TO: Mayor and Village Council

Village of Marvin North Carolina

DATE: October 27, 2016

FROM: Lisa Thompson, Administrator/Senior Planner

SUBJECT: Individual Conditional District Rezoning – Marvin Gardens

Staff provided a detailed staff report for the October 11, 2016 Village Council Meeting. All attachments and exhibits from that meeting shall be considered a part of the rezoning.

The attachments included in this report are staffs findings to the Planning Board recommendations. The Planning Board recommendations document needs to be considered in its full context as provided in the last meeting packet (attachment 6).

Land Use Plan Consistency Statement

State Statute requires that all zoning regulations shall be made in accordance with a comprehensive plan. When adopting or rejecting any zoning amendment, the governing board shall approve a statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan or any other officially adopted plan that is applicable, and briefly explaining why the board considers the action taken to be reasonable and in the public interest. That statement is not subject to judicial review. Plan consistency should be a factor explicitly considered, but it does not control the outcome of the decision. Village Council may adopt a rezoning that is inconsistent, as long as it’s acknowledged in writing and there is rationale for the decision.

Proposed Land Use Consistency Statement and Reasonableness (Recommended by staff to PB – November 2015)

The Planning Board finds that the proposed rezoning of Parcels 06-183-011, 06-183-011B, 06-183- 011C, 06-156-005B, and 06-156-014A to the Individual Conditional District – Marvin Gardens is consistent/inconsistent with the Village of Marvin Land Use Plan.

The Village of Marvin land Use Plan designates this area as a commercial corridor. The scale of the commercial development and types of uses permitted service the communities needs and are consistent with the Land Use Plan. The residential portion of the plan is a compatible use due to the surrounding properties, transition to adjacent commercial uses, and minimum impacts on public facilities. The commercial road buffers and residential density are found to be inconsistent with the recommendation of the plan; however it furthers the goals and purpose of the plan by providing conservation land or fee-in- lieu for future greenway connections, agrarian aesthetics, transportation improvements, and economic development to the area.

The rezoning of the subject site to the Individual Conditional District – Marvin Gardens is reasonable and is in the public interest because it promotes the goals of the adopted Land Use Plan. Proposed Land Use Consistency Statement and Reasonableness provided by PB – January 19, 2016

Motion: The Planning Board finds the Regency Centers Development, LLC ‘Marvin Gardens’ I-CD proposal to be both consistent and inconsistent with the Village Land Use Plan:

The plan is consistent with the Land Use Plan in that: 1. The plan proposes a commercial development “located in a designated portion of the Village” along Providence Rd. 2. The schematic depictions and architectural elevations in Envelope A, of the rezoning plan, intend to provide a “visually distinct” center. 3. Building materials in Envelope ‘A’ provide a tribute towards Marvin’s “reputation” as an “equestrian-friendly” community. 4. The commercial development is “community-oriented” in terms of overall size and designed to “meet community needs” however the permitted uses need further review to ensure this is the case. 5. The center places desirable “limits on floor area ratios” for anchor uses as well as acceptable limits on “gross floor area for individual uses”. 6. The total gross leasable commercial area can be considered “low density” compared to other shopping centers; however suitable conditions will be required to mitigate the impacts of intense and typically impermissible drive-through and convenience uses. 7. The residential area could be regarded as a “significant buffer” between an area of existing residential homes and a more intense commercial district. Additionally, the applicant has provided “significant buffers” between some existing homes and the development’s multi-tenant structure.

