PLANNING COMMISSION. Agenda Item # 1.

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1 PLANNING COMMISSION Agenda Item # 1.

2 LAND DEVELOPMENT CODE AMENDMENT Planning Commission: January 4, 2017 Case: LDC Staff Contact: Christine Hughes; Staff Recommendation: Planning Commission Recommendation: City Council Action: Approval Scheduled for Public Hearing 1/4/17 Request Code Section(s) Amend City Code Chapter 18, Sec Request Applicant To modify conditions for nonresidential off-street parking in residential districts Design Solutions/Cindee Wolf 107 Stokley Drive, Unit 104 Wilmington, NC (910) BACKGROUND / ANALYSIS The Land Development Code (LDC) currently allows nonresidential off-street parking in residential districts only with the issuance of a special use permit and subject to specific prerequisites. The proposed amendment would make the standards for nonresidential off-street parking in residential districts more consistent with standards for off-site (satellite) parking allowed in other districts, as found in Sec (d) (see attachment 2 for full text). The applicant proposes to amend the code to modify the special use prerequisites for this parking standard. The requirement for the issuance of special use permit is not proposed to be changed. The special use permit process allows City Council to add other conditions as necessary to meet site-specific conditions. Staff notes that the amendment, as proposed below, differs slightly from what the applicant proposed in the submitted application. Upon consultation with the applicant, an amendment that better aligns with the existing code standards is proposed. Staff researched similar parking standards of benchmark cities. Of the cities researched, six cities allow nonresidential off-street parking within residential districts, and of those, Alexandria, Chattanooga, and New Bern prescribe a maximum distance (ranging from 300 feet to 700 feet) from the primary use to the parking, while only Santa Fe requires the parking and the primary use to be adjoining. Five cities do not allow nonresidential off-street parking in residential districts.

3 LDC Nonresidential Off-street Parking 2 Benchmark Cities Research Alexandria, VA Annapolis, MD Asheville Charleston, SC Chattanooga New Bern Raleigh Santa Fe, NM Savannah, GA St. Augustine, FL Nonresidential parking allowed within residential zoning with a special use permit Off-site parking facilities permitted in some residential districts as a special exception use Nonresidential parking not generally permitted in residential districts Nonresidential parking not generally allowed in residential districts Zoning for remote parking not specified Zoning for satellite parking not specified Nonresidential parking not generally permitted in residential districts the use which the remote parking is serving must be permitted as a principal use within the same zoning district that the parking is provided Allowed for limited nonresidential uses Nonresidential parking not permitted in residential districts Off-street parking and loading may be located within 400 feet of the premises as a use permitted by exception Within 300 feet No conditions specified Remote parking allowed within 500 feet of the principal use but the principal use must be permitted in the zoning district in which the remote parking is located. Off-site parking may be provided within 400 feet of the building or use on a properly zoned lot Up to 40% of required parking may be located in remote parking Within 700 feet of primary entrance of facility served Satellite parking spaces within 600 feet of public entrance of principal use Employee parking spaces are excepted Remote parking allowed with distances ranging from 2,640 feet to 660, depending on district (measured in walking distance) SUP required for remote parking in residential districts Adjoining lots only Board must consider impacts on pedestrian and vehicular patterns and user safety, impact on surrounding properties from noise, glare, visual quality, nuisance, and

4 LDC Nonresidential Off-street Parking 3 St. Petersburg, FL Wilmington Nonresidential parking not permitted in generally residential districts Nonresidential parking in residential district permitted by special use permit traffic generation Off-site parking shall be located within the same zoning district as the principle use or a zoning district that permits the parking area as a principle use Must be within 300 feet from the entrance of the principle use Identifiable lighted pedestrian connection shall be provided and shall not require the crossing of a street, except at a signalized intersection Only used in conjunction with principal use Access prohibited through residential areas Access only via the lot containing the principal use No point of parking site farther than 200 feet from the nonresidential district boundary, excluding street right-of-way Under same ownership as lot containing principal use PROPOSED AMENDMENT Following are the proposed amendments to the Land Development Code. Additions are underlined, deletions are in strikethrough. Sec Nonresidential off-street parking in residential districts. Off-street parking in residential districts for any use located within nonresidential districts shall comply with the following: (a) Sites shall be used solely for parking in conjunction with the principal uses as opposed to paid parking lots, loading facilities, etc. (b) Vehicular access to the lot shall be controlled as follows: prohibited through residential areas. (1) Access shall be prohibited through residential areas.

