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HomeMy WebLinkAboutZ-961 Staff Summary BOC Z-961, (7/16) Page 1 of 12 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-961, 7/16 PETITIONER: Cindee Wolf of Design Solutions, applicant Gregory W. Jordan and Marie P. Sikes Heirs, property owners REQUEST: Rezone from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2, Conditional Highway Business District ACREAGE: 7.08 acres LOCATION: 4600 block of Carolina Beach Road PIDs: R07100-003-001-000 R07012-004-004-000 R07109-001-003-000 R07100-003-004-000 2006 CAMA LAND CLASS: Urban 2016 COMP PLAN PLACE TYPE: Community Mixed Use PLANNING BOARD ACTION: The application was heard by the Planning Board at their July 7, 2016 meeting. One resident, stating he represented multiple property owners on Matteo Drive, spoke in favor of application, citing that the area residents prefer this development over the unknown of what the property may become in the future. Also, a representative from the real estate company coordinating the sale of the property spoke in favor of the application. The Planning Board voted (4-0) to recommend approval of the application with conditions, stating that the proposed development is a needed service in the area and will not generate a high volume of traffic. The Board found that the application is: 1. Is consistent with the 2006 CAMA Land Use Plan, as the proposal maximizes the effectiveness of commercial uses by assuring 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 as encouraged in Policy 4.3 of the Plan. 2. Reasonable and in the public interest as the development is indicative of current market conditions, was well received by the surrounding property owners, and represents a low impact use on the surrounding area. Conditions: 1. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. Z-961, (7/16) Page 2 of 12 2. The rear bufferyard, located along Sikes Drive, shall be installed in accordance with the buffer exhibit included in the application, including installation of an eight foot tall solid fence, a 20 foot wide planted buffer, and a 35 foot wide streetscape. EXISTING CONDITIONS: Existing Zoning and Land Uses The subject property includes four parcels of land totaling 7.08 acres located on Carolina Beach Road. The property also fronts Sikes Drive, a road which has been petitioned to be accepted into the City of Wilmington’s maintenance system. When zoning was initially applied to this area in 1971, the subject property and the surrounding area were zoned R-15. On December 5, 2005, a rezoning application (Z-821) was approved that rezoned the property to a (CUD) B-1 district to allow for a retail/office development. A modification to that district (Z-891) was approved on December 1, 2008 which rezoned the property to a (CUD) B-2 district in order to allow for the development of a movie theater. Although much of the development’s infrastructure was installed, none of the structures were constructed. Recently, a portion of that proposed development has been annexed into the City of Wilmington. A multi-family development, Belle Meade Apartments, is currently being constructed within the City on the adjoining property to the south; and in May, the Board of Commissioners, approved a Conditional Use Zoning District that allows for the development of an 80 unit apartment complex at 4713 Carolina Beach Road. Single-family housing is located to the north and east of the property. The property is in an area that transitions into the City of Wilmington, with land within the City bordering the property to the north, south, and west. Not included in this application is a 1.7 acre parcel adjoining the property to the south which was also zoned (CUD) B-2 with the previous movie theater development proposal. This parcel is currently used for residential purposes. Z-961, (7/16) Page 3 of 12 Existing Site Conditions Three of the four parcels contain a total of six single-family dwelling units, which will be removed as the property is developed. The other parcel is 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. 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; 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 7.08 acres currently zoned (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini- warehouse business. Z-961, (7/16) Page 4 of 12 STAFF POSITION: Zoning Ordinance Considerations The purpose of the Highway Business District is to provide for the proper grouping of development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. 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 five mini-warehouse buildings totaling 140,100 square feet. A minor modification was made to the site plan after the Planning Board meeting to reflect a more accurately sized stormwater pond. The original site plan also included five buildings which total 139,900 square feet. Conceptual Site Plan The proposed development is subject to the County’s site plan/building permit review process. The process includes reviewing the plan with the technical standards of the County’s development ordinances, including landscaping, buffering, and stormwater requirements. A fully opaque buffer and increased building setback is required along the property lines that adjoin residential uses and zoning. As currently shown, the site plan does not comply with the buffer and setback standards of the Zoning Ordinance. Specifically, the required setbacks and buffers are not being provided along the 1.7 acre parcel adjoining the property to the south. That parcel, as previously mentioned, currently hosts residential Z-961, (7/16) Page 5 of 12 uses, having two single-family dwellings located on it. To correct the issue, the applicant has agreed to a condition that the dwellings must be discontinued and abandoned prior to the issuance of a Certificate of Occupancy for the proposed development. This will include removal or the water and power meters from the dwellings, and an affidavit from the property owner acknowledging that the property cannot be used for residential purposes under its current zoning district. Transportation The proposed development will generate 21 trips in the AM peak, and 36 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. Improvements were made to the Matteo Drive and Carolina Beach Road intersection as part of the previous Conditional Use District development proposal. These improvements included signalizing the intersection and providing additional turn lanes. The NHC/Wilmington Comprehensive Greenway Plan proposes that a greenway network be installed along this portion of Carolina Beach Road. If this application is approved, staff recommends that a condition be placed on the district that will require a 20 foot wide access easement be dedicated to the county for the purposes of installing a future multi-use path. Below is the proposed greenway network as illustrated in the Greenway Plan. Z-961, (7/16) Page 6 of 12 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 Urban. The purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. Relevant Policies of the Land Use Plan: Policy 4.1 Designate sufficient land area and suitable locations for the various land use types. 