HomeMy WebLinkAboutZ18-14 Staff Summary PB - 10.17.18 meetingZ18-14 Staff Summary 10.17.2018 PB Meeting Page 1 of 11
Z18-14 STAFF SUMMARY
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z18-14
Request:
Rezoning to (CZD) B-2 for up to 150,000 sq. ft. of buildings
Applicant: Property Owner(s):
College Road Development Partners, LLC College Road Development Partners, LLC
Location: Acreage:
2608 N. College Road 8.04 acres
PID(s): Place Type:
R03408-001-002-000
R03408-001-003-000
R03408-001-004-000
Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped (previously approved for 88
apartment units)
The majority of uses allowed in B-2 would be
permitted with limited exceptions
Current Zoning: Proposed Zoning:
(CUD) R-10 Conditional Use Zoning District (CZD) B-2
BRIEF HISTORY
This case was continued at the September 6, 2018 Planning Board meeting. On September 4,
2018, the Board of Commissioners tabled a request to revert the subject property to B-2 and R-15
zoning. Concern was expressed about the breadth of uses that could be permitted by-right in the
B-2 zoning, including self-storage.
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SURROUNDING AREA
LAND USE ZONING
North Institutional (Laney High School) R-15
East Single Family Residential R-15
South Commercial (Taco Bell)
B-2
West Mostly Undeveloped; Barber Shop, Electronics Repair
Shop R-15, O&I
ZONING HISTORY
July 7, 1972 Initially zoned R-20
July 13, 1998 300’ strip adjacent to N. College Rd rezoned to B-2
May 2, 2016 Rezoned from B-2 and R-15 to (CUD) R-10 for 88 apartments
April 3, 2017 Request to rezone to (CZD) B-2 denied (Case Z17-01)
September 4, 2018 Request to revert to B-2 and R-15 tabled by Board of Commissioners
(Case Z18-12)
COMMUNITY SERVICES
Water/Sewer Water and Sewer is available through CFPUA
Fire Protection New Hanover County Fire Services, New Hanover County North Fire
District
Schools Castle Hayne Elementary, Eaton Elementary, Trask Middle, and Laney High
schools
Recreation Olsen Park
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CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Z-951 REZONING PROPOSAL (FROM 2016)
A (CUD) R-10 Conditional Use Zoning District was approved for the subject site on May 2,
2016 and allows for an 88-unit apartment complex in four buildings on the site.
The following conditions were placed on the approved rezoning:
1. A 10’ multi-use path shall be installed along N. College Road in accordance with
the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-
use path shall be constructed to the adjoining properties and shall include any
necessary crosswalks, boardwalks, or bridges.
2. Existing vegetation must remain within the rear buffer and be supplemented as
necessary to provide the 100% visual opacity requirement.
Z17-01 REZONING PROPOSAL (FROM 2017)
A request to rezone the property from the (CUD) R-10 to (CZD) B-2 was submitted in
February 2017 (Case Z17-01).
The proposal included 72,850 square feet of self-storage units in four buildings, along with
access drives and parking to serve the development.
The rezoning request was recommended for approval by the Planning Board but denied by
the Board of Commissioners.
Z18-12 ZONING REVERSION REQUEST
Because the Z17-01 rezoning request was denied, the property remained in the (CUD) R-
10 Conditional Use Zoning District for 88 apartment units that was approved in 2016.
In July 2018, the property owner requested the property be reverted to the B-2 and R-15
zoning that was in effect on the property prior to the (CUD) R-10 pursuant to Section 55.2-
6(1) of the Zoning Ordinance.
The Planning Board recommended approval of the request at their August 2018 meeting.
The request was tabled by the Board of Commissioners at their September 6, 2018 meeting.
ZONING ORDINANCE CONSIDERATIONS FOR CURRENT PROPOSAL
The applicant’s conditional district proposal is different from typical conditional district
proposals in that it provides more general information and it proposes building areas and
a range of total building square footage along with a list of uses that would be not
permitted on the property.
Some of the uses proposed for limitation by the applicant are not permitted uses in B-2,
such as Junkyards, Adult Entertainment Establishments, and Group Homes.
Other uses proposed to be excluded include Electronic Gaming Operations, Bus and Taxi
Terminal, Demolition Landscape Landfill, Recycling Facilities, Stables, Mobile Home Dealers
and Prefab Building sales, Septic Tank Vacuum Service, Entertainment Establishments, Bars,
Cabarets, and Discos, Automobile Rentals, Manufacturing Uses, Vehicle Sales, Boat Sales,
and Kennels.
