HomeMy WebLinkAboutZ20-06 Staff Report PB 3.5.2020Z20-06 Staff Report PB 3.5.2020 Page 1 of 11
STAFF REPORT FOR Z20-06
CONDITIONAL ZONING DISTRICT APPLICATION
APPLICATION SUMMARY
Case Number: Z20-06
Request:
Rezoning to the Residential Multi-Family Moderate Density Zoning District (RMF-M)
Applicant: Property Owner(s):
Christoper L. EIsenzimmer of Blue Ridge
Atlantic Community Development BHC Properties, LLC
Location: Acreage:
205 & 217 Middle Sound Loop Rd 4.77
PID(s): Comp Plan Place Type:
R04410-001-008-000, R04410-001-007-
000, R04410-001-009-000, and R04410-
001-010-000
General Residential
Existing Land Use: Proposed Land Use:
Undeveloped Multi-Family
Current Zoning: Proposed Zoning:
R-15 (CZD) RMF-M
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-15
East Undeveloped, Multi-Family Residential,
and Single-Family Residential
R-15, R-15 Additional Dwelling
Allowance (8.92 du/ac )
South Single-Family Residential R-15
West Religious Institution R-15
Z20-06 Staff Report PB 3.5.2020 Page 2 of 11
ZONING HISTORY
May 18, 1970 and July 7, 1972 Initially zoned R-15 (Area 3 and Area 8B)
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 Ogden Fire
District Station 16
Schools Castle Hayne Elementary, Ogden Elementary, Noble Middle, and Laney
(No impacts expected due to age restricted condition)
Recreation Ogden Park, Parkwood Recreation Area, Smith Creek Park ,Smith Creek
Park Preserve, and Kings Grant Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
Conservation resource maps indicate that swamp forest wetlands may be
present on the site. The location of wetlands will be verified and any impacts
addressed through the TRC review process when any specific developments
are proposed.
Historic No known historic resources
Archaeological No known archaeological resources
Z20-06 Staff Report PB 3.5.2020 Page 3 of 11
APPLICANT’S PROPOSED CONCEPTUAL SITE PLAN
The applicant proposes to construct a multi-family development that will consist of up to 72
units, located within one building. The residents will be restricted to age 55 and above.
The proposed building will be 3 stories with a maximum height of 42 feet.
The proposed building and driveway location have been positioned to save existing large
trees along Middle Sound Loop Road.
The Unified Development Ordinance requires opaque buffers to be provided along
property lines of attached housing developments that abut detached or duplex residential
uses and undeveloped residentially zoned land within the General Residential place type.
The stormwater pond will be located in the northeastern portion of the site.
The applicant is proposing to design the stormwater facilities for the project to handle up
to a 25-year event.
ZONING CONSIDERATIONS
Under the current zoning, R-15, the subject site would be permitted a maximum of 12
dwellings at a density of 2.5 du/ac. The proposed 72 units equates to a density of 15.1
du/ac.
The proposed rezoning would increase the number of allowable units on the site by 60 units.
However, impacts from senior living apartments are generally less than other multi-family
housing (i.e., traffic, noise, schools).
Z20-06 Staff Report PB 3.5.2020 Page 4 of 11
The site is located near the Market/Middle Sound commercial node, east of the intersection
of Market Street and Middle Sound Loop 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).
Z20-06 Staff Report PB 3.5.2020 Page 5 of 11
TRANSPORTATION
Access is provided to the subject property by Middle Sound Loop Road.
As currently zoned, the estimated total trips associated with 12 single-family homes is about
9 in the AM peak and 12 in the PM peak.
As a result of their classification as attached Senior Adult Housing, the proposed 72 senior
living apartments are estimated to generate about 14 trips in the AM peak and 20 trips in
the PM peak. Therefore, the proposal would result in an estimated increase of 5 trips in the
AM peak and 8 trips in the PM peak.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development under
Current Zoning: 12 single-family homes 9 AM / 12 PM
Proposed Development under
Proposed (CZD) RMF-M
Zoning:
72 age restricted units 14 AM / 20 PM
While the proposal does not meet the 100 peak hour trip threshold to require a Traffic
Impact Analysis, traffic impacts are analyzed and improvements may be required by
NCDOT during the driveway permitting process.
A recent Traffic Impact Analysis conducted for a proposed mixed-use project on Lendire
Road found that the adjacent intersection of Middle Sound Loop Road and Market Street
operates at an overall acceptable Level of Service (LOS) of D during the peak hours and
is expected to operate at a LOS of E during those hours in 2021.
While volume to capacity ratio, based on average daily trips, can provide a general idea
of the function of adjacent roadways, the delay vehicles take in seconds to pass through
intersections is generally considered a more effective measure when determining the Level
of Service of a roadway. Recent daily traffic counts for Middle Sound Loop Road in the
vicinity of the site indicate the average traffic volumes currently exceed the capacity of the
road. However, the proposed development is not expected to significantly impact traffic
more than when compared to a development under the existing zoning.
