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HomeMy WebLinkAboutZ-965 Staff Summary BOCZ-965, (12/16) Page 1 of 7 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-965, 12/16 PETITIONER: Cindee Wolf of Design Solutions, applicant Inlet Watch Dev. Partners, LLC, property owner REQUEST: Rezone from B-1, Business District, to (CZD) B-2, Conditional Highway Business District ACREAGE: 7.03 acres LOCATION: 7200 block of Carolina Beach Road PIDs: R08500-003-003-000 R08500-003-010-000 R08500-003-006-000 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 7.03 acres. It is located at the 7200 block of Carolina Beach Road and was zoned R-15 when zoning was initially applied to this area in 1971. In 1984, the western portion of the property along Carolina Beach Road was rezoned to B-1, and in 1987, the remaining portion was rezoned to B-1. In 2014, a special use permit was granted for the property for a mixed-use development consisting of 93 apartment units and 2,500 square feet of commercial space. That approval, which is set to expire in November of 2017, will become void if this rezoning application is approved. The surrounding area consists mostly of single-family residential developments with Inlet Watch being located directly east of the subject property. Other residential developments in the area include Carolina Z-965, (12/16) Page 2 of 7 Inlet Acres, The Cape, Lighthouse Village, and Windswept. To the south, is an existing B-1 zoned property containing an existing retail establishment, Carolina Video. Existing Site Conditions The property proposed to be rezoned consists of three parcels of land totaling 7.03 acres. The property is undeveloped and wooded. Community Services Water and Sewer: The development will connect to Aqua 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 Anderson Elementary, Codington Elementary, Murray Middle, and Ashley High schools, however, this use will not impact the school system. Conservation, Historic, and Archaeological Resources The subject property does not host any known historic, or archaeological resources. The northeast portion of the property is within the Conservation Overlay District and contains swamp forest. However, the swamp forest is not of a sufficient size for conservation space to be required. PETITIONER’S REQUEST: The petitioner is seeking to rezone the 7.03 acres currently zoned B-1, Business District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini-warehouse use consisting of four buildings totaling 77,650 square feet. Z-965, (12/16) Page 3 of 7 STAFF POSITION: Zoning and Subdivision Ordinance Considerations The purpose of the B-2 district is to provide for the development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. The district’s principle 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 has also included the following conditions in their proposal: 1. The business shall be subject to the following hours of operation: a. Staff Office i. 9:00 a.m. to 6:00 p.m. – Weekdays ii. 9:00 a.m. to 4:00 p.m. – Saturdays iii. 10:00 a.m. to 2:00 p.m. – Sundays b. Gate Access by Security Code i. 6:00 a.m. to 10 p.m. - Daily 2. 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. 3. The yards along Carolina Beach Road and Radnor Road shall be bordered with min. 6' high decorative aluminum fencing. The required streetyard plantings along Carolina Beach Road shall be supplemented by an evergreen low buffer consistent with the parking lot screening requirements of Section 62.1-5 of the Zoning Ordinance. In addition, a 20’ wide buffer strip, consistent with Section 62.1-4 of the Zoning Ordinance, shall be planted along Radnor Road. Further, if this rezoning application is approved, the proposed development must then go through 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, floodplain, and stormwater requirements. A fully opaque buffer is required along the property lines that adjoin residential uses and zoning districts. As currently shown, the site plan complies with the Zoning Ordinance. Z-965, (12/16) Page 4 of 7 Conceptual Site Plan Transportation The proposed development will generate 12 trips in the AM peak, and 20 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 most recent traffic count for this portion of Carolina Beach Road found an average daily traffic of 30,123 trips. Based on the road’s design capacity of 29,300 vehicles per day, this equates to a Level of Service (LOS) of “F” when using the Volume to Capacity Ratio. Z-965, (12/16) Page 5 of 7 Environmental Portions of the property are located within an AE Special Flood Hazard Area with a Base Flood Elevation of 12 feet. The development must comply with the County’s Floodplain Ordinance, which will be reviewed during the site plan/building permit process. However, it should be noted that the official flood maps will be updated within the coming months. Currently, the preliminary flood maps remove the AE Special Flood Hazard Area from the property. Stormwater management will be reviewed by the New Hanover County Engineering Department and by the NC Department of Environmental Quality. The applicant has received an approved wetland delineation for the property from the US Army Corps of Engineers. The property contains 1.12 acres of wetlands which are illustrated on the site plan. The development will impact 2,385 square feet (0.054 acres) of the wetlands in accordance with the US Army Corps of Engineer’s standards. 