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Z17-02 Staff Summary PBZ17-02 Staff Summary Page 1 of 9 STAFF SUMMARY OF Z17-02 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z17-02 Request: Conditional zoning district application proposing to rezone 13.98 acres from B-2 to (CZD) R-10 Applicant: Property Owner(s): Joseph Taylor, Jr., 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 Conventional Subdivision consisting of 15 single-family lots Current Zoning: Proposed Zoning: B-2 (CZD) 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 Z17-02 Staff Summary Page 2 of 9 ZONING HISTORY July 1, 1972 Initially zoned I-2 (Area 9A) 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 had a historical association with the Gullah Geechee culture. Archaeological Z17-02 Staff Summary Page 3 of 9 PROPOSED SITE PLAN  The proposed development consists of a 15 lot single-family subdivision. Under this application, the riverfront lots would be allowed to construct private piers/docks into the Cape Fear River after obtaining all applicable permits. 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. Trip Generation LAND USE INTENSITY AM PEAK PM PEAK Single-Family Residential 15 Dwelling Units 11 15 Z17-02 Staff Summary Page 4 of 9 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.  Regulated wetlands are located on the site and the applicant has obtained a Jurisdiction Determination from the US Army Corps of Engineers. The regulated wetlands are illustrated on the conceptual site plan.  The proposed subdivision will allow for individual piers to be constructed for the 13 riverfront lots. These piers would each require a CAMA Major Permit, which is reviewed by multiple state and federal agencies, including the NC Department of Natural and Cultural Resources. Any potential impacts to archaeological or historic artifacts located on or near the subject property are examined during the review process for this permit.  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 “Very High”, meaning there are at minimum seven natural elements located within the area. It also has a representational rating of “Exceptional”, meaning the Natural Heritage Area contains one of the best two examples of certain natural elements. o The majority of the land within the Natural Heritage Area is within the proposed open space for the subdivision. Approximately 0.2 acres is located within buildable lots. The proposed residential subdivision should have minimum impact on the area, however, an examination of the property for rare animal and plant species has not been conducted.  Potential groundwater and soil contaminants have been located on the adjoining lot to the north. The owner of the subject site has obtained a brownsfields agreement with the NC Department of Environmental Quality. This agreement defines activities needed to make the site suitable for reuse. Provided the proposed development complies with the standards of the agreement, the property could be used for single-family residential, high density residential with amenities for residents, retail, restaurant, office, hotel, recreation, open space, parking, and subject to DEQ’s prior written approval, other commercial uses.  The subject property is within the Cape Fear River (SC) watershed.  The subject property contains Class IV (Unsuitable), and unclassified soils. Z17-02 Staff Summary Page 5 of 9 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 On its own, the proposed residential rezoning does not provide 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. Less than 10% of the property is classified as Conservation. This area is located at the rear of seven of the riverfront lots, which have been identified as regulated wetlands. Any potential development of this area should be limited to low-impact recreational development, that has minimal impact on the area. 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. Z17-02 Staff Summary Page 6 of 9 Relevant Goals of the Comprehensive Plan 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 developer will be paying for the extension of water and sewer under the Cape Fear River, and it is the responsibility of Cape Fear Public Utility to approve or disapprove such water and sewer expansions because it would ultimately be responsible for servicing and maintaining the line. One of the reasons this area was classified as Urban Mixed Use was to ensure that the provision of utilities would provide a sufficient number of users so the long term maintenance expense of an underwater line would be cost-effective and not burden the system or other customers. 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 and 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. The applicant has indicated that the development will be architecturally-controlled to ensure that it enhances the tourism economic engine; however, no draft architectural guidelines, visualizations, or other information were included in the rezoning application. Without such documents or appropriate conditions placed on any approval, the applicant or future land owners could build any type of structure that meets building codes. In addition, the comprehensive plan recommends allowing uses of public trust waters that provides benefits to the public and satisfy riparian access needs of private property owners while encouraging shared boating facilities instead of individual boating piers. Without appropriate conditions, each individual lot owner facing the river would be allowed to build a private dock, as long as they met CAMA and other requirements, and there would be no provision for public access like there is along the east side of the river. Along with its rich history, Eagles Island is also unique due to its natural features. Without appropriate conditions, individual lot owners would be allowed to remove significant vegetation, even within the Conservation Overlay District. 