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HomeMy WebLinkAboutZ23-06 Planning Board Staff ReportZ23-06 Staff Report PB 3.2.2023 Page 1 of 18 STAFF REPORT FOR Z23-06 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-06 Request: Rezoning to a Conditional RMF-M district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Giovanni Ippolito & Tanya Vlacancich Location: Acreage: 6634 Carolina Beach Road 4.56 PID(s): Comp Plan Place Type: R08200-001-036-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped 72 Unit Multi-Family Residential Current Zoning: Proposed Zoning: R-15, Residential (CZD) RMF-M SURROUNDING AREA LAND USE ZONING North Religious Institution R-15 East Single-Family Residential R-15 South Single-Family Residential R-15 West Religious Institution and Single-Family Residential R-15 Z23-06 Staff Report PB 3.2.2023 Page 2 of 18 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer Water and sanitary sewer services are available through CFPUA by extension of public utility mains Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station 19 Schools Ashley High School, Murray Middle School, Anderson Elementary School Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Developer delineated wetlands on the property. Historic No known historic resources Archaeological No known archaeological resources Z23-06 Staff Report PB 3.2.2023 Page 3 of 18 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct six three-story, 12-unit multi-family structures totaling a maximum of 72 units. The concept plan includes an amenity center, recreation area, and open space. • The proposed maximum building height is 40 feet. • The applicant’s proposed conceptual plan shows the multi-family structures and amenity center in a circular formation towards the center of the parcel. The parking area circles the buildings providing an additional spatial buffer between the multi-family units and neighboring residential uses. Proposed Right Turn Lane Amenity Center Proposed Stormwater 12 Unit, 3 story Multi- Family Structures Z23-06 Staff Report PB 3.2.2023 Page 4 of 18 • A sidewalk is proposed along the interior of the parking area providing an additional pedestrian recreational amenity. • The development also proposes a continuous right turn lane off Carolina Beach Road through to the existing turn lane onto Glenarthur Drive. The proposed turn lane must be reviewed and permitted by NC Department of Transportation (NCDOT) before construction. • In addition to required lighting standards listed in Section 5.5 of the UDO, the development has proposed the following additional condition: o Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than sixteen (16) feet. • The applicant’s proposed conceptual plan indicates 1.37 acres, approximately 30% of the site, will be preserved as open space, exceeding the UDO requirement of 20% open space. • The applicant has also proposed a condition to reserve 10 percent, or eight (8) total units, whichever is greater, of the multi-family units for workforce housing. The condition has been reviewed by the county’s Long Range Planning division and legal department to ensure there are adequate measures for monitoring and compliance. Community Meeting • The applicant had previously submitted conditional rezoning request Z22-18 for a multi- family project on the subject site. As part of that request the applicant held a community meeting and the case was considered by the Planning Board at their December 1, 2023 meeting. • The purpose of a community information meeting is to inform owners and residents of nearby lands about a proposed development application, and to provide the applicant an opportunity to hear comments and concerns about the development proposal as a means of resolving conflicts and outstanding issues, where possible. • The Planning Board recommended denial of Z22-18 and the applicant withdrew the application before it was considered by the Board of Commissioners. • The applicant has stated the application and concept plan submitted for the current rezoning request incorporates changes to the site design and scale of the project recommended by the Planning Board and public. • While community information meetings are typically held before submitting conditional rezoning applications the applicant issued informational letters to the property owners within 500 feet of the site and provided contact information for any questions or comments. • Section 10.2.3 allows an applicant to submit an application without first holding a community information meeting if the applicant submits a report documenting and stating the reasons such a meeting was not held. • The applicant has provided a written narrative describing their reasoning for not holding a community information meeting before the current rezoning application. Z23-06 Staff Report PB 3.2.2023 Page 5 of 18 • The adequacy of the report shall be considered by the Planning Board who may accept the narrative submitted by the applicant and proceed with the public hearing or continue the public hearing and require the applicant hold an in-person community information meeting. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor remains primarily zoned for low density housing. • While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential and commercial development such as the Myrtle Landing townhomes to the north and the Coral Ridge Subdivision to the south of the subject site. • As currently zoned, the site would be permitted up to 12 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 72 units equate to an overall density of 15.7 du/ac. • The RMF-M district was established to provide lands that accommodate moderate density single and multi-family development. The intent of the district is to function as a transitional district between intensive nonresidential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. • The Unified Development Ordinance (UDO) does not prescribe a specific height per story, however the maximum height of the proposed development is limited to a maximum building height of 3 stories and 40 feet. • The proposed development uses the parking lot as an additional perimeter buffer between the proposed multi-family structures and the existing residential uses. • The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5- foot candles and 1.0-foot candles at the northern property line adjacent to the religious institution. • A Type-A opaque buffer meeting the standards of Table 5.4.3.B.2 is required along the property lines adjoining neighboring single-family development. • To meet the proposed density the development must connect to public water and sewer at the nearest connection to the south at Glenarthur Drive. • If approved, the project would be subject to Technical Review Committee (TRC) 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. Z23-06 Staff Report PB 3.2.2023 Page 6 of 18 AREA SUBDIVISIONS UNDER DEVELOPMENT Z23-06 Staff Report PB 3.2.2023 Page 7 of 18 TRANSPORTATION • Access is proposed to be provided to the subject property from Carolina Beach Road, a NCDOT-maintained Urban Principal Arterial highway. • Access is right-in/right-out on Carolina Beach Road with a proposed right-turn lane extended through to the existing turn lane for Glenarthur Drive. • The right-turn lane is a voluntary addition to the development and will be subject to NCDOT requirements and permitting. • While the property is approximately 4,000 feet south of a commercial center, the requirement to travel south to a U-turn before moving north increases the travel distance to nearby amenities to over a mile. Z23-06 Staff Report PB 3.2.2023 Page 8 of 18 • As currently zoned, it is estimated the site would generate about 11 AM and 14 PM trips during the peak hours if developed at the permitted density for performance development. The proposed RMF-M development would result in an estimated 45 AM and 52 PM trips, increasing the estimated number of peak hour trips by approximately 34 AM and 38 PM trips. • 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). • As there is not a TIA associated with this project, the proposed right-turn lane will need to be reviewed and approved by NCDOT prior to TRC approval. • 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. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Average Annual Daily Traffic (AADT) - 2021 Road Location Volume Capacity V/C Carolina Beach Road 6600 Block of Carolina Beach Road 35,500 41,368 0.86 • NCDOT’s Annual Average Daily Traffic (AADT) is the total volume of vehicle traffic on a section of road, in both directions, for a year divided by 365 days. It is intended to estimate, with as little bias as possible, the mean traffic volume across all days for a year for a given location. • The Wilmington Metropolitan Planning Organization (WMPO) also gathers independent traffic counts in the county at various dates and locations throughout the year. These counts are not adjusted or averages but instead represents all traffic over a 24-hour interval on the designated date and represent a specific snapshot in time of traffic for the area. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 12 Single-Family Dwellings – Performance Development 11 AM / 14 PM Proposed Development: 72-Unit Multi-Family Development 45 AM / 52 PM Z23-06 Staff Report PB 3.2.2023 Page 9 of 18 WMPO Traffic Counts – February 28, 2022 Road Location Volume Carolina Beach Road 6700 Block of Carolina Beach Road 36,509 • The WMPO performed their count north of the intersection of Carolina Beach Road and Myrtle Grove Road south of the site. The count resulted in a 0.88 V/C. The Level of Service (LOS) is rated D. Nearby Planned Transportation Improvements and Traffic Impact Analyses Z23-06 Staff Report PB 3.2.2023 Page 10 of 18 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses may be re-examined by the WMPO and NCDOT if the proposed development is not completed within one calendar year after the build out date established within the approved TIA. Proposed Development Land Use/Intensity TIA Status 1. River Oaks • 108 Single-family detached housing units • TIA approved July 24, 2020 • 2021 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The TIS recommended no improvements at any of the intersections. Nearby Proposed Developments included within the TIA: • None Development Status: Development and improvements are currently under construction. Proposed Development Land Use/Intensity TIA Status 2. Bayat Mixed Use • 12 Single-family attached units and a 6,000 sq ft convenience store with 18 gas pumps. • TIA approved January 12, 2023 • 2025 Build Out Year The TIA required the following improvements made at US 421 (Carolina Beach Road) at Myrtle Grove Road. • Extend the northbound U-turn lane from 100 feet of storage to 200 feet of storage. • Provide a 4-section flashing yellow arrow signal head to the northbound U-turn. • Install a traffic signal at Carolina Beach Road and Hill Valley Walk and provide necessary coordination with the Carolina Beach Road and Myrtle Grove Road intersection. Nearby Proposed Developments included within the TIA: • None Development Status: Proposed Rezoning Under Review • To the south of this site along Carolina Beach Road, there is a TIA under consideration for a development that includes a convenience store and fuel stations abutting an apartment complex. A community meeting for that project was held in November, and staff currently anticipates the county will receive a full application for that item by the time the Planning Board considers this rezoning request. ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lords Creek and Drains to ICW6 watersheds. Z23-06 Staff Report PB 3.2.2023 Page 11 of 18 • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable), Class II (Moderate Limitation), and Class III (Severe Limitation) soils; however, the project is expected to be served by CFPUA if developed. • The proposed concept plan has identified wetlands on the southwestern portion of the site. The identified wetlands are outside the development area of the project and the applicant has provided a 25-foot setback from the wetlands. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School, and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 12 dwelling units would be permitted under the current R-15 zoning base density, and 72 units could potentially be developed under the proposed zoning for an increase of 60 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 13 additional students than would be generated under current 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 recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 12 residential units Approximate** Total: 3 (1 elementary, 1 middle, 1 high) Proposed Zoning 72 residential units Approximate** Total: 16 (6 elementary, 3 middle, 5 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 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 0.07 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 approximate 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 t han 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Z23-06 Staff Report PB 3.2.2023 Page 12 of 18 • Since the residential components associated with the proposed rezoning are likely to have a build-out date within 5 years, staff has outlined existing school capacity to provide a general idea of the potential impact on public schools. • 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** (2022-2023 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 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. 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. • The proposed RMF-M CZD zoning district would allow for an increase in housing diversity. • The predominant housing type in the area is single family detached at 73%. Under the proposed RMF-M district the site would allow for multi-family residential (apartments) and increase housing type diversity by reducing the percentage of single family detached (73% to 72%) and increase the percentage of multi-family units (10% to 11%). • The subject property is located in the Veterans Park community area, where 60% of residents currently live within one mile of a convenience (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor’s office, child & adult care, etc.), and a community facility (public park, school, museum, etc.). Under the proposed RMF- M district, there would be no change to the percent of residences within one mile of goods and services. 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 91% Anderson 291 314 93% None Middle 92% Murray 882 889 99% None High 93% Ashley 1983 1990 100% None Z23-06 Staff Report PB 3.2.2023 Page 13 of 18 Representative Developments Representative Developments of R-15: Woods Edge in Monkey Junction Hidden Valley in Monkey Junction Z23-06 Staff Report PB 3.2.2023 Page 14 of 18 Representative Developments of Multi-Family Apartments: Amberleigh Shores in Ogden Stephens Pointe in Porters Neck Z23-06 Staff Report PB 3.2.2023 Page 15 of 18 Context and Compatibility • The property is located adjacent to Carolina Beach Road with right-in / right-out access to the highway. • The property is located south of Veterans Park and the elementary, middle, and high schools however there is no pedestrian infrastructure in place and all traffic must travel south approximately 1,800 feet to a U-turn movement on Carolina Beach Road to travel north. • The subject property is one of several undeveloped tracts along Carolina Beach Road and acts as a buffer between the highway and lower density single-family development to the west. • Most of the surrounding land is either undeveloped or used for single-family development and religious institutions. • The subject property is bordered by the Lord’s Creek Subdivision to the west and a religious institution to the north. • Due to the size of the parcel and access onto Carolina Beach Road, the property is less likely to be developed with lower density detached single family housing. • The proposed concept plan positions a portion of the stormwater facilities closer to the existing single-family homes to the south of the site. A perimeter parking lot around the development acts as an additional spatial buffer between the multi-family dwellings and neighboring homes. • In addition to the setback and buffer requirements of the UDO, the applicant has agreed to additional exterior lighting conditions to reduce the potential impact on neighboring residential uses. • In the county’s work on housing affordability staff has discussed whether the provision of workforce housing could allow for additional density on a project. While this has not historically been used to consider consistency or compatibility, the applicant has provided an additional condition related to workforce housing to require 10 percent, or eight (8) units, whichever is greater, of the total units be dedicated for workforce housing for a minimum of 15 years. 