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HomeMy WebLinkAboutZ-966 Staff Summary PBZ-966, (1/17) Page 1 of 10 CONDITIONAL USE ZONING DISTRICT APPLICATION CASE: Z-966, 1/17 PETITIONER: Cindee Wolf of Design Solutions of behalf of the property owner, New Beginning Christian Church REQUEST: Rezone from (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development consisting of 68 dwelling units. ACREAGE: 8.57 acres LOCATION: 3100 Block of Blue Clay Road PID: R03300-003-002-000 PLACE TYPE: Community Mixed Use EXISTING CONDITIONS: Existing Zoning and Land Uses The proposed rezoning includes 8.57 acres of a 17.93 acre parcel located at the 3100 block of Blue Clay Road, approximately one half mile north of the intersection with Kerr Avenue. The property was zoned R-20 when zoning was initially applied to this area in 1974. This past April, the property was rezoned to a Conditional R-10 district in order to allow for the development of a 46 lot performance residential subdivision (Z-950). Current Approved Site Plan (Z-950) Z-966, (1/17) Page 2 of 10 The following two conditions were added to the development as part of that rezoning: 1. Streetyard plantings for the non-residential use in a residential district will be installed along the Holland Drive and Alex Trask Drive frontages. 2. The street connection to Galway Road shall be improved and extended to connect to Galway Road’s existing pavement. The zoning in the vicinity consists of mostly residential and industrial districts. The residential districts, including R-10, (CZD) R-10, R-15, and R-20 can be found to the north, south, and west of the property. Adjacent to the property to the north is a large tract of R-10 zoning, approximately 260 acres in area, which contains the Ivy Woods and Runnymeade subdivisions. To the south, is property recently rezoned to (CZD) R-10 in order to allow for the development of a performance residential subdivision. That development, Rachel’s Place, is currently under construction. The industrial districts, including I-2 and AI, are located to the east and south of the property, and contain the North Kerr Industrial Park and Wilmington International Airport. Existing Site Conditions The property proposed to be rezoned is currently undeveloped. Z-966, (1/17) Page 3 of 10 Community Services Water and Sewer: The development will connect to CPFUA water and sewer services. 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 Wrightsboro Elementary, Eaton Elementary, Trask Middle, and New Hanover High Schools School Total Capacity w/Mobiles +/- Capacity Eaton 567 466 101 Wrightsboro 552 526 26 Trask 740 662 78 New Hanover 1702 1688 14 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 8.57 acres currently zoned (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high density development consisting of 68 dwelling units. A Conditional Use District requires all proposed uses obtain a Special Use Permit. In this application, the use proposed is an Active Adult Retirement Community or Independent Living facility. 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 68 units on this property equates to a density of 7.9 units/acre. Z-966, (1/17) Page 4 of 10 A site plan is included as part of the application and is shown below. The site plan was reviewed by the Technical Review Committee in December with applicable technical standards, including the Zoning and Subdivision Ordinances. Engineered plans that comply with the county’s ordinances must be submitted, reviewed, and approved by staff prior to issuance of any construction permits. Proposed Site Plan Traffic The proposed development (Active Adult Retirement Community) will generate 9 trips in the AM peak, and 12 trips in the PM peak. Because the trips do not exceed 100 in the either peak hours, a Traffic Impact Analysis (TIA) was not required to be completed. A TIA was recently completed for Rachel’s Place, a proposed 154 lot subdivision adjoining the subject property to the south. The TIA found that intersections in the area, including Blue Clay Road at North Kerr Avenue and the subdivision’s site access on Blue Clay Road, will operate at a Level of Service of B or better during the peak hours when the development is expected to be completed in 2018. The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count in 2014 on Blue Clay Road, between Kerr Avenue and Old Mill Road. The count yielded an Average Daily Traffic (ADT) of 5,576 trips. Blue Clay Road has a design capacity of 15,600 daily trips, and therefore it is classified as having an “A” Level of Service (LOS) with a Volume of Capacity Ratio of 0.36. Environmental The proposed development is subject to several environmental regulations and permits. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Department of Z-966, (1/17) Page 5 of 10 Environmental Quality. The development must also obtain a soil erosion and sedimentation control permit. The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas. For septic suitability, the property contains Class II and Class III soils. Class II soils have moderate limitations, which require moderate modification and maintenance, and Class III soils have severe limitations, which requires extensive modification and intensive maintenance. However, this project will be required to install public water and sewer service in accordance with the standards of the CFPUA and the County’s zoning ordinance. 2016 Comprehensive Land Use Plan The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. This place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of uses encouraged in this place type include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Relevant Goals of the Comprehensive Plan The Comprehensive Plan outlines which plan goals should be promoted within the Community Mixed Use place type. The relevant goals to be promoted include:  Goal III: Promote fiscally responsible growth. (Desired Outcome: Growth patterns that achieve efficient provision of services and equitable distribution of costs between the public and private sector.)  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.)  Goal IX: Promote environmentally responsible growth. (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources.) Z-966, (1/17) Page 6 of 10  Goal XV: Provide for a range of housing types, opportunities, and choices. (Desired Outcome: Citizens are not overburdened with the costs or availability of housing but have a diverse range of options that are affordable at different income levels.)  Goal XVI: Increase public safety by reducing crime through the built environment. (Desired Outcome: New development patterns that focus on increased public safety.)  