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Comparing the list of uses proposed to not be allowed with the Table of Permitted Uses in
the Zoning Ordinance, 77 uses would be permitted on the property; 71 uses would be
permitted by-right and 6 would require a special use permit. These uses include a broad
range of retail, services, storage, mini-warehousing, offices, and others:
Uses Permitted Based on Applicant’s Proposed Limitations B-2
1 Agricultural Uses P
2 Veterinaries P
3 Wholesale Nurseries & Greenhouses (12/13/82) P
4 General Building Contractor P
5 Landscaping Contractors (12/13/82) P
6 Special Trade Contractors P
7 Special Trade & General Contractors with no Outside Storage (12/5/88) P
8 Commercial Marina with Floating Structures (4/2/84) S
9 Commercial Marina (2/14/84) P
10 Dry Stack Storage of Boats: (1/7/08)
As a stand-alone warehouse P
As accessory to a marina P
11 Electric / Gas & Sanitary Services P
12 Electric Substations P
13 Mini-Warehouses P
14 Post Offices P
15 Recreational Vehicle and Boat Trailer Storage Lots (2/3/14) P
16 Telephone & Telegraph Facilities P
17 TV & Radio Broadcasting P
18 Warehousing P
19 Water Transportation Facilities P
20 Other Communication Facilities Including Towers (2/5/96) S
21 Antenna & Towers Less Than 70 Ft. In Height & Ancillary to the Principal Use (2/5/96) P
22 Cellular & PCS Antennas (See Section 63.5-1 (H) P
23 Amateur Radio Antennas (up to 90 ft.) (10/07) P
24 Wholesaling With No Outside Storage (11/2/81) P
25 Wholesaling Seafood With Water Frontage P
26 Apparel & Accessory Store P
27 Building Material & Garden Supplies P
28 Convenience Food Store (7/5/85) P
29 Drug Store P
30 Eating and Drinking Places P
31 Farm Implement Sales P
32 Food Stores P
33 Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale P
34 Furniture, Home Furnishing & Equipment P
35 General Merchandise Stores P
36 Handcrafting Small Articles P
37 Hardware P
38 Miscellaneous Retail P
39 Retail Nurseries (12/13/82) P
40 Historic Restaurant P
41 Boat Repair P
42 Barber / Beauty Shop (10/90, 7/10/06) P
43 Business Services Including Printing P
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Uses Permitted Based on Applicant’s Proposed Limitations B-2
44 Camping, Travel Trailer Parks (2/14/83) P
45 Drive-In Theater P
46 Electrical Repair Shop P
47 Equipment Rental & Leasing P
48 Funeral Home P
49 Hotels & Motels (12/13/82) P
50 Indoor Recreation Establishments P
51 Outdoor Recreation Establishments P
52 Indoor Theater (2/14/83) (NTE 3000SF) P
53 Parks & Recreation Area (4/2/07) P
54 Personal Services P
55 Resort Hotel / Motel (1/4/83) P
56 Watch, Clock, Jewelry Repair P
57 Child Care Center (10/7/13) P
58 Family Child Care Home (10/7/13) S
59 Libraries P
60 Museums (5/2/83) P
61 Churches P
62 Lodges, Fraternal & Social Organizations (5/2/83) P
63 Fraternities / Sororities, Residential P
64 Accessory Buildings or Uses, clearly incidental to the Permitted Use or Building (see Section 63.2) P
65 Christmas Tree Sales (7/6/92) P
66 Circuses, Carnivals, Fairs & Side Shows of No More than 30 Days Duration Per Year P
67 Dwelling Unit Contained within Principal Use(4/85) S
68 Evangelistic and Religious Assemblies not Conducted at a Church (7/6/92) P
69 Government Offices & Buildings P
70 Offices for Private Business & Professional Activities P
71 Pumpkin Sales (7/6/92) P
72 Principal Use Sign P
73 Research Facilities P
74 Single Family Dwelling S
75 Single Family Dwelling-Attached (1/4/82) S
76 Special Fund Raising for Non-Profit Organizations (7/6/92) P
77 Temporary Sign P
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The site plan included with the application indicates that between 75,000 and 150,000
square feet of total building area is proposed. As shown below, the site plan indicates two
areas for buildings with height limits of 14’ and 24’.
The site plan also shows a driveway to an area that is outside of the proposed building
areas that could accommodate such uses as storage that would not require a building. This
driveway would require an NC DOT driveway permit, and NC DOT previously commented
that this area of the site would need to be accessed internally.
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TRANSPORTATION
Access to the site is via an existing driveway serving the subject site as well as the existing
fast food restaurant (Taco Bell).
