz

23 Attachment 7

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