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HomeMy WebLinkAboutZ-959 Staff Summary PBZ-959, (7/16) Page 1 of 11 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-959, 7/16 PETITIONER: Allison Engebretson of Paramounte Engineering, applicant Raleigh Wilmington Investors, LLC, property owner Greenstick Acquisitions, LLC, property owner Henna S Duncan (formally Hyon Duncan), property owner REQUEST: Rezone from R-20S, Residential District, to (CZD) R-20, Conditional Residential District ACREAGE: 17.42 acres LOCATION: 2400 block of Middle Sound Loop Road PIDs: R05200-001-007-000 R05200-001-017-000 R05200-001-006-000 R05200-001-005-000 2006 CAMA LAND CLASS: Watershed Resource Protection 2016 COMP PLAN PLACE TYPE: General Residential EXISTING CONDITIONS: Existing Zoning and Land Uses The property proposed to be rezoned consists of four parcels of land totaling 17.42 acres. It is located at the 2400 block of Middle Sound Loop Road and was zoned R-20 when zoning was initially applied to this area in 1970. In 1988, the property was included in a rezoning application (Z-335) which rezoned 850+ acres of land located along the eastern portion of Middle Sound to R-20S. The 1988 application was initiated and requested by a Middle Sound community group called “Middle Sound Lookout”, and was in response to the adoption of a small area plan for the community, “Middle Sound/Ogden … Future Directions”, a year prior. The basis for the rezoning application was one of four potential zoning options recommended by the small area plan for the community. The plan stated the main concerns of the community regarding residential development were density and rate of development, loss of rural atmosphere, and too many mobile home/multi-family developments. In addition, the community was concerned that increased development would lead to more congestion on the roadway network, which at the time, the area had only one connection to Market Street. The plan stated that the advantage of rezoning all undeveloped land in Middle Sound to R-20S is that it would ensure that only single-family housing would be developed. However, it also stated that the R-20S district would present many disadvantages to the area, including limiting variety and supply of affordable housing, creating a checkerboard pattern of development, and negatively impacting the environment by discouraging the preservation of open space and natural amenities. Z-959, (7/16) Page 2 of 11 It should also be noted that the conditions of the Middle Sound community have changed significantly since the 1980s, including conversion of undeveloped lands to developed, transition from rural to suburban atmosphere, water/sewer availability and a significant increase in the road network and interconnectivity supporting the community. Since the 1988 rezoning application, there have been five rezoning applications approved in the community that allowed for increased density. The zoning and land uses in the area are entirely residential. The subject property is surrounded by R-20S zoning. To the north, there is land zoned R-20 and R-15. Subdivisions in the area include Anchors Bend, Stoney Brook, Ocean View, Glenarbor, and Middle Point. Existing Site Conditions The property proposed to be rezoned consists of four parcels of land totaling 17.42 acres. Currently one of the four parcels contains a single-family dwelling. The dwelling will be removed when the property is developed for the proposed subdivision. Z-959, (7/16) Page 3 of 11 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 North Fire District. Schools: The property is located within the school districts for Castle Hayne Elementary, Ogden Elementary, Eaton Elementary, Noble Middle, and Laney High schools. Currently, new students from the proposed development will attend Castle Hayne Elementary. 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 17.42 acres currently zoned R-20S, Residential District, to (CZD) R- 20, Conditional Residential District, in order to develop a 32 lot performance residential subdivision. STAFF POSITION: Zoning and Subdivision Ordinance Considerations The purpose of the R-20 district is to provide land for low density residential and recreational purposes. The regulations of this district are intended to discourage any use which because of its character would substantially interfere with the development of residences and which would be detrimental to the quiet residential nature of the areas included within this district. Under the performance residential standards, developments within the R-20 district are allowed up to 1.9 units per acre. A conceptual site plan is included as part of the application and is shown below. If this application is approved, the property must be developed in accordance with the site plan. The applicant is proposing to develop a 32 lot performance residential development with the following conditions: 1. Duplex, multi-family, and mobile home housing shall be prohibited. 2. Impervious coverage shall not exceed 30% of the site. 3. In addition to meeting county and state stormwater requirements, the development shall incorporate Low Impact Development (LID) techniques as described in the City of Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County’s Technical Review Committee (TRC). 4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum extent practicable, and only be removed in order to install necessary infrastructure needed to comply with applicable county and state regulations. Z-959, (7/16) Page 4 of 11 5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for the purpose of installing a future pedestrian or bike facility. Further, 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 (TRC) for compliance with applicable local and state regulations. Conceptual Site Plan Transportation The proposed development will generate 32 trips in the AM peak, and 38 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 North Carolina Department of Transportation conducted traffic counts on Middle Sound Loop Road in 2013. The counts were taken near the existing roundabout and they found an Annual Average Daily Traffic (AADT) of 5,200-5,800 trips. Middle Sound Road has a capacity of 9,600 daily trips, which by using the volume to capacity ratio, would equate to a “C” Level of Service (LOS). LOS ranging from A to D are considered to be acceptable. Currently, there are no NCDOT projects planned for Middle Sound Loop Road, however there are several projects planned along the adjacent portion of Market Street: Z-959, (7/16) Page 5 of 11  Project U-4902 will install access management improvements on Market Street from Lendire Road to Marsh Oaks Drive. The improvements include the installation of a center median, sidewalk, and multi-use path. Right-of-way acquisition for the project is expected to begin in 2018 with construction schedule to occur in 2020-21.  