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: An easement for the multi-use path recommended in the Wilmington/New Hanover County Greenway Plan is provided on the south side of USS North Carolina Rd. Sidewalks are required along Battleship Road to serve the proposed residential lots, however the Ordinance allows for TRC to exempt sidewalk installation in specific cases. Z17-02 Staff Summary Page 7 of 9 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 and it is located in an environmentally constrained, flood-prone area. Goal X. Conserve environmentally critical areas Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy watersheds, and maintenance of critical habitats Consistency Analysis: The proposed development is provides low density in a flood prone area. Without appropriate conditions, however, individual lot owners would be allowed to remove significant vegetation, even within the Conservation Overlay District shown on the map. 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 cultural opportunities for New Hanover County residents and visitors 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 the Battleship is only adjacent to the subject site, it is an important cultural resource. The application for the proposed development does not include information on features that might enhance the Battleship. 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 mentioned previously, the proposed site plan includes an easement for the multi-use path recommended in the Greenway Plan and a sidewalk may be required along Battleship Rd. Staff Consistency Recommendation The proposed single-family zoning district is not consistent with the goals of the 2016 Comprehensive Land Use Plan because it is moving the County’s development pattern away from the direction outlined in the Future Land Use Map. This high-visibility property across from historic downtown Wilmington was envisioned as a mirror for the downtown area, providing sufficient public access to enhance the adjacent Battleship and density to make public investments cost-effective. The River Front Mixed Use zoning district was specifically created for properties within this area. Z17-02 Staff Summary Page 8 of 9 In addition, it is located along a public shoreline and it includes rich natural resources. However, the application includes no safeguards to ensure that this “architecturally-controlled” subdivision will be compatible with the adjacent historic and cultural resources, does not promote public access to the public shore, and would allow individual residential property owners to remove vegetation in the Conservation Overlay District shown on their map. 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 this proposed development of 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 of a low-density residential subdivision will not support a mixture of compatible uses as encouraged in the Urban Mixed Use 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 a low-density residential subdivision limit the potential for this area to provide and promote economic, cultural, and natural resources to all residents of New Hanover County. POTENTIAL CONDITIONS Should the Planning Board wish to recommend approval of the application, staff has identified potential items that may be appropriate to attach as conditions. Please note that all conditions must be mutually agreed upon with the applicant. 1. Architectural Design Standards. While the applicant has noted that the proposed subdivision will be an “architectural controlled residential neighborhood”, they have not provided any renderings or architectural guidelines for the dwellings. If this application is approved as submitted, there would be no architectural standards required for the dwellings. 2. Pedestrian/Public Access. One of the main benefits of the mixed use development pattern is that residents can get to services by alternative forms of transportation, like walking or biking. The property, with its location adjacent to The Battleship along the Cape Fear River, has great potential to be developed with a mixture of supportive and compatible uses that Z17-02 Staff Summary Page 9 of 9 would promote the resources of the area, including Downtown Wilmington. Wilmington’s Riverwalk, for example, is a great example of how a public pedestrian access has been a benefit to the surrounding businesses and residents. In order to ensure public pedestrian access, like sidewalks, a boardwalk, or a boating dock, a condition must be agreed upon with the applicant. 3. Conservation of Wetlands & Significant Trees. Under the County’s ordinances, there is allowances for the wetlands and significant trees to be removed, including within in the areas shown as COD on the plans. A condition would need to be agreed upon to ensure protection of these areas. 4. Construction of the Dwellings in Accordance with the Preliminary Flood Maps. Currently, a portion of the property is not within a Special Flood Hazard Area. However, the preliminary maps are currently proposing that the entire site be placed under an AE Special Flood Hazard Area. By constructing all the dwellings to the proposed preliminary maps, this will provide better safety to the residents and reduce non-conforming situations. 5. Shared Boating Facilities instead of individual piers/docks. Goal VI.A.3 of the Comprehensive Plan states: Allow uses of estuarine and public trust waters that provide benefits to the public and satisfy riparian access needs of private property owners while encouraging shared boating facilities instead of individual boating docks.