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HomeMy WebLinkAboutZ18-13 Staff Summary BOC 10.1.2018Z18-13 Staff Summary BOC 10.1.2018 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 Z18-13 Staff Summary BOC 10.1.2018 Page 2 of 8 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, non-binding site plan proposing to construct an early education facility (pre-school) on the property. Z18-13 Staff Summary BOC 10.1.2018 Page 3 of 8  A portion of 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 are subject to additional regulations for site design per Section 55.4 of the Zoning Ordinance, including a minimum building setback of 100’ from the property line along Market Street and a 25’ setback from all other property lines, limitation on signage to 6’ in height and 75 sq. ft. in area, and a 50% lot coverage limit for buildings.  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 Z18-13 Staff Summary BOC 10.1.2018 Page 4 of 8 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. Z18-13 Staff Summary BOC 10.1.2018 Page 5 of 8 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 BOC 10.1.2018 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. Z18-13 Staff Summary BOC 10.1.2018 Page 7 of 8 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. Z18-13 Staff Summary BOC 10.1.2018 Page 8 of 8 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. PLANNING BOARD ACTION The Planning Board considered this application at their September 6, 2018 meeting. The Board discussed potential impacts the proposal would have on the adjacent residential neighborhood, including traffic and exterior lighting. The applicant presented a concept plan for an early education facility which is one of the uses permitted in the proposed O&I district. One neighbor spoke in opposition, citing concerns regarding noise, light, and traffic impacts. The Planning Board recommended approval (7-0) finding 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 is 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. STAFF RECOMMENDATION Staff recommends approval of the application as stated in the Planning Board's action. 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.