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HomeMy WebLinkAboutZ18-12 Staff Summary BOCZ18-12 Staff Summary BOC 9.4.2018 Page 1 of 9 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 West Mostly Undeveloped; Barber Shop, Electronics Repair Shop R-15, O&I Z18-12 Staff Summary BOC 9.4.2018 Page 2 of 9 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 Z18-12 Staff Summary BOC 9.4.2018 Page 3 of 9 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. Z18-12 Staff Summary BOC 9.4.2018 Page 4 of 9 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.  All lights must be shielded in a manner so that light from the fixture does not directly radiate into adjacent property. Z18-12 Staff Summary BOC 9.4.2018 Page 5 of 9 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 Z18-12 Staff Summary BOC 9.4.2018 Page 6 of 9 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 Z18-12 Staff Summary BOC 9.4.2018 Page 7 of 9 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. Z18-12 Staff Summary BOC 9.4.2018 Page 8 of 9 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. Z18-12 Staff Summary BOC 9.4.2018 Page 9 of 9 PLANNING BOARD ACTION The Planning Board considered this application at their August 2, 2018 meeting. At the meeting, no members from the public spoke in support or opposition to the request. The Board recommended approval (4-0) 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 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. 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.