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HomeMy WebLinkAboutZ20-23 Staff Report PB 1.7.2021Z20-23 Staff Report PB 1.7.2021 Page 1 of 13 STAFF SUMMARY OF Z20-23 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20-23 Request: Rezoning to an RMF-L district Applicant: Property Owner(s): Hamilton Hicks, Jr. Dora Lee E. & David Earl Raines Heirs Location: Acreage: 900 block of North Kerr Avenue 8.28 PID(s): Comp Plan Place Type: R04900-001-001-000 & Portions of R04906-002-008-000, R04907-003- 004-000, & R04907-003-005 General Residential Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the RMF-L district Current Zoning: Proposed Zoning: R-15, Residential RMF-L, Residential Multi-Family Low Density Z20-23 Staff Report PB 1.7.2021 Page 2 of 13 SURROUNDING AREA LAND USE ZONING North Multi-Family Residential (Cornerstone Condos), Undeveloped MF-L (City of Wilmington) MF-M (City of Wilmington) East Single-Family Residential, Marjoram Way Right-of- Way, Undeveloped R-10 (City of Wilmington) South Electric Substation R-15 West Undeveloped MF-M (City of Wilmington) ZONING HISTORY July 1, 1972 Initially zoned R-15 (Area 9A) COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools College Park Elementary, Noble Middle, and New Hanover High Schools Recreation Kings Grant Park, Maides Park, Beaumont Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z20-23 Staff Report PB 1.7.2021 Page 3 of 13 ZONING CONSIDERATIONS  The applicant is proposing to rezone approximately 8.28 acres from R-15 to RMF-L.  The subject property is located on the eastern side of N. Kerr Avenue, between Martin Luther King Jr. Parkway and New Centre Drive. Below: Subject Site in Relation to the City of Wilmington  The subject property consists of four parcels and is within a portion of unincorporated land that is surrounded by the City of Wilmington. The zoning of the surrounding properties within the City includes MF-M, MF-L, R-10, R-7, and RB.  The subject site does not have any frontage on Marjoram Way as the City limits begin slightly east of that road. However, the property owner does own this frontage, as well as the land west of Marjoram, and is currently considering the rezoning of that property to multi-family, as well. According to City Staff and the applicant, the potential City rezoning is on hold at this time. City Staff has indicated a preference for a conditional rezoning request and application for annexation.  The subject site can still be developed under the County’s RMF-L standards even if a rezoning request is not pursued within the City’s jurisdiction. In addition, the applicant’s remaining property within the City could still be developed under the current zoning designation (R-10) if this proposal was approved. Below: Additional Land Owned by Applicant Z20-23 Staff Report PB 1.7.2021 Page 4 of 13  Because this is a general use rezoning, a conceptual plan is not included within the application. If the rezoning is approved, County Staff will coordinate with the City’s Planning Department throughout the development review process.  Under the current R-15 zoning designation, the County’s performance residential standards would allow up to 21 dwelling units at a maximum density of 2.5 dwelling units per acre (du/ac) on the subject property. The applicant is proposing to rezone the subject property to RMF-L which would allow up to 83 dwelling units at a maximum density of 10 du/ac.  Any proposed development would be reviewed by the Technical Review Committee (TRC) to ensure compliance with applicable County and State regulations, including applicable site design and approval provisions within the Unified Development Ordinance (UDO). R-15 RMF-L Min Lot Size (Conventional) 15,000 sf 5,000 sf Max Density (Performance) 2.5 du/ac (21 total units) 10 du/ac (83 total units) Permitted Housing Types Single-family, mobile home, duplex, townhomes, multi-family Single-family, mobile home, duplex, townhomes, multi-family Nonresidential Uses ≈ 26 uses w/ SUP (child care, recreation establishments, convenience stores, kennels) ≈ 20 uses by-right (wholesale nurseries, stables, libraries, churches, schools, EMS) ≈ 15 uses w/ SUP (senior living, nursing & rehab facilities, child care, schools, recreation establishments,) ≈ 15 uses by-right (parks, libraries, churches, EMS) AREA SUBDIVISIONS UNDER DEVELOPMENT Z20-23 Staff Report PB 1.7.2021 Page 5 of 13 TRANSPORTATION  Access is provided to the subject property via Marjoram Way (SR 3300) which connects to New Centre Drive. Due to recent improvements to N. Kerr Avenue, the roadway connection to Sagedale was removed, requiring motorists to use New Centre Drive to get to the subject property. According to NCDOT, a driveway permit will be required for any proposal on this site.  Traffic Impact Analyses are not required for straight rezonings, as a specific development proposal is required to analyze access, potential trip generation, and possible roadway improvements. However, before any major development can occur on this site, the Technical Review Committee (TRC) will review all plans for compliance with applicable County and State regulations.  A by-right residential development on the site under the current zoning (R-15) would allow 21 dwelling units, which is estimated to generate about 20 trips in the AM and 23 trips in the PM peak hours.  Because the RMF-L zoning is intended for a range of housing types, including attached housing, Staff has provided trip generation estimates for the site if it were developed with multi-family or townhomes. Primary and Secondary Access City Street City Street NCDOT Road NCDOT Road Z20-23 Staff Report PB 1.7.2021 Page 6 of 13 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 21 Single-Family Homes 20 AM / 23 PM Typical Multi-Family Development under Proposed RMF-L Zoning: 83 Multi-Family Units 29 AM / 37 PM Net Change with Multi-Family: +9 AM / +14 PM Typical Townhome Development under Proposed RMF-L Zoning: 83 Townhomes 40 AM / 50 PM Net Change with Townhomes: +20 AM / +27 PM  Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadways near the subject site. 