HomeMy WebLinkAboutZ19-14 Staff Report PB 12.5.2019
Z19-14 Staff Report PB 12.5.2019 Page 1 of 16
STAFF REPORT FOR Z19-14
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z19-14
Request:
Rezoning to a Multi-Family Residential Low Density District
Applicant: Property Owner(s):
Logan Developers, Inc. Murray, Spradley, Foy, et al
Location: Acreage:
Near the 8300 block of “Old” Market Street and the
8300 block of Shiraz Way 52.39
PID(s): Comp Plan Place Type:
Parcel ID numbers are listed in the application package. Community Mixed Use & General
Residential
Existing Land Use: Proposed Land Use:
Low Density Residential, Agriculture Multi-Family, Duplex, and Single-
Family Housing
Current Zoning: Proposed Zoning:
R-15 & R-20 (CZD) RMF-L
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Vineyard Plantation) R-15, R-20
East Undeveloped, Porters Neck Fire Station, Davis
Community R-20, (CUD) O&I
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South Single-Family Residential (Tibbys Branch) R-15
West Market Street/I-140 Interchange, Lowe’s Home
Improvement (CUD) B-2
ZONING HISTORY
July 6, 1971 The site was initially zoned R-15 and R-20 (Area 5)
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 Porters Neck
Schools Current: Blair Elementary, Holly Shelter Middle, and Laney High Schools.
*See the attached New Hanover County Schools, NC Redistricting Study 2020: Options
Statistics
Recreation Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
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APPLICANT’S PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
The applicant’s proposed conceptual plan indicates the residential development will consist
of 288 multi-family units, 34 duplex units, and 62 single-family lots, for a total of 384 units.
The subject site is long and narrow (about 4,500 square feet long and 550 feet in width)
impacting design options.
The 288 multi-family units will be located within 12 buildings containing 24 units each. The
buildings will be a maximum of three stories and 45 feet in height. A 20-foot opaque
bufferyard is required between the multi-family buildings and the abutting single-family
housing.
Developments within the proposed RMF-L district may be constructed in accordance with the
County’s existing performance residential standards, which provides flexibility by allowing
multiple housing types and not requiring minimum lot sizes. The flexibility of performance
developments allows for additional land to be utilized for open space and stormwater
purposes by clustering development on the site.
The applicant’s proposed conceptual site plan indicates approximately 11.6 acres of the
site (22%) will be reserved for active and passive recreation space for the residents of the
development. The total open space (undeveloped, stormwater, and buffer areas) is about
21 acres of the site (40%).
The subject site does not directly access Market Street, requiring use of area collector roads.
The primary access points will be to “Old” Market Street on the west side of the site and
Shiraz Way on the east side of the site.
Roadway connections will also be made to three road stubs located in the Vineyard
Plantation subdivision abutting the site to the north. However, the applicant is proposing a
condition to gate these accessways and limit access to emergency vehicles only.
The applicant is proposing to design the stormwater facilities for the project to handle up
to a 100-year storm 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). According the County’s watershed data, the
downstream outfall of the site flows south toward Pages Creek. However, if this request is
approved, direction of the downstream flow will be verified during the TRC review process
when more detailed engineering design is completed.
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According to the applicant, the stormwater will be controlled by a combination of wet
detention ponds and an infiltration basin. The infiltration basin is proposed on the eastern
end of the site near Shiraz Way. A soils test performed by the applicant where the basin
is proposed indicated an infiltration rate of over 20 inches/hr. The applicant also provided
an exhibit illustrating the downstream outfall. More information is provided in the
applicant’s submittal documents.
Applicant’s Exhibit of the Proposed Stormwater Facilities
ZONING CONSIDERATIONS
Approximately 40.5 acres of the site is zoned R-15 and the remaining 11.9 acres is zoned
R-20. Under the County’s performance residential standards, the portion zoned R-15 would
be permitted up to 102 dwelling units at a density of 2.5 du/ac and the portion zoned R-
20 would be permitted up to 22 dwelling units at a density of 1.9 du/ac. The total number
of units permitted under the current zoning is 124.
The proposed 384 units equates to an overall density of 7.3 du/ac, however, the majority
of the units are contained within the multi-family buildings located on the western portion of
the site closest to Market Street/US 17.
