Loading...
Z-962 Staff Summary PB3Z-962, (11/16) Page 1 of 7 Z-962 STAFF SUMMARY ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z-962, 11/16 Request: General use rezoning application proposing to rezone 13.98 acres from B-2 to R-10. Applicant: Property Owner(s): Frank Braxton and Bryan Hamby Holdings of TCM, Inc. Location: Acreage: 120 block of Battleship Road 13.98 acres PID(s): Comp Plan Place Type: R05300-001-002-000 Urban Mixed Use (approx. 13 acres) & Conservation (approx. 1 acre) Existing Land Use: Proposed Land Use: Undeveloped N/A Current Zoning: Proposed Zoning: B-2 R-10 SURROUNDING AREA LAND USE ZONING North Battleship North Carolina/Undeveloped B-2 East Downtown Wilmington/Cape Fear River Central Business District (CBD), Historic District- Overlay (HDO) South Undeveloped (Brunswick County) Industrial-General West Undeveloped (Brunswick County) Industrial-General Z-962, (11/16) Page 2 of 7 ZONING HISTORY July 1, 1972 Initially zoned I-2 December 7, 1998 Rezoned to B-2 (Z-639) COMMUNITY SERVICES Water/Sewer Plans have been approved by CFPUA to bring water and sewer service to the subject property. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station 12 Schools Wrightsboro Elementary, Eaton Elementary, Virgo Preparatory Academy, and New Hanover High schools Recreation Riverfront Park and Claude Howell Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation A small portion of the property is located within the Brunswick River/Cape Fear River Marshes Significant Natural Heritage Area Historic The surrounding portion of Cape Fear River consists of many sunken ships, including the tugboat Isco. Eagles Island also has a history with the Gullah Geechee culture. Archaeological TRANSPORTATION  Access is provided to the subject property by USS North Carolina Road (SR 1352) and Battleship Road (SR 1300).  The NHC/City of Wilmington Greenway Plan proposes that a greenway be installed along USS North Carolina Road. Z-962, (11/16) Page 3 of 7 Traffic Count - 2016 Road Location Volume Capacity V/C LOS USS North Carolina Road 120 Block 727 5,000 0.15 A ENVIRONMENTAL  Portions of the property are located within an AE Special Flood Hazard Area, with a Base Flood Elevation of 9 feet. The proposed preliminary flood maps expand this flood zone to cover the entire property.  Data provided by the North Carolina Department of Coastal Management show that portions of the property may be classified as wetlands, specifically depressional swamp forest. If the property is developed, additional verification of the potential wetlands must be conducted by the US Army Corps of Engineers during the permitting process.  Approximately 0.7 acres of the western portion of the property is classified as the Brunswick River/Cape Fear River Marshes Significant Natural Heritage Area in the New Hanover County Natural Area Inventory. The North Carolina Natural Heritage Program gives the Brunswick River/Cape Fear River Marshes area a collective rating of 2-Very High, meaning there are at minimum seven natural elements located within the area.  The subject property is within the Cape Fear River (SC) watershed.  The subject property contains Class IV (Unsuitable), and unclassified soils. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties, such as ones along public shorelines. Future Land Use Map Place Type Urban Mixed Use (approx.13 acres) & Conservation (approx. 1 acre, located in the southeastern corner of the property) Place Type Description The Urban Mixed Use place type promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. The Conservation place type includes areas of natural open space and are intended to protect the natural environment, water quality, and wildlife habitat. These areas should be reserved for low-impact recreation and environmental education. Consistency Analysis As the vast majority of the property is within the Urban Mixed Use place type, staff focused on the application’s consistency with that place type. If a development specific plan is submitted for the property, staff will review the potential impacts to the Conservation area. Z-962, (11/16) Page 4 of 7 Consistency Analysis On its own, the proposed residential rezoning does not allow for the mix of uses desired for this place type. In conjunction with the adjacent B-2 zoned parcel, a mixed use area would be possible, though it may not meet the density and mix of uses recommended in the plan. Relevant Goals of the Comprehensive Plan Goal I: Support business success Desired Outcome: A vibrant economy for New Hanover County based on business success. Consistency Analysis: Mixed use areas generally seek to provide sufficient residential density to support nearby commercial uses. While the R-10 zoning district is a higher density district, the developer has indicated that site restrictions requires smaller scale residential, which would not meet the objectives of the plan. Goal VI: Conserve and enhance our unique sense of place to attract individuals, companies, and organizations Desired Outcome: Enhance our reputation as a desirable community to live and operate a business based on New Hanover County’s rich history, natural environment, and unique features. Consistency Analysis: The location of this property along the Cape Fear River directly across from historic downtown Wilmington is highly visible. A general use rezoning provides insufficient information to determine whether future development of this area protects and enhances the tourism economic engine. In addition, there are no subsequent approvals required by the current zoning ordinance that would provide that safeguard. In addition, the adjacent Battleship is an important cultural resource and tourist destination that should be enhanced by any development of the subject property. A general use rezoning also does not highlight the rich history and natural resources of Eagles Island. 