Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Agenda Item # 2.
LAND DEVELOPMENT CODE
AMENDMENT
Request
Code Section(s) Add Sec. 18-332. Workforce Housing Mixed Use; amend Sec. 18-190,
O&I-1, Office and Institutional District, Sec. 18-194, CB, Community
Business District, Sec. 18-195, RB, Regional Business District, and Sec.
18-812. Definitions
Request To create workforce housing mixed use (WHMU) as a use permitted by
prescribed conditions in the O&I-1, CB, and RB districts and to add
definitions associated with the use.
Applicant City of Wilmington
Case Overview
The proposed amendment would create “workforce housing mixed use” (WHMU) as a use
permitted by prescribed conditions in the O&I-1, CB, and RB districts to encourage the provision
of workforce housing units by the private sector within mixed-income neighborhoods. This use
would be an optional use, available only to property owners who apply for this designation,
either as an opt-in by right development on land already zoned appropriately, or as a part of a
conditional rezoning request. A developer may opt to include workforce housing units within a
development or pay a fee in lieu of units in exchange for increased building height and lot
coverage, prioritized development plan review, and elimination of city development fees.
Analysis
1. History/Background
In 2016, the city of Wilmington and New Hanover County appointed a joint ad-hoc committee to
conduct a comprehensive review of workforce and affordable housing efforts, along with the
demand for and supply of such housing, recommend best practices, and help increase the stock
of such housing in the region. The committee, in 2017, made several recommendations,
including to make changes to the Land Development Code (LDC) that support the addition of
workforce housing units. During the development of Create Wilmington Comprehensive Plan,
citizens said that housing types and price points should be integrated within neighborhood areas
to ensure diverse school populations, that aging in place should be encouraged and facilitated,
that a variety of housing types and price points helps make Wilmington a more attractive place
to do business, and that there is a significant need for affordable housing.
191031 Draft
2
LDC-1-1019
The proposed amendment would support, facilitate, and encourage the provision of workforce
and affordable housing units by the private sector in a manner that strengthens neighborhoods,
provides stability for families, and improves opportunities for education and career development.
The proposed amendment would allow developers to provide onsite workforce housing units or
to allow a payment in lieu of units onsite. A payment in lieu of units would be made to a
dedicated housing fund, the funds from which would be used in support of the development of
affordable housing in the city of Wilmington.
Staff researched 19 cities to benchmark workforce housing zoning incentive practices. The full
chart is attached to this report as Attachment 1. The table below highlights several North
Carolina cities. This research shows that most cities with these types of zoning regulations allow
other options in lieu of providing units within a development, most commonly cash, land, or
offsite units, and several offer incentives such as density or height increases for such projects.
The benchmarking shows two North Carolina cities require workforce units to be below market
rate in perpetuity, two require a 99-year period of affordability, one requires a 25-year period of
affordability, and two require a 15-year period of affordability. The proposed code change would
require a 20-year period of affordability for units provided within a development.
191219 Draft
3
LDC-1-1019
Winston- Opt-in development 40% workforce Land in lieu of units – 25% Density bonus
Salem type for residential housing units density bonus for single-
developments family development with
15-year period of donation of land within
affordability same census tract to
housing authority
Carrboro Opt-in development 15% of all units Payment in lieu equal to the Density increase of
type provision of one workforce 2 units for every
99-year period of unit workforce housing
affordability unit, up to 150% of
Number of units x 0.15 = base density
payment per unit
Dare Opt-in development 30% of all units for None No parking
County type for mixed-use projects with 10 or required for
or duplex/triplex more units residential units in
developments; mixed-use building
requires conditional 25-year period of Density bonus of
use permit affordability between 3 and 10
units per acre,
depending on
zoning district
Kill Devil Opt-in multifamily At least one None Waiver of plan
Hills development type; workforce housing review fees
requires conditional unit; no more than
use permit 75% workforce Density bonus
housing between 0.8 and
1.2 market rate
No prescribed unit per workforce
period of housing unit
affordability provided,
depending on the
AMI rent/sales
price range
2. Proposed amendment
Following is the proposed amendment to the Land Development Code. Additions are underlined
and deletions are in strikethrough.