The proposed plan is inconsistent with the Marvin Land Use Plan, in that: 1. Only 21% of the commercial GFA is dedicated to “small-scale”, “neighborhood-oriented” retail and the anchor tenant accounts for over 50% of the non-office commercial square footage. 2. The commercial development incorporates many uses designed to serve motorists and does not currently “enhance Marvin’s reputation” as an “environmentally-friendly community” or outline a plan “designed to promote...pedestrian use” or provide direct shopping center” connectivity to the greenway system” which will be installed along the right-of-ways. 3. The plan compromises aspects of the Village Tree Ordinance and Landscaping, Screening & Buffer Ordinances, counter to objectives to “preserve” or “plant” trees, “ensure large stands of trees” and preserve or create “scenic vistas” in accord with “meaningful standards” in the Village ordinances. 4. The open spaces proposed in the residential area are not “significant areas of open space” which provide “parks” and “recreation opportunities”, “greenways” coupled with “curvilinear” streets and “terminal vistas” to soften the visual impacts of higher-density homes. 5. Assurances are needed that architectural design in commercial outparcels will “enhance Marvin’s reputation” as an “equestrian community”, that reflects the “Village’s rural character and heritage”. 6. The overall density and layout of the residential development needs to incorporate additional design principals, like “curvilinear roads” and “scenic vistas”, to ensure it is “well developed, aesthetically pleasing and will have a long-term positive impact” on the Marvin community. 7. The architectural elevations provided for residential dwelling units and commercial outparcels do not sufficiently detail whether “exteriors [are] comprised of natural materials” to promote Marvin’s “small-town village” “rural roots”. 8. “Significant buffers”, including setbacks and/or screening, have not yet been provided for “adjoining residential subdivisions” and areas along “major roads”. Updated Land Use Consistency Statement and Reasonableness with Planning Board recommendations – for Council adoption.

The Village Council finds that the proposed rezoning of Parcels 06-183-011, 06-183-011B, 06-183- 011C, 06-156-005B, and 06-156-014A to the Individual Conditional District – Marvin Gardens is substantially consistent with the Village of Marvin Land Use Plan.

The Village of Marvin land Use Plan designates this area as a commercial corridor. The development is consistent with the Land Use Plan in that the scale of the commercial development and types of uses permitted service the community’s needs. The elevations represent an equestrian-friendly community. The development is community-oriented in terms of overall density. A significant buffer is proposed to buffer the existing residential homes.

The residential portion is inconsistent with the Land Use land however it is a compatible use due to the surrounding properties, transition to adjacent commercial uses, and minimum impacts on public facilities. The commercial road buffers and tree mitigation are found to be inconsistent with the recommendation of the plan; however it furthers the goals and purpose of the plan by providing transportation improvements, and economic development to the area.

The rezoning of the subject site to the Individual Conditional District – Marvin Gardens is reasonable and is in the public interest because it promotes the goals of the adopted Land Use Plan.

Recommendation

If conditions can be negotiated between the applicant and Village Council, staff recommends approval of the rezoning of Parcels 06-183-011, 06-183-011B, 06-183-011C, 06-156-005B, and 06-156-014A to the Individual Conditional District – Marvin Gardens along with the adoption of a Statement of Land Use Plan Consistency with the following conditions:

The following conditions were supplied to staff prior to the public hearing (the application is subject to additional conditions from Village Council and mutually agreed upon by the applicant).

Conditions: 1. The Preliminary site plan/Civil design plans shall include a demolition plan the removes the existing barbed wire fencing. o Applicant will accept this condition

2. CCR’s for both residential and commercial portions shall be reviewed and approved prior to a land development permit. o Applicant will accept this condition prior to plat approval. This will allow for the documents to be finalized along with HOA documents and not hold up our land disturbance permit.

3. Amend the plan so no lots are less than 8,000 sq. ft. and the minimum lot size of 8,000 sq. ft. is added to the data table for sheet CZ-1A. o Applicant will accept this condition. The information will be updated in the data table for CZ-1A.

4. Amend LOT 2 acreage label. o Applicant will accept this condition

5. The development shall be subject to Chapter 152: Outdoor Lighting o Applicant will accept this condition

6. Development shall be subject to the Village of Marvin Engineering Standards and Procedures Manual (upon adoption). o Applicant will accept this condition

7. The maintenance plan shall be updated with the new residential layout. o Applicant will accept this condition

8. The Village accepts a fee in lieu for the residential lots and the development shall be subject to 150.075. o The applicant has provided the specified amount of greenspace for a park. In addition, the Village of Marvin is relieving itself of the obligation to maintain the park by not taking title to the park property. We do not feel it is fair to require the set-aside and place the expense of maintenance and upkeep on the Developer, and still ask for a payment-in- lieu. The payment-in-lieu would seem fair if we tried to eliminate the requirement altogether.

