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HomeMy WebLinkAboutZ-957 Staff Summary BOC Z-957, (4/16) Page 1 of 10 CONDITIONAL USE ZONING DISTRICT APPLICATION CASE: Z-957, 4/16 PETITIONER: Cindee Wolf of Design Solutions, applicant Clarence K. & Peggy W. Henry and Michael F. & Aleta J. Moser, property owners REQUEST: Rezone from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District ACREAGE: 5.80 acres LOCATION: 5000 block of Carolina Beach Road PID: R07100-003-291-000 R07100-003-030-000 R07100-003-028-000 R07100-003-029-001 LAND CLASS: Urban PLANNING BOARD ACTION: This application was heard at the April 14, 2016 Planning Board meeting. At the meeting, the Planning Board discussed the site design of the proposed development. The Board voted 7-0 to recommend approval of the rezoning, finding that it is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is access from an arterial street and is in close proximity to public water and sewer services. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development. Further, the Planning Board voted 7-0 to recommend approval of the companion Special Use Permit with the following condition: 1. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50’ private access easement (including off-site uses) exceed 100 peak hour trips. EXISTING CONDITIONS: Existing Zoning and Land Uses The property proposed to be rezoned consists of land within four parcels totaling 5.8 acres. It is located just north of Monkey Junction (intersection of College Road and Carolina Beach Road) and was zoned R- 15 when zoning was initially applied to this area in 1971. The property adjoins land that has been annexed into the City of Wilmington. Z-957, (4/16) Page 2 of 10 The zoning in the vicinity consists of a mixture of commercial and residential districts. The commercial districts, including B-2, (CZD) B-2, and O&I, are located along Carolina Beach Road, and create a large commercial node around Monkey Junction. The commercial uses include a mixture of office, retail, and restaurant uses. Residential zoning is located north and east of the property, and include single-family and multi-family housing. The Lakes at Johnson Farms, a high density development, is located to the north. Willoughby Park, a multi-family development, is located adjoining the property to the east and is within the City of Wilmington. Other multi-family developments in the area include Myrtle Grove Village Apartments, Pleasant Grove Village Apartments, Madeline Place Townhomes, and Still Meadow Village Apartments. Existing Site Conditions The property proposed to be rezoned is currently undeveloped. Community Services Water and Sewer: The property is within the Urban Services boundary, and water and sewer services are located within the nearby vicinity. The development will connect to CFPUA water and sewer service. Z-957, (4/16) Page 3 of 10 Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County South Fire District. Schools: The property is located within the school districts for Bellamy Elementary, Codington Elementary, Myrtle Grove Middle, and Ashley High schools. School Total Capacity w/Mobiles +/- Capacity Bellamy 635 589 46 Codington 571 526 45 Myrtle Grove 764 674 90 Ashley 1903 1540 363 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 5.8 acres currently zoned R-15, Residential District, to (CUD)R-10, Conditional Use Residential District, in order to develop a high density development consisting of 80 dwelling units. STAFF POSITION: Zoning and Subdivision Ordinance Considerations High density developments are allowed within the R-10 zoning district with a Special Use Permit. The Zoning Ordinance allows for high density developments within the R-10 zoning district to have a maximum density of 17 units/acre. The proposal for 80 units on this property equates to a density of 13.7 units/acre. A site plan is included as part of the application and is shown below. The site plan was reviewed and approved with conditions by the Technical Review Committee. Additional plans that comply with the county’s ordinances must be submitted, reviewed, and approved by staff prior to issuance of any construction permits. Z-957, (4/16) Page 4 of 10 Conceptual Site Plan Transportation The proposed development will generate 41 trips in the AM peak, and 50 trips in the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to be completed. The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count at the 5000 block of Carolina Beach Road in 2015. The count yielded an Average Daily Traffic (ADT) of 29,430 trips. Carolina Beach Road has a design capacity of 29,300 daily trips, and therefore it is classified as having an “F” Level of Service (LOS) with a Volume to Capacity Ratio of 1.004. NCDOT is currently working on plans for a pedestrian safety project in the Monkey Junction area. Those plans include the installation of a sidewalk along Carolina Beach Road from the Burger King at Monkey Junction to Willoughby Park drive as illustrated in the graphic below. Also, the Wilmington/New Hanover County Comprehensive Greenway Plan also proposes that a greenway network be installed along this portion of Carolina Beach Road. Specifically, the plan suggests that a greenway be installed along the northeastern side of the road from Monkey Junction to St. Andrews Drive. Z-957, (4/16) Page 5 of 10 Proposed NCDOT Safety Project Environmental The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Department of Environmental Quality. A wetland delineation conducted by the applicant found a small pocket of wetlands on the northwestern side of the property. The wetlands will not be impacted by the proposed development. