City of Wilmington Strategic Plan Focus Areas that apply to this request include Foster a Prosperous, Thriving Economy.

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1 ITEM PH4 3/7/2017 OFFICE OF THE CITY MANAGER (910) FAX (910) TDD (910) City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers: Attached for your consideration is an ordinance granting a special use permit (SU ) to allow a standard restaurant in the CS, Commercial Services District and Wrightsville Avenue Corridor Overlay. The property is located at 3820 Wrightsville Avenue and currently contains the Coat of Arms Lounge, a hair salon and a vacant unit. An accompanying case summary follows the ordinance. The Land Development Code (LDC) requires the issuance of a Special Use Permit for a standard restaurant use located within the CS, Commercial Services District and Wrightsville Avenue Corridor Overlay. The applicant proposes a 68 seat standard restaurant with an outdoor patio to be located within an existing building. City of Wilmington Strategic Plan Focus Areas that apply to this request include Foster a Prosperous, Thriving Economy. The Planning Commission held a public hearing regarding this special use permit on February 1, The Planning Commission voted 7-0 to recommend conditional approval of the special use permit. If approved, this ordinance would allow for a standard restaurant on the site. If the request is not approved, a standard restaurant would not be allowed at the property. Passage of the attached Ordinance is recommended. Respectfully submitted, Sterling B. Cheatham, City Manager PH4-1

2 Ordinance City Council City of Wilmington North Carolina Introduced By: Sterling B. Cheatham, City Manager Date: 3/7/2017 Ordinance Granting/Denying a Special Use Permit for Property Located at 3820 Wrightsville Avenue for a Standard Restaurant on Property Zoned CS, Commercial District and in the Wrightsville Avenue Corridor Overlay (SU ) The City Council for the City of Wilmington held a public hearing on March 7, 2017 to consider the following application: Application Number: Applicant/Owner SU JA Jordan Properties, LLC 3818 Wrightsville Avenue Wilmington, NC Location: Tax Map: Proposed Use: Zoning District: Meeting Dates: 3820 Wrightsville Avenue R Standard Restaurant CS, Commercial Services Wrightsville Avenue Corridor Overlay Planning Commission 02/01/2017 City Council 03/07/2017 The City Council, having heard all evidence and arguments presented at the hearing, makes the following findings of fact: 1. The site is part of an area annexed into the city limits in December of The property is zoned CS, Commercial Services District. 3. The Land Development Code (LDC) requires the issuance of a Special Use Permit for new standard restaurants within the CS, Commercial Services District and Wrightsville Avenue Corridor Overlay. 4. The applicant proposes a 68 seat standard restaurant with an outdoor patio. 5. The applicant has provided a site plan that meets the special use prerequisites of Section PH4-2

3 6. The existing building will be retained and no changes are proposed that would require compliance with section for building design. 7. The existing parking will be reconfigured to increase accessibility and safe vehicular movement. 8. Access will be provided via existing driveways on Wrightsville Avenue and 39th Street. 9. The eastern most driveway on Wrightsville Avenue is required to be closed. 10. A sidewalk is required along the entire frontage of Wrightsville Avenue and 39th Street. 11. The surrounding roadway network has sufficient capacity to accommodate the expected traffic generated by the proposed special use permit. Based upon the foregoing FINDINGS OF FACT, the City Council draws the following conclusions as required by Section 18-85(b)(6) of the City of Wilmington Land Development Code: a. That the use will/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; b. The use does/does not meet all required conditions and specifications; c. The use will/will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and d. The location and character of the use, if developed according to the plan as submitted and approved, will/will not be in harmony with the area in which it is to be located and in general conformity with the city s comprehensive plan and adopted special area plans (i.e. corridor plans, neighborhood plans, Wilmington Vision 2020: A Waterfront Downtown Plan, and the CAMA plan). Therefore, because the City Council concludes that all general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED/DENIED, subject to the following conditions: 1. The applicant shall fully comply with all of the specific requirements stated in the Land Development Code for the proposed use as a well as any additional conditions stated below. 2. If any section, subsection, paragraph, sentence, clause, phrase or portion of this permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, this special use permit shall be null and void and of no effect. The use and development of the subject property shall be in accordance with the plan received on 1/06/2017. PH4-3

