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HomeMy WebLinkAboutZ18-14 Staff Summary BOC - 12.3.18 meetingZ18-14 Staff Summary 12.3.2018 BOC Meeting Page 1 of 10 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) 10 possible uses as detailed on Page 3 Current Zoning: Proposed Zoning: (CUD) R-10 Conditional Use Zoning District (CZD) B-2 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 Z18-14 Staff Summary 12.3.2018 BOC Meeting Page 2 of 10 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 CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z18-14 Staff Summary 12.3.2018 BOC Meeting Page 3 of 10 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 proposed the following list of uses that would be permitted on the property: 1. Eating and Drinking Places. 2. General Merchandise Stores. 3. Miscellaneous Retail. 4. Banks, Credit Agencies, Savings and Loans. 5. Barber and Beauty Shops. 6. Business Services including printing. 7. Funeral Home. 8. Personal Services. 9. Offices for Private Business and Professional Activities and 10. Mini Warehouse with additional conditions noted in the applicant’s supplemental information.  The plan included with the application is somewhat different from most Conditional Zoning District applications in that it provides more conceptual information on where buildings can be located. The plan 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’. Z18-14 Staff Summary 12.3.2018 BOC Meeting Page 4 of 10  The site plan also shows a driveway to an area that is outside of the proposed building areas. 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. Z18-14 Staff Summary 12.3.2018 BOC Meeting Page 5 of 10 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. The existing Taco Bell accounts for 2,233 of the anticipated 3,903 24-hour two-way trips from the 2013 development proposal.  An updated TIA was not required for the 2016 or 2017 rezoning proposals because the proposed developments did not exceed 100 peak hour trips.  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 uses proposed include high traffic-generating uses such as restaurants and miscellaneous retail to low traffic-generating uses such as mini-warehousing, professional offices, 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. Z18-14 Staff Summary 12.3.2018 BOC Meeting Page 6 of 10 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 Z18-14 Staff Summary 12.3.2018 BOC Meeting Page 7 of 10 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. The existing stormwater pond on the site can be utilized, and improved as required, for any additional development 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. Z18-14 Staff Summary 12.3.2018 BOC Meeting Page 8 of 10 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, and approximately 25% of the B-2 zoning in the county is within areas designated as Community Mixed Use. 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. Z18-14 Staff Summary 12.3.2018 BOC Meeting Page 9 of 10 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. PLANNING BOARD ACTION The Planning Board considered this application at their November 1, 2018 meeting. At the meeting, no members of the public spoke in favor or in opposition to the request. The Board recommended approval (7-0) of the application, finding that it 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. Conditions: 1. The Property shall be subject to all of the specific requirements stated in the New Hanover County Zoning Ordinance (“Ordinance”) for the B-2 (Highway Business District) use as well as any additional conditions stated below. 2. The use and development of the Property shall comply with all other supplemental regulations and requirements imposed by the Ordinance or any other applicable federal, state or local law, ordinance or regulation. In the event of a conflict, the more stringent requirement or higher standard shall apply. 
 3. The following limited list of permitted B-2 zoning uses under the Ordinance are offered as a condition of approval: a. Eating and Drinking Places. b. General Merchandise Stores. c. Miscellaneous Retail. d. Banks, Credit Agencies, Savings and Loans. e. Barber and Beauty Shops. f. Business Services including printing. g. Funeral Home. h. Personal Services. i. Offices for Private Business and Professional Activities and j. Mini Warehouse with additional conditions noted below 1. No storage of hazardous or flammable material shall be permitted. 2. Proposed on-site staffed office. 3. Automated Gate by security code daily with security features for after hour response. 4. The façade of buildings fronting North College Road, including the onsite staffed office, shall be of a type and quality typically seen in mini- warehouse developments that mimic a non-warehouse use such as office or retail. 4. The development of the Property shall be subject to all of the specific requirements stated in Section 61.4: of the Ordinance, which requires, among others, that a Traffic Impact Z18-14 Staff Summary 12.3.2018 BOC Meeting Page 10 of 10 Worksheet be submitted to the Planning and Land Use department for Verification and in cases where the worksheet indicates traffic generation of 100 peak hour based upon the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, then the applicant will be required to perform a Traffic Impact Analysis. 5. The required minimum setbacks for structures shall be calculated in accordance with Section 60.3 of the ordinance, however in no event shall the minimum setback for structures abutting residential uses and/or platted lots on residential zoned property be less than 45 feet. 6. The street-facing façade proposed by the applicant shall also be used on the sides of the buildings that face the northern and southern exterior property lines. 7. The buffer along the rear shall include a fence and vegetation to meet the opacity requirements. STAFF RECOMMENDATION Staff recommends approval of the application as stated in the Planning Board’s action with the conditions recommended by the Planning Board. 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.