HomeMy WebLinkAboutZ18-13 Staff Summary PB 9.6.2018Z18-13 Staff Summary PB 9.6.2018 Page 1 of 8
STAFF SUMMARY FOR Z18-13
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z18-13
Request:
Zoning Map amendment to rezone 2.66 acres from B-2 and R-15 to O&I
Applicant: Property Owner(s):
Bayshore Estates, Inc. Bayshore Estates, Inc.
Location: Acreage:
7900 Block of Market Street 2.66 acres
PID(s): Comp Plan Place Type:
R03600-005-020-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be
developed in accordance with the O&I district
Current Zoning: Proposed Zoning:
B-2 & R-15 O&I
SURROUNDING AREA
LAND USE ZONING
North Oak Grove Baptist Church, General Office Uses R-15, O&I
East Single-Family Residential R-15
South Marsh Oaks Clubhouse, Undeveloped R-15, B-2
West Porters Neck Tire & Auto, Liberty Tavern B-2
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ZONING HISTORY
July 6, 1971 Initially zoned R-15 (Area 5)
June 19, 1978 A portion of the property was rezoned to B-2 (Z-41).
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Ogden
Schools Ogden Elementary, Eaton Elementary, Trask Middle, and Laney High schools
Recreation Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
ZONING ORDINANCE CONSIDERATIONS
Because this is a general map amendment and not a conditional rezoning, uses that would
be allowed on the property are those allowed by right or by Special Use Permit in the
O&I district based on the Table of Permitted Uses in the Zoning Ordinance. Uses permitted
in the O&I district generally include a variety of professional and medical offices, and
educational and religious related uses.
Staff has provided preliminary comments on a conceptual site plan proposing to construct
an early education facility on the property.
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The property is located within a Special Highway Overlay District (SHOD) that extends
500’ from the right-of-way of Market Street. Areas of parcels within the SHOD, including
the entirety of the subject parcel, are subject to additional regulations for site design per
Section 55.4 of the Zoning Ordinance, including a minimum building setback of 25’ from
the northern and eastern property lines, limitation on signage to 6’ in height and 150 sq.
ft. in area, and lot coverage limit for buildings of 50%.
Development within the proposed O&I zoning district would require additional building
setbacks and landscaping buffers along the adjacent R-15 zoned property. Specifically:
o The building setback required along the side property lines adjacent to the R-15
zoning would be a minimum of 25’ or 2.75 x Building Height, whichever is greater.
The side setback would be 20’ along the northern property line adjacent to the
Oak Grove Baptist Church, as the church is a non-residential use.
o The building setback requirement increases along rear property lines adjacent to
the R-15 zoning to a minimum of 30’ or 3.73 x Building Height, whichever is greater.
o Landscaping buffers would be required between the development and the
residential properties. The buffers must be at minimum 20’ in width and provide
100% opacity.
o In addition, all lights must be shielded in a manner so that light from the fixture
does not directly radiate into adjacent property.
TRANSPORTATION
Access is provided to the subject property by Market Street (US BUS 17) and Marsh Oaks
Drive (SR 2734).
Traffic impacts are analyzed at the time a development is proposed. Any use that exceeds
100 AM or PM peak hour trips will be required to have an approved Traffic Impact
Analysis (TIA) prior to development. Even if a TIA is not required, improvements may be
required when any proposed use is reviewed by NCDOT during the driveway permitting
process.
Traffic Counts – October 2017
Road Location Volume Capacity V/C
Market Street 8000 Block 41,474 43,700 0.95
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Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
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Proposed
Development Land Use/Intensity TIA Status
1. Bailey Shoppes on
Market
4,800 sf of Office
6,600 sf of Shopping Center
1,200 sf of Fast Food
Restaurant with Drive-Thru
2,400 sf of High-Turnover
Restaurant
Approved February 20,
2018
2018 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a southbound right-turn lane from Bump Along Road to Mendenhall Drive
Installation of a traffic signal at a future u-turn movement to be located approximately
800 feet south of Alexander Road
Nearby Proposed Developments included within the TIA:
Aldi at Marsh Oaks
Amberleigh Shores Phase 2
Development Status: No construction has started at this time.