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. Z-962, (11/16) Page 5 of 7 Consistency Analysis: As a general use rezoning, the application provides no information on multi-modal features for the proposed residential development. Goal IX: Promote environmentally responsible growth Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources. Consistency Analysis: The small scale residential development described in the application would do little to accommodate population growth or meet other goals of the comprehensive plan but is located in an environmentally constrained, flood-prone area. 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. Consistency Analysis: One of the guidelines for this goal is to incentivize, through the development process, the inclusion of variety housing choices and opportunities in urban and community mixed use areas so that safe and conveniently located communities are available. As a general use rezoning, there is no mechanism for the County to incentivize diverse housing options for the proposed residential development. 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. Consistency Analysis: As a general use rezoning, the application provides no information on multi-modal features for the proposed residential development. Goal VII: Promote place-based economic development in the region that is tied to our natural resources Desired Outcome: Coordinate economic development efforts with New Hanover County’s naturally bio-diverse region and unique features. Consistency Analysis: Guidelines for this goal include identifying the environmental assets and locations where greenways, blueways, public access, and trails would enhance economic development while not diminishing the resource and providing for the protection and development of public shorefront and boat access. The general use residential rezoning of this project does not provide for economic development and gives no mechanism for the County to coordinate efforts with the developer. Goal X: Conserve environmentally critical areas Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy watersheds, and maintenance of critical habitats Consistency Analysis: Portions of the subject property are located within a Special Flood Hazard Area, and a Natural Heritage Area. The property also may contain regulated wetlands. As this is a general use rezoning, the County cannot evaluate potential impacts to these environmental features. Z-962, (11/16) Page 6 of 7 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 of current and future residents. Consistency Analysis: One of the primary implementation strategies for this goal is forming diverse partnerships to maximize utilization and improve access to recreation and cultural opportunities and assets for New Hanover County residents and visitors. Where development projects include protected cultural resources, such as the Battleship, they are encouraged to promote the resource as an asset to the development. While this Battleship is only adjacent to the subject site, it is an important cultural resource. As a straight rezoning, there is no way for the County to encourage the development to enhance the Battleship. Staff Consistency Recommendation The subject property has high-visibility, is located along a public shoreline, and is immediately adjacent to a historic area of the County with rich economic, natural, cultural, and historic resources. This general use rezoning application does not contain sufficient information or safeguards that these resources would be protected. In addition, the existing B-2 zoning district and the River Front Mixed Use zoning district allow for more opportunities for the type of development promoted by the Urban Mixed Use place type, even given the environmental constraints of the subject property. This application would be moving the County’s development pattern away from the direction outlined in the Comprehensive Plan’s vision. Therefore, this application is not consistent with the 2016 Comprehensive Plan. CREATE WILMINGTON COMPREHENSIVE PLAN Because the area is adjacent to the City of Wilmington, 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 they would not be supportive of a general/straight rezoning for the property. Specifically, the application would:  not support the tenet of a mixed use center/place;  not bring services closer to people, or people closer to services;  not be an appropriate development density; does not promote a more walkable or bikeable city, nor does it appear to be supported by walking or biking facilities;  not create or be supported by transit ready development; would not be supportive infill;  potentially support environmental or natural resource objectives. STAFF RECOMMENDATION Staff recommends denial of the application. Staff concludes that the application is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal will not support a mixture of compatible uses as encouraged in the Urban Mixed Z-962, (11/16) Page 7 of 7 Use place type, and because the R-10 zoning district has fewer opportunities for the type of development promoted by this place type. 2. Not reasonable and not in the public interest because the subject property has high-visibility, is located along a public shoreline and immediately adjacent to a historic area of the County with rich natural resources, and there is insufficient information in the application or to ensure that the County’s economic, cultural, and natural resources will be protected.