A Traffic Impact Analysis was completed for a development proposal on this property in
2013, which included a fast-food restaurant and a mixed-use building consisting of 120
dwelling units and office/retail space. The existing driveway and center turn lane were
installed after that TIA was performed.
An updated TIA was not required for the 2016 or 2017 rezoning proposals because the
proposed developments did not exceed 100 peak hour trips.
A bus stop for WAVE Transit route 207 is located on southbound N. College Road
approximately 500’ south of the property across from Long Ridge Drive.
Traffic impacts will be 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 Count – June 19, 2017
Road Location Volume Capacity V/C
N. College Road 2400 block 31,524 29,300 1.08
The wide variety of uses proposed includes high traffic-generating uses such as restaurants
and drug stores to low traffic-generating uses such as wholesale nurseries, mini-warehousing,
RV/boat storage, and funeral homes.
This area of N. College Road serves as a link for traffic from I-40 and northbound from
Wilmington to Northchase, Cape Fear Community College North Campus, and Castle
Hayne.
In front of the site, N. College Rd. has one northbound through lane and one southbound
through lane, a center turn lane, a right turn lane that continues to Laney High School, and
a right turn lane serving the existing driveway.
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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 will expire if the proposed development is not completed by the build out date
established within the TIA.
Proposed
Development Land Use/Intensity TIA Status
1. Dunkin Donuts 3,200 sq. ft. fast food
restaurant with drive-thru
TIA approved April 14, 2015
2016 Buildout year
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The TIA required improvements be completed at certain intersections in the area. The major
improvements consisted of:
Construct an eastbound right-turn lane with appropriate taper on Murrayville Road at
the shopping center driveway.
Per NCDOT, the improvements required at this time have been installed in accordance with their
standards.
Nearby Proposed Developments included within the TIA:
None
Development Status: Building Completed
Proposed
Development Land Use/Intensity TIA Status
2. State Employees
Credit Union
8,526 sq. ft. bank with drive-
thru
TIA approved December 17,
2015
2017 Buildout year
The TIA required improvements be completed at certain intersections in the area. The major
improvements consisted of:
Optimize signal timing at N. College Road and Northchase Parkway SE intersection.
Construct an eastbound right turn lane with 100’ of storage on Northchase Parkway SE
at the site driveway.
Per NCDOT, the improvements required at this time have not yet been installed in accordance
with their standards.
Nearby Proposed Developments included within the TIA:
None
Development Status: Building and site currently being developed.
ENVIRONMENTAL
Portions of the property are within the AE Special Flood Hazard Area with a Base Flood
Elevation of around 32 feet; the area around the stream is AE Floodway. All proposed
development will have to adhere to Flood Damage Prevention Ordinance standards at
time of development.
Stormwater management will be reviewed by the New Hanover County Engineering
Department and by the NC Department of Environmental Quality. Any development will
utilize, and improve as required, the existing stormwater pond located on the site.
The stream on the property is subject to additional buffering standards required by the
NC Division of Water Resources.
The subject property is within the Smith Creek (C;Sw) watershed.
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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.
Consistency
Analysis
Community Mixed Use areas are generally intended to include a mixture of
uses. The subject property is located along N. College Rd., immediately
adjacent to both existing auto-oriented businesses, Laney High School, and
a residential neighborhood. It is located at the edge of a commercial node
at N. College and Bavarian/Murrayville and near the Northchase planned
development. Uses of this property that would provide for the needs of
adjacent residential neighborhoods and/or provide higher density
residential housing to transition to the adjacent lower density residential
areas would support the integration of uses and development patterns
encouraged in the Comprehensive Plan. The requested conditional B-2
zoning district could allow for the types of commercial services appropriate
for a Community Mixed Use area at the edge of a node, and development
regulations would require landscaping buffers along residential properties,
visually separating and mitigating any effects for the adjacent
neighborhood.
Consistency
Recommendation
The proposed B-2 zoning district is generally CONSISTENT with this place
type because it would allow the types of services for nearby residents
recommended in the comprehensive plan.
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STAFF RECOMMENDATION
Staff recommends approval of the application. Staff concludes that the application is:
1. Consistent with the purposes and intent of the Community Mixed Use place type in the
2016 Comprehensive Plan because the proposed B-2 zoning district would allow the
types of services for nearby residents recommended in the plan.
2. Reasonable and in the public interest because the conditional B-2 district would provide
a reasonable extension of an existing B-2 zoning district while protecting adjacent
residential uses through reduced heights in the portions of the property closest to homes
and limitations on permitted uses, in addition to the setbacks and buffers required by
the Zoning Ordinance.