4 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. All outdoor lighting shall be installed so as not to shine or reflect directly onto surrounding properties. 5. The use of pine straw as ground cover shall be prohibited within ten (10) feet of any combustible exterior construction. 6. No outdoor music or amplification shall be allowed as part of the operation of the use. 7. All Technical Review Committee comments shall be followed. All City, State and Federal regulations shall be met. Adopted at a meeting on 2017 Attest: Bill Saffo, Mayor Approved As To Form: Penelope Spicer-Sidbury, City Clerk City Attorney PH4-4

5 CASE SUMMARY Special Use Permit City Council March 7, 2017 SU Eryn Moller, , Planning Commission recommendation 2/1/17; RECOMMENDED APPROVAL; 7-0 City Council Action 3/7/17; SCHEDULED FOR PUBLIC HEARING Request Address Parcel ID Acreage Current Zoning Current Land Use Request Property Owner Applicant 3820 Wrightsville Avenue R Approximately 25,078 (0.58 acres) CS, Commercial Services Wrightsville Avenue Corridor Overlay (WACO) Salon, Office space, Tavern To allow a standard restaurant within the Wrightsville Avenue Corridor Overlay JA Jordan Properties, LLC, 3818 Wrightsville Avenue, Wilmington, NC (jamieajordan@yahoo.com) (910) Design Solutions Cindee Wolf 101 Laughing Oak Lane, Apt 104, Wilmington, NC (cwolf@lobodemar.biz) (910) Current land use and zoning Aerial Map (2010) Land Planning Data Applicable Plans/Policies CAMA Land Use Create Wilmington Comprehensive Plan City of Wilmington Adopted Focus Areas Wrightsville Avenue 2030 Urban PH4-5

6 SU Wrightsville Avenue Surrounding Area North South East West Zoning O&I-1, CB, MF-M, R-10 CB, CS, R-10 R-10 R-10 Current Land Use Professional Office, Single family Commercial, Single family Commercial, Multifamily, Single-family Single-family Case Overview PROPOSAL and ANALYSIS The site is zoned CS and is located within the Wrightsville Avenue Corridor Overlay. The Land Development Code (LDC) requires the issuance of a Special Use Permit for a standard restaurant in the CS district and Wrightsville Avenue Corridor Overlay. The applicant proposes no expansion to the building. The existing parking will be reconfigured to increase accessibility and safe vehicular ingress and egress. o The existing parking spaces located between the building and the Wrightsville Avenue right-of-way will be removed and the outdoor patio will be expanded to accommodate restaurant seating. 1. Zoning history The site is part of an area annexed into the city limits in December of According to New Hanover County Tax Records the building was built circa Special Use Requirements In granting a special use permit, all four of the following factors must be found to exist: a. 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; b. That the use meets all required conditions and specifications; c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and d. 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 comprehensive plan, the CAMA plan, and adopted special area plans (i.e. corridor plans, neighborhood plans, Wilmington Vision 2020: A Waterfront Downtown Plan). In addition to the special use requirements listed above, the LDC stipulates various prerequisites for issuance of a special use permit as they pertain to this application. Special uses within the Wrightsville Avenue Corridor Overlay shall comply with the following: Sec Special uses within the Wrightsville Avenue Corridor Overlay. a. The special use is evaluated in terms of its traffic generation potential, employee shift schedules and site access design, and is found not to inordinately increase traffic on Wrightsville Avenue beyond levels anticipated for permitted uses in the corridor. b. All applicable site design provisions of section are fully complied with. c. All other applicable special use permit prerequisites are fully complied with. 2 PH4-6

7 SU Wrightsville Avenue Figure 2.1 Proposed Site Plan (as provided by the applicant) 3. Impacts on Public services, Facilities, and Infrastructure 3.1 Traffic Access to the site would be from Wrightsville Avenue and 39 th Street. Currently there are two driveways on Wrightsville Avenue. The eastern most driveway on Wrightsville Avenue would be required to be closed. The installation of a sidewalk would be required along Wrightsville Avenue and 39 th Street. No Traffic Impact Analysis is required for this project. 3 PH4-7

