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HomeMy WebLinkAboutZ22-09 Staff Report BOC 5.2.22STAFF REPORT FOR Z22-09 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY  Case Number: Z22-09  Request:  Rezoning to a Conditional CB, Community Business district  Applicant: Property Owner(s):  James Fentress with Stroud Engineering Dallas Harris Land Company  Location: Acreage:  7491 Market Street 1.1  PID(s): Comp Plan Place Type:  R03618-012-032-000 Community Mixed Use  Existing Land Use: Proposed Land Uses:  Undeveloped Bank/Financial Institution, Medical and Dental Office and Clinic, Offices for Private Business and Professional Activities  Current Zoning: Proposed Zoning:  R-15, Residential District (CZD) CB   / SURROUNDING AREA   LAND USE ZONING  North Single-Family Residential (English Moor at West Bay) R-15  East Market Street; Medical Offices O&I  South West Bay Buffer, General Retail, Contractor Office R-15, B-2  West Single-Family Residential (Rockport at West Bay) R-15   / ZONING HISTORY  July 7, 1972 Initially zoned R-15 (Area 8B)   COMMUNITY SERVICES  Water/Sewer Water and sewer services are available through CFPUA, and the property is currently connected to both.  Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station  Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools  Recreation Ogden Park, Pages Creek Nature Preserve   CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES  Conservation No known conservation resources  Historic No known historic resources  Archaeological No known archaeological resources   APPLICANT’S PROPOSED CONCEPTUAL PLAN   / Includes Staff Markups The applicant is proposing to construct a 2,400 sf bank with a covered drive-thru ATM area consisting of three lanes. The building is proposed at one story and 25’ in height. In addition to the proposed bank/financial institution use, the applicant is also proposing that Medical and Dental Office and Clinic and Offices for Private Business and Professional Activities be included to allow for future flexibility in land uses. The applicant’s proposed conceptual plan includes preliminary design for required setbacks, parking, landscaping and buffering, and stormwater detention. Existing regulated trees in the buffer area on the western boundary of the lot will be retained, and this area will be supplemented as needed to achieve 100% opacity within 1 year of planting per ordinance requirements. ZONING CONSIDERATIONS  The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. Since its original zoning designation in 1972, this portion of the county and the Market Street corridor have experienced a gradual shift from the original R-15 zoning to more commercial districts and uses, a trend that is expected to continue. The CB district was established to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. Development in this district is intended to be designed in a form and at a scale that is both walkable and accessible to vehicles and located at intersections and along streets that will allow multiple neighborhoods access to the district’s businesses. The district is also intended to serve as a buffer between higher density/intensity development and moderate or low-density multi-family and single-family neighborhoods. In the CB district, a minimum 25-foot rear setback, 20-foot interior setback, and 20-foot opaque bufferyard are required where the development abuts existing single-family properties. The site also lies within the Special Highway Overlay District, which subjects it to additional standards such as increased structure and parking setbacks from Market Street as well as requirements governing lot coverage and signage. The site was initially recorded as a “buffer” lot for Rockport at West Bay Estates when the community was platted in 1994. Based on staff research into the recording of this lot as a buffer on the recorded plat, it appears that this dedication was voluntary, and there is not currently a known legal requirement to maintain this parcel as a buffer for Rockport at West Bay Estates. The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5 foot candles. The UDO does not prescribe limitations on the height, wattage, bulb-type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. AREA SUBDIVISIONS UNDER DEVELOPMENT  / TRANSPORTATION   / Access points are proposed to be provided to the subject property from Market Street, an NCDOT maintained principal arterial, and Torchwood Boulevard, an NCDOT maintained minor collector street. The proposed access points to both Market Street and Torchwood Boulevard will function as right-in/right-out movements. Internal circulation throughout the site and through the drive-thru ATM area is provided via internal drive aisles. As currently zoned, it is estimated the site would generate about 3 trips during the peak hours if developed at the permitted density. The proposed (CZD) CB development would alter the estimated number of peak hour trips by the following: Approximate increase of 26 AM and 55 PM peak hour trips if developed at the specific proposed use of a drive-thru bank; Approximate increase of 6 AM and 9 PM peak hour trips if developed with 3,000 sf of medical office/clinic; Approximate increase of 2 AM and 3 PM peak hour trips if developed as a 3,000 sf general office building. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Intensity Approx. Peak Hour Trips  Existing Development: Undeveloped 0 AM / 0 PM  Typical Development under Current Zoning: 3 Single-Family Dwellings 3 AM / 3 PM  Proposed Development: 2,400 Square Foot Bank/Financial Institution 29 AM / 58 PM   3,000 Square Foot Medical/Dental Office 9 AM / 12 PM   3,000 Square Foot Private/Professional Office 5 AM / 6 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 roadway 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. The volume to capacity ratios at this location indicate Market Street is over its planning capacity, while Torchwood Boulevard is near its planning capacity. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C  Market Street Approximately 0.5 miles south of subject property 59,890 37,232 1.61  Torchwood Boulevard North of subject property 7,745 8,000 0.97   Nearby Planned Transportation Improvements and Traffic Impact Analyses   / Nearby NC STIP Projects: STIP Project U-4902D – Market Street median 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. The project is currently under construction and is expected to be completed by early-2023. STIP Projects U-475, U-4751A – Military Cutoff Extension Project to extend Military Cutoff from Market Street to I-140. The project is currently under construction and is expected to be completed in early-2023. The extension of Military Cutoff will intersect Torchwood Boulevard just over ¾ 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. 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. Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) 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  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 complete. The installation of right-turn lane will be completed with the Military Cutoff extension project.   