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HomeMy WebLinkAboutZ-959M Staff Summary BOCZ-959M, (12/16) Page 1 of 9 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-959M, 12/16 PETITIONER: Dan Weeks of H+W Design, applicant Raleigh Wilmington Investors, LLC, property owner REQUEST: Rezone from (CZD) R-20, Conditional Residential District, and R-20S, Residential District, to (CZD) R-20, Conditional Residential District ACREAGE: 20.7 acres LOCATION: 2300 & 2400 block of Middle Sound Loop Road PIDs: R05200-001-007-000 R05200-001-017-000 R05200-001-006-000 R05200-001-005-000 R05200-001-016-000 2016 COMP PLAN PLACE TYPE: General Residential EXISTING CONDITIONS: Existing Zoning and Land Uses The property proposed to be rezoned consists of five parcels of land totaling 20.7 acres. It is located at the 2300 & 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, included 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. 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 Z-959M, (12/16) Page 2 of 9 suburban atmosphere, water/sewer availability and a significant increase in the road network and interconnectivity supporting the community. On August 1, 2016 the Board of Commissioners approved a conditional rezoning application (Z-959) which rezoned 17.42 acres of the subject property to a (CZD) R-20 district in order to allow for the development of a 32 lot performance residential subdivision. Below is the conceptual site plan approved with the application. Z-959 Approved Site Plan In addition to the approved site plan, the following conditions were placed on the development: 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 the 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. Z-959M, (12/16) Page 3 of 9 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 five parcels of land totaling 20.7 acres. Currently two of the five parcels contain single-family dwellings. The dwellings will be removed when the property is developed for the proposed subdivision. Community Services Water and Sewer: Public water and sewer services are located within the nearby vicinity. The development will connect to CFPUA water and sewer service. Z-959M, (12/16) Page 4 of 9 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 would 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 20.7 acres currently zoned R-20S, Residential District, and (CZD) R- 20, Conditional Residential District, to (CZD) R-20, Conditional Residential District, in order to develop a 39 lot performance residential subdivision. The application, if approved, will essentially expand the existing (CZD) R-20 district approved this last August to allow for seven additional lots and a redesign of the road network. This proposed modification has been determined to be a major change to the existing (CZD) R-20 district, and per the Zoning Ordinance, must be submitted and reviewed as a new rezoning application. 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 the subdivision with the same conditions placed on the existing district approved last August: 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 the 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 or bike facility. Z-959M, (12/16) Page 5 of 9 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. Modified Conceptual Site Plan The modification to the proposed development includes the addition of a 3.28 acre parcel located directly northeast of the existing district boundaries. This addition allows for the number of proposed lots to be increased to 39 (from 32), and for the main street access to be relocated further north. By relocating the street access, the applicant will not have to mitigate any wetlands located on the property, which instead will be preserved in open space. In addition, the new location of the street access will provide for an increased site distance for vehicles exiting the development. Transportation The proposed development will generate 37 trips in the AM peak, and 46 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. Z-959M, (12/16) Page 6 of 9 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:  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. While this TIA did not specifically include the trips that will be generated from the 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. The applicant has agreed to 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 the proposed greenway network as illustrated in the Greenway Plan. NHC/Wilmington Greenway Plan Z-959M, (12/16) Page 7 of 9 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. The wetlands will be placed within dedicated open space. Additional verification of the regulated wetlands must be obtained from the Army Corps of Engineers during the subdivision review process. 2016 Comprehensive Land Use Plan The Comprehensive Plan classifies the property as General Residential on the Future Land Use Map. The General Residential Place Type provides opportunity for lower density housing and associated civic and commercial services. 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.) Goal X: Conserve environmentally critical areas. (Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy watersheds, and maintenance of critical habitats.) 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.) 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.) 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 units 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. Further, the applicant is proposing to develop the subdivision with Low Impact Z-959M, (12/16) Page 8 of 9 Development (LID) techniques. Therefore, the development is consistent with the above mentioned goals, strategies, and guidelines. 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, October 27, 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. PLANNING BOARD ACTION: The application was heard by the Planning Board at their December 1, 2016 meeting. One adjacent property owner spoke in favor of the application, specifically regarding modifications made to the site plan as a result of input received at the community meeting. The Planning Board recommended approval (5-0) of the application with conditions, finding that the application is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the development will promote environmentally responsible growth by incorporating Low Impact Development techniques designed at filtrating stormwater runoff, and by preserving the existing wetlands located on the property within open space areas. 2. Reasonable and in the public interest because the project’s reliance on performance residential standards allows for the preservation of increased amounts of open space for the continuing enjoyment of the residents, and for protection of the natural environment and wildlife habitats. 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 the 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. STAFF RECOMMENDATION: Staff recommends approval of the application with conditions as stated in the Planning Board’s action. Staff concurs with the Planning Board’s conditions and statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Z-959M, (12/16) Page 9 of 9 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, in place of conventional standards, the development will preserve more open space (44% of the property) which includes most of the wetland areas identified on the property. Action Needed  Motion to approve the petitioner’s application [with or without agreed upon conditions]  Motion to “table” the application in order to receive more information  Motion to deny the petitioner’s application based on specific reasons Staff Suggested Motion: Motion to approve, affirming staff’s statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest, with the conditions as recommended by staff.