S19-02 Staff Report PB 10.3.2019S19-02 Staff Report PB 10.3.2019 Page 1 of 17
STAFF REPORT FOR S19-02
SPECIAL USE PERMIT APPLICATION
RESIDENTIAL USES IN A COMMERICAL DISTRICT SUP OVERVIEW
The Zoning Ordinance allows for dwelling units to be permitted in the B-1 or B-2 zoning
district with a Special Use Permit provided the units are part of a mixed-use development.
The mixed-use development should provide for innovative opportunities for an integration
of diverse but compatible uses into a single development that is unified by distinguishable
design features with amenities and walkways to increase pedestrian activities.
When this option is utilized, commercial uses within the development must be limited to
those permitted in the B-1 district, even for sites zoned B-2. The B-1 district permits
traditional commercial uses, like retail establishments, restaurants, and offices. The heavy
commercial/light industrial type uses allowed in the B-2 district are prohibited under the
specific standards for this Special Use Permit.
In addition to the conceptual site plan, applications for this type the SUP must include
architectural elevations and a conceptual lighting plan.
APPLICATION SUMMARY
Case Number: S19-02
Request:
SUP to allow residential uses within a commercial zoning district as part of a mixed-used
development.
Applicant: Property Owner(s):
Mark Maynard, Jr – Tribute Companies Coswald, LLC
Location: Acreage:
200 Block of Lendire Road, near the 7200 Block of
Market Street 15.6
PID(s): Comp Plan Place Type:
R04400-001-003-000 Urban Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Mixed-Use Development
Current Zoning:
B-2
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SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Palm Grove), Camping (KOA). R-10, B-2
East Undeveloped, Commercial Services, Ogden Fire Station B-2
South Commercial Services (Recreation Establishments, Restaurants,
Retail) B-2
West Single-Family Residential (Jacobs Ridge at West Bay Estates) R-10
ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Area 8B)
November 2, 1987 Portions of the parcel rezoned from R-15 to B-2 (Z-321)
September 6, 1988 Portions of the parcel rezoned from R-15 to B-2 (Z-356)
September 4, 1990 Portions of the parcel rezoned from R-15 to B-2 (Z-413)
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COMMUNITY SERVICES
Water/Sewer Water and sewer will be provided by CFPUA. Specific design will be
determined during site plan review.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Ogden
Schools Blair Elementary, Eaton Elementary, Holly Shelter 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
PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
The proposed mixed-use development will consist of up to 288 dwelling units located within
apartment buildings and mixed-use buildings, and approximately 7,500 square feet of
commercial building space. The commercial uses proposed are office and retail businesses.
The buildings will range from one to three stories and be restricted to a maximum height of
35 feet.
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The western boundary of the site, adjacent the Jacob’s Ridge at West Bay subdivision, is
subject to an increased building setback and bufferyard. The bufferyard will be
approximately 50 feet in width and must contain vegetation, or a combination of vegetation
and fencing, that provides an opaque screen. The applicant is proposing to install a 6-foot-
tall solid wood fence within the buffer. As shown on the conceptual plan, the buildings will
exceed the required setback and be placed about 115 feet from the western property line.
The conceptual plan includes two mixed-use buildings located on the southern portion of the
site adjacent Lendire Road. The buildings would permit office and retail uses on the ground
floor and residential units above the commercial space. One building is proposed to be
two stories and contain 4 dwelling units, and the other is proposed to be three stories with
20 dwelling units. The commercial space would total about 7,500 square feet.
Conceptual Rendering of the Three-Story Mixed-Use Building
264 of the proposed dwelling units will be located within 11 three-story apartment
buildings. The project will also contain an amenity building and outdoor swimming pool for
the residents.
The project will contain 3.62 acres of amenity areas and open space, which equates to
approximately 23% of the 15.6-acre site. Approximately 56% of site will contain
impervious surfaces. The stormwater management areas will be located in the southern
portion of the site along Lendire Road.
The applicant is proposing to design the stormwater facilities for the project to handle up
to a 100-year event (≈10 inches of rain over a 24-hour period). This exceeds the County’s
requirement of designing the facilities to a handle a 25-year storm event (≈8 inches of rain
over a 24-hour period). All runoff to the site will be conveyed to the proposed stormwater
facility, and will ultimately flow west toward Smith Creek. Any stormwater that flows into
the northern ditch and Market Street today will be conveyed to the new stormwater facility.
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The applicant is proposing to incorporate distinguishable design features within the project
including consistent architectural design, color scheme, landscaping, park benches, bicycle
racks, and street lighting. Sidewalks will be provided throughout the development, allowing
residents to walk to existing and future commercial uses in the vicinity. If approved, the
distinguishable site features will be verified by TRC during the site plan review.
