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HomeMy WebLinkAboutZ17-09 Staff Summary PBZ17-09 Staff Summary Page 1 of 8 STAFF SUMMARY OF Z17-09 CONDITIONAL USE ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z17-09 Request: Conditional Use R-15 Zoning District in order to develop a community boating facility consisting of 98 boat slips. Applicant: Property Owner(s): Frank Braxton of Coastal Land Design Corbett Package Company Location: Acreage: 100 block of Brentwood Drive 129.3 acres PID(s): Comp Plan Place Type: R04100-001-002-000 Conservation Existing Land Use: Proposed Land Use: Undeveloped Community Boating Facility Current Zoning: Proposed Zoning: I-2 (CUD) R-15 SURROUNDING AREA LAND USE ZONING North Undeveloped I-2 East Undeveloped R-15 South Undeveloped I-2, IND (City) West NE Cape Fear River/Manufacturing I-2 Z17-09 Staff Summary Page 2 of 8 ZONING HISTORY July 1, 1972 Initially zoned I-2 (Area 9A) COMMUNITY SERVICES Water/Sewer The development plans to utilize CFPUA water and a private septic system. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightboro Elementary, Eaton Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The vast majority of the property contains brackish marsh which is subject to the standards of the Conservation Overlay District. Historic The marsh areas of the property were once used for rice production. Archaeological No known archaeological resources Z17-09 Staff Summary Page 3 of 8 PROPOSED SITE PLAN  The proposed development consists of a 6-foot-wide, 261-foot-long boat dock containing 98 boat slips. The dock is connected to a 7.45-acre island of uplands (Corbett Island).  The island will contain an open air pavilion containing bathrooms, group picnic areas, canoe launches, and bike/walking trails.  Access to the island will be provided by a 10-foot-wide boardwalk which spans approximately 1,400 feet east to a proposed 98 lot single family subdivision (Sea Breeze). The proposed subdivision is located within land already zoned R-15, and therefore, it is not included within this rezoning application. The subdivision will be reviewed by the TRC in July.  The community boating facility is a private, non-profit facility with no commercial activities being permitted. Each boat slip will be reserved for the home owners within the proposed subdivision.  Of the 129.3 acres included within the application, 121.85 acres will be preserved in conservation space.  The proposed community boating facility and boardwalk must obtain applicable permits from the NC Division of Coastal Management and the US Army Corps of Engineers. Plan illustrating the community boating facility, Corbett Island (7.45 acres), the conservation space (121.85 acres), and the proposed 98 lot subdivision. Z17-09 Staff Summary Page 4 of 8 Above: Map highlighting the property included within the rezoning application (Tract A) Below: Plan illustrating the proposed development on Corbett Island. Z17-09 Staff Summary Page 5 of 8 TRANSPORTATION  Access is provided to the subject property through a proposed subdivision that connects to Brentwood Drive (SR 1313).  As the community boating facility is a private facility with no commercial activities being permitted, it is not expected to generate any additional trips outside of those generated by the proposed subdivision. Therefore, a Traffic Impact Analysis was not required to be completed for this application.  The traffic count at the 1600 block of Castle Hayne Road (between Brentwood Drive and Division Drive) was 12,876 in 2015. ENVIRONMENTAL  The entire property is located within a Special Flood Hazard Area. The vast majority of the property is within a AE flood zone (100-year floodplain), and a portion of the island is located within a Shaded X flood zone (500-year floodplain). The proposed preliminary flood study will remove the Shaded X zone and place the entire property in an AE zone.  The property contains regulated wetlands which will be preserved in conservation space.  The property is located within a Natural Heritage Area, specifically the Northeast Cape Fear River Floodplain. This Natural Heritage Area is classified as exceptional, meaning it may contain at minimum 10 rare plant and animal species. Potential impact to any endangered species will be reviewed during the CAMA Major permitting process for the facility.  The subject property is split between the Smith Creek (SA;HQW) and Ness Creek (C;Sw) watersheds.  Soils on the property consist of Class IV (unsuitable) soils. 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. Z17-09 Staff Summary Page 6 of 8 Future Land Use Map Place Type Conservation Place Type Description Covers areas of natural open space and is intended to protect the natural environment, water quality, and wildlife habitats that serve the public through environmental education, low-impact recreation, and in their natural beauty. Protection may also extend to important cultural or archaeological resources and to areas where environmental hazards are known to exist. Increased density would be discouraged, and low impact development methods would be required. Such requirements place limits on development to ensure the protection of resources. Consistency Analysis The proposed community boating facility is consistent with the Conservation place type because it is low-impact recreation. Relevant Goals of the Comprehensive 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 business based on New Hanover County’s rich history, natural environment, and unique features Consistency Analysis: While the emphasis of this goal is on public spaces, it does allow for private access to water resources. The proposed use will satisfy the riparian access needs of private property owners and is a shared boating facility instead of individual boating docks, as recommended for this place type. Goal X: Conserve environmentally critical areas Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy watersheds, and maintenance of critical habitats Consistency Analysis: Development of this environmentally sensitive area will be limited to a community boating facility, non-paved trails, and picnic areas. 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 proposed facility includes non-paved trails that can encourage walking to this community amenity. Z17-09 Staff Summary Page 7 of 8 Staff Consistency Recommendation The proposed community boating facility is consistent with the goals of the 2016 Comprehensive Plan because it provides low-impact recreation in an environmentally sensitive area. COMMUNITY MEETING NOTES  A community meeting was held on Tuesday, June 6, 2017 in accordance with the requirements for such an application.  The applicant has provided a summary of the meeting within the application.  No modifications were made to the site plan as a result of the community meeting. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Zoning District. Staff concludes that the request is consistent with the requirements of the Zoning Ordinance and also the 2016 Comprehensive Plan, finding that the application is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal would provide low-impact recreation in an environmentally sensitive area. 2. Reasonable and in the public interest because the proposal will preserve over 100 acres of an environmentally sensitive area in its natural state. 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. 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 CFPUA and Health Department’s standards. B. The subject property is located in the New Hanover County North Fire Service District, and the community boating facility, and its access, must comply with Fire Services’ standards. C. The community boating facility will not be used for commercial purposes. D. All structures must comply with the county’s Flood Damage Prevention Ordinance. E. 121.85 acres of the property’s 129.3 acres will be preserved in conservation space. F. The community boating facility must be reviewed and obtain applicable permits from the NC Division of Coastal Management and the US Army Corps of Engineers. Z17-09 Staff Summary Page 8 of 8 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. Community boating facilities are allowed by Special Use Permit in the R-15 zoning district. B. The site design complies with the standards of Section 72-37 of the Zoning Ordinance. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. 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 surrounding land uses predominately include undeveloped land and industrial uses. B. 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 community boating facility as Conservation, and the proposal aligns with the intent of the Conservation land use classification because it provides for low-impact recreation. Additionally, the proposal supports other policies of the 2016 Comprehensive Plan, including preserving environmentally critical areas and protecting water quality. 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. The proposed development must be constructed in accordance with the preliminary flood insurance rate maps.