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Z-958M Staff Summary BOCZ-958M, (3/17) Page 1 of 10 Z-958M STAFF SUMMARY CONDITIONAL USE ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z-958M, 3/17 Request: Modification of an existing Conditional Use District in order to increase the number of units from 80 to 96. Applicant: Property Owner(s): Cindee Wolf of Design Solutions Lawrence Lawson Heirs Location: Acreage: 4713 Carolina Beach Road 6.9 acres PID(s): Comp Plan Place Type: R07100-003-009-000 Community Mixed Use & General Residential Existing Land Use: Proposed Land Use: Undeveloped High Density Development Current Zoning: Proposed Zoning: (CUD) R-10 (CUD) R-10 SURROUNDING AREA LAND USE ZONING North Belle Meade Apartments, Belle Meade Village Community Business (CB), R-10 (Wilmington) East Undeveloped R-15, Multi-Family – Low Density (MF-L) South Silver Lake Baptist Church R-15 West Office Uses (CZD) O&I Z-958M, (3/17) Page 2 of 10 ZONING HISTORY April 7, 1971 Initially zoned R-15 December 1, 2008 4.5 acres of the property were rezoned to (CZD) B-1 (Z-891) May 2, 2016 Rezoned to (CUD) R-10 in order to allow for the development of a high density development consisting of 80 units. COMMUNITY SERVICES Water/Sewer The development will connect to CFPUA water and sewer services. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Myrtle Grove Station Schools School Total Capacity w/Mobiles +/- Capacity CRECC 114 115 -1 Bellamy 630 524 106 Codington 594 481 113 Myrtle Grove 746 674 72 Ashley 1971 1786 185 Recreation Arrowhead Park & Southgate Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z-958M, (3/17) Page 3 of 10 TRANSPORTATION  Access is provided to the subject property by Sikes Drive. Sikes Drive has been dedicated as a public street, however, it has not at this time been accepted into Wilmington’s maintenance system.  The proposed development will also provide two parking lot cross-accesses to the existing Belle Meade apartment complex.  The development will install sidewalks along all drives and Sikes Drive, connecting to the existing sidewalks along the street. Also, the development will install a multi-use path in accordance with the Wilmington/NHC Comprehensive Greenway Plan.  A bus stop for Route 201 is located north of the subject property. Traffic Count - 2015 Road Location Volume Capacity V/C LOS Carolina Beach Road 5000 Block 29,430 29,300 1.004 F Trip Generation LAND USE INTENSITY AM PEAK PM PEAK Apartments (220) 96 dwelling units 49 60  Traffic Impact Analysis are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. ENVIRONMENTAL  The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas.  The subject property is within the Bernards Creek (C;Sw) watershed.  Soils on the property consist of Class I (Suitable/Slight Limitation) Class II (Moderate Limitation), and Class III (Severe Limitation) soils, 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. CURRENT APPROVED SITE PLAN & CONDITIONS Z-958M, (3/17) Page 4 of 10  The current approval allows for the development of a high density development consisting of 80 units (11.6 du/ac).  The following conditions were placed the current approval: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right-of-way. 2. A 10’ multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. 3. Sikes Drive from Tract 7 Biddle Subdivision to St. Andrews Drive shall not be opened for access for the benefit of the subject property until a Certificate of Occupancy has been issued pertaining to the development on the subject property. Proposed Site Plan  The proposed site plan modifies the layout and increases the number of units to 96, for a density of 13.9 du/ac.  The site plan’s compliance with the Zoning Ordinance is contingent on a related text amendment application (TA17-01) being considered by the Board of Commissioners. The site plan does not comply with the height and buffer requirements of the current regulations. Z-958M, (3/17) Page 5 of 10 2016 COMPREHENSIVE LAND USE 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.  The subject parcel is classified as two different place types on the Future Land Use Map— Community Mixed Use and General Residential. The map’s place type designations are not parcel specific, and in general, Community Mixed Use areas abut major transportation corridors while General Residential areas are near existing lower density residential development. For the proposed development, staff has reviewed the section southwest of Sikes Dr. for consistency with Community Mixed Use and the northeast section with General Residential. Because the majority of the development is Community Mixed use and the subject site abuts Carolina Beach Rd, the application was reviewed for consistency with goals relevant for the Community Mixed Use place type. Future Land Use Map Place Type Community Mixed Use & General Residential Place Type Description Community Mixed Use: 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 appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. General Residential: Focuses on lower-density housing and associated civic and commercial services. Housing for the area is typically single-family or duplex. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Recommended types of uses include single-family residential, low-density multi-family residential, light commercial, civic, and recreational. Z-958M, (3/17) Page 6 of 10 Consistency Analysis The proposed development is consistent with the recommended place types. Higher density residential is an appropriate use in the Community Mixed Use place type, and recreational areas, such as the one northeast of Sikes Dr., are encouraged in General Residential designated places. 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: Higher density residential development provides nearby consumer support of office and retail businesses, which are encouraged in the Community Mixed Use place type and growth nodes of the county. 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 sectors Consistency Analysis: The infill location and density of the proposed development efficiently uses existing infrastructure. The site’s design includes connections with an existing street network and provides for a portion of the multi-use path recommended along Carolina Beach Rd. The subject property is adjacent to the Monkey Junction growth node, and the higher density proposed will assist in meeting the densities required to sustain future transportation infrastructure and networks in this area. 