Conceptual Rendering of the Three-Story Apartment Buildings
ZONING CONSIDERATIONS
The subject 15.6-acre site is part of a larger parcel, approximately 30 acres in size, zoned
B-2. The parcel is currently undeveloped.
The “outparcel” shown on the conceptual site plan which is not included in the boundary of
the SUP is under contract to be purchased by the applicant. The applicant does not have
specific plans for that portion of the property at this time, and thus it is not included in this
application, however, they anticipate that the area would be developed for office-related
uses.
The site is located within the Market/Middle Sound commercial node, near the intersection
of Market Street and Middle Sound Loop Road/Lendire Road.
This node contains several commercial businesses including, but not limited to, retail
establishments (Publix and Big Lots shopping centers), restaurants (Odgen Tap Room,
Smithfields BBQ, Denny’s, Bojangles), personal services (Tame The Mane, The Corner Buzz,
dry cleaners), specialty restaurants (Casa Blanca Coffee, Starbucks), and craft beer
establishments (Fermental Wine & Beer, The Sour Barn).
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TRANSPORTATION
The subject site will be accessed by Lendire Road (SR-2892) and “Old” Lendire Road, a
private access easement.
When estimating traffic impacts of undeveloped sites, staff’s general rule based on typical
development patterns is that commercial development typically covers about 25% of the
site for building area at one story (approximately 170,000 square feet for the subject
15.6-acre site). In this case the applicant estimates that the site would support about
116,000 square feet of shopping center related uses (retail, restaurants, and offices), which
is a more conservative market estimate for the property.
According to the applicant, development of the site as currently zoned using their assumption
of 116,000 square feet of shopping center related uses would generate about 485 trips in
the AM peak hours and 540 trips in the PM peak hours.
The proposed project of 288 multi-family units and 7,500 square feet of office/retail space
is estimated to generate about 140 trips in the AM peak hours and 190 trips in the PM
peak hours. This would result in an estimated decrease of 345 trips in the AM peak hours
and 350 trips in the PM peak hours.
The applicant has completed a Traffic Impact Analysis (TIA) which has been approved by
NCDOT and the WMPO. The approved TIA requires a westbound right turn lane to be
installed on Lendire Road at the site’s access.
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Required Roadway Improvements
The TIA analyzed the Level of Service (LOS) in vehicle delay per second at notable
intersections in the area including Lendire Road/Middle Sound Loop Road at Market Street
and “Old” Lendire Road at Market Street. The TIA found that the project will slightly
increase the time it takes for vehicles to get through these intersections, but it will not reduce
the overall LOS of the intersections from the level they are anticipated to operate at in
2021.
Market Street at Middlesound Loop Road/Lendire Road
Scenario Overall LOS
AM PEAK
2019 Existing D
2021 Future E
2021 Future with Project E
PM PEAK
2019 Existing D
2021 Future E
2021 Future with Project E
Market Street at “Old” Lendire Road
Scenario LOS of Eastbound Approach to Market
Street
AM PEAK
2019 Existing D
2021 Future C
2021 Future with Project C
PM PEAK
2019 Existing E
2021 Future C
2021 Future with Project C
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Nearby Planned Transportation Improvements and Traffic Impact Analyses
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Nearby NC STIP Projects:
STIP Project U-4751 (Military Cutoff Extension)
o Project to extend Military Cutoff from Market Street to I-140.
o The project is currently under construction and is expected to be completed in early-
2023.
o The extension of Military Cutoff will run about three quarters of a mile west of the
subject site. Lendire Road/Brittany Lakes Drive, Torchwood Boulevard, and Putnam
Drive/Bradfield Court will connect to the Military Cutoff extension, allowing access
to neighborhoods west of the site.
o The project will also install a sidewalk and multi-use path along the extension of
Military Cutoff and the sections of Market Street included in the project.
o NCDOT recently obtained ownership of Lendire Road from Market Street to the
Military Cutoff extension. The connection of Lendire Road to the future Military
Cuttoff will allow the road to function as a collector street, however, NCDOT does
not have any current plans to make improvements to the road.
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STIP Project U-4902D (Market Street Median)
o Project to install a center median and pedestrian accessways along Market Street
from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways
will consist of a 10-foot multi-use path on the eastern side of the street, and a 5-
foot sidewalk on the western side of the street.
o The project is currently under construction and is expected to be completed in early-
2023.
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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.
Proposed Development Land Use/Intensity TIA Status
1. Middle Sound West
(Subject Site)
288 multi-family units
Small office with 32
employees
Approved August 14, 2019
2021 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a westbound right-turn lane at the site’s access on Lendire Road.
Nearby Proposed Developments included within the TIA:
Ogden Starbucks
Development Status: Special Use Permit request under review.