8 SU Wrightsville Avenue Table Estimated Trip Generation Zoning Land Use Intensity CS CS CS CS Salon (Existing) Night Club (Existing) Professional Office (Existing) Restaurant (Proposed) 7-9 AM Peak Hour Volume Trips 4-6 PM Peak Hour Volume Trips Average Weekday 2-way Volume Trips (ADT) 1,320 SF 2 2 N/A 1350 SF or 49 seats N/A 15 N/A 1350 SF ,350 SF or 68-seats Table Current Volumes, Capacities and Levels of Service Count Road Location Count Date Volume Wrightsville Avenue 39 th Street 3820 Wrightsville Avenue 3820 Wrightsville Avenue 11,804 1, October 2016 October 2016 Source: Volume counts by WMPO Traffic Count Program, capacity by NCDOT 3.2 Parking Requirements Estimated Capacity V/C Ratio Estimated LOS 13, E 9, A Table Parking Schedule Required Proposed Minimum/Maximum Spaces Required 32/97 32 including 2 handicap spaces Bicycle Parking Spaces Required Public Utilities The site has access to existing public water and sewer facilities. No additional services are proposed. Table Cape Fear Public Utilities (CFPUA) Type Ownership Size Location Water Main (Existing) CFPUA 8-inch Wrightsville Avenue 6-inch 39 th Street Sewer Main (Existing) CFPUA 8-inch Wrightsville Avenue 10-inch 39 th Street 3.4 Stormwater The site must comply with the city s stormwater regulations. 3.5 Additional Review The proposal would require review and approval by the Technical Review Committee (TRC) and must comply with all requirements of the Land 4 PH4-8

9 SU Wrightsville Avenue Development Code and the city s Technical Standards and Specifications Manual, as well as any applicable regional, state and federal regulations. CONSISTENCY WITH ADOPTED PLANS Create Wilmington Comprehensive Plan The site is located within an area identified as a Neighborhood-scale Infill Development Area of Opportunity on the Growth Strategies Map. The plan encourages incorporating existing storefronts and neighborhood-scale commercial development along corridors to serve the neighborhood. The plan also encourages placing particular emphasis on surrounding neighborhood fabric. The proposed special use permit would allow the site to utilize an existing storefront with a neighborhood scale restaurant, increase pedestrian access and promote stewardship of existing neighborhoods and places. The plan recognizes the importance of creating a public realm that favors pedestrians and transforming public and private spaces into meaningful places. The proposed standard restaurant includes an outdoor seating area between the building and sidewalk creating a semipublic transition between public and private spaces. 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: Strong Support Modest Support Modest Non-support Strong Non-support Map Areas of Opportunity Neighborhood-scale Infill Development Encourage neighborhood-scale commercial development along corridors to serve the neighborhood. Place particular emphasis on surrounding neighborhood fabric. Enhance neighborhood gateways, through streetscape improvements, public art, signage and buildings that front towards the street. Map Main Streets Corridors & Complete Streets Prioritize the pedestrian along these small-scale streets with shops, on-street parking, and buildings fronting continuously onto the sidewalk. Incorporate existing storefronts and infill development at high densities, while making smooth transitions into adjacent neighborhoods. Place parking to the rear or side of buildings, and not in the front of buildings. Surface parking lots on street corners should not be permitted. Encourage a public realm that favors pedestrians over automobiles Encourage store fronts, lobbies, individual building entries, and other active ground floor conditions that work together along the street to create a continuous corridor. Policies 1 Development & City Building 5 PH4-9

10 SU Wrightsville Avenue Citywide Growth 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. 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. 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 Policies 2 Transportation 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 Where appropriate, primary building entrances should front onto public accessible, easily discernible, and ADA compliant sidewalks that lead directly from the street to the building entrance. Parking Management Parking lots should include vehicular and pedestrian connections between and through lots. Parking facility quality should be considered equally with quantity of parking spaces. Parking lot design should minimize pedestrian conflicts, make use of appropriate landscaping, and properly manage stormwater. Policies Air Quality 6 Environment and Natural Resources Walkable and bikeable communities, public transit, and integrated land use and transportation planning should be promoted and encouraged to help reduce motor vehicle emissions. Policies 9 Urban Design and Placemaking Public Space Network The strategic transformation of public and private spaces into meaningful places through placemaking should be encouraged. Wilmington should have a robust, wellconnected network of public and semi-public spaces. Policies 11 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. City of Wilmington Strategic plan o Foster a Prosperous, Thriving Economy The City will promote opportunity and prosperity by fostering sustainable, regionally coordinated economic growth and development strategies for 6 PH4-10