***
(c) Uses permitted under prescribed conditions. The following uses are permitted provided that
they meet all requirements of this section, Article 6, and all other applicable requirements
established in these regulations.
***
***
191219 Draft
4
LDC-1-1019
***
(c) Uses permitted under prescribed conditions. The following uses are permitted provided that
they meet all requirements of this section, Article 6, and all other applicable requirements
established in these regulations.
***
***
***
(c) Uses permitted under prescribed conditions. The following uses are permitted provided that
they meet all requirements of this section, Article 6, and all other applicable requirements
established in these regulations.
***
***
Purpose: Urban areas have traditionally included mixed-use developments that provide housing
for persons of all income levels, along with complementary nonresidential uses. In Wilmington,
these mixed-use developments have contributed to economic success, unique built
environment, job creation, and diversity. Mixed-use centers bring together medium- to high-
density residential and nonresidential uses within a walkable, bicycle-friendly, and/or transit-
accessible development framework. Uses can be mixed vertically (within buildings) and
horizontally (among buildings). The diversity of uses and activities in mixed-use centers make
them vibrant destinations. A mixed-use center should provide a full-service environment and
diverse uses, including housing at a variety of price points, offices, retail, service, entertainment,
civic, and open space, for residents, employees, and visitors.
Accommodating growth within the city in mixed-use neighborhoods with a variety of housing
types and price points helps build inclusive, diverse, and strong communities. Mixed-use
developments that include housing of varying types and price points within a single
development help ensure that schools have a diverse population, help ease the strain caused
by lack of housing attainable by a significant portion of the workforce, facilitate aging in place,
encourage access to convenient public transportation, and help make Wilmington a more
attractive place to do business.
191219 Draft
5
LDC-1-1019
Developing mixed-income communities helps provide stability for families, improve opportunities
for education and career development, and reduces the risk of homelessness for families that
depend on low-wage jobs or are on fixed incomes. Housing for a broad socioeconomic
spectrum improves Wilmington’s community viability and economic growth.
It is in the interest of the city to establish an incentive-driven, opt-in use to encourage continued
development of mixed-use projects. This district is intended to provide incentives to promote a
mix of housing price points within a single development, along with compatible nonresidential
uses, in a manner that enhances the built environment and pedestrian realm, facilitates efficient
public transit systems, and minimizes impacts on the natural environment by maximizing site
design efficiencies.
The WHMU is incentive based and available only to property owners who apply for this
designation, either as an opt-in by right development on land already zoned appropriately, or as
a part of a conditional rezoning request.
a) The WHMU development option may be applied to property zoned O&I-1, CB, and RB.
b) The permitted land uses within a WHMU development are those listed within the base
zoning district, plus multifamily residential uses.
191219 Draft
6
LDC-1-1019
courtyards, plazas, and other similar areas. Unimproved natural areas and
customary side yards between buildings shall not be counted as common open
spaces.
5) Single-story development and unconnected outparcels are prohibited.
6) A conceptual elevation illustrating proposed design, including fenestration,
building height, and location of residential and nonresidential uses shall be
provided.
d) For developments providing workforce housing units onsite or a fee in lieu of units, the
following incentives are applicable:
1) All applicable city development review fees may be waived.
2) The project shall be eligible for priority development review. Priority review shall
mean that eligible plans will be reviewed for technical compliance by all
applicable city departments (e.g. planning, engineering, fire) ahead of plans
already in queue for review. This shall not apply to agencies and departments
outside of the city of Wilmington.
3) Building height permitted in the zoning district may be increased by up to 12
feet.
