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Z22-19 BOC Staff Report - FinalZ22-19 Staff Report BOC 11.14.2022 Page 1 of 16 STAFF REPORT FOR Z22-19 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z22-19 Request: Rezoning to an RMF-L district Applicant: Property Owner(s): Mike Brown with Cape Fear Four, LLC. Daniel Webster Trask, OFC Properties LLC. AMMO, Dump/Lake +9 LLC, The Ethel Trask Coupland Revocable Trust, Webster Trask Revocable Trust Location: Acreage: South of Interstate I-140, west of Blue Clay Road, and north of North Kerr Avenue 23.65 PID(s): Comp Plan Place Type: R02600-003-003-000 and R02613-001-001-000 Community Mixed Use Existing Land Use: Proposed Land Use: Agricultural The property would be allowed to be developed in accordance with the RMF-L district Current Zoning: Proposed Zoning: PD RMF-L SURROUNDING AREA LAND USE ZONING North Single-Family Residential R-15, I-2 East Agricultural Land, Agritourism PD South Undeveloped Land I-2 West Undeveloped Land R-10, R-15 Z22-19 Staff Report BOC 11.14.2022 Page 2 of 16 ZONING HISTORY July 7, 1972 Initially zoned I-2 (Area 8B) August 14, 2006 Rezoned to PD with a Master Development Plan (Blue Clay Farm) and includes single family, multi family, commercial, and offices. COMMUNITY SERVICES Water/Sewer Water is available through a mainline extension and wastewater services are available through CFPUA; however, a pump station may be required. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High School Recreation Cape Fear Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-19 Staff Report BOC 11.14.2022 Page 3 of 16 APPLICANT’S PROPOSAL • The applicant is proposing to rezone approximately 23.65 acres from PD, Planned Development residential district to the RMF-L, Residential Multi-Family Low Density residential district. • According to the applicant, the approved PD Master Development Plan, with the limit of 2.5 acres for this parcel, is no longer the best and highest use of the property and would not meet the needs of the current market demand. • This request is for a straight rezoning, any approval would allow for all uses outlined for the requested district and could not include conditions. Any future development would be subject to the general development standards for the district outlined in the Unified Development Ordinance (UDO), including lighting and vegetative buffers. ZONING CONSIDERATIONS • The I-2 district in this area was established in 1972; however, the parcel was rezoned in 2006 to PD as part of the Blue Clay Farms development. The applicant seeks to rezone 23.65 acres of the 745.11acre parent parcel to RMF-L. • Zoning from Interstate I-140 to North Kerr Avenue has progressively changed over the past decade to include a mix of residential uses with moderate densities. The Master Development Plan (MDP) for Blue Clay Farms includes plans for commercial, office, and residential uses across Blue Clay Road from the subject site. • The site is currently used for agricultural purposes. • The approved MDP for the Blue Clay Farms PD, includes this site. If approved, this rezoning request will render this portion of the original MDP void. • The approved MDP includes single family, multi family, commercial, and offices. A major point of consideration for the original Planned Development approval was a future interchange at Blue Clay Road and Interstate I-140. • Development was limited to 2.5 (du/ac) as the 2006 Joint CAMA Plan classified the parcel as an Aquifer Resource Protection Area along with the majority of land in the Castle Hayne area. With the creation of the 2016 Comprehensive Plan and availability of sewer, this density maximum is no longer necessary as its purpose was to reduce cross contamination of septic systems with wells. • Under the approved MDP, the current zoning would allow up to 59 dwelling units at a maximum density of 2.5 (du/ac) on the subject site, though the remainder of the planned development was allowed a maximum density of 10.2 (du/ac). • The purpose of the RMF-L district is to accommodate lands for moderate density single family and low-density multi-family development of varying types and designs. The intent is that the RMF-L district will provide options for alternative housing types near or in direct relationship to single-family detached development with a range of housing options. • If developed at the maximum RMF-L density of 10 units per acre, this could yield a potential maximum of 237 dwelling units. This would result in 178 more dwelling units than approved under the current zoning. Z22-19 Staff Report BOC 11.14.2022 Page 4 of 16 • Structure setback is contingent on the number of stories of any proposed multi-family development. • If approved, development on the parcel would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements. AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-19 Staff Report BOC 11.14.2022 Page 5 of 16 TRANSPORTATION • There is currently full access to the property from Blue Clay Road, an NCDOT-maintained minor arterial street. The property is bordered by Interstate I-140 to the north; however, no access is