11 SU Wrightsville Avenue creating jobs, building a strong workforce, facilitating commerce and business vitality. Wrightsville Avenue 2030 Plan (WA 2030) o 3.1 Land Use o GOAL: To provide a balanced mix of land uses that offer options to residents while ensuring new development enhances the corridor and enhances the surrounding neighborhoods. o Objective: Maintain a mix of compatible uses and preserve the residential character of the corridor. Strategy Support development/redevelopment in accordance with the Recommended Land Use Map. Applicability: The WA 2030 plan provides property-specific land use recommendations for each segment of the corridor. The subject site is identified as an area where land use and zoning changes are recommended. The plan recommends phasing out Commercial Services (CS) uses, encourages neighborhood scale commercial uses and supports rezoning to Community Business (CB) or Office & Institutional-1 (O&I-1). The requested special use is consistent with this recommendation as the proposed use is a use also permitted in the CB and O&I-1 zoning districts. o 3.4 Aesthetics o GOAL: To protect and enhance the unique character of the Wrightsville Avenue Corridor. o Objective: Enhance the visual appearance of the corridor. Strategy Encourages the redevelopment of underutilized commercial properties to make these properties more viable and improve the appearance of the corridor. Applicability: The proposed use will utilize a space that has experienced a high rate of business turnover and provide desired site and corridor improvements enhancing the visual appearance of the corridor. FINDINGS OF FACT 1. The site is part of an area annexed into the city limits in December of The property is zoned CS. The project also falls within the Wrightsville Avenue Corridor. 3. According to the Wrightsville Avenue Corridor regulations, a standard restaurant use within the CS district is only allowed with the issuance of a Special Use Permit. 4. The applicant proposes a 68 seat standard restaurant with an outdoor patio. 5. The applicant has provided a site plan that meets the special use prerequisites of the LDC. 6. The existing building will be retained and no changes are proposed that would require compliance with section for building design. 7. The existing parking will be reconfigured to increase accessibility and safe vehicular movement. 8. Access will be provided via existing driveways on Wrightsville Avenue and 39 th Street. 9. A sidewalk is required along the entire frontage of Wrightsville Avenue and 39 th Street. 7 PH4-11

12 SU Wrightsville Avenue 10. The surrounding roadway network has sufficient capacity to accommodate the expected traffic generated by the proposed special use permit. 11. The request is consistent with the recommendations of the Create Wilmington Comprehensive Plan, the Wrightsville Avenue 2030 Plan and the goals of the city s Strategic Plan. CONCLUSION / RECOMMENDATION The proposal would allow the site to utilize an existing storefront with a neighborhood scale restaurant, increase pedestrian access and promote stewardship of existing neighborhoods and places. The proposed standard restaurant includes an outdoor seating area between the building and sidewalk creating a semi-public transition between public and private spaces. The proposal meets the special use requirements and prerequisites to allow a standard restaurant within the Wrightsville Avenue Corridor. If the Planning Commission elects to recommend approval of the special use permit, staff recommends that the following conditions be applied: 1. The applicant shall fully comply with all of the specific requirements stated in the Land Development Code for the proposed use as a well as any additional conditions stated below. 2. If any section, subsection, paragraph, sentence, clause, phrase or portion of this permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, this special use permit shall be null and void and of no effect. 3. The use and development of the subject property shall be in accordance with the plan received on 1/06/ 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. 5. All outdoor lighting shall be installed so as not to shine or reflect directly onto surrounding properties. 6. The use of pine straw as ground cover shall be prohibited within ten (10) feet of any combustible exterior construction. 7. No outdoor music or amplification shall be allowed as part of the operation of the use. 8. All City, State and Federal regulations shall be met. 9. All Technical Review Committee comments shall be followed. NEIGHBORHOOD CONTACT Planning Commission City Council Signs Posted 1/17/17 2/16/17 Property Owner 1/17/17 2/16/17 Letters Advertisement Date(s) 1/27/17 2/19/17 & 2/26/17 Other Contact(s) None None Community Meeting: 1/30/17 8 PH4-12