Proposed Development Land Use/Intensity TIA Status
2. Ogden Starbucks 2,200 square foot coffee
shop with drive thru
Approved May 10, 2019
2021 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of an additional exclusive eastbound right-turn lane on Lendire Road at
Market Street (improvement installation to be coordinated with the Military Cutoff
Extension project U-4751). Modification of the signal timing at the same intersection to
incorporate the new dual right-turn lanes.
Nearby Proposed Developments included within the TIA:
None
Development Status: Construction is near completion. The installation of right-turn lane will
be completed with the Military Cutoff extension project.
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3. Middle Sound Market
Place (Publix)
32,830 square feet of retail
49,100 square feet of
supermarket
720 square feet of fast
food restaurant
TIA approved June 15, 2015
2019 Build Out Year
The TIA required improvements to be made at certain intersections in the area, including Market
Street at Middle Sound and the access points to the development. The major improvements
consisted of:
Installation of a continuous northbound right turn lane on Market Street to Middle Sound
Loop Road and site access points
Extension of existing westbound dual left turn lanes and the addition of a westbound
right turn lane on Middle Sound Loop Road to Market Street
Installation of an eastbound right turn lane and westbound left turn lane on Middle Sound
Loop Road 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:
None
Development Status: Completed
4. Bayshore
Commercial
Development
20,000 square feet of
Medical/Dental Office
70,000 square feet of
Shopping Center
8,000 square feet of High
Turnover Sit Down
Restaurant
4,000 square feet of Fast
Food Restaurant
TIA approved September 11,
2019
2022 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of an additional westbound left turn lane on Bayshore Drive to Market Street
Extension of existing northbound right turn lane on Market Street from Bayshore Drive to
the site’s access points
Nearby Proposed Developments included within the TIA:
None
Development Status: The property is zoned B-2, which allows for this development by-
right. However, no site plan or permit application have been submitted to County staff for
review at this time.
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ENVIRONMENTAL
The property is not within a Natural Heritage Area or Special Flood Hazard Area.
The property is within both the Smith Creek (C;Sw) and Pages Creek (SA;HQW) watershed.
Based on the applicant’s preliminary stormwater design, the site will be design to drain
into Smith Creek.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class II (moderate limitation), Class III (severe limitation) soils, and
Class IV (unsuitable), however, the project will connect to CFPUA sewer 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 Urban Mixed Use
Place Type
Description
Urban Mixed Use promotes development of a mix of residential, office,
and retail uses at higher densities. Types of uses encouraged include office,
retail, mixed use, small recreation, commercial, institutional, single-family,
and multi-family residential.
Analysis
The proposed mixed use development is located off Lendire Rd., directly
across from Ogden Business Park and behind commercial uses, e.g. Denny’s
and Patterson Auto Sales, that line Market St. It is also adjacent to single
family homes within the Jacobs Ridge at West Bay subdivision.
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The subject parcel is designated as Urban Mixed Use on the Comprehensive
Plan’s Future Land Use Map, which supports a mix of moderate to high
intensity commercial and office uses and moderate to high density
residential uses (approximately 16+ units per acre). The plan’s intent is to
allow more commercial options and higher residential densities in this area
to take advantage of the proximity to nearby basic goods and services
and to help reduce long travel distances and associated levels of traffic.
The types and intensity of commercial and office uses and the density of
residential uses in the proposed project are in line with what is
recommended for Urban Mixed Use areas, and the project is designed to
provide a gradual transition in uses and intensity. The commercial areas
are located close to the existing commercial uses along Lendire Rd. and
Market St., and the residential portion of the development is located closer
to the existing residential neighborhoods off of Lendire. This type of
transitional development pattern helps reduce impacts on existing
neighborhoods while contributing to the range of housing types available
in the Ogden community.
The mixed used buildings within the site also offer potential commercial
alternatives to Market St. for residents of surrounding neighborhoods, which
could reduce traffic congestion along Market St., and potentially Gordon
Rd. once construction of Military Cutoff Extension is complete. In addition,
residents of this development will be able to access the recreational uses
and commercial services along Lendire without having to use primary
roadways, specifically Market St. Eventually, those residents will also be
able to access existing and future commercial services along Market St.
without adding traffic to that road by using planned interconnections to the
currently undeveloped section of the property southeast of the development
that will remain zoned B-2.
Consistency
Recommendation
The proposed mixed use development is generally CONSISTENT with the
types and intensity of uses intended for Urban Mixed Use areas and the
Comprehensive Plan’s intent of providing an orderly transition of uses and
densities from higher intensity to lower intensity areas. In addition, it
contributes to the range of housing types available in the Ogden community,
the mixed use buildings could provide a commercial alternative to Market
St. for residents of surrounding neighborhoods, and interconnections with
existing commercial properties can help reduce long travel distances and
their associated levels of traffic.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing at the Board meeting.
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Conclusion 1: The Board must find that the use will not materially endanger the public health
or safety where proposed and developed according to the plan as submitted and approved.