Traffic Counts – August 2018
Road Location Volume Capacity V/C
Middle Sound Loop Middle
Sound Loop
200 Block (directly in
front of the site) 12,412 9,600 1.29
Z20-06 Staff Report PB 3.5.2020 Page 6 of 11
Nearby Planned Transportation Improvements and Traffic Impact Analyses
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 by early-
2023.
o The extension of Military Cutoff will run about 1.15 miles 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 Market Street.
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.
Z20-06 Staff Report PB 3.5.2020 Page 7 of 11
o Installation of an additional exclusive eastbound right-turn lane on Lendire Road at
Market Street is required as part of the Ogden Starbucks development. The
installation of this improvement will be coordinated with the Military Cutoff Extension
project.
o NCDOT also intends to perform widening and striping of Lendire Road in 2020. The
widening will consist of the addition of 4 feet of asphalt to each side of the road
for a total widening of 8 feet. The widening of the road will be from Ogden Business
Lane to the Military Cutoff extension right-of-way.
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.
Z20-06 Staff Report PB 3.5.2020 Page 8 of 11
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
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: Complete, however the installation of right-turn lane will be completed
with the Military Cutoff extension project.
Z20-06 Staff Report PB 3.5.2020 Page 9 of 11
3. 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.
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
Existence of wetlands will be verified during the development review process for the site.
The property is within the Howe Creek (SA;ORW) watershed and the Pages Creek
(SA;HQW) Watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, Class III
(severe limitation, however, the site is expected to be served by CFPUA water and sewer.
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. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Z20-06 Staff Report PB 3.5.2020 Page 10 of 11
Future Land Use
Map Place Type General Residential
Place Type
Description
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.
Analysis
The subject property is located near the intersection of Market Street and
Middle Sound Loop Road, near the Ogden Market Place shopping center.
It is situated between Living Water Ministries Church to the west and an
undeveloped lot to the east, with single family homes located to the north
and across Middle Sound Loop Road to the south of the property.
The overall project density of 15 units per acre is considered moderate
according to the range of densities outlined in the Comprehensive Plan.
While that is higher than the 0-6 units per acre recommended for General
Residential, it is in line with the bordering Urban Mixed Use place type,
which is intended for moderate to high (16+ units per acre) residential
density. Additionally, the site layout concentrates a majority of the housing
units along the western Urban Mixed Use border with approximately only
a quarter of the units along the northern property line where the project is
closer to existing single family houses.
By placing the majority of the density along the adjacent Urban Mixed Use
property, the requested CZD RMF-M zoning could assist in providing an
orderly transition between the regional business district along Market
Street, properties anticipated for higher intensity uses, and existing lower
density residential areas. It also supports a range of housing opportunities
and choices in the area, as the proposed project is intended, and will be
conditioned, to provide affordable age-restricted homes.
In addition, the design of this project orients the building along the northern
and western side of the property in an effort to preserve a majority of the
Z20-06 Staff Report PB 3.5.2020 Page 11 of 11
significant trees. The existing natural vegetation in the required buffer along
the property boundaries will remain undisturbed, as well, to aid in providing
an appropriate buffer between the proposed development and existing
residences.
Consistency
Recommendation
While at a higher density than generally recommended for General
Residential areas, the proposed development, which is located in a
transitional area between the General Residential and Urban Mixed Use
places, is generally CONSISTENT with the Comprehensive Plan’s intent to
transition between higher intensity uses and existing residential areas and
providing a range of housing types, opportunities, and choices.
STAFF RECOMMENDATION
The proposed (CZD) RMF-M rezoning is generally CONSISTENT with the 2016 Comprehensive Plan
because the proposal has potential to assist in providing an orderly transition between the regional
business district along Market Street, properties anticipated for higher intensity uses, and existing
lower density residential areas. It also supports a range of housing opportunities and choices in the
area.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to APPROVE the proposed rezoning to a (CZD) RMF-M district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposal provides an orderly transition between higher intensity uses and existing
residential areas, preserves natural areas, and provides a range of housing types. I
also find APPROVAL of the rezoning request is reasonable and in the public interest
because the proposal would benefit the community by providing diverse housing
options and will preserve existing large tress on the site.
[Optional] Note any conditions to be added to the district:
1. The residents will be restricted to 55 years of age and older.
2. In addition to the County’s tree retention standards, the property owner shall retain and
preserve all trees as illustrated on the proposed conceptual site plan unless:
a. The tree has been proven to directly affect the installation, or cause damage to, any
required infrastructure (i.e. water/sewer lines, stormwater, etc.);
b. The tree is proven to be dead, dying, or severely damaged; or
c. The tree is in an unsafe condition that may cause harm to the residents or general
public.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a CZD RMF-M district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposal provides an orderly transition between higher intensity uses and existing
residential areas and provides a range of housing 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.