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The applicant’s proposed conceptual plan shows a transition of housing types from multi-
family on the western portion of the site to duplex and then single-family on the east end
of the site. This transiting development pattern is similar to the Marsh Oaks area, located to
the south along Market Street, which transitions from commercial/multi-family development
(Aldi, Amberleigh Shores) to townhomes, and then single-family housing. A similar example
in the City of Wilmington is Fairfield Park located along Carolina Beach Road. However,
in both of these examples, the more intense development has direct access to an arterial
road.
The proposed multi-family housing, and the majority of the units for the project, are located
closer to the Porters Neck commercial node. This node is identified in the Comprehensive
Plan as one of three Growth Nodes in the County. Growth Nodes are intended to be focus
areas of development, encouraging high-density development that promotes alternative
transportation options. The intent is to cluster growth in these areas so that public
transportation connections can be accomplished. The boundaries of these nodes are not site
specific and are intended to be a general representation of the area.
The Porters Neck community is the major commercial node of the northern portion of the
County, containing big box retailers (Wal-Mart and Lowes), grocery stores (Harris Teeter
and Food Lion), restaurants (Cast Iron Kitchen, Slice of Life, Buffalo Wild Wings, etc.), and
medical offices (Wilmington Health, Medac). However, other than a gas station/convenience
store, the existing commercial development in this node is primarily located west of Market
Street or south of Porters Neck Road on the east side of Market Street.
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TRANSPORTATION
The site is accessed by “Old” Market Street and Shiraz Way, both of which are maintained
by NCDOT. In addition, roadway connections will be made to existing road stubs abutting
the site to the north in the Vineyard Plantation subdivision, however, the applicant is
proposing to gate these connections and limit access to emergency vehicles only.
The applicant has completed a Traffic Impact Analysis (TIA) for the project which is currently
being reviewed by NCDOT and the WMPO. The TIA analyzed the development of 58
single-family homes and 348 multi-family units on the subject property (406 total units). A
development of this scale is estimated by the Institute of Traffic Engineers (ITE) to generate
about 200 tips in the AM peak hour and 240 trips in the PM peak hour.
As currently zoned, the subject site would be permitted a maximum of 124 single-family
homes under the performance residential standards. A detached single-family dwelling
typically generates about one trip during the PM peak hours. Therefore, the property could
currently generate approximately 124 trips during the PM peak hours. The proposed
development is estimated to increase the number of trips by 110 in the AM peak and 120
in the PM peak.
Site Trip Distribution
The TIA estimates that distribution of traffic to and from the site will be split 50/50 with half
of the trips utilizing Shiraz Way and half utilizing “Old” Market Street. This distribution was
proposed by the applicant and approved by the WMPO and NCDOT.
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Vehicle Trip Distribution at Notable Intersections During the
Peak Hours
* Number values below indicate the number of estimated vehicular trips generated by the proposed
development in the AM and PM peak hours.
Source: Applicant’s Traffic Impact Analysis (Ramey Kemp & Associates)
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Level of Service
The TIA analyzed the Level of Service (LOS) in vehicle delay per second at notable
intersections in the area including the following:
o Porters Neck Road at Edgewater Club Road/Shiraz Way (roundabout)
o Market Street at Porters Neck Road
o Futch Creek Road/Market Street at US 17
o US 17 at U-turn Location (north of Futch Creek Road).
Below is the LOS of the intersections described in the TIA. The data provides the overall LOS
of the intersection. The TIA also provides data on all intersection movements (left turn, right
turn, through movement, etc.). There are some current and future movements with a F LOS
located at the intersection of Porters Neck Road and Market Street. These movements
generally consist of the left turns and traffic crossing Market Street. The TIA indicated the
proposed development will increase the delay of one of these movements (the westbound
left on Porters Neck).
The TIA did not include the impact of the improvements from the Military Cutoff extension
project currently under construction. That project is expected to be completed around the
proposed build out date for the requested development (late 2022/early 2023).