A. The site is accessed from Lendire Road, a state maintained road (SR-2892) that connects
directly into Market Street (US 17), and will connect into the Military Cutoff extension.
B. A Traffic Impact Analysis (TIA) was completed for the project and approved by NCDOT.
The TIA requires a right-turn lane to be installed at the site’s access on Lendire Road.
C. The Traffic Impact Analysis (TIA) analyzed the Level of Service (LOS) in vehicle delay per
second at notable intersections in the area, including Lendire Road/Middle Sound Loop
Road at Market Street and “Old” Lendire Road at Market Street. The TIA found that the
project will slightly increase the time it takes for vehicles to get through theses intersections,
but it will not reduce the overall LOS of the intersection from the level they are anticipated
to operate at in 2021.
D. The proposal is estimated to reduce traffic generation from what is typically possible with
the existing B-2 zoning.
E. The site’s stormwater system will be designed to accommodate a 100-year storm, exceeding
the County’s requirement of designing for a 25-year storm.
F. Water and sewer services will be provided by CFPUA.
G. The subject property is located in the New Hanover County North Fire Service District.
Conclusion 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. The site is zoned B-2, Highway Business District.
B. Residential uses are allowed by Special Use Permit in the B-2 zoning district.
C. The project proposes a mix of land uses as required to permit residential uses within a
business district.
D. In accordance with the standards of this special use, the commercial uses proposed within
the development will be limited to those permitted in the B-1 zoning district.
E. The project will contain distinguishable site design features, including consistent architectural
design, color scheme, landscaping, park benches, bicycle racks, street lights and signage.
F. The site plan complies with all applicable technical standards of the Zoning Ordinance
including buffering and off-street parking requirements.
Conclusion 3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. The subject property is zoned B-2, Highway Business District, and is located within
Ogden/Market Street commercial node.
B. The surrounding area contains a single-family residential development, undeveloped land,
and commercially developed land.
C. Bufferyards must be provided between the development and adjacent residential property.
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Conclusion 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the Comprehensive Land Use Plan for New
Hanover County.
A. The 2016 Comprehensive Plan classifies the area proposed for the development as Urban
Mixed Use.
B. The Urban Mixed Use place type promotes a mix of residential, retail, and office uses at
higher densities.
C. The project is consistent with the recommended uses and densities of the Urban Mixed Use
place type.
D. The subject site is located between single-family residential areas and commercial areas,
providing a gradual transition of uses as promoted in the Comprehensive Plan.
Staff Suggested Conditions
1. The project’s stormwater facilities must be designed to accommodate a 100-year storm
event.
2. A 6-foot-tall solid wood fence shall be installed within the bufferyard located along the
northwestern property line which abuts the Jacobs Ridge neighborhood.
3. As proposed and agreed to by the applicant, a 10-foot multi-use path shall be installed
along the site’s frontage on Lendire Road and be extended south along the road so that it
would connect to the future multi-use path to be installed by NCDOT near Ogden Business
Lane as part of the Military Cutoff extension project (U-4751). Installation of the multi-use
path shall be coordinated with the County and NCDOT and be constructed in accordance
with NCDOT’s standards. The applicant is not required to obtain additional right-of-way in
order for the multi-use path to be extended to the future multi-use path to be installed by
NCDOT near Ogden Business Lane. Please see Exhibit 1 for the approximate location of
the path to be installed with the development.
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EXAMPLE MOTIONS
Example Motion for Approval:
Motion to recommend approval, as the Board finds that this application for a Special Use Permit
meets the four required conclusions based on the findings of fact included in the Staff Summary.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions.
[OPTIONAL] Note any conditions be added to the development:
[List Conditions]
Staff Suggested Conditions:
1. The project’s stormwater facilities must be designed to accommodate a 100-year storm
event.
2. A 6-foot-tall solid wood fence shall be installed within the bufferyard located along the
northwestern property line which abuts the Jacobs Ridge neighborhood.
3. As proposed and agreed to by the applicant, a 10-foot multi-use path shall be installed
along the site’s frontage on Lendire Road and be extended south along the road so that
it would connect to the future multi-use path to be installed by NCDOT near Ogden
Business Lane as part of the Military Cutoff extension project (U-4751). Installation of
the multi-use path shall be coordinated with the County and NCDOT and be constructed
in accordance with NCDOT’s standards. The applicant is not required to obtain
additional right-of-way in order for the multi-use path to be extended to the future
multi-use path to be installed by NCDOT near Ogden Business Lane. Please see Exhibit
1 for the approximate location of the path to be installed with the development.
Example Motion for Denial:
Motion to recommend denial, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the area in which it is to be located and in general conformity with
the Comprehensive Land Use Plan for New Hanover County.
[State the finding(s) that the application does not meet and include reasons why it is not being met]