LAND APPLICATION TO AMEND THE LAND DEVELOPMENT DEVELOPMENT CODE AMENDMENT CODE (CHAPTER 18) REQUEST The applicant requests that the City of Wilmington Land Development Code be amended as indicated below: Applicant Information Name: Design Solutions / Cindee Wolf Mailing Address: P.O. Box 7221 Wilmington, NC 28406 Phone: _ 910-620-2374 Email: cwolf@withersravenel.com, 03/29/18, Applicant Signature: Action Re d Article, Division, and Section of Land Development Code to be amended (be sure to include all applicable articles and sections): * Article 5. Zoning District Regulations. Division II. District Regulations. Sec. 18-187. HD, Historic District. (f) Uses Permitted by Special Use Permit. and * Article 6. Supplemental Development Regulations. Division |. Prescribed Conditions, . RECEIVED MAR 29 2018 PLANNING DIVISION LDO-'-7]8Wording of proposed text amendment (attach additional sheets as necessary): Sec. 18-187. Add Use: (20) Restaurant, fast-food & carry out, no drive-up windows And Add Section: Sec. 18-329. Restaurant, fast food & carry out, no dri windows in the Historic District. (a) Location shall be limited to existing commercial structures that front along rights-of-way classified as arterial or collector streets. (b) Off-street parking shall be provided to meet the minimum requirements of Article 9 for the specific use. (0) Directional light fixtures shall be utilized to reduce light pollution and light trespass beyond the parcel boundaries. (d) Hours of operation can begin no earlier than 6 AM and end no later than 9 PM, including all deliveries. (@) Before any work is begun, including any construction, alteration, demolition, moving or any other activity that would substantially alter the appearance or character of any appurtenant feature, a certificate of appropriateness, in accordance with Section 18-96 and Section 18-97 of the Code, shall be secured from the Historic Preservation Commission. RECEIVED WAR 29 2018 PLANNING DIVISION Lot! “MIExplanation of impacts on the City as a whole and consistency with City plans and policies (Future Land Use Plan, corridor plans, Vision 2020: A Waterfront Downtown, etc.) (attach additional sheets as necessary): The purpose of the Historic District is to protect and conserve the heritage and character of the City. However, existing commercial structures are severely limited in the non-residential uses that are allowed — even by special use permit. This urban district is pedestrian friendly. Supporting small-scale services in proximity to the residents promotes the strategy for maximizing land use efficiency. Sustainability of the City depends on sensible infill development. Encouraging rehabilitation of underutilized structures improves the form and function of the district and is an excellent opportunity for good economic development and increased tax base. Prescribed conditions and the special use permit process can insure that the use will not materially endanger the public health or safety, and that it will be consistent with the specific location of the proposal. Added conditions can be applied to mitigate impacts, to assure preservation of the character of established neighborhoods, and to protect their livability and associated property values. Justification for amending the Land Development Code as proposed {attach additional sheets as necessary): Allowing the use in the historic districts by prescribed conditions could encourage the rehabilitation of obsolete and under-utilized buildings within the district. Restaurant, fast food and carry out, no drive-up windows is already included in the Historic District Mixed-Use (HDMU) by special use permit. Allowing the use in the Historic District (HD), but only by limitations to location along higher density streets and use of already existing commercial structures, broadens the range of services that can be convenient to the residents Research evidenced that communities like Raleigh, North Carolina, have residential mixed-use districts that can provide limited services — also subject to use standards — to the residents in the surrounding area. RECEIVED WAR 29 2018 PLANNING DIVISION LOC-! - 11