Proposed Development Land Use/Intensity TIA Status  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 issued in November 2021; no construction has started at this time.   Proposed Development Land Use/Intensity TIA Status  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. Preliminary plans have been reviewed by the TRC.   Proposed Development Land Use/Intensity TIA Status  Bailey Shoppes 4,800 sf of Office 6,600 sf of Shopping Center 1,200 sf of Fast Food Restaurant with Drive-Thru 2,400 sf of High-Turnover Restaurant Approved February 20, 2018 2018 Build Out Year (No Update Needed Per NCDOT)  The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: Installation of a southbound right-turn lane from Bump Along Road to Mendenhall Drive Installation of a traffic signal at a future u-turn movement to be located approximately 800 feet south of Alexander Road  Nearby Proposed Developments included within the TIA:  Aldi at Marsh Oaks Amberleigh Shores Phase II  Development Status: Initial site work has been completed; however, no structures have been constructed at this time.   ENVIRONMENTAL  The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. The property is within the Pages Creek watershed. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable with slight limitations) soils; however, the project will connect to CFPUA sewer services. OTHER CONSIDERATIONS   Representative Developments  Representative Developments of R-15: / Rockport at West Bay Estates / English Moor at West Bay Estates Representative Developments of Land Use: / 7320 Market Street / State Employees Credit Union on Market Street Context and Compatibility  The property is located along the Market Street corridor, which, as a principal arterial, is one of the more intensely developed commercial corridors in the unincorporated county. The site is located at the southern extent of the Special Highway Overlay district and lies in a transitional area between the Porters Neck high growth node to the north and the Ogden commercial node, both of which are classified as Urban Mixed Use, the highest intensity place type in the 2016 Comprehensive Plan. While many properties with frontage along Market Street retain their initial R-15 zoning, this corridor has functioned as a main commercial corridor for a substantial time and similar smaller, residentially zoned properties have been transitioning to commercial property. Due to the location and surrounding development patterns, the property is less likely to be developed with low density housing as the corridor continues to be developed with commercial uses to serve residents in this portion of the county. Due to the site’s proximity to adjacent single-family residential to the west and its historic use as a buffer property between these properties and Market Street, the design of lighting associated with the business use may need additional consideration to ensure compatibility. 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 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.   Analysis  The subject site is located along a major arterial in a location that is likely to continue to develop with commercial uses to serve nearby residents. The Market Street corridor in this area of the county is one of the county’s most heavily traveled commercial corridors, and the site is between the Porters Neck growth node and the Odgen commercial node, both of which are classified under the county’s highest intensity place type. The proposed uses are consistent with those encouraged within the Community Mixed Use place type, and development of the site with these lower intensity commercial uses can serve as a transition between the Urban Mixed Use areas to the north and south. Though the site has historically been used as a buffer between Rockport at West Bay Estates and Market Street, development of the site with the proposed uses under the CB zoning district may be appropriate with the application of the UDO’s regulations on landscaping, buffering, and lighting. Development in the CB district is intended to be designed in a form and at a scale that is both walkable and accessible to vehicles and located at intersections and along streets that will allow multiple neighborhoods access to the district’s businesses. The district is also intended to serve as a buffer between higher density/intensity development and moderate or low-density multi-family and single-family neighborhoods. The proposed uses at the subject site are in line with the intent of the district.  Consistency Recommendation The proposed uses are generally CONSISTENT with the 2016 Comprehensive Plan because they will provide lower impact, transitional uses that are in line with both the Community Mixed Use place type as well as the intent of the CB district.   PLANNING BOARD MEETING   The Planning Board considered this application at their April 7, 2022 meeting. At the meeting, adjacent property owners spoke in opposition with concerns related to flooding and stormwater concerns in the project vicinity, traffic circulation, noise and potential mitigation options, and impacts from lighting. The Planning Board recommended approval of the petition (6-0). The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the type of uses that are appropriate in the Community Mixed Use place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is in line with the intent of the CB district and can provide transitional uses from single-family residential homes to the west and the Market Street corridor. The Board recommended the following conditions: The height of exterior light fixtures shall not exceed 25 ft. and all exterior luminaries, including security lighting, shall be full cut-off fixtures that are directed downward. An additional row of vegetation beyond the UDO requirements shall be provided in the buffer area along the northwestern property line. The location of the dumpster shall be shifted south and screened with vegetation. Hours of operation shall be from 8 AM to 7 PM. STAFF RECOMMENDATION  Based on the recommended uses for the Community Mixed Use places, intent of the CB district, and the context and compatibility with the immediate surrounding area, staff concurs with the Planning Board’s recommendation and suggests the following motion with the recommended conditions: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of uses that are appropriate in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is in line with the intent of the CB district and can provide transitional uses from single-family residential homes to the west and the Market Street corridor. Proposed conditions: The height of exterior light fixtures shall not exceed 25 ft. and all exterior luminaries, including security lighting, shall be full cut-off fixtures that are directed downward. An additional row of vegetation beyond the UDO requirements shall be provided in the buffer area along the northwestern property line. The location of the dumpster shall be shifted south and screened with vegetation. Hours of operation shall be from 8 AM to 7 PM. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of uses that are appropriate in the Community Mixed Use place type, 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 land use will adversely impact the adjacent residential areas.