4) Lot (building) coverage may be increased in accordance with the following
table:
Normal With
Standard Incentive
O&I-1, buildings up to 45 ft in height 40% 45%
O&I-1, buildings up to 75 ft in height 35% 40%
CB 30% 35%
RB 40% 45%
e) For residential parking calculations, parking shall be provided at the rate of one space
per residential unit. Shared parking between residential and commercial uses is
permitted.
f) Sidewalks shall connect all buildings, surface parking areas, community facilities/open
space, bicycle parking, and any adjacent commercial uses.
g) Residential uses shall not cause increased setbacks or buffers on any adjacent parcels.
h) Fee in lieu of units on site: In lieu of providing workforce housing units onsite, a
developer may choose to contribute a fee to the city’s dedicated housing fund.
Given the example of a mixed use development with 250 residential units (therefore 25
workforce units required), the fee in lieu shall be calculated as follows:
1) The fee shall be a sum equal to the percentage of the project dedicated to
residential use in terms of gross building square footage multiplied by 10% of the
fair market value of the land at the time of the issuance of the first certificate of
occupancy.
191219 Draft
7
LDC-1-1019
In this example, the developer may choose to pay $475,000 instead of providing
the 25 required work force units on-site.
2) The fee shall be paid in full prior to the issuance of the first certificate of
occupancy for any part of the project.
Commentary: Note that, using this formula, a project that has more commercial area as a
percentage of the total square footage in the development will result in a lower fee in lieu.
Thus, there is a built-in incentive to provide for a more balanced mixed use development.
i) Housing development standards. Workforce housing units shall be fully integrated into
a development and shall be architecturally indistinguishable from market-rate units.
1) Exterior finishes of workforce housing units shall be of the same type and quality
as the market-rate units.
2) Workforce housing units shall be sized, in terms of square footage and number of
bedrooms, in a manner comparable and proportional to the square footage and
number of bedrooms of the market rate units. Number of bedrooms and
bathrooms per workforce housing unit shall be provided at the same proportion
of bedrooms and bathrooms per unit as the market rate units. If only a single
workforce housing unit is provided, it shall have the same number of bedrooms
as the most frequently occurring number of bedrooms and bathrooms of the
market rate units.
3) The smallest workforce housing unit by bedroom count shall not be smaller than
the smallest market-rate unit with the same number of bedrooms.
4) Workforce housing units shall be intermixed within the development and not
clustered together or segregated from the market-rate units.
6) No more than 10% of the total number of units within any individual building shall
be workforce units.
191219 Draft
8
LDC-1-1019
7) The developer shall provide information identifying the total number of one-
bedroom units, two-bedroom units, etc., and the respective square footages of
the same, and the initial total number of one-bedroom workforce housing units,
two-bedroom workforce housing units, etc., and the respective square footages
of the same, as well as their initial location. Prior to the issuance of the first
certificate of occupancy for any portion of the development, the developer shall
identify, in writing, to the City of Wilmington Community Development Division, or
its successor, the units designated as either owner-occupied/for-sale workforce
housing units and/or rental workforce housing units. Also prior to the issuance of
the first certificate of occupancy, the developer shall execute covenants
satisfactory to the City Attorney that restrict the development to the prescribed
number of workforce housing units and restrict that number of units for
occupancy by qualified households for a period of no less than 20 years, and
submit a copy of the recorded covenants to the City of Wilmington Community
Development Division, or its successor. The assignment of workforce housing
units, however, shall be “floating,” such that should an occupant’s income grow to
exceed the established limits for workforce housing, the occupant(s) may remain
in the unit at market rate and a different unit may be designated as a
replacement workforce housing unit.
191219 Draft
9
LDC-1-1019
10) Covenants shall provide that the City of Wilmington, or its assignee, has rights to
enforcement by any legal and/or equitable means, and in all events be subject to
approval by the City Attorney.
12) The upkeep of rental workforce housing units shall be of the same quality as the
upkeep of market-rate rental units within the development.
4) Initial maximum allowable sales price: An amount equal to three times 120%
of the AMI, adjusted for family size.