available to Interstate I-140. • Traffic impact analyses are not required for straight rezonings as a specific development proposal is required to thoroughly analyze potential trip generation. • 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 distribution. Recommended roadway improvements will be completed as required by a TIA or through the NC Department of Transportation (NCDOT) Driveway permitting process. Z22-19 Staff Report BOC 11.14.2022 Page 6 of 16 • The existing PD zoning would permit a maximum of 59 dwelling units under the approved MDP, which is estimated to generate about 46 AM and 61 PM peak hour trips. • Under the proposed RMF-L zoning district, a maximum of 237 dwelling units could potentially be constructed on the site, which is estimated to generate 163 AM and 224 PM peak hour trips. • The net change from the potential trip generation if the site were to be developed under the existing PD district to the proposed RMF-L district shows an approximate increase of 117 AM peak hour trips and an approximate increase of about 163 PM peak hour trips. • 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 roadways in the vicinity of 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 most recent traffic counts in the area indicate capacity currently exists on Blue Clay Road. NCDOT Average Annual Daily Traffic (AADT) – 2021 Road Location (Block) Volume Capacity V/C LOS Blue Clay Road (north of Old Mill Road) North of Old Mill Rd 5,435 10,978 0.50 A Blue Clay Road (south of Juvenile Center Road) South of Juvenile Center Rd 5,467 10,978 0.51 A • The Level of Service (LOS) of this portion of Blue Clay Road is rated as ‘A’. Intensity Approx. Peak Hour Trips Typical Development under Current Zoning: 59 Dwelling Units 46 AM / 61 PM Development under Proposed RMF-L Zoning (Multi Family Detached ): 237 Dwelling Units 163 AM / 224 PM Development under Proposed RMF-L Zoning (Single Family attached): 237 Dwelling Units 118 AM / 138 PM Potential Net Change under Proposed Zoning: + 117 AM / + 163 PM Z22-19 Staff Report BOC 11.14.2022 Page 7 of 16 • While not still programmed for funding by NCDOT, an interchange at Interstate I-140 and Blue Clay Road is still included in the WMPO’s Metropolitan Transportation Plan, making it eligible for future federal funding. Proposed Half Clover Interchange (U-4436) Subject Parcel Z22-19 Staff Report BOC 11.14.2022 Page 8 of 16 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road from I-140 to Division Drive. This project will add a center turn lane or median to sections of the road. o The project is currently scheduled to begin construction after 2029. Z22-19 Staff Report BOC 11.14.2022 Page 9 of 16 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. Blue Clay Industrial • LUC 140 – 891,750 sf Manufacturing • In review • 2027 Phase 1 Build Out Year • 2032 Phase 2 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • NCDOT will provide the required improvements when the (TIAs) review is complete. Nearby Proposed Developments included within the TIA: • Sidbury Farms • Sidbury Crossing Development Status: Construction has not started, and Development is under review at this time. ENVIRONMENTAL • The property is not within a Natural Heritage Area. The property is not located within a Special Flood Hazard Area. • The property is within the Smith Creek 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) & II (moderate limitation) soils. Water is available through a mainline extension and wastewater services are available through CFPUA; however, a pump station may be required. Z22-19 Staff Report BOC 11.14.2022 Page 10 of 16 OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Castle Hayne Elementary School, Holly Shelter Middle, and Laney High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 59 dwelling units would be permitted under the current PD zoning density, and 237 units could potentially be developed under the proposed zoning for an increase of 178 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in an increase of approximately 39 more students than the number of students who are estimated to be generated under the existing zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Generation Existing Development Agricultural Total: 0 (0 elementary, 0 middle, 0 high Typical Development under Current Zoning 59 residential units Total: 13 (5 elementary, 3 middle, 5 high) Potential Development under Proposed Zoning Districts 237 residential units Total: 52 (21 elementary, 12 middle, 19 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 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. **Because the student generation rate often results in fractional numbers, all approxim ate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Z22-19 Staff Report BOC 11.14.2022 Page 11 of 16 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. School Enrollment* and Capacity** (2021-2022 School Year) *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021 -2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021 -2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Level Total NHC Capacity School Projected