Goal XVIII: Increase physical activity and promote healthy, active lifestyles. (Desired Outcome: A built environment that encourages active lifestyles and increased health through walking and biking.) Staff Analysis of Comprehensive Plan Consistency Overall, the proposed development is consistent with the comprehensive plan. Multi-family residential is encouraged within the Community Mixed Use place type. The ideal density for multi-family residential uses in this place type is moderate (ranging up to 15 units per acre). The 7+ dwelling units per acre of this development is consistent with this recommendation and is the average density needed to support the small-scale, compact, mixed use development patterns that this place type promotes. The project is also consistent with several other land use plan goals. Its proximity to water and sewer utilities and use of existing transportation networks supports the efficient provision of public services. The project’s pedestrian amenities also serve to meet the land use plan’s goals of safe, walkable communities, and the location of the project close to services and employment centers may minimize vehicle trips for residents. Wilmington/NHC Comprehensive Greenway Plan Proposed Greenway Network The Wilmington/NHC Comprehensive Greenway Plan proposes that a greenway network be installed along Blue Clay Road. Shown above is the proposed network for the surrounding area. Z-966, (1/17) Page 7 of 10 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 Wednesday, October 12, 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 shall be considered for approval or denial as a two-part process. The proposed Conditional Use District rezoning is considered first, then the companion Special Use Permit proposal. CONDITIONAL USE ZONING DISTRICT: Staff recommends the approval of the Conditional Use Zoning District. Staff concludes that the request is consistent with the requirements of the Zoning Ordinance and also the 2016 Comprehensive Plan. Multi-family residential is encouraged within the Community Mixed Use place type. The ideal density for multi-family residential uses in this place type is moderate (ranging up to 15 units per acre). The 7+ dwelling units per acre of this development is consistent with this recommendation and is the average density needed to support the small-scale, compact, mixed use development patterns that this place type promotes. Action Needed  Motion to recommend approval of the rezoning request  Motion to “table” the item in order to receive more information  Motion to recommend denial of the rezoning request Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment of 8.57 acres from (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, as described is: 1. Consistent with the purposes and intent of the 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.]. Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this request for a zoning map amendment of 8.57 acres from (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, as described is: 1. Not Consistent with the purposes and intent of 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.]. Z-966, (1/17) Page 8 of 10 Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment of 8.57 acres from (CZD) R-10, Conditional Residential District, to (CUD) R-10, Conditional Use Residential District, as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because Multi-family residential is encouraged within the Community Mixed Use place type. The proposed density is consistent with the Plan and is the average density needed to support the small-scale, compact, mixed use development patterns that this place type promotes. 2. Reasonable and in the public interest because the development is located in close proximity to water and sewer utilities, and will provide pedestrian amenities to help promote a safe, walkable community. The development is also located close to services and employment centers which may minimize vehicle trips for the residents. 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. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the January 5, 2017 Planning Board meeting. 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 North Fire Service District. C. Access to the site will be provided by Blue Clay Road, an arterial street that has an acceptable Level of Service. Z-966, (1/17) Page 9 of 10 D. An easement will be dedicated to the County for the purpose of installing a multi-use path along Blue Clay Road in accordance with the Wilmington/NHC Comprehensive Greenway Plan. E. The subject site does not host any known conservation, cultural, historic, 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 Community Mixed Use in the 2016 Comprehensive Plan. B. The surrounding land uses predominately include residential, with adjacent property to the north and south being also zoned R-10. C. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. 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 2016 Comprehensive Plan classifies the area proposed for the high density development as Community Mixed Use, and the proposal is not in conflict with the intent of the Community Mixed Use land use classification, and additionally, not in conflict with any other policy of the 2016 Comprehensive Plan. B. The proposed development will provide for alternative forms of transportation in compliance with the 2012 Wilmington/NHC Comprehensive Greenway 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. Z-966, (1/17) Page 10 of 10 ACTION NEEDED (Choose one): 1. Motion to recommend approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion recommend denial 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. Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a Special Use Permit to develop a high density development: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Staff suggested conditions: 1. The development shall be used only as an Active Adult Retirement Community or Independent Living facility. 2. No gates or traffic calming devices shall be installed unless reviewed and approved by the Technical Review Committee. 3. A 20 foot wide easement shall be dedicated to the County along Blue Clay Road for the purposes of installing a future multi-use path in accordance with the Wilmington/NHC Comprehensive Greenway Plan. Example Motion for Denial: Motion to recommend denial, as the Planning Board cannot find that this application for a Special Use Permit to develop a temporary fire station: [State the finding(s) that the application does not meet and include reasons to why it is not being met] 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County.