13 SU Wrightsville Avenue ACTIONS TO DATE Planning Commission 2/1/17; RECOMMENDED APPROVAL; 7-0 City Council Action 3/7/17; SCHEDULED FOR PUBLIC HEARING Information from February 1, 2017 Planning Commission Meeting No spoke in favor of or in opposition to the request. Following discussion, the Planning Commission vote 7-0 to recommend conditional approval of the request. ATTACHMENTS 1. Special use permit application (Dated received 10/19/16) 2. Project Narrative (Dated received 1/5/17) 3. Location and zoning map (Dated 11/7/16) 4. Aerial map (Dated 11/7/16) 5. Wrightsville Avenue 2030 Recommended Land Use Map (Dated 11/7/16) 6. Create Wilmington Comprehensive Plan Growth Strategies Map (Dated 11/7/16) 7. Site plan (Received 1/6/17) 9 PH4-13

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23 Revised: 01/05/2017 Special Use Permit Narrative for A Restaurant in the Wrightsville Avenue Corridor 3820 Wrightsville Avenue The subject property has been a family business for many years. Although the existing nightclub / lounge and hair salon have been stable uses, the remaining commercial unit has had a regular revolving door of tenants. The owner believes that a small local restaurant will complement the adjoin bar and provide a convenient eatery for the many residents in the area. He proposes to up fit the vacant storefront with cooking facilities for a 68 seat restaurant. Seating will be located both inside and on a raised patio area along the frontage. The property had some upgrade and aesthetics improvements over the past couple of years. The grounds are well maintained and landscaped. This stretch of Wrightsville Avenue has a variety of commercial, office and residential uses. The purpose of the special use permit is to allow certain businesses to locate with conditions. The proposed project will enhance and preserve the existing urban development patterns by introducing compatible infill and redevelopment. No new surfaces or coverage are needed, but several improvements will be made to enhance safe vehicular circulation and bring technical standards into compliance. Sidewalks will be added along both street frontages where not already existing. Justification for the necessary findings are covered in the application narrative. The owner feels that those findings can be met by the proposed plan and conditions. The owner hopes to continue to improve the aesthetics and remain as asset to the neighborhood. PH4-23

24 R-15 Saint Joh ns CB CB O&I-1 MF-M O&I-1 Bryan Ave R-15 Floral Pky O&I-1 Wrightsville Ave Garden Ave CS Birch Creek Dr Downey Branch Albert Cir MF-M CB CS Ln Evermore Way Wilshire Blv Bonham Ave Page Ave R-15 SU Attachment 3 Land Use & Zoning 3820 Wrightsville Ave Site Land Use Single Family Multi-Family Mobile Home/Park Vacant Office & Institutional Commercial Park Ct O&I-1 Cherry Ave 39th St O&I-1 R-10 RB Park Ave Audubon Blv Peachtree Ave Feet 11/7/2016 PH4-24

25 ya na ve ey B r anch Br Albert SU Ln D own Wi lsh ire Cir Blv Attachment 2 Aerial Imagery 3820 Wrightsville Ave vi l le Bo n Evermor ew ay Av e ea ve hts Pag Wr ig ha B ir c h Cr eek m Dr Av e Site Flo ral Pky t Saint Joh ns C rde n Av e err ya ve Par k Pea ch Av e Au d ub on B lv Ch 39t h St Ga 0 tre ea ve 250 Feet 11/7/ PH4-25

26 !! Caswell St!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Bryan Ave Wrightsville Ave!! Stratford Blv Wilshire Blv BirchCreek Dr Downey Ln Bra Albert Cir!!!!!!!!!!!!!!!!!!! Jennings Dr nch Ev ermore Way Bonham Ave Page Ave Montclair Dr SU Attachment 5 Wrightsville Ave 2030 Plan 3820 Wrightsville Ave!!!!!!!!!!!!!!!! Zoning!!!! Site Retain single-family uses Zoning change recommended Retain multi-family uses Retain commercial uses change recommended Retain O&I-1 uses Preserve or purchase for public park!!!!!!!! Saint Johns Ct Floral Pky Garden Ave Cherry Ave!!!!!!!!!!!!!!! 39th St!!!!!!!!!!!!!!!!!!!!!!!!!! Cedar Ave 41st St Park Ave Peachtree Ave Audubon Blv Oleander Dr Fordham Rd 42nd St 43rd St Feet 11/7/2016 PH4-26