2. Oak Landing
Shopping Center
4,100 sf Harris Teeter
Expansion
Outparcel 4: 16,000 sf
Office/Restaurant
Outparcel 5: 10,000 sf
Retail/Restaurant
10 fuel pump stations
Approved May 15, 2017
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a westbound left turn lane on Porters Neck Road to a site access. This
improvement must be installed in accordance with NCDOT’s standards prior to a
certificate of occupancy being issued for the fuel pumps or outparcel developments.
Nearby Proposed Developments included within the TIA:
None
Development Status: The fuel pumps and one outparcel are under construction.
Z18-13 Staff Summary PB 9.6.2018 Page 6 of 8
3. Aldi at Marsh Oaks 18,900 square foot discount
supermarket Approved July 6, 2016
The TIA required improvements be completed at certain intersections in the area. The major
improvements consisted of:
Installation of an eastbound right turn lane on Marsh Oaks Drive to a site access
Per NCDOT, the improvements required at this time have been installed in accordance with their
standards.
Nearby Proposed Developments included within the TIA:
US 17 retail – Walmart Shopping Center (Bayshore Commons) - accounted for in annual
growth rate
Development Status: Completed
4. Amberleigh Shores
– Phase 2 288 apartment units
TIA Approved November 3,
2016
2018 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The major
improvements consist of:
Installation of a southbound left turn lane on Market Street to Marsh Oaks Drive
Installation of an eastbound right turn lane on Marsh Oaks Drive to a site access
Extension of an existing right-turn lane on Market street to serve an existing site access
In addition, improvements will be made with STIP Project U-4902D (Market Street median) that
will support the traffic generated by the development. Construction of the development and
required transportation improvements have not started at this time.
Nearby Proposed Developments included within the TIA:
None
Development Status: No construction has started at this time
Two projects are included in State Transportation Improvement Program that will impact the portion
of Market Street near the subject property:
STIP Project U-4751
o Extension of Military Cutoff Road from Market Street to I-140. Construction is underway.
STIP Project U-4902D
o Installation of a center median on Market Street from Middle Sound Road to Marsh Oaks
Drive. Also includes the installation of a sidewalk on the western side of Market Street
and a multi-use path on the eastern side. Construction is expected to begin in early 2019.
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ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
The property is within the Pages Creek (SA;HQW) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class I (suitable/slight limitation), and Class II (moderate limitation)
soils. However, development of the subject property must connect to CFPUA services.
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.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
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.
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Analysis
The subject property is located near the intersection of Market St., Marsh
Oaks Dr., and Mendenhall Dr. It is immediately adjacent to existing
commercial and civic uses and a residential neighborhood near the Porters
Neck Urban Mixed Use area and growth node. Uses of this property that
provide for the needs of adjacent residential neighborhoods and/or
provide an orderly transition to the adjacent lower density residential areas
would support the integration of uses and development patterns
encouraged in the Comprehensive Plan. Because this area already provides
the type of use mix intended for a Community Mixed Use area within close
proximity, commercial, civic, office, and residential uses could all be
appropriate. The requested O&I rezoning could allow for many of these
uses, and O&I is one of the typical zoning categories identified for the
Community Mixed Use place type.
Consistency
Recommendation
The proposed O&I rezoning is generally CONSISTENT with this place type
because it allows the types of office, civic, and residential uses
recommended in the Comprehensive Plan and is identified as a typical
zoning category for the Community Mixed Use place type.
STAFF RECOMMENDATION
Staff recommends approval of the application. Staff concludes that the application is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the O&I
zoning district allows for the types of uses recommended by the Comprehensive Plan for this
area, and is identified as a typical zoning category for the Community Mixed Use place
type.
2. Reasonable and in the public interest because the proposal immediately adjacent to existing
commercial and office uses and will provide protection for the adjacent residential areas
through the site design requirements of the Zoning Ordinance.