2016 Comprehensive Land Use Plan The 2016 Comprehensive Land Use Plan classifies the subject properties 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. Recommended urban design features for this place type include siting non-residential structures close to sidewalks and providing pedestrian amenities such as sidewalks, street and shade trees, and street furniture. Relevant Goals, Strategies, and Guidelines 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 I: Promote business success. (Desired Outcome: A vibrant economy for New Hanover County based on business success.)  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.) Z-965, (12/16) Page 6 of 7  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.)  Goal XVI: Increase public safety by reducing crime through the built environment. (Desired Outcome: New development patterns that focus on increased public safety.)  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 quality development and industries.) Staff Analysis Commercial uses, such as the proposed storage facility, are allowed within the Community Mixed Use place type. The proposed development will provide a service to nearby residents that will minimize vehicle trips and miles traveled and is designed to limit potential safety concerns for nearby residents. While the proposed development is consistent with the types of uses allowed in the Community Mixed Use place type and will advance several of the land use plan’s goals, standalone storage facilities do not fully align with the ultimate vision and desired outcomes outlined in the land use plan for this place type. The Community Mixed Use place type is envisioned as an area that provides needed services to nearby residents, allowing them to walk and bike to meet many of their daily needs, namely retail, entertainment, and employment. While storage facilities provide a service for residents, they are not usually accessed by foot or bicycle and do not create the type of development pattern intended by this place type. Overall, the proposed rezoning is consistent with the 2016 Comprehensive Land Use Plan as commercial development is encouraged in the Community Mixed Use place type. The proposed use minimizes vehicle trips for nearby residents and is designed to promote safety for customers and nearby residents. While the project does not include the pedestrian and bicycle amenities promoted in the plan, those facilities are typically not incorporated in the design for this type of use, which relies on motor vehicles to transport goods for storage, or this location, which is along a corridor with no existing multi-modal infrastructure or destinations. 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, October 25, 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. Modifications were made to the proposed site plan as a result of the meeting. Z-965, (12/16) Page 7 of 7 PLANNING BOARD ACTION: The application was heard by the Planning Board at their December 1, 2016 meeting. One adjacent property owner spoke in reference to the application. While the property owner favored this proposal to the development currently approved for the property (a mixed-use apartment building), he had concerns regarding buffering and stormwater control. 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 commercial uses are appropriate within the Community Mixed Use place type, and because the proposed development is consistent with the recommended intensity of the Community Mixed Use place type. 2. Reasonable and in the public interest because the proposed development will provide a service to nearby residents that will minimize vehicle trips and miles traveled. Conditions: 1. The business shall be subject to the following hours of operation: a. Staff Office i. 9:00 a.m. to 6:00 p.m. – Weekdays ii. 9:00 a.m. to 4:00 p.m. – Saturdays iii. 10:00 a.m. to 2:00 p.m. – Sundays b. Gate Access by Security Code i. 6:00 a.m. to 10 p.m. - Daily 2. 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. 3. The yards along Carolina Beach Road and Radnor Road shall be bordered with min. 6' high decorative aluminum fencing. The required streetyard plantings along Carolina Beach Road shall be supplemented by an evergreen low buffer consistent with the parking lot screening requirements of Section 62.1-5 of the Zoning Ordinance. In addition, a 20’ wide buffer strip, consistent with Section 62.1-4 of the Zoning Ordinance, shall be planted along Radnor Road. STAFF RECOMMENDATION: Staff recommends approval 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. 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.