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HomeMy WebLinkAboutZ-947 Staff Summary BOC 1.4.16Z-947, (12/15) Page 1 of 8 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-947, 12/15 PETITIONER: Cindee Wolf of Design Solutions on behalf of the property owner, Rachel Trask Gonsalves Heirs. REQUEST: Rezone from R-20, Residential District, to (CZD) R-10, Conditional Residential District ACREAGE: 46.56 acres LOCATION: 3013 & 3079 Block of Blue Clay Road PID: R03312-003-035-000 R03300-003-001-000 LAND CLASS: Aquifer Resource Protection PLANNING BOARD ACTION: At their December 3, 2015 meeting, the Planning Board voted 6-0 to recommend approval of the rezoning with conditions, finding that the application is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan. 2. Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities. Conditions: 1. Streetyard plantings for the non-residential use in a residential district will be installed along the Holland Drive Frontage. 2. A 20 foot easement shall be dedicated to New Hanover County along Blue Clay Road for the purpose of installing a future multi-use path in accordance with the 2008 Blue Clay Corridor Study. 3. Additional access must be provided to the active recreation area located in the center of the proposed subdivision by relocating lot 121 to another portion of the subdivision, and by adding a pedestrian access to the recreation area from the north. At the meeting, the Planning Board expressed concerns with the limited access to the recreation area located in the center of the proposed development. Because of this, a condition (#3 above) was added with the applicant’s agreement that would increase access to the area. The proposed site plan has been updated to comply with the added condition, therefore it is not included in staff’s recommendation. If the site plan is modified in a way that would substantially reduce the amount of access to the recreation area, staff would considered it a major modification to the district, which would require approval by the Board of Commissioners. Z-947, (12/15) Page 2 of 8 EXISTING CONDITIONS: Existing Zoning and Land Uses The subject property includes two parcels of land totaling 46.56 acres located at the 3000 block of Blue Clay Road, approximately one quarter mile north of the intersection with Kerr Avenue. The property was originally zoned R-20 when zoning was initially applied to this area in 1974. The zoning in the vicinity consists of mostly residential and industrial districts. The residential districts, including R-10, R-15, and R-20 can be found to the west and north of the property. Adjacent to the property to the north is a large tract of R-10 zoning, approximately 260 acres in area, which contains the Ivy Woods and Runnymeade subdivisions. The industrial districts, including I-2 and AI, are located to the east and south of the property, and contain the North Kerr Industrial Park and Wilmington International Airport. Existing Site Conditions The property proposed to be rezoned consists of two undeveloped parcels of land. Community Services Water and Sewer: The property is within the Urban Services boundary, and water and sewer infrastructure is located within the nearby vicinity. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County North Fire District. Schools: The property is located within the school districts for Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High schools. Z-947, (12/15) Page 3 of 8 Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER’S REQUEST: The petitioner is seeking to rezone the 46.56 acres currently zoned R-20, Residential District, to (CZD) R- 10, Conditional Residential District, in order to develop a 154 lot performance residential subdivision. STAFF POSITION: Zoning and Subdivision Ordinance Considerations The R-10 district is established as a district in which the principal use of land is for residential purposes with access to either public water or public sewer. Under the performance residential standards, developments within the R-10 district are allowed up to 3.3 units per acre. A conceptual site plan is included as part of the application and is shown below. The applicant is proposing to develop a 154 lot performance residential subdivision with the following conditions: 1. Streetyard plantings for the non-residential use in a residential district will be installed along the Holland Drive Frontage. 2. A 20 foot non-vehicular & pedestrian access easement will be dedicated to New Hanover County along Blue Clay Road for a future multi-use path proposed in the County’s long-range plans. 3. Additional access must be provided to the active recreation area located in the center of the proposed subdivision by relocating lot 121 to another portion of the subdivision, and by adding a pedestrian access to the recreation area from the north. If this rezoning application is approved, the proposed development must then go through the County’s subdivision review process. The process includes submittal of a Preliminary Plat application which is reviewed by the Technical Review Committee for compliance with applicable local and state regulations. Z-947, (12/15) Page 4 of 8 Conceptual Site Plan Traffic The proposed development will generate 117 trips in the AM peak, and 155 trips in the PM peak. Therefore, a Traffic Impact Analysis (TIA) has been completed in accordance with the county’s regulations. The TIA examined three intersections in the area: Blue Clay Road at North Kerr Avenue, Blue Clay Road at Site Access 1, and Holland Drive at Site Access 2. It found that those intersections will operate at a Level of Service of B or better during the peak hours when the development is expected to be completed in 2018. The TIA recommended that a northbound left turn lane be installed at Blue Clay Road and Site Access 1 to accommodate the vehicles entering the development. The turn lane would consist of 100 feet of storage and appropriate taper. The TIA was approved by NCDOT and the WMPO with the stated recommendation. Z-947, (12/15) Page 5 of 8 Intersections examined with Blue Clay Road and Holland Drive The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count in 2014 on Blue Clay Road, between Kerr Avenue and Old Mill Road. The count yielded an Average Daily Traffic (ADT) of 5,576 trips. Blue Clay Road has a design capacity of 15,600 daily trips, and therefore it is classified as having an “A” Level of Service (LOS) with a Volume of Capacity Ratio of 0.36. Environmental The subject property is classified as Aquifer Resource Protection, which is where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. Development strategies for land within this classification are detailed below in the Land Use Plan Considerations. The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas. For septic suitability, the property contains Class II and Class III soils. Class II soils have moderate limitations, which require moderate modification and maintenance, and Class III soils have severe limitations, which requires extensive modification and intensive maintenance. However, this project will be required to install public water and sewer service in accordance with the standards of the CFPUA and the County’s subdivision ordinance. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Aquifer Resource Protection, a subclass of the Resource Protection classification. The purpose of the Resource Protection classification is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Z-947, (12/15) Page 6 of 8 The Aquifer Resource Protection subclass occurs in the Northwest part of the County, north of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The Plan suggests that areas within the Aquifer Resource Protection subclass are developed with larger lots if septic systems are used to prevent cross contamination of wells, or have water and sewer services extended to curtail septic system use. Density in developments that utilize septic systems should be limited to 2.5 dwelling units per acre, while urban densities are appropriate for developments connected to sewer service. Uses of land that pose risk of spill of hazardous materials should also be prevented in the Aquifer Resource Protection areas. Water and sewer services have been extended to the area, and the services would be required to be extended though the proposed development. Further, due to the area needed to accommodate septic systems and repair areas, it is not common for lots within the R-10 district to use that form of wastewater disposal. Instead, development within the R-10 district typically connects to a centralized sewer system in order to achieve the density allowed in the district. Therefore, the goals of the Aquifer Resource Protection area would be achieved with the proposed development. Draft Comprehensive Plan The County is currently going through a process to create a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the property as Community Mixed Use on the Future Land Use Map. The Community Mixed Use Place Type focuses on small-scale, compact, mixed use development patterns that serve multimodal travel and act as an attractor for county residents and visitors. These areas share several qualities with higher-intensity mixed use place types, including a combination of retail with office and housing above, wider sidewalks, and an emphasis on streetscaping. However, these centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and public gathering places, are particularly encouraged here. Ideally, large-scale, lower density commercial and industrial developments are prohibited. Z-947, (12/15) Page 7 of 8 In regards to single-family residential development, the draft Comprehensive Plan suggest that the ideal density within the Community Mixed Use Place Type is +/- 8 dwelling units per acre. This ideal density reflects the average density needed to support the small-scale, compact, mixed use development patterns that the Place Type promotes. In this application, the maximum density of 3.3 units per acres allowed in the R-10 zoning increases the maximum density of 1.9 units per acre currently allowed in the R-20 zoning district, aligning with the development strategies of the Community Mixed Use Place Type. REVIEW AND ACTION: This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on October 28, 2015 in accordance with the requirements for such an application. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends the approval of the application with the one condition as requested. Staff concludes that the application is consistent with the requirements of the Zoning and Subdivision Ordinances and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Consistent with Policy 3.28 of the Land Use Plan, this application should preserve the Castle Hayne and Pee Dee aquifers in their present unpolluted state as the primary groundwater resources for the County because the development of the properties will require the extension of water and sewer to serve the area. The policy further states that densities in the Aquifer Resource Protection classification should be limited to 2.5 units per acre unless sewer service is provided. Action Needed  Motion to approve of the petitioner’s application  Motion to “table” the application in order to receive more information  Motion to deny of the petitioner’s application based on specific reasons Z-947, (12/15) Page 8 of 8 Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 46.56 acres from R-20, Residential District, to (CZD) R-10, Conditional Residential District as described is: 1. Consistent with the purposes and intent of the “Aquifer Resource Protection” land use classifications in the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Example Motion for Denial: Motion to deny, as the Board of Commissioners find that this application for a zoning map amendment of 46.56 acres from R-20, Residential District, to (CZD) R-10, Conditional Residential District as described is: 1. Not Consistent with the purposes and intent of the “Aquifer Resource Protection” land use classification in the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Staff Suggested Motion: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 46.56 acres from R-20, Residential District, to (CZD) R-10, Conditional Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan. 2. Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities. Conditions: 1. Streetyard plantings for the non-residential use in a residential district will be installed along the Holland Drive Frontage. 2. A 20 foot non-vehicular & pedestrian access easement will be dedicated to New Hanover County along Blue Clay Road for a future multi-use path proposed in the County’s long-range plans.