5 LDC Nonresidential Off-street Parking 4 (2) All points of entrance and exit serving the parking area must be through the lot containing the principle use. (c) Site location shall be controlled as follows: (1)The site shall have a common boundary with the principal use site for a minimum distance of twenty-five (25) feet. (2)(1) No point of proposed parking site shall be further than two hundred (200) two (2) city blocks or six hundred and fifty (650) feet from the nonresidential zoning district boundary; however, the width of any intervening street right-of-way shall not be included in this measurement. (3) The site shall be located no closer than one hundred fifty (150) feet to any street rightof-way except the right-of-way the principal use abuts. (4)The site shall be under the same ownership as the principal use. (2) This parking area shall be held in fee simple by the owner of the use served, or in another manner that assures continued availability for required parking, provided the form of tenure shall be approved by the city attorney before such use is issued a certificate of occupancy. (d) A screening buffer, in accordance with the size of the principal structure it serves and the zoning district in which the principal structure is located as specified in Article 8, Division VII of this chapter shall be provided along all side and rear property lines abutting a residential use of a district or single-family residential-zoned property. (e) Site lighting shall be located so as not to shine or reflect directly onto any adjacent residential property. (f) Such parking areas may exempt from the paving requirements of Sec (e) and may be paved or constructed with a combination of pavement and alternative surfaces such as concrete pavers, brick, turfstone, or a stone material. Installation shall be in accordance with the requirements set forth in the Technical Standards and Specifications Manual. Alternative parking surfaces shall be adequately maintained to provide a stable parking surface. CONSISTENCY WITH ADOPTED PLANS Create Wilmington Comprehensive Plan The proposed amendment is consistent with the recommendations of the Create Wilmington Comprehensive Plan. The plan calls for compact development and efficient site designs that reduce the negative impacts of low-intensity development patterns. The plan calls for site and building designs that improve the built environment and protect the pedestrian experience. Policies that pertain to the proposed amendment are provided below. Policies are identified as ranging from being in strong support to modest support of the proposal. The following symbology is employed: Strong Support Modest Support

6 LDC Nonresidential Off-street Parking 5 Policies Citywide Growth 1 Development & City Building Development should occur in a compact pattern that reinforces the efficient provision of public services and utilities, improves the performance of the transportation network, preserves open space, and reduces the negative impacts of low-intensity and non-contiguous development patterns. 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 New commercial development should be properly managed through the use of development regulations, the development review process, and other tools. The intent is to avoid unreasonable impacts, such as traffic, parking, litter, shadow, light, view obstruction, odor, noise, and/or vibration impacts on nearby residential areas. Policies 2 Transportation Parking Management The amount of land devoted to surface parking should be minimized through measures such as parking deck and underground parking, shared parking, flexible ordinance requirements, improved parking standards, the implementation of transportation demand management plans, and provision of public transit to reduce parking needs. Policies 9 Urban Design and Placemaking Mixed-use Centers and Places Creative parking solutions, including shared parking arrangements, the use of structured parking facilities, and technological parking management programs, should be encouraged. City of Wilmington Strategic Plan The proposal is consistent with the recommendations of the City of Wilmington Strategic Plan. The proposed amendment may facilitate infill and redevelopment on sites where meeting parking requirements may be a challenge. Focus areas that most pertain to the proposed code amendment are: 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. 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. CONCLUSION / RECOMMENDATION The current provisions for allowing nonresidential off-street parking in residential districts are not consistent with the existing standards for satellite parking in other districts, as described in Section of the LDC (see attachment 2 for full text). The proposed amendment would make both code sections consistent in terms of distance from primary use and ownership standards. Because a special use permit is required for nonresidential off-street parking in residential districts, staff