Porters Neck Road at Edgewater Club Road/Shiraz Way (roundabout)
Scenario Overall LOS Delay in Seconds
AM PEAK
2019 Existing A 8
2023 Future A 9
2023 Future with Project A 10
PM PEAK
2019 Existing A 7
2023 Future A 8
2023 Future with Project A 9
Market Street and Porters Neck Road
Scenario Overall LOS Delay in Seconds
AM PEAK
2019 Existing D 41
2023 Future D 43
2023 Future with Project D 45
PM PEAK
2019 Existing D 44
2023 Future D 47
2023 Future with Project D 49
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US 17 at Market Street/Futch Creek Road
Scenario Overall LOS Delay in Seconds
AM PEAK
2019 Existing B 18
2023 Future B 20
2023 Future with Project C 25
PM PEAK
2019 Existing C 33
2023 Future C 31
2023 Future with Project D 39
US 17 at U-Turn (North of Futch Creek Road)
Scenario Overall LOS Delay in Seconds
AM PEAK
2019 Existing C 22
2023 Future C 26
2023 Future with Project C 33
PM PEAK
2019 Existing A 9
2023 Future B 10
2023 Future with Project B 13
Required or Proposed Improvements
As the TIA is still under review by NCDOT and the WMPO, the final required improvements
have not been determined at this time. However, the applicant is proposing a condition to
install a second right turn lane on Futch Creek Road/Market Street at its intersection with
US 17, provided NCDOT allows the improvement.
Applicant’s Proposed Improvement (Still under NCDOT review):
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Vineyard Plantation Traffic Calming Report
The residents of Vineyard Planation recently commissioned a Traffic Calming Assessment
due to speeding concerns in their neighborhood. The assessment, which was prepared by
Kittelson & Associates, Inc., examined certain roads in the neighborhood and made the
following findings:
The assessment made recommendations to help reduce speeding in the area including but
not limited to:
o Installing speed humps on Riesling Avenue;
o Using portable speed feedback signs on Riesling Avenue, Chablis Way, and Winery
Way; and
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o Using speed cameras to identify and fine residents who speed.
NCDOT has reviewed the assessment and provided comments. The HOA can proceed with
installing the recommended speed humps on Riesling Avenue pending receiving an
encroachment agreement with NCDOT.
Nearby Planned Transportation Improvements and Traffic Impact Analyses
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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 late
2022/early 2023.
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.
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 late
2022/early 2023.
NCDOT Project – Installation of an Additional Southbound Exit Lane on US-17 onto Market
Street
o The Board of Commissioners recently adopted a resolution to support the installation
of an additional southbound exit lane at the US 17/Market Street Interchange. The
project is a candidate for funding through the State’s High Impact Low Cost program.
o While funding for this program is currently on hold due to NCDOT' s cash flow
balance, NCDOT Division 3 has been requested to submit everything needed for the
fund requests to the Board of Transportation so there is not delay when funding
becomes available.
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. Scotts Hill Medical
Park
132,000 sf Office
18,000 sf Medical Office
32,000 sf Shopping
Center
9,000 sf Pharmacy with
Drive-Through
Approved August 5, 2019
Phase 1 & 2: 2020 Build Out
Year
Full Build 2022
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a northbound U-turn lane on US 17 south of Scotts Hill Loop Road.
Installation of a southbound left turn lane on US 17 at Scotts Hill Medical Drive.
Installation of a northbound right turn lane, removal of the barrier from the southbound
left turn lane, and signalization of the intersection on US 17 at the site’s southern access
point.
Nearby Proposed Developments included within the TIA:
Z19-14 Staff Report PB 12.5.2019 Page 13 of 16
Scotts Hill Village
Coastal Prep Academy
Development Status: Phase 1 of the medical park has been platted consisting of 3 lots.
Currently, one office building is being constructed. No roadway improvements have been
completed at this time.
Proposed Development Land Use/Intensity TIA Status
2. Waterstone 151 Single-Family
Dwellings
Approved June 18, 2015
2020 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a southbound right turn lane on Edgewater Club Road at the site’s northern
access.
Nearby Proposed Developments included within the TIA:
Porters Neck Elementary
Development Status: 98 lots have been platted at this time. The right turn lane has been
installed.
ENVIRONMENTAL
The property is not within a Natural Heritage Area or Special Flood Hazard Area.
The property is within the Pages Creek (SA;HQW) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class I (suitable/slight limitation), Class II (moderate limitation) and
Class III (severe limitation) soils, 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.
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Future Land Use
Map Place Type
General Residential & Community Mixed Use located partially within
Porters Neck Growth Node
The subject parcel is primarily General Residential, with roughly 20%
designated as Community Mixed Use.
Because of the general nature of place type borders, sites located in
proximity to the boundaries between place types could be appropriately
developed with either place type, allowing site-specific features and
evolving development patterns in the surrounding area to be considered.