Enrollment of Assignment School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 95% Castle Hayne 463 529 88% None Middle 108% Holly Shelter 965 934 103% None High 100% Laney 2125 2013 106% None Z22-19 Staff Report BOC 11.14.2022 Page 12 of 16 Existing Development Current Conditions: Looking south on Blue Clay Road Looking southwest on Blue Clay Road Looking northwest on Blue Clay Road Looking north on Blue Clay Rd at Interstate I-140 Z22-19 Staff Report BOC 11.14.2022 Page 13 of 16 Representative Developments Representative Developments of RMF-L (Proposed Zoning/Land Use): Woodlands at Echo Farms (City of Wilmington) Context and Compatibility • The subject parcel is bordered by a130-foot-wide CSX railroad right-of-way to the west and Interstate I-140 to the north restricting access to only Blue Clay Road, an NCDOT maintained minor arterial road. • Adjacent development consists of a mix of agricultural, forested, and undeveloped property to the east and west. • Access may be available to Interstate I-140 if the proposed interchange at I-140 and Blue Clay Road is funded. • The subject site is located about 1.8 miles from the Wrightsboro commercial node and about 1.6 miles from the North Chase - Cape Fear Community College growth node. • The subject site is in close proximity to the downtown and airport economic hubs, employment opportunities including N. Kerr Industrial Park, and other regional destinations. • Over time as sewer service became more available, the surrounding area has been transitioning from lower density single-family development to moderate density housing types. Z22-19 Staff Report BOC 11.14.2022 Page 14 of 16 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 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. Z22-19 Staff Report BOC 11.14.2022 Page 15 of 16 Analysis The subject property is in the northern portion of the county along a minor arterial road. The subject site is located between Wrightsboro commercial node and Northchase-Cape Fear Community College growth node. Residential developments that have been approved nearby include Rachel’s Place with an approved density of 3.30 du/ac, the Covenant I with an approved density of 7.90 (du/ac), Covenant II with an approved density of 7.08 (du/ac), Blue Clay Townes with an approved density of 6.60 du/ac, and Blue Clay Farms Master Development Plan with an approved density of 10.20 (du/ac). The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of a mix of residential, office, and retail uses at moderate densities. This classification intends for residential development at moderate densities that could provide a transition between lower density development patterns and higher intensity employment centers, such as the N. Kerr Industrial Park and the County’s Blue Clay Commerce Park which is under development. Within this general location of the County the approved Master Development Plan for Blue Clay Farms has commercial, office and residential uses included. The proposed RMF-L adds similar moderate density uses within this corridor. In addition, the project is in line with the preferred density range of the Community Mixed Use place type, promotes the mixture of uses recommended within the Community Mixed Use place type, and supports the Comprehensive Plan’s goal to provide for a range of housing types and opportunities for households of different sizes and income. Consistency Recommendation The proposed RMF-L zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing options recommended in the Community Mixed Use place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Z22-19 Staff Report BOC 11.14.2022 Page 16 of 16 PLANNING BOARD MEETING The Planning Board considered this application at their October 2, 2022 meeting. No one spoke in opposition to the request. The Planning Board recommended approval of the petition (4-1). The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the density and range of housing options recommended 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 it will provide additional housing in close proximity to existing and future commercial development serving nearby residents. STAFF RECOMMENDATION Because of the level of existing and planned development within this general location of the County, the minimal impacts on the adjacent properties in this area, consistency with the Comprehensive Plan, and the types of development recommended within the Community Mixed Use place type, staff concurs with the Planning Board’s recommendation 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 2016 Comprehensive Plan because the project provides for the density and range of housing options recommended in the Community Mixed Use place type. I also find APPROVAL of the project is reasonable and in the public interest because it will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Alternative Motion for Denial I move to DENY of 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 project provides for the density and range of housing options recommended 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 density will adversely impact the adjacent areas.