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. Z23-06 Staff Report PB 3.2.2023 Page 16 of 18 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 Comprehensive Plan designates this property as Community Mixed Use, a land use classification that promotes a mix of retail, office, and residential development at moderate densities up to 15 units per acre. This classification is generally applied to areas intended as community-level service nodes and / or transitions between lower density housing and higher intensity development. At 15.7 du/ac, the proposed maximum density for the development is slightly higher than the recommendation for the place type. The additional 0.7 du/ac equals approximately 4 additional multi-family units than would be allowed at 15 du/ac. Site features such as landscaping buffers, parking, and stormwater facilities have been located along the boundaries of the project adjacent to existing single-family development to provide a transition between the residential uses. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units, or 8 total units whichever is greater, for a period of 15 years. The Community Mixed Use place type specifically identifies the Carolina Beach Road corridor as appropriate for the place type and recommends higher-intensity mixed use with first floor retail and office and housing above, with a building height range of 1 to 3 stories. The RMF-M district is intended to act as a transitional district between residential and commercial development. The proposed project would provide a buffer between the highway and single-family development. Z23-06 Staff Report PB 3.2.2023 Page 17 of 18 Consistency Recommendation While at a higher density than generally recommended for the Community Mixed Use place type, the proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan’s intent for development to act as a transition between major roadways and higher intensity uses and existing residential areas and providing a range of housing types, opportunities, and choices. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units, or 8 total units whichever is greater, for a period of 15 years. STAFF RECOMMENDATION The Carolina Beach Road corridor has been designated as Community Mixed Use within the Comprehensive Plan. The plan recommends a mix of commercial uses and residential housing types that act as a transition between higher intensity and lower intensity development and identifies the scale of the recommended development as up to 3 stories and 15 du/ac. The scale of the proposed development conforms with the recommendations for the place type and would act as a buffer between Carolina Beach Road and lower density residential development to the west. The applicant has provided an additional lighting condition to mitigate potential impacts on adjacent properties, additional roadway improvements for existing and proposed development, and a condition for workforce housing affordability increasing housing diversity and rental options in the area. As a result, Staff recommends approval of the request and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because while the proposed density of the development slightly exceeds the recommendation for the Community Mixed Use place type, the development scale is in line with the plan’s recommendation and would provide additional housing diversity in the area. I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because it provides an alternative housing type that acts as a buffer for lower density residential contributing to the kind of transitional development desired along highway corridors. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units, or 8 total units, whichever is greater for a period of 15 years. Proposed Conditions: 1. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than sixteen (16) feet. 2. The proposed right turn lane must be approved and permitted by NCDOT. Changes to the concept plan to meet NCDOT requirements for the turn lane may be approved administratively by county staff. Z23-06 Staff Report PB 3.2.2023 Page 18 of 18 3. The project will include a minimum of 10% of the units or eight (8) total units, whichever is greater, as workforce housing units that will be made available for a period of no less than 15 years with rental limits based upon HUD HIGH HOME standards. An agreement between the developer and county will be required before the issuance of any Certificate of Occupancy for the project. The agreement shall specify: • The number of affordable units provided; • The income limits; • Rent limits subject to annual change; • The period of time workforce housing units must remain affordable; • Any other criteria necessary for compliance and monitoring; • An established timeframe for annual reporting from the developer or owner of the development to New Hanover County. Annual reports shall provide the following minimum information: o Unit number o Bedroom number o Household size o Tenant income o Rent rate • The developer or owner of the development shall report any mid-year lease changes to workforce housing units to New Hanover County to ensure lease changes remain compliant with the agreement. If the total number of workforce housing units falls below the minimum of 10% of the units or eight (8) total units whichever is greater before the expiration of the minimum 15-year period of affordability the development will be subject to enforcement measures found in Article 12 Violations and Enforcement of the Unified Development Ordinance. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density of the development exceeds the density recommended for the Community Mixed Use place type. I also find recommending 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 adjacent neighborhoods.