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. Policy 5.1 Promote mixed use development outside of sensitive areas within the urban services area and higher density mixed use in redevelopment projects in order to maximize benefits from available infrastructure, preserve valuable natural resources including open space, and reduce dependence on the automobile. Areas in the county that have been designated as Urban have already been developed at a density approaching 1,500 dwellings per square mile. Urban areas also have public services in place or are scheduled to be installed within the immediate future. These services include public utilities (water and sewer) and a viable transportation network (proximity to minor and major arterial streets, transit service, and bike and pedestrian improvements). The area surrounding the subject property is one of the most densely populated areas within the county’s planning jurisdiction. The property fronts Carolina Beach Road, a major arterial, and is adjacent to St. Andrews Drive, a major collector. The property also fronts Sikes Lane, a street that is planned to be extended further south. The extension of Sikes Lane creates an opportunity to provide interconnectivity to multiple developments in the area which, if successful, may lead to the street operating as a collector street; as it will provide a direct route to St. Andrews Drive. The development in the area has also provided a network of sidewalks. Currently, sidewalks have been installed along St. Andrews Drive, Sikes Lane, Pine Hollow Drive, and Matteo Drive. Also, as previously mentioned, the NHC/Wilmington Greenway Plan proposes that a greenway network run along Carolina Beach Road and St. Andrews Drive. The property is also served by the Carolina Beach Road Bus Route (201) and is within 1,000 feet of two bus stops. Route 201 collects riders along Carolina Beach Road as well as 17th Street between John D Barry Drive and George Anderson Drive. This route extends along George Anderson Drive and Saint Andrews Drive. Additionally, this route extends to downtown Wilmington to Market Street. Due to the fact that the property is located in an area with a high population density, and where many public services are in place, staff contends the proposed development of a mini-warehouse use on the Z-961, (7/16) Page 7 of 12 property is inconsistent with the Land Use Plan. Policy 5.1 encourages land within urban areas to be developed so that they “maximize the benefits from available infrastructure”. With the availability of, and plans for, public services/infrastructure as detailed above (water and sewer services, viable transportation network), a development that provides neighborhood services such as retail, office, and other consumer-based uses will be a better benefit to the area’s residents and would be consistent with the Land Use Plan. In addition, Policy 5.1 encourages development that will reduce the dependence on the automobile. Because there are many residences in the vicinity of the subject property, and because pedestrian improvements have been provided in the area, a development that offered more neighborhood consumer-based uses and job opportunities will encourage the residents to take alternative forms of transportation, like walking and biking, to the subject property. 2016 Comprehensive Land Use Plan The new 2016 Comprehensive Land Use Plan 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 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. Relevant Goals, Strategies, and Guidelines of the Comprehensive Plan: Goal I: Support business growth (Desired Outcome: A vibrant economy for New Hanover County Based on business success.) 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. Z-961, (7/16) Page 8 of 12 Goal III: Promote fiscally responsible growth. (Desired Outcome: Growth patterns that achieve efficient provisions of services and equitable distribution of costs between the public and private sector.) Strategy A. Coordinate infrastructure from a regional perspective including water, sewer, and transportation. F. Encourage development where existing infrastructure is available. Goal VIII: Integrate multi-modal transportation into mixed land uses that encourage safe, walkable communities. (Desired Outcome: A community with a mixture of 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 E. Encourage provision of transit supportive land uses and infrastructure where appropriate. Guidelines E.2 Concentrate development in nodes and high growth areas depicted on the FLUM to ultimately produce densities that can support multi modal transportation and Transit Oriented Development. E.3 Provide alternatives to automobile transportation by encouraging new development, redevelopment, and transportation improvements to include provisions for a network of bicycle and pedestrians facilities, including pedestrian causeways, bridges, and crossings on collector streets and major arterials. Goal IX: Promote environmentally responsible growth. (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources. (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources.) Strategy D. Strengthen and direct development toward existing communities through encouraging infill and redevelopment. Goal XXI: Ensure NHC remains in attainment for air quality, in support of clean air and improved public health outcomes in support of continued growth. (Desired Outcome: New Hanover County to remain in attainment for air quality to protect public health and retain and attract development and industries.) Strategy A. Promote compact development, mixture of uses, and infill that minimizes trips and vehicle miles traveled. Guidelines