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. Consistency Analysis: The proposed site design includes street connectivity, provides sidewalks, and includes provisions for the multi-use path recommended along Carolina Beach Rd. These connections can encourage bicycle and pedestrian transportation modes of travel to the Monkey Junction growth node and other areas identified for targeted growth. Higher density multi- family in this location will also assist in providing the densities that could support transit improvements in the future. Goal IX: Promote environmentally responsible growth Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources Z-958M, (3/17) Page 7 of 10 Consistency Analysis: The recommendation strategies and guidelines for this goal include encouraging infill and redevelopment to strengthen existing communities and maximize the use of properties for the highest and best use. The increased residential density on the subject site maximizes the use of the property, while the siting of recreational areas adjacent to existing lower density residential increases the project’s compatibility with that development pattern. Goal XVI: Increase public safety by reducing crime through the built environment Desired Outcome: New development patterns that focus on increased public safety Consistency Analysis: The proposed sidewalks and multi-use path will assist in meeting this goal’s implementation strategy of encouraging a walkable community that creates more human interaction between neighbors (eyes on the street/social space) to increase public safety. Also, it will provide a safe place for pedestrians and cyclists. 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: The sidewalk, multi-use path, and recreation area components of the proposed site design all assist in encouraging an active lifestyle. An indoor recreational area is also indicated on the application. Goal XXI: Ensure NHC remains in attainment for air quality, in support of clean air and improved 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 development and industries Consistency Analysis: Two of the primary strategies for this plan goal are promoting compact development and encouraging development patterns conducive to pedestrian and bicycle use in order to reduce motor vehicle trips. This compact, multi-family residential infill development is adjacent to existing commercial areas including the Monkey Junction growth node. The infrastructure provided in the proposed site design will allow residents of this and nearby developments to access commercial services by foot or bicycle. Staff Consistency Recommendation The Belle Meade III application is consistent with the goals of the 2016 Comprehensive Plan. The proposed site design provides higher density residential infill and multi-modal connections to a designated growth node, which will assist in meeting the plan’s goals for business success, economic efficiencies for infrastructure, transportation alternatives, public health improvements, and reduction in vehicle miles traveled. Z-958M, (3/17) Page 8 of 10 PLANNING BOARD ACTION The Planning Board considered this application at their March 2, 2017 meeting. At the meeting, no one spoke in opposition to, or in favor of, the application. The Planning Board recommended approval (6-0) of the rezoning to the (CUD) R-10 district, finding that it 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 supports the small-scale, compact, mixed use development patterns that this place type promotes. 2. Reasonable and in the public interest because the development provides for increased density in an area best suited for development. The property is located in close proximity to water and sewer utilities, and pedestrian amenities. The development also supports efficient travel by providing interconnectivity to the surrounding properties. The Planning Board also recommended approval (6-0) of the Special Use Permit with the following conditions: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right-of-way. 2. A 10’ multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Zoning District. Staff concurs with the Planning Board’s statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. 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 April 3, 2017 Board of Commissioners meeting. These findings are contingent on a related text amendment application (TA17-01) being approved by the Board of Commissioners. Z-958M, (3/17) Page 9 of 10 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 Utility Authority’s standards. B. The subject property is located in the New Hanover County South Fire Service District. C. Access to the site will be provided by Sikes Drive, and through the existing Belle Meade apartment complex, which connects to Carolina Beach Road, an arterial street. D. The development will install sidewalks and a multi-use path, and will provide interconnectivity to the surrounding properties. 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 site design 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 would meet all of the required conditions and specifications of the Zoning Ordinance, provided text amendment application TA17-01 is approved. 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 and General Residential in the 2016 Comprehensive Plan. B. The surrounding land uses predominately include residential, including single-family and multi-family housing. 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 General Residential, and the proposal aligns with the intent of both classifications. Additionally, the proposal supports other policies of the 2016 Comprehensive Plan, including business success, economic efficiencies for infrastructure, transportation alternatives, public health improvements, and reduction in vehicle miles traveled. Z-958M, (3/17) Page 10 of 10 B. The proposed development will provide for alternative forms of transportation in compliance with the 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. Staff Suggested Conditions 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right-of-way. 2. A 10’ multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges.