PLANNING COMMISSION. Agenda Item # 6.

Transcription

1 PLANNING COMMISSION Agenda Item # 6.

2

3 LAND DEVELOPMENT CODE AMENDMENT Planning Commission: October 5, 2016 Case: LDC Staff Contact: Eryn K. Moller; Staff Recommendation: Planning Commission Recommendation: City Council Action: Denial 10/5/16; Scheduled for Public Hearing Pending Request Code Section(s) Request Applicant Amend City Code Chapter 18, Sec Off-street parking and/or storage of certain vehicles. (d) Recreation vehicles. To allow recreational vehicles which are no more than six (6) feet in height and twenty-five (25) feet in length to be parked in a corner side yard of a residentially zoned and used lot. Jeffrey Libbert 3429 Osprey Lane Wilmington, NC (910) BACKGROUND / ANALYSIS The Land Development Code (LDC) currently prohibits recreational vehicles (RV s) over six (6) feet in height from parking closer to the street than the nearest portion of the primary building unless they are within a garage, carport or accessory building. A recreational vehicle is defined in the LDC as any vehicle or equipment designed or equipped to be used for living or sleeping and/or recreational purposes including motorized homes, boats and other watercraft, camping trailers, and travel trailers. The current regulation restricting RV parking in a yard adjacent to a street has been in effect since at least In November of 2002, City Council directed staff to investigate less restrictive standards for the storage of RV s on larger lots without reducing the aesthetic quality of the residential neighborhoods. At that time, staff proposed defining the term recreational vehicles and allowing the City Manager or designee the flexibility to conditionally approve the storage of RV s in the front or side yard of the principal structure if the following criteria are met: City Alexandria, VA Annapolis, MD Asheville, NC Charleston, SC Chattanooga, TN New Bern, NC Raleigh, NC Santa Fe, NM Savannah, GA St. Augustine, FL St. Petersburg, FL Wilmington, NC Benchmarking Corner Side RV Parking No Corner Side Regulations No Corner Side Regulations No Corner Side Regulations No Corner Side Regulations No Corner Side Regulations No Corner Side Regulations No Corner Side Regulations No Corner Side Regulations No Corner Side Regulations Must Setback from ROW Half the Width of the Front Setback No Corner Side Regulations Not Permitted (a) The RV cannot be stored in the rear yard due to dimensional restrictions: such as those created by existing trees or structures

4 LDC RV Parking on Residential Lots 2 blocking access. The applicant shall provide photographic and dimensional evidence to the City Manager or designee. (b) The RV is stored at a minimum of two hundred (200) feet from the frontage line. (c) Sufficient vegetation or screening exists to screen the RV from adjacent property. Sufficient vegetation or screening is defined as fifty percent (50%) opacity to a minimum height of six (6) feet. If vegetative screening is utilized, fifty percent (50%) opacity shall be achieved within two (2) years of permit. The City Manager may approve applications based on topographic differences between the storage area and adjacent properties that effectively screen the storage area. (d) The RV shall not be located within thirty (30) feet of any adjacent primary structure. The intent of the existing regulation is to safeguard property values and protect the character of residential neighborhoods by limiting visual clutter. The City s recreational vehicle regulations enhance aesthetics and safety by preventing RV s near the road or overhanging sidewalks. Allowing RV storage in the front yards or streetward of the principal residential structure would alter current neighborhood character and may result in visual obstruction to motorists and pedestrians. The proposed amendment would allow recreational vehicles up to twenty-five (25) feet in length and six (6) feet in height to park behind the plane of the front of the principal building in the corner side yard adjacent to the street. CURRENT PROPOSED PROPOSED AMENDMENT Following are the proposed amendments to the Land Development Code. Additions are underlined and deletions are in strikethrough. Chapter 18, Article 9, Sec Off-street parking and/or storage of certain vehicles. (d) Recreation vehicles. (d) Recreational Vehicles. Parking or storage of recreational vehicle(s) shall be permitted as accessory to a principal residential use only in accordance with the following conditions:

5 LDC RV Parking on Residential Lots 3 (1) Unless stored in a garage, carport, or accessory building, recreational vehicles shall be parked or stored behind the portion of the principal building closest to the street; provided, however, that parking shall be permitted anywhere on the premises or on an adjacent street (if otherwise lawful), not to exceed twenty-four (24) hours. (2) In any side yard not adjacent to a street, no such recreational vehicles may be parked or stored if it exceeds six (6) feet in height above the ground; provided, however, masts, antennas, vent stacks, windshields or other minor accessories may exceed this height limit. Recreational vehicles parked in a side yard adjacent to a street shall: a. Not exceed twenty-five (25) feet in overall length; b. Be parked parallel to the main driveway and behind the plane of the front façade of the principal building; and c. Be parked such that no part of the vehicle is located in the right-of-way. (3) Recreational vehicles exceeding the limitations set forth in subsection (2) above, shall be parked or stored outdoors only in the rear yard. Any equipment so stored shall be subject to the accessory building requirements in Article 6. (4) No recreational vehicles parked or stored on a residential lot shall be in such location for living, sleeping, housekeeping or business purposes. (5) The city manager may conditionally allow front yard or side yard storage of recreational vehicles if all of the following conditions are present: a. The recreational vehicle cannot be stored in the rear yard due to dimensional restrictions, such as those created by existing trees or structures blocking access. The applicant shall provide photographic and dimensional evidence to the city manager. b. The recreational vehicle is stored at a minimum of two hundred (200) feet from the frontage line. c. Sufficient vegetation or screening exists to screen the recreational vehicle from adjacent property. Sufficient vegetation or screening is defined as fifty (50) percent opacity to a minimum height of six (6) feet. If vegetation screening is utilized, fifty (50) percent opacity shall be achieved within two (2) years of permit. The city manager may approve applications based on topographic differences between the storage area and adjacent properties that effectively screen the storage area. d. The recreational vehicle shall not be located within thirty (30) feet of any adjacent primary structure. CONSISTENCY WITH ADOPTED PLANS Create Wilmington Comprehensive Plan The proposed amendment is not consistent with many of the recommendations of the Create Wilmington Comprehensive Plan. The plan supports the preservation of existing neighborhood character in structure and open spaces, providing aesthetically pleasing vistas and safe walkable communities. Policies that pertain to the proposed amendment are provided below. Policies are identified as being in strong support of ranging to strong non-support of the proposal with the following symbology:

6 LDC RV Parking on Residential Lots 4 Strong Support Modest Support Modest Non-support Strong Non-support Policies Citywide Growth 1 Development and City Building Development should create places, streets, and spaces that are visually attractive, safe, accessible, functional, inclusive, have their own distinct identities, and maintain or improve desired character. 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. Neighborhood Conservation and Revitalization Historic and unique neighborhoods with an abundance of desired character should be protected and conserved through the use of zoning, reinvestment, and other tools. Policies 5 Economic Development Economic Development and Land Use Parks, leisure, natural resources, streetscapes, public realm enhancements, and arts and cultural amenities should be leveraged as key economic development assets and part of the city s economic development infrastructure. Policies 9 Urban Design and Placemaking Unique Wilmington Visual and natural assets, including public viewsheds, boulevard medians, tree-lined streets, wetlands, the river and creeks, and scenic corridors should be retained and enhanced. Urban Design and Placemaking Visually cohesive streetscapes should be created. Visual character should be enhanced and preserved through landscaping, underground utilities, street furniture, signage, and median plantings. Neighborhoods Clear and safe pedestrian networks within, through, and between neighborhoods should be enhanced. Opportunities to connect existing neighborhoods to adjacent commercial centers community facilities and services should be explored. Policies Historic Preservation Wilmington s Historic Identity The city s historic resources and heritage should be recognized and promoted as an economic asset. As the city grows and redevelops, stewardship of neighborhoods, places, landmarks, historic districts, and landscapes should be fostered. Planning, Zoning, and Neighborhood Conservation When considering historic resources, the complete context should be preserved, when possible, as historic landscapes, open spaces, streets, and public viewsheds are critical to the context of our historic buildings and the city s overall character and uniqueness. City of Wilmington Strategic Plan The proposal is not consistent with the recommendations of the City of Wilmington Strategic Plan. The proposed amendment does not protect neighborhood character and could cause a blight on the

7 LDC RV Parking on Residential Lots 5 streetscape by interrupting traditional neighborhood development patterns. In addition to providing sidewalks for walking along city streets, it is important that the adjacent development be conducive to pedestrian mobility and safety. Focus Areas that pertain to the proposed zoning amendment include the following: Create a safe Place The City will create a safe, inclusive community with neighborhood/area based public safety and support services. Provide Sustainability and Adaptability The City will protect and preserve our natural resources with quality design for the built environment. The City will make strategic decisions focused on the long-term financial, physical and social health of the entire city to enhance our ability to respond to changing economic and demographic conditions. Our actions will be based on a shared commitment to inclusiveness, equity, and continuous improvement. CONCLUSION / RECOMMENDATION The intent of the existing regulation is to safeguard property values and protect the character of residential neighborhoods by limiting visual clutter. The City s recreational vehicle regulations enhance aesthetics and safety in that RV s are not allowed to be near the road or to overhang sidewalks. Staff does not believe the current standard for aesthetic quality could be maintained by allowing RV storage in the corner side yard nearer to the street than the principal building. The proposed amendment is not consistent with the recommendations of the Create Wilmington Comprehensive Plan, the City of Wilmington Strategic Plan and is not in the public interest; staff recommends denial of the amendment to the Land Development Code as proposed. NEIGHBORHOOD CONTACT Planning Commission City Council Advertisement Date(s) 9/30/16 TBD ACTIONS TO DATE Planning Commission City Council 10/5/16; Scheduled for Public Hearing Pending ATTACHMENTS 1. Land Development Code Amendment Application (Dated Received 6/30/16)

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27