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HomeMy WebLinkAboutZ22-16 Planning Board Staff Report V3Z22-16 Staff Report PB 6.2.2022 Page 1 of 14 STAFF REPORT FOR Z22-16 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z22-16 Request: Rezoning to an O&I district Applicant: Property Owner(s): Kelly Summerlin with Integral Commercial Group Bethany Presbyterian Church Location: Acreage: 2311 Castle Hayne Road 2.42 PID(s): Comp Plan Place Type: R03300-001-006-001 Community Mixed Use Existing Land Use: Possible Land Use: Single Family Dwelling Uses listed for the CB district in Table 4.2.1 Principal Use Table of the UDO Current Zoning: Proposed Zoning: O&I, Office and Institutional CB, Community Business SURROUNDING AREA LAND USE ZONING North Single-Family Residential O&I East Undeveloped Land O&I South Bethany Presbyterian Church R-20 West Stormwater Pond and open space R-20 Z22-16 Staff Report PB 6.2.2022 Page 2 of 14 ZONING HISTORY July 1, 1974 Initially zoned R-20. May 3, 1999 Rezoned to O&I COMMUNITY SERVICES Water/Sewer Water services are available through CFPUA. Sanitary sewer is available through CFPUA with a force main connection or can be serviced by a private septic system approved and permitted by the NHC Health Department. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station 11 Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic The Niggle-Johnson House constructed in 1908. Archaeological No known archaeological resources APPLICANT’S PROPOSAL • The applicant is proposing to rezone the property to the CB, Community Business Zoning District. The applicant stated the property has been marketed for sale and the rezoning would make the property a more attractive prospect for potential buyers. Z22-16 Staff Report PB 6.2.2022 Page 3 of 14 ZONING CONSIDERATIONS • The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 district was to ensure that housing served by private septic and wells would be developed at low densities. • Since that time the area has experienced a shift with the addition of commercial and residential growth to the north and south with CZD B-2, Shopping Center, and CZD B-1 zoning and higher density R-15 and Urban Mixed Use to the north and similarly zoned B- 1, B-2, and R-15 to the south. • The property was rezoned to the O&I zoning district in 1999. At that time Bethany Presbyterian Church was selling the property and believed a commercial zoning designation would facilitate interest. • The O&I district was established to provide lands that accommodate institutional, professional office, and other compatible uses. O&I districts are intended for areas with more intense uses and higher density development patterns to support economic clusters in appropriate locations. • The O&I district allows both residential and commercial development. As currently zoned, the subject site would be allowed a maximum density of 6 du/ac at 2.5 du/ac allowed under the performance standards for residential zoning. Z22-16 Staff Report PB 6.2.2022 Page 4 of 14 • The O&I district requires a 25-foot side interior setback, 30-foot rear setback, and Type A opaque buffer from adjacent single-family development and residentially zoned properties for commercial development. • 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. The CB district also serves as a buffer between higher density / intensity development and moderate or low-density multi-family and single-family neighborhoods. • The CB district does not permit residential development and requires a 25-foot side interior setback, 30-foot rear setback, and Type A opaque buffer from adjacent single-family development and residentially zoned properties. • If approved, any future development 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. Z22-16 Staff Report PB 6.2.2022 Page 5 of 14 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-16 Staff Report PB 6.2.2022 Page 6 of 14 TRANSPORTATION • Existing access is provided to the subject property from Castle Hayne Road, NCDOT minor arterial road. • There is currently full access to the property through both left and right-in turns from Castle Hayne Road. • Traffic Impact Analyses (TIAs) are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements. • Before any development can occur on this site, the Technical Review Committee (TRC) will review all plans for compliance with applicable land use regulations, including any recommended roadway improvements from TIAs to ensure adequate traffic safety and Z22-16 Staff Report PB 6.2.2022 Page 7 of 14 distribution. Recommended roadway improvements will be completed as required by a TIA or through the NC Department of Transportation (NCDOT) Driveway permitting process. • The trips generated from the current O&I district and proposed CB district would vary based on the proposed uses within the district. It is estimated that 2.42 acres zoned O&I can generally support approximately 19,000 square feet of traditional general retail uses based on a typical 18% building area for this type of zoning. • As currently zoned, such a development is estimated to generate about 40 AM peak hour trips and 42 PM peak hour trips. • Such a development within the proposed CB zoning is estimated to generate the same 40 AM peak hour trips and 42 PM peak hour trips. • There is no net change from the potential trip generation if the site were to be developed under the existing O&I district to the proposed CB district. • As there is not a specific development proposal to analyze traffic impacts for 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. However, the available volume to capacity data indicates capacity currently exists in this area. WMPO Average Annual Daily Traffic (AADT) - 2021 Road Location Volume Capacity V/C Castle Hayne Road Between Chadwick Ave and Carl Seitter Dr 19,222 15,459 1.24 • The site is located on Castle Hayne Road between Chadwick Avenue and Carl Seitter Drive. The WMPO has estimated that section to operate at a “F” Level of Service (LOS). Intensity Approx. Peak Hour Trips Existing Development: 1 Single-Family Dwelling 1 AM / 1 PM Typical Development under Current Zoning: 19,000 sq ft office building (typical O&I buildout on this acreage) 40 AM / 42 PM Potential Trip Generation Under Proposed Rezoning: Approximately 19,000 sq ft office building (typical CB buildout on this acreage) 40 AM / 42 PM Potential Net Change under Proposed Zoning: - 0 AM / 0 PM Z22-16 Staff Report PB 6.2.2022 Page 8 of 14 • According to the TIA completed for the nearby Wrightsboro Commons project, the Castle Hayne Road and N. Kerr Avenue intersection was estimated to operate at a “D/E” Level of Service (LOS) in 2021 when Phase 1 of that project was expected to be completed. Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5863 o Widening Castle Hayne Road from I-140 / Wilmington Bypass to Division Drive. o The project is currently scheduled to begin construction after 2029. Z22-16 Staff Report PB 6.2.2022 Page 9 of 14 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 1. Wrightsboro Apartments • 226 Multi-Family Units • TIA approved November 28, 2018 • 2023 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a new signal plan at the intersection of N. Kerr Avenue and Castle Hayne Road. Nearby Proposed Developments included within the TIA: • Riverside Development Status: Phase 1 preliminary plan approved by the Technical Review Committee. ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The site does contain AE Special Flood Hazards. • The property is within the Ness Creek watershed. • A 45-foot-wide utility and drainage easement runs parallel to the southern property line. The easement is maintained by New Hanover County (Book 5232, Page 1338-1342). • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consists of Class II (moderate limitation) and Class IV (unsuitable) soils. There is an existing septic system on the property. Any future development will be required to consult with CFPUA on the feasibility of sewer connection or with Environmental Health to inspect the existing septic system. Z22-16 Staff Report PB 6.2.2022 Page 10 of 14 OTHER CONSIDERATIONS Existing Conditions Representative Developments Representative Developments of O&I: Element Outdoor Living in Hightsville Z22-16 Staff Report PB 6.2.2022 Page 11 of 14 Representative Developments of CB: WARM, INC in Wilmington Southern Roots Salon in Wilmington Z22-16 Staff Report PB 6.2.2022 Page 12 of 14 Context and Compatibility • The property is located on Castle Hayne Road adjacent to the Bethany Presbyterian Church south of the intersection of Kerr Avenue and Castle Hayne Road, an area of commercial growth in Wrightsboro. • The property is in a transitional area on the edge of a commercial node and has been zoned O&I since 1999 but has not been developed commercially. • The surrounding area is residentially developed with some commercial development along Castle Hayne Road and at the major intersections at 23rd Street and Castle Hayne Road to the south of the site. • Due to the existing zoning, location, and nearby development patterns it is unlikely that the property will be developed residentially. And while the O&I and CB zoning districts are similar, the CB allows for additional uses not allowed within the O&I. 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. Z22-16 Staff Report PB 6.2.2022 Page 13 of 14 Analysis The Comprehensive Plan classifies the property as Community Mixed Use, which promotes small-scale, compact, mixed use development patterns that act as an attractor for county residents and visitors. The site is accessed by Castle Hayne Road and located between two commercially developed areas to the north and south that serve surrounding residential subdivisions. Types of uses encouraged under the Community Mixed Use place type include office, retail, mixed use, recreational, commercial, institutional, and residential development up to 15 units per acre. The CB zoning district is intended for the development, growth, and continued operation of businesses that serve surrounding neighborhoods. Additional residential growth generates need for community level commercial nodes with transitional zoning between them. While the O&I serves as a transitional zoning district, the uses allowed within the CB district provide for both small scale commercial growth and transitional uses outside the commercial node to the north. The CB district provides areas for commercial growth to serve existing and future residential development and could act as a buffer between higher density / intensity development and moderate to low density residential neighborhoods. Consistency Recommendation The proposed CB zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the types of uses allowed within the Community Mixed Use place type would support small scale commercial centers of a transitional nature in the Wrightsboro area that would generate infill commercial development between two commercial intersections along an established corridor. STAFF RECOMMENDATION While a conditional zoning application would have been preferred for the property in order to allow staff to fully analyze potential impacts to surrounding properties, staff finds the proposed CB zoning district to be a similar classification to the existing O&I district with a reduction in potential residential density and increased availability of potential commercial uses. The function of the property as a transition between existing commercial and residential areas will be retained. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed rezoning to a CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the types of uses allowed within the Community Mixed Use place type would support small scale commercial centers of a transitional nature in the Wrightsboro area that would generate infill commercial development between two commercial intersections along an established corridor. I also find RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because the CB district Z22-16 Staff Report PB 6.2.2022 Page 14 of 14 provides areas for commercial growth to serve existing and future residential development and act as a buffer between higher density / intensity development and moderate to low density residential neighborhoods. 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 the types of uses allowed within the Community Mixed Use place type would support small scale commercial centers of a transitional nature in the Wrightsboro area that would generate infill commercial development between two commercial intersections along an established corridor. I find RECOMMENDING DENIAL of the rezoning request is reasonable and in the public interest because the CB district allows additional uses that could impact neighboring properties and adversely impact conditions on Castle Hayne Road.