27 Stratford Blv Wilshire Blv Jennings Dr SU Attachment 4 Growth Strategies 3820 Wrightsville Ave Saint Johns Ct Caswell St Wrightsville Ave Floral Pky Park Ave Peachtree Ave Bryan Ave Garden Ave Cherry Ave 39th St BirchCreek Dr Downey Ln Bra Albert Cir Ev ermore Way Audubon Blv nch Bonham Ave Page Ave Cedar Ave 41st St Montclair Dr Site Corridors & Complete Streets Major Corridor/Regional Parkway Community Connector Main Street Special Character Street Community Parkway/Loop Road Mixed-use Centers Urban Mixed-use Center Mixed-use Place Neighborhood Node High-capacity Transit Routes Parks Green Connections Existing Planned Areas of Opportunity High-density Transitions Suburban Commercial Retrofit Neighborhood-scale Infill Development Oleander Dr Fordham Rd 42nd St 43rd St Feet 11/7/2016 PH4-27

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29 Agenda Item#: ~ Address: 3820 Wrightsville Ave Case Number: SU Hearing Date: 2/1/2017 Planning Commission Consistency Statement (To be read into the record as a motion, seconded and voted upon) Approval - this request is consistent with the objectives and policies of the following plans adopted by the City of Wilmington: (X) Create Wilmington Comprehensive Plan ( ) Wrightsville Avenue 2030 (WA2030) ( ) Vision 2020: A Waterfront Downtown ( ) Carolina Beach Road Corridor Plan ( ) College Road Corridor Plan ( ) Market Street Corridor Plan ( ) Oleander Drive Corridor Plan ( ) Dawson-Wooster Corridor Plan ( ) South 17th Stllndependence Blvd. Corridor Plan ( ) NorthSide Community Plan (X) City of Wilmington Strategic Plan ( ) SouthSide Small Area Plan ( ) Market Street Corridor Study (X) Wrightsville Ave 2030 Plan ( ) Other: Focus Areas The Planning Commission considers its approval to be reasonable and in the public interest based on the following "conclusions": 1. Foster a Prosperous, Thriving Economy Therefore, the Planning Commission recommends approval of this request. Denial - this request is not consistent with the objectives and policies of the following plans adopted by the City of Wilmington: ( ) Future Land Use Plan ( ) Wrightsville Avenue Land Use Plan ( ) Vision 2020: A Waterfront Downtown ( ) Carolina Beach Road Corridor Plan ( ) College Road Corridor Plan ( ) Market Street Corridor Plan ( ) Oleander Drive Corridor Plan ( ) Dawson-Wooster Corridor Plan ( ) South 17th Stllndependence Blvd. Corridor Plan ( ) NorthSide Community Plan ( ) City of Wilmington Strategic Plan ( ) SouthSide Small Area Plan ( ) Market Street Corridor Study ( ) Wrightsville Sound Small Area Plan ( ) Other: Therefore, the Planning Commission recommends denial of this request. Comments: This report reflects the recommendation of the City of Wilmington Planning Commission, this the 1 st day of February Planning Commission hairman Deb Hays PH4-29

30 1 CITY OF WILMINGTON PLANNING COMMISSION MEETING MINUTES February 1, 2017 A regular meeting of the Wilmington Planning Commission was held on February 1, 2017 at 6:00 p.m. in the City Council Chambers, City Hall Wilmington, North Carolina. Members Present: Chairman Deb Hays Vice-Chairman Richard Collier Mr. Bruce McGuire Mr. Kemp Roberts Mr. Jeff Hovis Ms. Laura Miller Mr. Bruce Bowman Members Absent: none Staff Present: Glenn Harbeck, Director Ron Satterfield, Assistant Director Amy Schaefer, Assistant City Attorney Jeff Walton, Associate Planner Christine Hughes, Senior Planner Kathryn Thurston, Zoning Administrator Eryn Moller, Associate Planner Tamara Mercer, Planning Coordinator Chairman Hays called the meeting to order at 6:00 p.m. and after the Pledge of Allegiance, Chairman Hays read the procedure and appeals statement. NEW BUSINESS: 4. Special Use Permit: Property containing approximately 0.58 of an acre +/- (Parcel ID: R ) located at 3820 Wrightsville Avenue for a standard restaurant in the Wrightsville Avenue Corridor Overlay. Eryn Moller, Associate Planner (SU ) 3820 Wrightsville Ave PC documents Associate Planner, Eryn Moller explained that this site is located on the southwest corner of the Wrightsville Avenue and 39th Street intersection, and contains approximately 25,000 square feet (0.58 acre). The site is zoned CS and is located within the Wrightsville Avenue Corridor Overlay and is surrounded by professional offices, commercial, and singlefamily to the north, single-family to the south and west, and by commercial and single-family to PH4-30

