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HomeMy WebLinkAboutZ-960 Staff Summary PBZ-960, (7/16) Page 1 of 9 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-960, 7/16 PETITIONER: Cindee Wolf of Design Solutions, applicant 6943 Market, LLC, property owner REQUEST: Rezone from R-15, Residential District, to (CZD) B-1, Conditional Business District ACREAGE: 2.07 acres LOCATION: 8800 block of Market Street PIDs: R02900-003-031-000 R02900-003-029-000 R02900-003-028-000 2006 CAMA LAND CLASS: Transition 2016 COMP PLAN PLACE TYPE: Community Mixed Use EXISTING CONDITIONS: Existing Zoning and Land Uses The property proposed to be rezoned consists of three parcels of land totaling 2.07 acres. It is located on Market Street, north of the I-140 interchange, and was zoned R-15 when zoning was initially applied to this area in 1971. The zoning in the vicinity consists mostly of residential zoning, however there are a couple of commercially zoned properties along Market Street. Just south of the subject property is an existing B-1 district containing a building which is currently being used as contractor offices. Please note that there is a small portion of R-15 zoning between the subject property and that noted B-1 district. The North New Hanover Regional Medical Center Emergency Department is located to the north on property that includes plans Z-960, (7/16) Page 2 of 9 for a major subdivision, charter school, and office/retail uses. The Stephens Pointe Apartments are located to the southwest, across Market Street, on property zoned (CUD) O&I. Existing Site Conditions The property proposed to be rezoned currently consists of three undeveloped parcels of land totaling 2.07 acres. 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 Blair Elementary, Eaton Elementary, Holly Shelter Middle, and Laney High schools; however the proposed use will not have an impact on the school system. 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 2.07 acres currently zoned R-15, Residential District, to (CZD) B-1, Conditional Business District, in order to develop two commercial/office buildings totaling 10,150 square feet. Z-960, (7/16) Page 3 of 9 STAFF POSITION: Zoning and Subdivision Ordinance Considerations The purpose of the Business District shall be to provide convenient shopping facilities primarily of necessity goods and personal services required to serve a neighborhood. The district’s principal means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials. 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 two commercial/office buildings totaling 10,150 square feet. The following uses would be allowed within the proposed district:  Special trade & general contractors with no outside storage;  Furniture, home furnishings & equipment;  General merchandise;  Handcrafting small articles;  Hardware;  Miscellaneous retail;  Barber/beauty shop;  Business services including printing;  Personal services;  Clock, watch & Jewelry repair; and  Offices for private businesses & professional activities. Further, the applicant is proposing the following conditions be added to the development: 1. A 20 foot wide access easement shall be dedicated to the County along Market Street for the purpose of installing a future greenway. 2. A connection for future parking lot cross-access shall be provided to the adjoining land south of the proposed development. The connection shall be constructed to the property line. 3. Signage shall be included on site indicating the address of any property for which access is provided through the site. The signage shall comply with applicable county standards. The proposed development must also go through the County’s site plan/building permit review process. The process includes the review of the technical standards of the County’s development regulations, including landscaping, buffering, and stormwater requirements. A fully opaque buffer is required along the perimeter of the property to screen the commercial/office use from the adjoining residentially zoned land. As currently shown, the site plan complies with the standards of the Zoning Ordinance. Z-960, (7/16) Page 4 of 9 Conceptual Site Plan Currently, a dirt driveway runs through the subject property and provides access to a parcel to the east. The applicant has agreed to continue to provide this access, and will dedicate an official access easement to the adjoining property owner. However, portions of the existing driveway will be removed, and access will be provided through the parking lot of the proposed development. Transportation The proposed development will generate 70 trips in the AM peak, and 28 trips in the PM peak. Because the combined trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to be completed. The North Carolina Department of Transportation conducted a traffic count on this portion of Market Street in 2013. The count found an Annual Average Daily Traffic (AADT) of 34,000 trips. This portion of Market Street has a capacity of 43,700 daily trips, which by using the volume to capacity ratio, would equate to a “D” Level of Service (LOS). LOS ranging from A to D are considered to be acceptable. The NHC/Wilmington Comprehensive Greenway Plan proposes that a greenway network be installed along this portion of Market Street. 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. Z-960, (7/16) Page 5 of 9 NHC/Wilmington Greenway Plan 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. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. Relevant Policies of the Land Use Plan: Policy 4.1 Designate sufficient land area and suitable locations for the various land use types. Z-960, (7/16) Page 6 of 9 Policy 4.3 Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. 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 Community Mixed Use. 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 office space 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. Retail uses are appropriate within the Community Mixed Use Place Type provided they are limited to a maximum of two stories and are of low to moderate density. Relevant Goals, Strategies, and Guidelines of the Comprehensive Plan: Goal I: Support business growth Strategy C. Align county zoning ordinances to encourage targeted business in appropriate areas. Guidelines C.3 Develop strategies for encouraging office, retail, and other light intensity nonresidential uses within existing residential areas to provide community level service. Goal VIII: Integrate multi-modal transportation into mixed land uses that encourage safe, walkable communities. (Desired Outcome: A community with a mixture of land uses that allows for individuals to perform daily tasks without the use of an automobile. A community where individuals can safely walk, bike, and access transit.) Strategy A. Review existing design standards and apply best practices to ensure transportation infrastructure is safe for all multimodal users. Guidelines A.1 Encourage bicycle friendly design treatments such as wide outside lanes, signage, dedicated routes, bike lanes, and shared use paths into new developments. Strategy D. Review existing parking lot design standards to determine if changes are needed to encourage safety for all users. Guidelines D.2 Encourage/permit shared parking between compatible land uses to reduce development costs, impervious surfaces, and reduce/minimize access locations on roadways. Z-960, (7/16) Page 7 of 9 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, this application is consistent with the Comprehensive Plan. The proposed buildings will be one story and have a height of 13 feet, and therefore consistent with intent of the Community Mixed Use place type. In addition, the proposed development will provide an access easement for a future greenway, and a connection for a future parking lot cross-access with the adjoining property to the south; consistent with the above goals, policies, and guidelines of the Plan. 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 Wednesday, June 1st, 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. Staff concludes that the application is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the property is accessed by an arterial street and is located near a major intersection where nonresidential uses are encouraged to locate. This proposal also complies with Policy 4.3 of the Land Use Plan: Z-960, (7/16) Page 8 of 9 Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. 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 Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 2.07 acres from R-15, Residential District, to (CZD) B-1, Conditional Business 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.]. 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 2.07 acres from R-15, Residential District, to (CZD) B-1, Conditional Business 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 recommend approval, as the Planning Board finds that this application for a zoning map amendment of 2.07 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intensive urban development on lands that have been provided with Z-960, (7/16) Page 9 of 9 necessary urban services. The property is located on a major arterial street and is in close proximity to public water and sewer services. In addition, the Land Use Plan encourages commercial development to occur on major thoroughfares and at major intersections in the County. The proposal is also consistent with 2016 Comprehensive Plan because it provides light intensity nonresidential uses within existing residential areas to provide community level service. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. Conditions: 1. A 20 foot wide access easement shall be dedicated to the County along Market Street for the purpose of installing a future pedestrian facility. 2. A connection for future parking lot cross-access shall be provided to the adjoining land south of the proposed development. The connection shall be constructed to the property line. 3. Signage shall be included on site indicating the address of any property for which access is provided through the site. The signage shall comply with applicable county standards.