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Z18-12 STAFF SUMMARY
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z18-12
Request:
Reversion of zoning from (CUD) R-10 to B-2 and R-15 pursuant to Section 55.2-6 of the Zoning
Ordinance
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 (approved for 88 apartment
units)
The property would be allowed to be
developed in accordance with the B-2 and
R-15 district standards
Current Zoning: Proposed Zoning:
(CUD) R-10 Conditional Use Zoning District B-2 and R-15
SURROUNDING AREA
LAND USE ZONING
North Institutional (Laney High School) R-15
East Single Family Residential R-15
South Commercial (Taco Bell) B-2
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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 Z17-01 request to rezone to (CZD) B-2 denied
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
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CURRENT APPROVED SITE PLAN & CONDITIONS
The existing (CUD) R-10 Conditional Use Zoning District was approved 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.
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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.
Because the Z17-01 rezoning request was denied, the property remains in the (CUD) R-10
Conditional Use Zoning District that was approved in 2016 for 88 apartment units.
ZONING ORDINANCE CONSIDERATIONS FOR CURRENT PROPOSAL
This request from the property owner is to consider reverting the property from the existing
(CUD) R-10 for the 88-unit apartment complex to the B-2 and R-15 zoning that it was prior
to the (CUD) R-10 being approved in 2016.
Prior to the approval of the existing (CUD) R-10 district, the subject site was zoned R-15
with a 300’ deep strip of B-2 running parallel to N. College Road that was applied in 1998.
Section 55.2-6(1) in the Zoning Ordinance authorizes the Planning and Land Use
Department to schedule a hearing for the Planning Board to consider progress made on the
approved (CUD) R-10. The Planning Board may send a recommendation to the County
Commissioners to rezone the property back to its previous zoning if the Board determines
that active efforts are not proceeding:
If within 24 months from the date of approval of the Conditional Use District, no
building permit has been issued for the subject tract, the Planning and Land Use
Department may schedule a hearing for the Planning Board to consider progress made.
If it is determined that active efforts are not proceeding, the Planning Board may send
forward a recommendation to the County Commissioners to simultaneously revoke the
Special Use Permit and rezone the Conditional Use District to its classification prior to
approval.
Because a rezoning may occur based on the applicant’s request, the application is being
processed as a general map amendment from the existing (CUD) R-10 district to R-15 with
a 300’ deep strip of B-2 running parallel to N. College Road, including public hearings and
a staff analysis and recommendation.
Because it has been over 2 years since the (CUD) R-10 has been approved and no validity
extensions were requested, the companion Special Use Permit has expired per Section 71-
1(1) of the Zoning Ordinance.
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 B-2
and R-15 districts based on the Table of Permitted Uses in the Zoning Ordinance.
The building setback in the B-2 portion of the property that is adjacent to R-15 zoning would
be a minimum of 30’ or 2.75 x Building Height, whichever is greater.
The buffer required along the B-2 portion of the property line that is adjacent to R-15
zoning would be a minimum of 20’ wide and must provide 100% opacity using vegetation,
vegetation with fencing, or vegetation with a berm.
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All lights must be shielded in a manner so that light from the fixture does not directly radiate
into adjacent property.
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
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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.
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 and
create a second pond to manage runoff.
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 node at N.
College and Bavarian/Murrayville and near the Northchase planned
development. Ideal uses for this property 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. The requested reversion to B-2 and R-15 zoning could allow for the
types of lower-intensity commercial services appropriate for a Community
Mixed Use area at the edge of major nodes, and development regulations
would require landscaping buffers along residential properties, visually
separating and mitigating any effects for the adjacent neighborhood.
Consistency
Recommendation
The proposed reversion to B-2 and R-15 zoning 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 B-2 and R-15 zoning could provide a full mix of
uses for the area.
2. Reasonable and in the public interest because the R-15 zoning along with the setbacks
and buffers required in the B-2 zoning would mitigate any negative impacts to the
adjacent residential uses.