6) Household income: Income as defined ans used by the U.S.Census long form.
*Commentary: Below is a chart showing the HOME Program Rents for Wilmington for 2019.
US Dept HUD 2019 HOME PROGRAM RENTS
Wilmington, NC HUD Efficiency 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR
Metro FMR Area
Low HOME Rent Limit 637 683 820 946 1056 1165 1274
High HOME Rent Limit 715 790 1003 1196 1315 1432 1550
Fair Market Rent 715 790 1003 1404 1704 1960 2215
191219 Draft
10
LDC-1-1019
Elements of support from the City of Wilmington Strategic Plan include the focus areas of:
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; and
Engage in Civic Partnerships: The city will build and improve partnerships, collaborations and
relationships with all stakeholders, including our citizens and public and private organizations.
CONCLUSION / RECOMMENDATION
The availability of workforce housing is critical to the quality of life, economic development, and
accommodation of anticipated growth in Wilmington. This mixed-use option places both market
rate and work force residences within convenient proximity to jobs, services and, presumably,
public transportation. This type of housing can increase the mix of housing price points in new
developments, facilitating greater housing diversity across the city.
191219 Draft
11
LDC-1-1019
The proposed change is consistent with the recommendations of the city’s Strategic Plan and
the Create Wilmington Comprehensive Plan. Staff recommends approval of the request.
NEIGHBORHOOD CONTACT
Planning Commission City Council
Advertisement Date(s) 01/04/20
Other – Contact(s)
ACTIONS TO DATE
ATTACHMENTS
Benchmarking report
191219 Draft
LDC‐1‐1019 Attachment 1 ‐ Benchmark Research 7/20/19
1
LDC‐1‐1019 Attachment 1 ‐ Benchmark Research 7/20/19
2
LDC‐1‐1019 Attachment 1 ‐ Benchmark Research 7/20/19
a minimum of 40% BMR units census tract and be able to accommodate the total number
reserved for 60% AMI or 20% of bonus units
BMR set aside for 50% AMI
Density bonus of 25% for SF
with a 25% BMR set aside
15‐year period of affordability
Carboro Optional density bonus 15% set aside PIL – equivalent to the provision of one BMR unit
15‐182.4 only Density increase of 2 units for Number of units/lots x 0.15 = payment per unit
every one BMR unit, up to 150%
of the base density
Affordability period of 99 years
Dare County, NC Optional density bonus Mixed‐use – 50% of ground‐ None
Tit XV, ch 155, but requires CUP floor area must be commercial
App A Sec. 22‐ No parking required for
58.3 residential uses
Duplex, tri, quad, MF – density
bonus between 2 and 6 units
per acre, depending on base
district
25‐year period of affordability
Kill Devil Hills Density bonus only – For MF, 1.2 additional units per None
Title XV, 153.207 conditional use BMR (30%‐80% AMI) unit
1 additional unit per BMR (30%
‐ 100% AMI)
0.8 additional unit per BMR (30
– 125% AMI)
Waiver of site plan, building
permit, water service,
subdivision fees
3
LDC‐1‐1019 Attachment 1 ‐ Benchmark Research 7/20/19
At least 25% of the units must
be market rate housing
No prescribed period of
affordability
Boulder, CO Required of any 25% permanent set aside – for Alternate means of compliance for developments with 1‐4
Chapter 9‐13 development with 5 or sale, half must be onsite; rental, units
more dwelling units no minimum onsite
Development of a single lot/single unit must either
Development with up to 4 Developments with a single unit designate the unit as affordable or make a PIL at the time of
units, 20% permanent set on a single lot must also comply development or upon conveyance of the property to
aside another owner or after 10 years, whichever is sooner
Rebuilt dwelling units – PIL amount calculated by city manager annually based on
up to 4 units – applicant the number of units in the development, the size and type
may request exemption of units which created the obligation (including small
5 or more units – no attached units and townhomes), the amount that would
exemption incentivize on‐site construction of affordable units, and the
affordability gap between market and affordable home
prices
