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HomeMy WebLinkAboutZ-958 Staff Summary BOC Z-958, (4/16) Page 1 of 9 CONDITIONAL USE ZONING DISTRICT APPLICATION CASE: Z-958, 4/16 PETITIONER: Stephen Brock with Brock Ventures Inc., applicant Lawrence Lawson Heirs, property owners REQUEST: Rezone from (CZD) B-1, Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District ACREAGE: 6.9 acres LOCATION: 4713 Carolina Beach Road PID: R07100-003-009-000 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, specifically issues regarding the connection to, and extension of Sikes Drive. 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 has 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, because it provides alternative modes of transportation by installing a multi- use path in accordance with the Comprehensive Greenway Plan, and because it provides interconnectivity to the surrounding properties. Further, the Planning Board voted 7-0 to recommend approval of the companion Special Use Permit with the following condition: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive shall be dedicated as a public right- of-way. 2. A 10’ multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. 3. Sikes Drive shall not be opened for access until a Certificate of Occupancy has been issued for the development. Z-958, (4/16) Page 2 of 9 EXISTING CONDITIONS: Existing Zoning and Land Uses The subject property includes approximately 6.9 acres located on Carolina Beach Road. Sikes Drive also connects directly into the property. When zoning was initially applied to this area in 1971, the subject property and the surrounding area were zoned R-15. On December 1, 2008, a rezoning petition (Z-891) was approved to rezone 4.5 acres of the 6.9 acre parcel to (CZD) B-1 for the purpose of developing general retail, restaurant, and office uses, etc. That rezoning was part of a larger development, Belle Meade, which also proposed to develop a movie theater. Since then, a portion of the proposed Belle Meade development has been annexed into the City of Wilmington. The remaining acreage remained zoned R-15. The property is in an area that transitions into the City of Wilmington. Properties to the north and south of the subject property have been annexed by the City of Wilmington in recent years. A multi-family development, Belle Meade Apartments, is currently being constructed on the adjoining property to the north. Properties within the unincorporated areas are zoned predominately residential. Existing Site Conditions The majority of the property is undeveloped and wooded; however there is a vacant single-family dwelling along Carolina Beach Road. The dwelling will be removed if this development is approved. Z-958, (4/16) Page 3 of 9 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. 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. Z-958, (4/16) Page 4 of 9 PETITIONER’S REQUEST: The petitioner is seeking to rezone the 6.9 acres currently zoned (CZD) B-1, Conditional Business District, and 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 11.5 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. Engineered plans that comply with the county’s ordinances must be submitted, reviewed, and approved by staff prior to issuance of any construction permits. Conceptual Site Plan Transportation The proposed development will generate 45 trips in the AM peak, and 54 trips in the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was 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 has commented that this development would require the existing right turn lane on Carolina Beach Road at the intersection with Matteo Drive to be extended by a minimum of 100’ of full width storage and appropriate taper. The driveway would also require a 50 foot internal protected stem. These improvements would be completed in accordance with NCDOT’s driveway permit process. Z-958, (4/16) Page 5 of 9 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 previous wetland delineation of the property found that there were no jurisdictional wetlands on the property. That delineation has since expired, therefore an updated delineation would be required prior to issuance of any construction permits. 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. 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 and General Residential 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. The General Residential Place Type provides opportunity for lower density housing and associated civic and commercial services. Housing is typically single-family or duplexes, with setbacks on all sides. Block sizes are large, at ¼ to ½ mile wide. Commercial uses should be limited to office and retail spaces in carefully located areas where neighborhood character will be enhanced, while recreation and school facilities are encouraged throughout. Access to areas outside these residential areas is provided by arterial roadways, but still allowing for interconnection between other Place Types. However, limiting cul-de-sacs is encouraged to promote better internal circulation and minimizing high-volume traffic roads within the area. Flooding hazard avoidance should be taken into consideration when abutting coastal areas. Z-958, (4/16) Page 6 of 9 In regards to multi-family residential development, the ideal density is 12-15 dwelling units per acre within the Community Mixed Use Place Type and 2-6 dwelling units per acre within the General Residential Place Type. While the proposed density of the project exceeds the ideal density of the General Residential Place Type, staff still feels the proposed development complies with the Comprehensive Plan. The property is accessed by an arterial street and adjoins another multi-family development. The rear portion of the property which adjoins existing detached single-family homes will also be dedicated as open space. Further, the Future Land Use Map is intended to be general a representation of the vision for the County. 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 March 7, 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 Z-958, (4/16) Page 7 of 9 Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 6.9 acres from (CZD) B-1, Conditional Business District, and 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 6.9 acres from (CZD) B-1, Conditional Business District, and 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.]. Staff Suggested Motion: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 6.9 acres from (CZD) B-1, Conditional Business District, and 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, and because it provides for alternative modes of transportation by installing a multi-use path in accordance with the Comprehensive Greenway Plan, and because it provides interconnectivity to the surrounding properties. SECOND ACTION NEEDED: 1. Motion approve of 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 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. Z-958, (4/16) Page 8 of 9 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, and Sikes Lane. D. The subject site does not host any known cultural or archaeological resources. 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 uses, including single- family and multi-family housing. C. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. Z-958, (4/16) Page 9 of 9 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. B. The proposed development will provide for alternative forms of transportation in compliance with the 2012 Comprehensive Greenway Plan and Policy 6.9 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 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 conditions be met: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive shall be dedicated as a public right-of- way. 2. A 10’ multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. 3. Sikes Drive shall not be opened for access until a Certificate of Occupancy has been issued for the development, or until Sikes Drive, from St. Andrews Drives to the subject property, has been accepted into the City of Wilmington’s maintenance system.