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. Z-957, (4/16) Page 6 of 10 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 promote 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 ground floor retail with officespace 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. In regards to multi-family residential development, the ideal density within the Community Mixed Use Place Type is 12-15 dwelling units per acre. Therefore, the proposed development is consistent with the current draft of the Comprehensive Plan. Z-957, (4/16) Page 7 of 10 REVIEW AND ACTION: This request is being facilitated by Section 55.2 – Conditional Use 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 Tuesday, February 23, 2016 in accordance with the requirements for such a request. Included in the packet is a summary of the meeting prepared by the applicant. Conditional Use Zoning Districts are considered through a two-part process. The first is a legislative action on the rezoning to the Conditional Use District, and the second is a quasi-judicial action on the companion Special Use Permit for the proposed use. If the rezoning is approved, then the next step is to consider the Special use Permit. If the rezoning is denied, then no action is needed on the Special Use Permit. Also, if the Board wishes to add conditions to the proposed development, then the conditions must be added to the Special Use Permit, and not to the zoning district. FIRST ACTION NEEDED:  Motion to approve the rezoning request  Motion to “table” the item in order to receive more information  Motion to deny the rezoning request Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 5.8 acres from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described is: 1. Consistent with the purposes and intent of 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 5.8 acres from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described is: 1. Not Consistent with the purposes and intent of 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.]. Z-957, (4/16) Page 8 of 10 Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 5.8 acres from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is access from an arterial street and is in close proximity to public water and sewer services. 2. Reasonable and in the public interest because it provides increased density in areas best suited for development. SECOND ACTION NEEDED: 1. Motion to approve the Special Use Permit (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. SPECIAL USE PERMIT: A Special Use Permit, in accordance with Section 71 of the Zoning Ordinance, shall be approved on a finding the applicant demonstrates the proposed use will meet the following: 1. The use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved; 2. The use will meet all required conditions and specifications of the Zoning Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Preliminary Staff Findings of Fact Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water and wastewater services must be provided and designed to comply with the Cape Fear Public Utilities Authority standards. B. The subject property is located in the New Hanover County South Fire Service District. C. Access to the site will be provided by Carolina Beach Road, an arterial street. D. The subject site does not host any known cultural or archaeological resources. Z-957, (4/16) Page 9 of 10 Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. High density developments are allowed by Special Use Permit in the R-10 zoning district. B. The use complies with the standards of Section 72-43 of the Zoning Ordinance. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed high density development is classified as Urban in the 2006 CAMA Land Use Plan. B. The surrounding land uses predominately include a mixture of residential and commercial uses, including other multi-family housing. C. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. Finding 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the area proposed for the high density development as Urban, and the proposal is not in conflict with the intent of the Urban land use classifications, and additionally, not in conflict with any other policy of the 2006 CAMA Land Use Plan. Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity with the plan of development for New Hanover County. SUMMARY Staff concludes that based on the information submitted with the application, the applicant has demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the information submitted, the applicant has demonstrated that the proposal is not in conflict with the management strategy for the Urban land use classification, and not in conflict with any other policies of the CAMA Land Use Plan. High density developments are appropriate Z-957, (4/16) Page 10 of 10 within the Urban land use classification, which allows for continued intensive development and redevelopment of existing urban areas. Staff suggests the following motion: Motion to approve, as the Board of Commissioners find that this request for a Special Use Permit complies with the four required findings of fact as detailed in the staff summary, and that the following condition be met: 1. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50’ private access easement (including off-site uses) exceed 100 peak hour trips.