Construction for the Military Cutoff extension project (U-4751) is expected to begin in 2018. This project will extend Military Cutoff to I-140, allowing motorist to bypass traveling on Market Street in the Porters Neck/Odgen area.  Improvements are planned for the Lendire Road/Market Street/Middle Sound Loop Road intersection in conjunction with a grocery store development approved by the City of Wilmington at the corner of Middle Sound Loop Road and Market Street. These improvements include the realignment of Lendire Road (so that it intersect Market Street directly across from Middle Sound Loop Road), and the addition of an eastbound right-only turn lane along Middle Sound Loop Road. Further, the Traffic Impact Analysis completed for the grocery store development stated that the intersection of Middle Sound Loop Road and Market Street will operate at a Level of Service (LOS) of D to E when the development is expected to be completed in 2016. While this TIA did not specifically include the trips that will be generated from proposed subdivision, it did include a growth rate in the background traffic of one percent. The NHC/Wilmington Comprehensive Greenway Plan proposes that a greenway network be installed along Middle Sound Loop Road. A condition is being proposed to be placed on the district that will require a 20 foot access easement be dedicated to the county for the purposes of installing a future multi-use path. Below is proposed greenway network as illustrated in the Greenway Plan. NHC/Wilmington Greenway Plan Z-959, (7/16) Page 6 of 11 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. The applicant has examined the site and identified the location of potentially regulated wetlands, which are illustrated on the plan. Most of the wetlands will be preserved in open space, however there is a portion that will require mitigation in order for the site to obtain access to Middle Sound Loop Road. Additional verification of the location of the regulated wetlands and required permitting must be obtained from the Army Corps of Engineers during the subdivision review process. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Watershed Resource Protection. This classification occurs along the tidal creeks and is defined as the area within one-half mile of the 100-year flood plain for these creeks. The purpose of the classification is to protect the creeks from pollutant landed stormwater runoff from impervious surfaces within the watershed. Development strategies for this classification include minimizing new impervious surfaces, retrofitting protection measures to improve water quality of runoff from existing impervious surfaces, and promoting low impact best management practices. Beginning in 2008, The City of Wilmington and New Hanover County worked together to create a joint Low Impact Development (LID) guidance manual to provide technical guidance on the application of LID principles, planning, and practices. Policy 3.12 of the Land Use Plan further states: Carefully control development and redevelopment activities within the Watershed Resource Protection and Conservation areas identified on the Land Classification Map to prevent the degradation of water quality in the creeks and sounds, to protect the public health, and to ensure the protection of these vital natural resources by reducing nutrient, pesticide, sediment, and other pollutants. The following standards shall apply a. Impervious surface coverage shall be limited to twenty-five percent (25%) in the Watershed Resource Protection and Conservation areas. b. Projects that conform to adopted exceptional design standards for enhanced stormwater controls may exceed 25% in the Watershed Resource Protection areas. c. Natural vegetative buffers shall be established to effectively filter runoff before it enters surface waters. The proposed development will limit its impervious coverage to 28.3% of the property. The development will also include the following design elements in order to comply with the intent of the Watershed Resource Protection classification: 1. Provide deed restrictions for each specific lot; 2. Pervious pavement within certain areas; 3. Localized swales and bio-retention areas; 4. Create multifunctional and multipurpose landscapes; 5. Utilize natural vegetation and infiltration swales to filtrate pollutants; and 6. Reduce the use of turf and add native and/or natural cover materials. Z-959, (7/16) Page 7 of 11 The proposed subdivision will be developed under the performance residential standards, which promotes the dedication of additional open space areas. Specifically, of the 17.43 acre property, 7.94 acres (45%) will be dedicated as open space. Open space areas may be utilized for stromwater control, recreation, or preservation of areas of environmental concern or wildlife habitat. The majority of the wetlands identified on the property have been located within open space areas. The increased open space and wetland preservation complies with Policies 2.1, 2.3, 3.7, and 3.14 of the Land Use Plan. 2016 Comprehensive Land Use Plan On July 11th the Board of Commissioners will consider adoption of the Comprehensive Plan. The Plan includes a Future Land Use Map which will replace the CAMA Land Use Classification Map and help guide growth and development in the unincorporated areas of the County. The Future Land Use Map classifies the property as General Residential. 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 placetypes. 