7 LDC Nonresidential Off-street Parking 6 believes any potential impacts of the proposed changes can be mitigated on a case-by-case basis through the special use permit process. By eliminating the requirement for adjacency of the lots and instead allowing for a maximum distance, there is potentially greater opportunity to minimize impacts of nonresidential off-street parking along Main Streets and Special Character Streets. It would also create opportunities for shared parking and encourage redevelopment of sites that may be constrained by parking requirements. The proposed amendment is consistent with the recommendations of the Create Wilmington Comprehensive Plan, the city s Adopted Focus Areas, and is in the public interest; staff recommends approval of the amendment to the Land Development Code as proposed. NEIGHBORHOOD CONTACT Planning Commission Advertisement Date(s) 12/30/16 City Council ACTIONS TO DATE Planning Commission City Council ATTACHMENTS 1. Land Development Code Amendment Application (Dated Received 10/3/16) 2. Full text, Sec ; Sec

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12 LDC Non residential Off street Parking in Residential Districts Attachment 2. Full Text of Land Development Code Sec Nonresidential off-street parking in residential districts. Off-street parking in residential districts for any use located within nonresidential districts shall comply with the following: (a) (b) (c) (d) (e) Sites shall be used solely for parking in conjunction with the principal use as opposed to paid parking lots, loading facilities, etc. Access to the lot shall be controlled as follows: (1) Access shall be prohibited through residential areas. (2) All points of entrance and exit serving the parking area must be through the lot containing the principal use. Site location shall be controlled as follows: (1) The site shall have a common boundary with the principal use site for a minimum distance of twenty-five (25) feet. (2) No point of proposed parking site shall be further than two hundred (200) feet from the nonresidential zoning district boundary; however, the width of any intervening street right-of-way shall not be included in this measurement. (3) The site shall be located no closer than one hundred fifty (150) feet to any street right-of-way except the right-of-way the principal use abuts. (4) The site shall be under the same ownership as the principal use. A screening buffer, in accordance with the size of the principal structure it serves and the zoning district in which the principal structure is located as specified in Article 8, Division VII of this chapter shall be provided along all side and rear property lines abutting a residential use of a district. Site lighting shall be located so as not to shine or reflect directly onto any adjacent residential property. Sec Off-street parking standards. (a) Purpose. The purpose of this section is to provide off-street parking standards that will alleviate congestion in the streets and allow for the efficient storage of motor vehicles while, concurrently, reducing any adverse environmental impacts to the urban area. By reducing glare, noise levels and air pollution to occupants and residents of adjoining properties, and by controlling storm water drainage and soil erosion, these standards will generally contribute to the public health, safety and general welfare of the citizenry and will create a more aesthetically pleasing living environment in the City of Wilmington.

13 LDC Non residential Off street Parking in Residential Districts (b) (c) (d) (e) (f) (g) (h) [Parking must be provided.] Parking must be provided for new construction of principal buildings and certain instances of alterations to existing sites and conversions of buildings from one (1) district use or occupancy to another district or district use. No lands or buildings, or any part thereof, shall be occupied or used for any purpose, nor shall any building permit be approved, until the owner of the real estate involved provides off-street motor vehicle parking and driveways in accordance with the minimum requirements set forth herein and in the sections for off-street truck loading (section ), off-street parking spaces (sections and ), off-street parking design (section ), and driveways (section ). No additional parking shall be required for the issuance of a building permit under subsection (h) of this chapter (reconstruction of nonconforming uses). When an existing building or use on the same lot is altered or expanded to increase its gross floor area by fifty (50) percent or more, or whenever a conversion of buildings from any district use to another district use requires additional off-street parking, all parking lot design requirements of this article shall be met. Other off-street parking facilities for which a plan is required under section shall meet only those standards which the city manager determines to be necessary to protect the public health, safety or welfare; except that this waiver shall not apply to expansions that occur within two (2) years of each other as noted by the dates the building permits were issued and that together would otherwise require all off-street parking improvements to be made. (SeeArticle 8 for application of the landscaping requirements to building or use expansions.) Vehicle movement. All off-street parking areas, except those serving a single-family or twofamily housing unit, shall be arranged so that ingress and egress is by the forward motion of the vehicle. Location on other property. If the required automobile parking space cannot reasonably be provided on the same lot as the principal use, it may be provided on a lot within two (2) city blocks or six hundred fifty (650) feet (whichever is greater) of the principal use structure. This parking area shall be held in fee simple by the owner of the use served, or in another manner that assures continued availability for required parking, provided the form of tenure shall be approved by the city attorney before such use is issued a certificate of occupancy. Nonresidential off-street parking in residential district. Such parking may be provided in residential districts upon issuance of a special use permit as required in Article 3, Division IV, subject to its prerequisites required inarticle 6, Division I. Parking space in private driveways. Private driveways serving detached single-family and two-family housing units of sufficient size to meet the requirements of this section shall be considered as providing the required off-street parking space. Safety barriers. All service stations, parking lots, display or sales areas for motor vehicles of any type shall erect a safety barrier inside the street yard exclusive of driveway entrances. Such barriers shall be at least seven (7) inches in height and six (6) inches in width, and shall be of approved construction and otherwise designed to prohibit any overhang of motor vehicles in any public right-of-way. Combination of parking spaces on a lot. Required parking spaces for any number of separate buildings or uses may be combined in one (1) parking lot, but the required spaces assigned to one (1) use may not be assigned to another use if the uses normally operate at the same time.