9. The truck deliveries shall be from 7am-10 pm o Publix will require store deliveries at 6 a.m. to provide fresh products to the store in advance of its store opening at 7 a.m.

10. The Gas station canopy shall fit the theme of the development and is not permitted to have a flat- roof. o Applicant will accept this condition in the event the reference image is changed to include the following photo:

11. Parking shall be permitted on the side and rear of the building and shall not encroach into the 50’ building setback line. o Applicant has already agreed: . not to park between the building and the right-of-way . enhance its drive thru screening provisions . enhance the loading screening . enhance its landscaping along the right-of-way o It is imperative that the Developer maintain the flexibility to attract retailers that can meet the high standards of the Village of Marvin while still having the room to create a retail environment that meets its needs. 12. Parking for Outparcel 2 shall be calculated by uses. o Using a blended parking requirement of 5.0/1,000 SF addresses the peak needs of uses that are usually offset by slower times with other tenants. For example, a coffee shop is busiest in the morning when other tenants may not even be open. Therefore, when the coffee shop is operating at its peak time it has parking count that is far greater because its customers have access to the entire parking field.

13. The minimum number of stacking spaces for a Restaurant, with drive through and fast-food with drive through shall be 12 spaces with a queue length of 240’. The min. number of stacking spaces for a coffee shop shall be 13 with a que length of 260’. o Applicant has already agreed: . not to park between the building and the right-of-way . enhance its drive thru screening provisions . enhance the loading screening . enhance its landscaping along the right-of-way o It is imperative that the Developer maintain the flexibility to attract retailers that can meet the high standards of the Village of Marvin while still having the room to create a retail environment that meets its needs. We believe the stacking spaces as proposed are sufficient to meet the needs of the tenants that will likely locate here.

14. Street trees along New Town and Providence roads shall be planted 25’ on center. o Applicant will accept this condition

15. The conceptual site layouts on outparcels shall be removed and not be considered a part of the rezoning plan. o Applicant will accept this condition

16. All NCDOT and Village Traffic engineering comments and conditions shall be required o The TIA has already been approved and the NCDoT and Village Traffic Engineer will have the opportunity to review the plans for the Zoning Permit when they are submitted. It is more appropriate for the two bodies to review the plans and make any additional comments at that time.

17. The drive-through service lane for outparcel 2 requires a masonry screening wall o Applicant will accept this condition

18. Provide a sidewalk connection to Woodmont Drive o Applicant will reimburse the Weddington Chase HOA up to $5,000 to install a sidewalk on its property connecting to the Marvin Gardens sidewalk. Sidewalk shall meet specifications of Marvin Gardens Development Standards.

19. Buffers are a material consideration to the rezoning and it is recommended to all future boards and councils that these not be reduced in any way. o Applicant will agree to put this note on the plan

20. Screening for Outparcel 1 shall be supplemented with an additional row of understory trees due to the reduced setback. o Applicant will agree to this condition

21. Publix signage shall be attached to the development standards. o Agreed

22. Wall signs shall not project more than 12” from the outside of wall. o Applicant will accept this condition

23. Ornamental, decorative pedestrian-scaled lighting shall be provided for pedestrian walkways, rest areas and pedestrian-oriented amenities, in addition, parking lot lighting shall be pedestrian- friendly versus standard fixtures like “box lighting” o The Developer has been consistent in its position that economic considerations made in accepting previous conditions have burdened the project beyond the ability to accept this condition. The development budget has been committed to landscaping, architecture, screening, etc.

24. All exhibits and attachments listed and provided in the 10/11/2016 staff report shall be incorporated as part of this rezoning. Changes to agreed upon conditions shall be made within 2 weeks of final approval and copies shall be provided to staff. o Applicant will accept this condition

Attached Review of PB recommendations