PLANNING COMMISSION Agenda Item # 3
CASE SUMMARY Special Use Permit MEETING: Planning Commission, October 6, 2010 CASE NO: SITE ADDRESS: PROPOSAL: PRESENTED BY: STAFF RECOMMENDATION: SU-4-1010 406 S. 21st Street Special use permit to change an existing nonconforming use (automobile repair) to another nonconforming use (warehousing, automotive, noncommercial) Angela W. Faison, Associate Planner CONDITIONAL APPROVAL GENERAL INFORMATION Applicant: Owner: Current Zoning: Size: Existing Land Use: Robert Collins, Esq. 215 Racine Drive, #101 Wilmington, NC 28403 Carroll T. Overton, III 113 Stokley Drive Wilmington, NC 28403 R-5, Residential 0.17 of an acre Commercial garage Surrounding Land Use & Zoning: NORTH Alley, Residential R-5 SOUTH ROW(Gibson Avenue), Religious institution R-5 EAST ROW(S. 21 st Street), Residential R-5 WEST Residential R-5 HISTORY / SITE DESCRIPTION / ANALYSIS The parcel is developed with a 1,918 square-foot one-story building originally designed for use as a commercial garage (automobile repair). Existing parking is located along the front of the existing building with driveway access located on S. 21st Street. A ten-foot wide alley is located to the north of the site. No major modifications are proposed for the site.
2 SU-4-1010 The purpose of the R-5 zoning district is to accommodate moderate to high density residential development and other compatible uses located in and near the 1945 corporate limits. Maintenance and improvement of areas of moderate to high density urban residential development is encouraged to protect the property values of the existing housing stock and to provide a suitable living environment for people who live in or near the 1945 corporate limits. Protection and rehabilitation of viable neighborhoods within this district shall be encouraged to ensure their continued existence as a major housing resource. Auto repair is a nonconforming use within the residential zoning districts. The request is to convert the use of the existing building to store the owner s vehicles (warehousing, automotive, noncommercial). Storage of private vehicles (warehousing, automotive, noncommercial) on a separate lot is considered a nonconforming in a residential zoning district. SPECIAL USE REQUIREMENTS A nonconforming use may be changed to another nonconforming use only in accordance with a special use permit issued by the City Council. Section 18-143 of the Land Development Code (LDC) stipulates City Council may issue such special use permit if it finds that all five (5) of the following factors exist: (1) That the proposed use will be no less compatible with the surrounding neighborhood than the use in operation at the time the approval is applied for. (2) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the special use permit; (3) That the use meets all required conditions and specifications; (4) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and (5) That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the city's Future Land Use Plan, the CAMA plan, and adopted special area plans (i.e. corridor plans, neighborhood plans, Wilmington Vision 2020: A Waterfront Downtown Plan). SPECIAL USE PREREQUISITES The following criteria are to be used in determining compatibility of a change in kind of nonconforming use: (a) Site lighting shall be located so as not to shine or reflect directly onto any adjacent residential property.
3 SU-4-1010 (b) Hours of operation shall be evaluated and restricted where necessary, to minimize disruption to the surrounding residential area. (c) Off-street parking shall be provided on site as required in section 18-532. If these requirements cannot be met, a determination shall be made in conjunction with the Code enforcement staff, to include credit for on-street parking in the vicinity of the use. (d) Signage for the use shall be limited to four (4) square feet in area and shall be nonilluminated. (e) A plan for noise and solid waste management shall be submitted as part of the special use permit narrative. TECHNICAL REVIEW Cape Fear Public Utility Authority: The subject site has access to city water and sewer mains. The existing services will be upgraded to accommodate the use, if needed. Parking: Minimal parking is required for a use not generally dependent on walk-in trade for business operations. Two standard parking spaces and one van accessible all weather handicapped parking space shall be provided on the site. Transportation: Access to the subject site is proposed by an existing driveway located on S. 21st Street. No access is proposed along the frontage of the subject site adjacent to the ten-foot wide alley. Stormwater Management: A city stormwater permit will not be required since less than 10,000 square feet of additional impervious surface is proposed for the subject site. Landscaping, Buffering and Tree Protection: The applicant proposes additional plantings of shrubs and trees along all property lines to reinforce the existing vegetation. FINDINGS OF FACT 1) Converting the use of the existing building from auto repair to warehousing, automotive, noncommercial requires a change in nonconforming use special use permit in the R-5 zoning district. 2) The subject property has access to public facilities including water and sewer. 3) No traffic impacts are anticipated as a result of the proposed use.
4 SU-4-1010 RECOMMENDATION Based on the findings of fact and the information contained in the case summary, staff recommends conditional approval of the special use permit request with the conditions listed below. 1) The use shall be limited to warehousing, automotive, noncommercial (interior vehicle storage). 2) No repairs to vehicles shall occur on the exterior environs of the site. 3) No commercial activity shall occur on site. 4) No storage of chemicals shall be allowed on site other than those customarily related to domestic car upkeep. 5) All vehicles shall be stored within the interior of the structure. 6) No on-premise signs shall be allowed on the site. 7) Site lighting shall be limited in height to the eaves of the existing building and shall not shine directly onto adjacent residential property or the public right-of-way. 8) Only one van-accessible parking space and two standard parking spaces shall be allowed. 9) Only roll-cart waste receptacles shall be utilized. The waste receptacles shall be not be stored so as not to be viewed from the street. 10) No existing trees shall be removed from the subject site. 11) Additional landscaping shall be installed in accordance to the approved plan. 12) The site shall be developed in accordance with the approved conditions and site plan. 13) All city, state and federal regulations shall be met. 14) All Technical Review Committee comments shall be followed. NEIGHBORHOOD CONTACT City Notifications: Planning Commission Signs Posted 9/23/10 Adjacent Letters 9/23/10 Advertisement Dates 10/1/10 General Inquiries: None ACTIONS TO DATE Planning Commission: Scheduled for Public Hearing on October 6, 2010 ATTACHMENTS 1. Special Use Permit Application and Project Narrative (Dated Received 8/24/10) 2. Location and Zoning Map (Dated 9/15/10) 3. Aerial Map (Dated 9/15/10) 4. Site Plan (Dated Received 8/24/10)
21ST ST BARNETT AVE Special Use Permit SU-4-1010 ALLEY 406 S 21st St SITE GIBSON AVE R-5 Site Zoning Religious Single Family Commercial HUDSON DR WRIGHTSVILLE AVE DELGADO AVE Date: 9.15.10 CS CS City of Wilmington GIS
BARNETT AVE Special Use Permit NUN ST 21ST ST ALLEY SU-4-1010 406 S 21st St SITE GIBSON AVE Site HUDSON DR WRIGHTSVILLE AVE DELGADO AVE DEXTER ST Date: 9.15.10 City of Wilmington GIS