14 LDC Non residential Off street Parking in Residential Districts (i) (j) Exception to off-street parking standards. (1) Central Business District. The provisions of subsection (b) shall not apply to the Central Business District, except section andsection shall be applicable to new construction of off-street parking areas. (2) Historic Districts. The provisions of subsection (b) shall not apply to properties in the Historic District Mixed Use (HDMU). The provisions of subsection (b) shall also not apply to properties in the Historic District (HD) and located within one thousand three hundred twenty (1,320) feet of a government-owned parking facility where public parking is available. Conversions of residential structures resulting in increased residential density in the Historic District (HD) and Historic District-Residential (HD-R) shall meet the parking requirements for new construction in these areas. Conversions shall not be exempt from off-street parking requirements. (3) Hemenway. Residential uses located within the Hemenway Redevelopment Area of the City of Wilmington shall provide one (1) parking space per unit. The required parking can be provided either off-street, or on-street, if adequate off-street parking area is not available. The city manager will determine the capability of providing off-street parking on the residential lot in order to determine if on-street parking is needed. Maps identifying the boundaries of the Hemenway Redevelopment Area may be viewed at the development services department. (4) Historic mixed use buildings located in the 1945 corporate limits. The provisions of subsection (b) shall not apply to existing structures. Off-premises parking shall be encouraged through subsection (d) of this chapter. (5) Religious institutions located in the 1945 corporate limits. The provisions of subsection (b) shall not apply to religious institutions that require fifty (50) or fewer parking spaces if on-street parking is available within a two-block radius. Off-premises parking shall be encouraged through subsection (d) of this chapter. Use of parking facilities. (1) Limitations on use of required parking facilities. a. Permitted use. Required parking spaces approved in accordance with this chapter shall only be used for the intermittent parking of licensed motor vehicles of employees, occupants, owners, tenants or customers utilizing the building served by said required parking space. b. Storage, repair or display of any equipment or merchandise, shall not be permitted. Storage of vehicles for sale at an automobile dealership may be permitted. c. All parking areas not in compliance with these requirements shall be rendered in compliance prior to September 1, (2) Limitations on use of supplemental parking facilities.

15 LDC Non residential Off street Parking in Residential Districts a. b. c. d. Supplemental parking (parking facilities provided but not required) shall only be used for the intermittent parking of licensed motor vehicles of employees, occupants, owners, tenants or customers utilizing the building served by said parking space with exceptions described below. Storage or repair of any equipment or merchandise shall not be permitted. Storage of vehicles for sale at an automobile dealership may be permitted. Display and sale of any merchandise shall not be permitted except as may be approved by the city through a temporary use permit. All parking areas not in compliance with these requirements shall be rendered in compliance prior to September 1, 2000.