31 2 the east. The Land Development Code (LDC) requires the issuance of a Special Use Permit for a standard restaurant in the CS District and Wrightsville Avenue Corridor Overlay. The applicant is requesting a special use permit to allow a standard restaurant to be located in an existing unit of an existing building. The special use prerequisites for a proposed use within the Wrightsville Avenue Corridor Overlay require that the special use is evaluated for potential traffic generation and site access design. The proposed standard restaurant will occupy a unit in an existing building where no additions are proposed and the existing parking will be reconfigured to increase accessibility and safe vehicular movement. Ms. Moller stated the access to the site would be from Wrightsville Avenue and 39th Street. Currently there are two driveways on Wrightsville Avenue. The eastern-most driveway on Wrightsville Avenue would be required to be closed and the adjacent parking spaces removed. Installation of a sidewalk would be required along both Wrightsville Avenue and 39th Street. Staff believed the proposal is consistent with the recommendations of the Create Wilmington Comprehensive Plan. The site is located within an area identified as a Neighborhood-scale Infill Development Area of Opportunity on the Growth Strategies Map. The plan encourages incorporating existing storefronts and neighborhood-scale commercial development along corridors to serve the neighborhood. The proposed special use permit would allow the site to utilize an existing storefront with a neighborhood scale restaurant, increase pedestrian access and promote stewardship of existing neighborhoods and places. Staff believed the proposed site plan meets the special use prerequisites of the Land Development Code and that the proposal is compatible with the area. Based on the findings of fact and the information contained in the case summary, the Create Wilmington Comprehensive Plan, and the City of Wilmington Adopted Focus Areas, staff believed the request is reasonable and in the public interest. Therefore, staff recommended conditional approval of the request. Ms. Cindee Wolf, of Design Solutions and representing Jordan Properties, stated her client s grandmother ran this fairly popular neighborhood establishment for many years and he bought it from her. A few years later, the building owner wanted to sell and her client purchased the entire building. It was a hair salon and an existing night club. The other side of the property had a variety of uses over the years. They will provide sidewalks, better vehicular circulation, etc. which will be an improvement of this property. She agreed with staff s determination that this proposal is consistent with the goal to improve neighborhoods. Mr. Bowman asked if the restaurant proposes to expand the bar and lounge or would it be an independent restaurant. Ms. Wolf responded that there would be a connection between the two. Chairman Hays opened the public hearing and no one spoke in favor or in opposition of the proposal. Everyone given the opportunity to be heard, the public comment section was closed. Commissioner McGuire moved to conditionally approve a Special Use Permit for property containing approximately 0.58 of an acre +/- (Parcel ID: R ) located at 3820 Wrightsville Avenue for a standard restaurant in the Wrightsville Avenue Corridor Overlay (SU ). This request is consistent with the objectives and policies of the following plans adopted by the City of Wilmington: the Create Wilmington Comprehensive Plan, the City PH4-31

32 3 of Wilmington Strategic Plan, the Wrightsville Avenue 2030 Plan and other focus areas. The Planning Commission considers this approval to be reasonable and in the public interest based on the following conclusion, Foster a Prosperous Thriving Economy. The conditions are as follows: 1. The applicant shall fully comply with all of the specific requirements stated in the Land Development Code for the proposed use as a well as any additional conditions stated below. 2. If any section, subsection, paragraph, sentence, clause, phrase or portion of this permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, this special use permit shall be null and void and of no effect. 3. The use and development of the subject property shall be in accordance with the plan received on 1/06/ 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. 5. All outdoor lighting shall be installed so as not to shine or reflect directly onto surrounding properties. 6. The use of pine straw as ground cover shall be prohibited within ten (10) feet of any combustible exterior construction. 7. No outdoor music or amplification shall be allowed as part of the operation of the use. 8. All City, State and Federal regulations shall be met. 9. All Technical Review Committee comments shall be followed. The motion was seconded by Commissioner Roberts. The motion carried 7 0, unanimously. PH4-32