The Planning Commission rejected a proposal to rezone about 19 acres near Mallory Creek for a 123-unit townhome development. (Courtesy photo)
LELAND — The Town of Leland, its residents and developers were divided last month over a rezoning request to convert commercial property to residential use.
Read more: City of Leland to consider 70% property tax increase for roads, public safety
The Planning Commission on March 26 unanimously rejected a recommendation to rezone 18.85 acres near the Mallory Creek subdivision, where developer Thomas & Hutton plans to build 123 townhouses at the southeast end of Highway 133. The developer had requested a rezoning from commercial to medium-high density apartment complex.
At the meeting, the town's planning and inspection staff recommended denial, citing concerns about taking land away from the town's limited commercial district. Currently, 1,464 approved housing units are awaiting construction or under construction within Mallory Creek or near the potential project.
Planning Commissioner Barbara Scott Akinwole agreed with wanting to maintain a limited commercial district.
“Unless we want to be a commuter town for Wilmington, I think we need to really look at making sure we improve our commercial base,” she said.
Town officials also noted the project is not consistent with the “Leland 2045” comprehensive plan, adopted nearly three years ago, which focuses on ensuring a variety of community types and housing options, as well as goods and services within reach of nearby residents and addressing different transportation needs.
John Dunford, managing director of Thomas & Hatton, said at the meeting that staff opposition had put him and the firm in a “bit of an awkward situation”.
“It appears that what we thought we saw in the comprehensive plan when we began this process was different than what staff saw in the comprehensive plan,” John Dunford, president of Thomas & Hutton, said at the meeting.
Staff told the planning commission that the project is not consistent with the plan's goal of creating jobs through diverse transportation options in areas where people live.
City planner Marissa Ernst said the site is well suited for mixed-use and commercial development, and she saw potential for retail and commercial use in neighborhood centers just north and south of the site.
Dunford acknowledged his project conflicts with some aspects of Leland 2045 but maintained that no project meets all of the criteria. He said the project is a development that is well-suited to the area, with good multi-modal connectivity and low impact on the natural environment.
Meanwhile, Dunford said there's no guarantee what will be built, as the current commercial district allows for about 104 uses, from coffee shops to funeral homes. The application lists “trade shops, self-storage, boat storage, package store and hotel.”
“Given the adjacent land uses, we believe a townhome neighborhood would be a better option,” Dunford said.
The project is located less than four miles from Belleville Elementary School, the Belleville Riverside Walkway Ramp Park, a fire station and a senior living facility.
“We have great community services,” Dunford said. “Let's get people to live close together so they can enjoy those things. That's what this project is about: putting townhouses in an area with amenities.”
At least one speaker at the meeting agreed with the developer.
“Maybe in a perfect world the land would stay vacant forever, and I know that's what a lot of people would want, but unfortunately that's not how the world works,” Nicholas Newell, president of the Mallory Creek Homeowners Association, said at the meeting. “If we know something's going to be built on it, we want at least what's built on it to be as desirable as possible.”
But three Leland residents raised concerns about safety, traffic and privacy.
Mallory Creek resident Kay Schmaltz is concerned about the proposed access road into the development as well as the neighboring Mallory Creek neighborhood, which she said poses a high risk of accidents.
Dunford said it's “something to discuss,” noting that the site plan shows the Chamber Street entrance as a private road. He suggested there could be plans to install a gate at the entrance in the future.
Staff also are concerned about the development's impact on traffic, fearing increased congestion on Route 133 during peak daytime hours.
Jamar Johnson, an engineering specialist with the Wilmington Metropolitan Planning Organization, explained at the meeting that the development would result in 887 new trips per day, including 58 peak trips in the morning and 70 in the evening, according to a traffic impact analysis. Johnson added that if the site were used for commercial purposes, the average daily trips would increase, but the peak-hour traffic would not be as high.
Mr Newell said traffic congestion was only “part of the discussion”. He told the PCD he had spoken out against development in the past but in this case was in favour of the housing plans.
“What I don't want to see is that site sitting vacant for the next 10 years and then eventually being populated enough to become commercially viable,” Newell said. “To me, that would be a bigger tragedy than just conceding and building townhouses.”
The four parcels of land have been vacant since they were originally purchased in 1997. Mallory Creek Land & Timber INC. acquired the first two parcels in 1997, followed by the third parcel in 2007 and the final parcel in 2009. The taxable value of the land is approximately $68,000.
The denial of the rezoning request by town officials comes amid a recent effort to amend the town's ordinance, which governs permitted uses in commercial districts.
In March of this year, town planning staff proposed a UDO amendment to the Town Council that would ban residential construction in commercial districts.
CATCHING UP: 'We can't afford to walk away': City of Leland postpones UDO amendment proposal after resident backlash
Currently, single-family residential development is permitted in commercial districts under certain conditions.
Leland's city planning manager, Ashli Barefoot, explained in a previous PCD article that when the city established its zoning district in 1990, it allowed the construction of residential and accessory buildings in commercial districts to prevent “illegal non-conforming uses.”
Homes that were already in these districts when they were formed are considered legal and non-conforming.
The reasoning behind the changes proposed by town staff is to optimize the use of the town's commercial district and thereby increase town revenue, a goal consistent with other amendments the town is pursuing.
The town is also seeking additional revenue in other ways, including a proposed 70% increase in property taxes, which would bring in $10.88 million in new revenue for the town.
The amendment will be presented to the Leland Town Council at its April 18 meeting.
Have a tip or question? Email us at info@localdailymedia.com.
Want more PCD news? Subscribe now to our newsletter, Wilmington Wire, and get the headlines delivered to your inbox every morning.