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. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C N. Kerr Avenue 1100 Block (north of MLK) 16,500 36,000 0.46 N. Kerr Avenue 900 Block (south of MLK) 21,500 39,200 0.55 Martin Luther King Jr. Parkway East of N. Kerr Avenue 37,000 51,000 0.73 New Centre Drive* East of N. Kerr Avenue 6,309 14,100 0.45 *WMPO 2019 Traffic Counts Z20-23 Staff Report PB 1.7.2021 Page 7 of 13 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby Traffic Impact Analyses: There are no pending or approved Traffic Impact Analyses within the proximity of the subject property that are anticipated to affect this request. Nearby NC STIP Projects:  STIP Project U-3338B o Project to widen Kerr Avenue from Randall Parkway to MLK Parkway. Construction was completed in December of 2019.  STIP Project U-3338C o Project to convert the intersection of N. Kerr Avenue and MLK Parkway into an interchange. o The project is currently scheduled to begin construction in 2029. According to NCDOT, the project design is estimated to be about 90% complete and is not anticipated to impact the land in the southeast quadrant of the intersection. Z20-23 Staff Report PB 1.7.2021 Page 8 of 13  STIP Project U-4902B (Market Street Median) o Project to install a center median and pedestrian accessways along Market Street from north of College Road to Jacksonville Street, and from Cinema Drive to the CSX Railroad. 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 scheduled to begin construction in 2029.  U-5792 (College/MLK Interchange) & U-5881 (College Road Improvements) o Two projects (U-5792 & U-5881) that will upgrade College Road from Gordon Road to New Centre Drive. NCDOT’s recommended plans for these projects include converting certain intersections along College Road into interchanges, including at MLK Parkway and Kings Drive. o The production schedule for the College/MLK Interchange and College Road Improvements projects were to begin right-of-way acquisition in 2024 and 2025, respectively, and bidding of the projects in 2026 and 2028, respectively. However, both of these projects are currently on hold for the foreseeable future. ENVIRONMENTAL  The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.  The property is within the Smith Creek (C; Sw) watershed.  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (unsuitable). However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS SCHOOLS  Students living in a development on the subject site would be assigned to College Park Elementary, Noble Middle School, and New Hanover High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools.  A maximum of 21 dwelling units would be permitted under the current R-15 zoning base density, and 83 units could potentially be developed under the proposed zoning for an increase of 62 dwelling units.  Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 16 additional students than would be generated under current zoning.  County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residential units throughout the entire county. Using the generalized historic generation rate, staff would have estimated that about 3,000 students would have been generated from the new homes over the 5-year period. However, this increase is not reflected in the actual enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than the historic generation rate would have indicated, and the student generation estimates for this proposal are likely much larger than the student growth that can be anticipated to result from the proposed rezoning. Z20-23 Staff Report PB 1.7.2021 Page 9 of 13 *Generalized historic generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. Currently, there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTECH. Generation rates do not take into account different housing types and different locations, which typically yield different numbers of students.  Since the proposed rezoning is for a general use district with no site-specific development plan, it is more likely to have a build-out date approximately 5+ years away, and existing school enrollment is not likely to be as relevant for capacity considerations as projected future enrollment. However, school enrollment projections have not been updated since the school redistricting that went into effect in school year 2020-2021.  Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades that may occur over the next five years or changes to student populations.  New Hanover County Schools is anticipated to release its 2020-21 DPI (Department of Public Instruction) Facility Needs Survey to the New Hanover County School Board on January 5, 2021, which will include NCDPI student projections, anticipated school capacity, and potential facility upgrades. School Enrollment* and Capacity** – 2021-2022 Estimates *Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2020-2021 school year. **Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children’s classrooms beyond the original building design, classrooms to serve a unique population such as ESL, or classrooms designated for art and music if the building wasn’t specifically designed with those spaces. Development Type Intensity Estimated Student Generation (generalized historic student generation rate)* Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high) Typical Development under Current Zoning 21 residential units Total: 6 (3 elementary, 1 middle, 2 high) Typical Development under Proposed Zoning 83 residential units Total: 22 (10 elementary, 5 middle, 7 high) Level Total NHC % Capacity School Enrollment of Assigned School Capacity of Assigned School w/ Portables % of Capacity of Assigned School Funded Capacity Upgrades Elementary 97% College Park 553 492 112% None Middle 107% Noble 720 664 108% None High 105% New Hanover 1,532 1,648 93% None Z20-23 Staff Report PB 1.7.2021 Page 10 of 13 CONTEXT AND COMPATABILITY  The subject property is located along Marjoram Way, a local road that has direct access to New Centre Drive, which is identified as a Major Collector road on the WMPO Functional Classification Map.  