Annual escalator ‐ developments with 5 or more units: city
manager may increase PIL annually each year up to a max
of 10%, compounded each year until 75% of the
affordability gap in a given year is reached; developments
with up to 4 units: city manager may increase PIL annually
by up to 10% compounded each year until 50% of the
affordability gap in any given year is reached
Provision of units offsite permitted, so long as they are
within the city limits
Existing units – restricting existing units permitted if units
are within city limits
4
LDC‐1‐1019 Attachment 1 ‐ Benchmark Research 7/20/19
Land in lieu – location and site approved by CM; must be
suitable for the number of units required; if land value falls
short of the full amount of PIL required, cash PIL required
to off‐set difference; land plus cash PIL allowed if land is no
less than 75% of the cash amount for providing less than ½
the number of units required within the causal
development
Alternative methods of compliance: applicant must
demonstrate alternative would result in additional BMR
units that are equivalent or greater than the PIL
contribution that is contributed if fewer than half the units
are provided onsite; is necessary to prevent an unlawful
taking
Burlington, VT Any development of 5 or BMR units up to 139% AMI – In a mixed‐use development, 1 market rate unit may be
more dwelling units in a 15% set aside substituted for 1500 SF of residential space
single structure (new
construction or rehab) – BMR units 140% ‐ 179% AMI – Provision of units offsite – allowed at 1.5 times the number
10 or more units if 20% set aside of BMR units otherwise required; must be within city limits
adaptive reuse or
conversion Any development in a PIL ‐ $100,000, adjusted annually (from 2007) in accordance
waterfront district or 180% AMI with the CPI, per unit
Exemptions – new units and above in any other district –
developed by school; 25%
replacement units; certain
senior housing Density bonus between 15%
and 25% percent, depending on
zoning district
Lot coverage increase between
15% and 25% depending on
district
Waiver of 50% of required
parking
5
LDC‐1‐1019 Attachment 1 ‐ Benchmark Research 7/20/19
6
LDC‐1‐1019 Attachment 1 ‐ Benchmark Research 7/20/19
Tier 2 areas: 22% plus 0.16% for
each 0.1% increase in set aside
above 15%, up to 20%
Tier 3 areas: 30% plus 0.1% for
each 0.1% increase in set aside
above 20%
Napa, CA Any residential or Impact fee Fees by land use category
nonresidential Adopted a requirement for
development units within new development Construction of units either onsite or offsite in lieu of impact
in 1999; amended to impact fee fee
in 2012
Existing units – restricted in lieu of impact fee
Sacramento, CA Citywide housing impact Fee by housing type – between Mixed‐income housing strategy (for developments greater
fee on all new residential $1.20 and $2.77 per SF than 100 acres) – fee credits for land dedication,
units construction of BMR units, or other mechanisms
If development is up to 100
acres, fee on all new market No more than 50% of the units within a project may be BMR
rate units units/within 400 feet of another multi‐unit project with
more than 50% BMR units
More than 100 acres, fee on all
new market rate units and Max number of BMR units within any multi‐unit project is
approval of mixed‐income 150
housing strategy that
demonstrates how a variety of Exemptions: mobile home parks, developments with at least
housing price points are 10% BMR units, new single‐unit, accessory dwelling units,
included developments subject to development agreements
San Diego, CA All residential Impact fee ranging from $1.08 Units in lieu of fee – 10% of set aside
development of 2 or more to $5.41 per square foot
units (with exceptions for
developments providing
BMR units onsite)
Santa Fe, NM Any development with 2 20% (with a 5/10/5% ratio of Goal is to develop mixed‐income neighborhoods, but
more more dwelling units AMI ranges) alternative compliance may be approved if it determined
that a proposed alternative would better serve the purposes
7
LDC‐1‐1019 Attachment 1 ‐ Benchmark Research 7/20/19
8