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. The ideal density for single-family residential in this Place Type is 1-6 dwelling units per acre. Relevant Goals, Strategies, and Guidelines of the Comprehensive Plan: Goal IX: Promote environmentally responsible growth. (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources.) Strategy A. Promote a mixture of uses where appropriate in an effort to cluster development and minimize impacts on natural resources. Z-959, (7/16) Page 8 of 11 Guidelines A.2 Establish open space criteria that encourages preservation of natural areas, buffers, trees, and wildlife habitats, while working in harmony with the built environment. Goal X: Conserve environmentally critical areas. (Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy watersheds, and maintenance of critical habitats.) Strategy B. Discourage development in wetlands, flood plain, and other flood prone areas. Guidelines B.4 Encourage preservation of existing natural wetlands and constructed wetlands as a stormwater mitigation technique where practical. B.5 Encourage preservation of existing natural buffer areas for conservation resources to preserve their natural functions. B.6 Incentivize, through the development process, the use of Best Management Practices such as Low Impact Development where possible to ensure environmentally critical areas are conserved. Goal XIII: Preserve and protect water quality and supply. (Desired Outcome: Accommodating anticipated growth in a manner that is sustainable to New Hanover County’s water supply and water quality.) Strategy O. Consider removing barriers in codes/ordinances that hinder and prohibit low impact development. Guidelines O.1 Encourage low impact development and other best management practices. Goal XVIII: Increase physical activity and promote healthy, active lifestyles. (Desired Outcome: A built environment that encourages active life styles and increased health through walking and biking.) Strategy C. Connect walkways, parking lots, greenways, and developments to encourage pedestrian activity. Guidelines C.1 Encourage dedication or provision of easements for multi-use paths consistent with the Greenway Master Plan and other adopted plans. Overall the proposed rezoning is consistent with the Comprehensive Plan. The proposed density of 1.9 dwelling units per acre is within the ideal density range of the General Residential Place Type of 1-6 dwelling unit per acre. Also, performance residential developments allow for more open space which can be utilized for stormwater control, recreation, and preservation of areas of environmental concern and wildlife habitat; and thus the development is consistent with the above mentioned goals, strategies, and guidelines. Z-959, (7/16) Page 9 of 11 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 Thursday, June 2, 2016 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 approval of the application with conditions. Staff concludes that the application is consistent with the requirements of the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the property complies with Policy 3.12 of the Land Use Plan because the development will utilize features to help filtrate pollutants including natural vegetation, infiltration swales, and bio- retention areas. The development is also consistent with the 1987 Middle Sound/Odgen Small Area Plan. While the plan recommended an option of rezoning property in the Middle Sound area to R-20S in order to ensure that only low-density single-family detached housing is developed in the area, it also stated that there are many disadvantages to this approach, including discouraging the preservation of open space and natural amenities. This application meets the intent of the R-20S district while eliminating the stated disadvantage. By utilizing the performance residential standards, the development will preserve more open space (45% of the property) which includes most of the wetland areas identified. Action Needed  Motion to recommend approval of the petitioner’s application [with or without agreed upon conditions]  Motion to “table” the application in order to receive more information  Motion to recommend denial of the petitioner’s application based on specific reasons Z-959, (7/16) Page 10 of 11 Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 17.42 acres from R-20S, Residential District, to (CZD) R-20, Conditional Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016 Comprehensive 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.]. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this application for a zoning map amendment of 17.42 acres from R-20S, Residential District, to (CZD) R-20, Conditional Residential District as described is: 1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016 Comprehensive 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 recommend approval, as the Planning Board finds that this application for a zoning map amendment of 17.42 acres from R-20S, Residential District, to (CZD) R-20, Conditional Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the development, in accordance with Policy 3.12 of the plan, will incorporate Low Impact Development techniques designed at filtrating stormwater runoff. The proposal is also consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed density is consistent with the ideal density range of the General Residential Place Type and because the development promotes responsible growth by preserving environmentally critical areas. 2. Reasonable and in the public interest because the performance residential standards provide for the preservation of increased amounts of open space for the continuing enjoyment of the residents, to protect the natural environment and wildlife habitats, and to provide for recreational opportunities. Z-959, (7/16) Page 11 of 11 Conditions: 1. Duplex, multi-family, and mobile home housing shall be prohibited. 2. Impervious coverage shall not exceed 30% of the site. 3. In addition to meeting county and state stormwater requirements, the development shall incorporate Low Impact Development (LID) techniques as described in the City of Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County’s Technical Review Committee (TRC). 4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum extent practicable, and only be removed in order to install necessary infrastructure needed to comply with applicable county and state regulations. 5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for the purpose of installing a future pedestrian facility.