The adjacent property to the north within the City is zoned Multiple-Family Residential Low Density, which has the same maximum density as the subject request (10 du/ac). However, the development consists of 60 multi-family dwelling units at a density of 9 du/ac.  The adjacent property to the east within the City is zoned Multiple-Family Residential Medium Density, which has a density maximum of 17 du/ac.  The adjacent single-family zoning in the City (R-10) is mostly undeveloped except for land to the south that is occupied by overhead power lines (utilities).  The recent roadway improvements to Kerr Avenue, a major roadway, and the site’s proximity to Market Street and commercial services, make the area more appropriate for higher densities. Representative Developments of RMF-L: Cornerstone Condominiums Villages at Plantation Landing (Adjacent to the North of Subject Site) Sun Coast Condos and Sun Coast Villas off Gordon Road Z20-23 Staff Report PB 1.7.2021 Page 11 of 13 Representative Developments of R-15: Grayson Park Clay Crossing Plantation Landing NEW HANOVER COUNTY STRATEGIC PLAN  One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services.  Because the subject property is surrounded by the City of Wilmington’s jurisdiction, it is not in a specific community area. However, detached single-family homes make up 80% of residential units in the unincorporated county.  The proposed RMF-L district would allow for attached housing types that would be less likely under the current R-15 zoning and could increase the diversity of housing types in New Hanover County’s planning jurisdiction. Z20-23 Staff Report PB 1.7.2021 Page 12 of 13 2016 COMPREHENSIVE 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. 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 N. Kerr Ave and Martin Luther King Jr. Parkway. Recent improvements have widened the roadway and impacted driveway access to N. Kerr Ave. While portions of this area are zoned for single-family development, the recent improvements and upgrades to N. Kerr Ave make future single-family development less likely. The site is immediately adjacent to MF-L and MF-M multi-family zoning within the City of Wilmington to the north and east and is largely separated from undeveloped single-family zoned properties by Marjoram Road to the west. The intent of designating this area as General Residential was to provide development consistent with the existing neighborhoods in a place where a mix of uses is less appropriate because of its location in the middle of a residentially zoned area. The Comprehensive Plan indicates that a variety of housing types, including lower density multi-family, are typical and encouraged in the General Residential place type. While the proposed zoning district would allow for up to 10 units per acre, which would be on the higher end of the density range of up to eight units per acre outlined for General Residential areas, RMF-L is the lowest density multi-family zoning designation and would serve as an appropriate transition between Z20-23 Staff Report PB 1.7.2021 Page 13 of 13 higher intensity development and zoning to the east and the lower density zoning still applied to the properties to the west. The densities and range of housing types permitted by the proposed district would also allow for a consistent development pattern in this area. In addition to being generally in line with the goals in the County’s Comprehensive Plan, the City of Wilmington’s Comprehensive Plan designated the area between Martin Luther King Jr. Parkway and New Centre Dr as a Higher Intensity Area of Opportunity. This designation represents those parts of the city that have the greatest potential to accommodate future growth, infill, and new development. Consistency Recommendation The proposed RMF-L rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the residential uses allowed are in line with the lower density multi-family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods. STAFF RECOMMENDATION Staff recommends approval of this application and suggests the following motion: I move to APPROVE the proposed rezoning to an RMF-L district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi-family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods. 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, is an appropriate application of infill development due to its proximity to major roadways, commercial services, and other existing multi-family developments and zoning, and it is unlikely to be developed as single-family because of the recent and future roadway improvements along North Kerr Avenue and Martin Luther King Jr. Parkway. Alternative Motion for Denial I move to DENY the proposed rezoning to an RMF-L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi-family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest since a rezoning application for the remainder of the applicant’s land within the City’s jurisdiction is not being reviewed at this time, reducing the ability to create a viable and consistent unified development that each jurisdiction’s Board can consider concurrently.