A.1 Promote compact development and infill with a mix of integrated community uses (e.g. housing, shops, workplaces, schools, parks, and civic facilities) within walking or biking distance that minimizes vehicle trips and vehicle miles travelled. A.2 Encourage development be located and designed to be convenient for access to public transit, thereby bringing potential riders closer to transit facilities and increasing ridership. Strategy B. Encourage development patterns and neighborhood street designs that are conductive to pedestrian and bicycle use. Z-961, (7/16) Page 9 of 12 Guidelines B.2 Promote street, sidewalk, and greenway designs that support and enhance access between neighborhoods and to neighborhood based commercial developments. As previously mentioned, the subject property is located in an area with a high population density, and where many public services are in place, including public water and sewer, and a viable transportation network. Because of these locational characteristics, staff contends the development of a mini- warehouse use would be inconsistent with the Comprehensive Plan, as it does not appropriately utilize the infrastructure investments made in the area. A development that provides more consumer-based services and job opportunities would be a better benefit to the area’s residents. Create Wilmington Comprehensive Plan Considerations Because the area is adjacent to the City of Wilmington and staff is committed to coordinating with the City on adjacent land uses, staff requested the City’s Planning Department to comment on the application’s consistency with the City’s Comprehensive Plan. City planning staff reviewed the application with the City’s plan, Create Wilmington Comprehensive Plan, and stated that it is not consistent with the growth map and strategies of the plan. The parcels adjacent to the subject property are identified as an Area of Opportunity – Greenfield Site as Multi-use Places. The strategies with that classification are:  Implement adopted master plans; create new master plans as needed.  Encourage town centers and other suburban mixed-use development types.  Make connections to adjacent areas and incorporate them into new development.  Provide abundant open space and buffers along low-density neighborhoods, but integrate with existing multifamily and commercial areas.  Maximize structured parking and concealed parking and minimize the use of large surface parking lots.  Develop multi-use areas and provide multi-modal connections between various uses.  Encourage a variety of building types; employ new and traditional urban design principles in site and building design.  Ensure a walkable block structure and a clear hierarchy of complete streets.  Provide Main Streets with pedestrian-friendly storefronts and street furniture. Z-961, (7/16) Page 10 of 12 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 Tuesday, May 31st, 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 denial of the application. Staff concludes that the application is inconsistent with the 2006 CAMA Land Use Plan, the 2016 Comprehensive Plan, and the City’s Create Wilmington Comprehensive Plan. Due to the property being located in an area with a high population density and where many public services are in place, a development that offers more consumer-based uses that provide neighborhood services will maximize the benefits from available infrastructure as encouraged in Policy 5.1 of the 2006 CAMA Land Use Plan and in the goals of the 2016 Comprehensive Plan. FIRST ACTION NEEDED:  Motion to approve of 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 7.08 acres from (CUD) B-2, Conditional Use Business District, to (CZD) B-2, Conditional Business 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 deny, as the Board of Commissioners find that this application for a zoning map amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2, Conditional Business District as described is: 1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and the 2016 Comprehensive Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. Z-961, (7/16) Page 11 of 12 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 deny, as the Board of Commissioners find that this application for a zoning map amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, and R-15, Residential District, to (CZD) B-2, Conditional Business District as described is: 1. Inconsistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016 Comprehensive Plan because the proposed development of a mini-warehouse use does not maximize the benefits of the available infrastructure which have been installed to support urban development. 2. Not reasonable and not in the public interest because the proposed mini-warehouse use will not maximize the available and planned services and infrastructure in the area, and because it does not encourage other modes of transportation that would reduce the dependency on the automobile. Alternative Motion: While staff is recommending denial of the application, if the Board wishes to approve it, staff recommends the below motion. This motion was approved by the Planning Board and consists of their recommended conditions. In addition, a third condition was added to ensure compliance with the Zoning Ordinance. Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, and R-15, Residential District, to (CZD) B-2, Conditional Business District as described is: 1. Is consistent with the 2006 CAMA Land Use Plan, as the proposal maximizes the effectiveness of commercial uses by assuring 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 as encouraged in Policy 4.3 of the Plan. 2. Reasonable and in the public interest as the development is indicative of current market conditions, was well received by the surrounding property owners, and represents a low impact use on the surrounding area. Conditions (agreed upon with the applicant): 1. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. Z-961, (7/16) Page 12 of 12 2. The rear bufferyard, located along Sikes Drive, shall be installed in accordance with the buffer exhibit included in the application, including installation of an eight foot tall solid fence, a 20 foot planted buffer, and a 35 foot streetscape. 3. The residential uses at 4629 Carolina Beach Road (PID R07000-004-003-000) shall be discontinued and abandoned prior to issuance of a Certificate of Occupancy for the proposed development.