Place Type
Description
General Residential: Focuses on lower-density housing and associated civic
and commercial services. Typically, housing is single-family or duplexes.
Commercial uses should be limited to strategically located office and retail
spaces, while recreation and school facilities are encouraged throughout.
Types of uses include single-family residential, low-density multi-family
residential, light commercial, civic, and recreational.
Community Mixed Use: Focus 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.
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Analysis
The proposed RMF-L development is located between existing lower density
residential neighborhoods and the Old Market St. corridor at the edge of
the Porters Neck Growth Node. This growth node is one of the areas
identified as where growth should be clustered and high-density
developments encouraged.
In general, the Comprehensive Plan designates areas along roadways for
higher residential densities and a mix of uses and those near existing
neighborhoods as General Residential in order to allow for an orderly
transition of densities and intensities.
The proposed RMF-L zoning, one of the new zoning tools adopted in July
2019 to provide for the development patterns outlined in the
Comprehensive Plan, would provide a transition in density and intensity
between future Community Mixed Use development along Old Market
Street and the existing single family residential districts on either side of the
subject site. Providing options for alternative housing types in direct
relationship to single-family detached development is one of the stated
intents for this district.
The overall project density of 7.3 units per acre is compatible with 6
dwelling units per acre characteristic of the General Residential place type
and up to 15 dwelling units per acre identified for Community Mixed Use
places. The majority of that density is proposed for the western portion of
the site closest to the growth node and Community Mixed Use areas. The
density of the duplex and single-family detached portion of the project
prosed for the eastern side is closer to 4 dwelling units per acre.
Consistency
Recommendation
The proposed RMF-L zoning is generally CONSISTENT with the intent of the
2016 Comprehensive Plan because this zoning district is intended to provide
alternative housing types in direct relationship to single-family detached
development, the overall project density is in-line with those characteristic
of General Residential and Community Mixed Use place types, the highest
density portion of the project is located on the western end of the site which
is part of the Porters Neck Growth Node and designated as Community
Mixed Use, and the proposed development pattern provides for the orderly
transition of densities and intensities.
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STAFF RECOMMENDATION
Overall the project is generally consistent with the goals and objectives of the Comprehensive Plan
because it contributes to providing a mix of housing options in the area, provides for the orderly
transition of uses, and the overall project density is in-line with those recommended in the General
Residential and Community Mixed Use place types.
As the unique location of the site does not have direct access to an arterial street, it is anticipated
the development will increase traffic near established single-family neighborhoods. However, the
preliminary review of the TIA indicates that the overall Level of Service of the major intersections
in the area will operate at an acceptable level when the proposed development is expected to be
completed in 2023.
The applicant is also proposing to design the stormwater facilities to accommodate the 100-year
storm event, which exceeds the County’s requirement of designing to the 25-year storm event.
Therefore, staff is recommending approval of the application with the applicant’s proposed
conditions.
Example Motion of Approval
I move to APPROVE the proposed rezoning to a conditional RMF-L district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal
provides an orderly transition of uses from higher intensity to lower intensity areas, provides
for a range of housing types, and is in-line with the recommended densities of the Community
Mixed Use and General Residential place types. I also find APPROVAL of the rezoning
request is reasonable and in the public interest because, although it will increase traffic in
the area, the proposal would benefit the community by providing diverse housing options.
[Optional] Note any conditions to be added to the district:
1. The project’s stormwater facilities must be designed to accommodate a 100-year storm
event.
2. As proposed and agreed to by the applicant, an additional westbound right turn lane
shall be installed on Futch Creek Road/Market Street at its intersection with US 17.
Installation of the turn lane requires approval from NCDOT and shall be constructed in
accordance with NCDOT’s standards.
3. The roadway connections to the three road stubs abutting the site to the north in the
Vineyard Plantation subdivision shall be gated and limit access to emergency vehicles
only.
Example Motion of Denial
I move to DENY the proposed rezoning to a conditional RMF-L district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal
provides an orderly transition of uses from higher intensity to lower intensity areas, provides
for a range of housing types, and is in-line with the recommended densities of the Community
Mixed Use and General Residential place types, I find DENIAL of the rezoning request is
reasonable and in the public interest because the proposal is not consistent with the desired
character of the surrounding community and the density will adversely impact the adjacent
neighborhoods.