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HomeMy WebLinkAboutZ-964 Staff Summary BOCZ-964, (11/16) Page 1 of 6 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-964, 11/16 PETITIONER: Cindee Wolf of Design Solutions, applicant Amber Sun LLC, property owner REQUEST: Rezone from (CUD) I-1, Conditional Use Light Industrial District, to (CZD) O&I, Conditional Office and Institutional District ACREAGE: 5.00 acres LOCATION: 5000 Blue Clay Road PID: R01800-003-016-000 2016 COMP PLAN PLACE TYPE: General Residential PLANNING BOARD ACTION: The application was heard by the Planning Board at their November 3, 2016 meeting. At the meeting, no one from the public spoke in opposition or in favor of the application. The Planning Board recommended approval (5-0) of the application with no added conditions. EXISTING CONDITIONS: Existing Zoning and Land Uses The subject property consists of 5 acres located at 5000 Blue Clay Road. When zoning was initially applied to this area in 1972, the subject property and surrounding area were zoned R-15. The property has a history of being used for non-residential purposes. Prior to the establishment of zoning, the property was used as a seafood restaurant, and on occasion, as a night club. The restaurant suffered extensive fire damage in the mid-1980s resulting in its closure. Z-964, (11/16) Page 2 of 6 In 1997, the property was rezoned to a Conditional Use Light Industrial District in order to allow for the development of offices for engineering consulting services and general contractors (Z-598). Currently, an office building and parking lot exist on the property. StreetSafe, a not-for-profit organization which provides educational services promoting safe driving practices, began to operate in the building in 2015. Recently the organization sought to expand the parking lot in order to provide a larger area for conducting the driving classes. It was then discovered that this use did not comply with the standards of the Conditional Use District, which limited the allowable uses to “geological and engineering services, special trade and general contractors”. This rezoning application, if approved, would modify the zoning district to permit technical schools, including StreetSafe, on the property. The surrounding area is zoned R-15 and consists of low density single-family housing. Existing Site Conditions A 7,549 square foot building and parking lot have been constructed on the southern portion of the property, comprising approximately of one acre. The remaining portions of the property are undeveloped and wooded. Community Services Water and Sewer: The development is currently connected to public water (CFPUA). Wastewater is treated with a private septic system. 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, Eaton Elementary, Holly Shelter Middle, and Laney High schools; however the proposed use will not have an impact on the school system. Z-964, (11/16) Page 3 of 6 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 5.00 acres currently zoned (CUD) I-1, Conditional Use Light Industrial District, to (CZD) O&I, Conditional Office and Institutional District, in order to allow for office and professional/technical school uses within the existing building located on the property, and to expand the existing paved area used for driver training courses. STAFF POSITION: Zoning Ordinance Considerations The purpose of the Office and Institutional District is to provide areas where institutional uses, professional office uses and other uses compatible to uses of an office or institutional nature shall be encouraged to locate and to provide protection for this type land use from encroachment by other less desirable uses. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials as designated on the County's Thoroughfare Classification Plan. 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 utilize the existing building for office and educational uses, and to expand the existing paved area used for driver training courses. Conceptual Site Plan Further, 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 Z-964, (11/16) Page 4 of 6 buffer is required along the property lines that adjoin residential uses and zoning. As currently shown, the site plan complies with the Zoning Ordinance. Transportation The proposed development will generate 22 trips in the AM peak, and 19 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 Blue Clay Road on October 12, 2016. The count yielded an Average Daily Traffic (ADT) of 1,825 trips. This portion of Blue Clay Road has a design capacity of 9,400 daily trips, and therefore it is classified as having an “A” Level of Service (LOS) with a Volume to Capacity Ratio of 0.19. Environmental The northern undeveloped portion of the property is located within an AE Special Flood Hazard Area and AE Floodway. Stormwater management will be reviewed by New Hanover County Engineering. Comprehensive Plan Considerations According to the 2016 Comprehensive Land Use Plan, the site is classified as General Residential. This placetype provides opportunity for lower density housing and associated civic and commercial services. 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. 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. Goal XIV: Actively promote high quality education and diverse cultural opportunities for New Hanover County residents and visitors. (Desired Outcome: High quality education and diverse opportunities that sustain the economic vitality of our community and enrich the lives and future residents.) Z-964, (11/16) Page 5 of 6 The proposal to allow office and school uses within the existing building on the property is consistent with the General Residential placetype. Further, the proposed O&I district is more appropriate within this placetype, and within residential areas, than the current light industrial zoning. 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, September 29th, 2016 in accordance with the requirements for such an application. Nobody from the public attended the meeting. The applicant has provided a summary of the meeting which is included in the applicaton. Staff recommends approval of the application. Staff concludes that the application is consistent with the 2016 Comprehensive Plan and with the Zoning Ordinance. Commercial, office, and school uses that enhance neighborhood character are appropriate within the General Residential placetype. The proposed uses do not generate a substantial amount of traffic and will provide additional educational opportunities for the area’s residents. 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 5.00 acres from (CUD) I-1, Conditional Use Light Industrial District, to (CZD) O&I, Conditional Office and Institutional District as described is: Z-964, (11/16) Page 6 of 6 1. Consistent with the purposes and intent of the 2016 Comprehensive 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 5.00 acres from (CUD) I-1, Conditional Use Light Industrial District, to (CZD) O&I, Office and Institutional District as described is: 1. Not Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan and the 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 approve, as the Board of Commissioners find that this application for a zoning map amendment of 5.00 acres from (CUD) I-1, Conditional Use Light Industrial District, to (CZD) O&I, Conditional Office and Institutional District as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because office and institutional uses that enhance neighborhood character are appropriate within the General Residential placetype. 2. Reasonable and in the public interest because the proposed office and institutional uses will provide additional high quality educational opportunities for the residents of New Hanover County, and because the proposal removes industrial zoning from an area predominantly zoned for residential purposes.