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HomeMy WebLinkAboutZ23-09 Planning Board Staff ReportZ23-09 Staff Report PB 5.4.2023 Page 1 of 20 STAFF REPORT FOR Z23-09 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-09 Request: Rezoning to a Conditional B-1 and Conditional RMF-M district Applicant: Property Owner(s): Rob Tanner with Impeccable Development Andrea Jones, Gwendolyn Horton, Christin Deener, Dwayne Barr, and Kimberlee Barr Location: Acreage: 6800, 6808, 6814, 6818, 6820, 6824, and 6828 Carolina Beach Road 11.77 PID(s): Comp Plan Place Type: R08200-001-015-000, R08200-001-016-000, R08200-001-021-000, R08200-001-023-000, R08200-001-024-000, R08200-001-025-000, R08200-001-026-000 Community Mixed Use Existing Land Use: Proposed Land Use: Single-Family Residential Convenience Store with Fuel Station and Multi-Family Dwelling Units Current Zoning: Proposed Zoning: R-15, Residential (CZD) B-1 and (CZD) RMF-M SURROUNDING AREA LAND USE ZONING North Manufactured Home Park R-15 East Convenience Store and Single-Family Residential R-15 South Single-Family Residential, Electrical Substation, and an approved rezoning for a Convenience Store with fuel pumps and 4 triplex dwellings R-15, CZD B-1 and CZD R-5 West Conservation Land R-15 Z23-09 Staff Report PB 5.4.2023 Page 2 of 20 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer Water and sanitary sewer services are not available through CFPUA. Private water and sewer utilities will be required through an agreement with a private utility provider or permitting for well(s) and septic system(s) through Environmental Health. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation resource maps indicate pocosin wetlands may exist on the property. Projects containing 5 acres or more of pocosin conservation resources are required to comply with additional buffer and conservation standards in Section 5.7 of the Unified Development Ordinance (UDO). Historic No known historic resources Archaeological No known archaeological resources Z23-09 Staff Report PB 5.4.2023 Page 3 of 20 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The concept plan consists of an extension of a private access road west of the intersection of Carolina Beach Road and Myrtle Grove Road with a maximum 6,000 square foot convenience store with 16 fuel pumps on Carolina Beach Road and a maximum of 128 multi- family units split among 6 multi-family structures. The plan also includes areas for parking stormwater and future amenities. • A fenced and vegetated buffer is proposed around the perimeter of the project area with a vegetated buffer between the proposed commercial and residential areas. • The concept plan can be broken into two interconnected portions: The convenience store with fuel pumps to the east bordering Carolina Beach Road, and the multi-family portion to the west. Proposed Access Road Convenience Store Amenity Area Stormwater Multi- Family Units Z23-09 Staff Report PB 5.4.2023 Page 4 of 20 Convenience Store with Fuel Pumps Includes Staff Markups • The eastern portion of the project consists of a maximum 6,000 square foot convenience store and 16 pump fueling station with associated parking. • The concept plan identifies an existing Live Oak specimen tree that will be preserved along Carolina Beach Road. A condition has been included preserving the tree. • An access road extends from the intersection of Carolina Beach Road and Myrtle Grove Road west into the interior of the site for access to the convenience store and proposed multi-family development. • The site includes a second right-in / right-out driveway access onto Carolina Beach Road south of the intersection. • Stormwater is proposed to be managed by a shared stormwater management system on the multi-family portion of the project. A condition has been included requiring a stormwater maintenance agreement between the convenience store and the multi-family development. 2nd Driveway Convenience Store Z23-09 Staff Report PB 5.4.2023 Page 5 of 20 Multi-Family Development Includes Staff Markups • The western portion of the project consists of six (6) multi-family apartment structures with a maximum total of 128 units between them with an area for future amenities, open space, stormwater management, and perimeter parking circling five (5) of the multi -family structures. • The multi-family structures are three (3) stories with the exception of a two (2) story structure at the southern end of the project. The structure is proposed at two stories to reduce potential visual impacts to neighboring single-family residential uses. Amenity Area Stormwater Open Space Perimeter Parking 2-Story Multi- Family 3-Story Multi- Family Fenced and Vegetated Buffer Z23-09 Staff Report PB 5.4.2023 Page 6 of 20 • The 2-story limitation for the southernmost multi-family structure has been included as a condition of approval. • The open space area has been designated as a tree-save area, a condition has been included that trees within the tree-save area shall be retained outside of those required removed for essential site improvements identified on an approved Tree Removal Permit. • The future amenity area acts as a transition and buffer between the convenience store and multi-family structures. • No plans have been proposed for the type or scale of the future amenity. Potential amenities could include a clubhouse or recreation center, indoor and outdoor athletic fields and facilities, a swimming pool, or other similar features. If approved, any future amenity would be subject to Technical Review Committee (TRC) and zoning compliance review, as applicable, to ensure compliance with state and local development requirements. • A landscaped buffer is proposed around the outside perimeter of the project providing additional visual buffers from adjoining residential uses. 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 such as the Bayat Mixed Use convenience store and triplex development and the McQuillan Pines mixed use apartment and storage facility project to the south of the site. • As currently zoned, the site would be permitted up to 29 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 128 units equate to an overall density of 14 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 non-residential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. • The B-1 district was established to provide lands that accommodate a range of small-scale, low-intensity, neighborhood-serving commercial development that provide goods and services to residents of adjacent neighborhoods. Convenience stores with fuel stations are permitted within the B-1 district. • A Type-A opaque buffer meeting the standards of Table 5.4.3.B.2 is required for attached housing along all property lines adjoining single-family development. A transitional buffer is not required between the proposed commercial and multi-family development. Z23-09 Staff Report PB 5.4.2023 Page 7 of 20 • 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 DEVELOPMENTS Z23-09 Staff Report PB 5.4.2023 Page 8 of 20 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 29 single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road at the intersection of Carolina Beach Road and Myrtle Grove Road. Secondary Access Second driveway access onto Carolina Beach Road for the convenience store south of the primary access. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road, Myrtle Grove Road Z23-09 Staff Report PB 5.4.2023 Page 9 of 20 Type of Roadway NCDOT major arterial and minor arterial Roadway Planning Capacity (AADT) 41,369 Latest Traffic Volume (AADT) 36,000 Latest WMPO Point-in-Time Count (DT) 38,756 Current Level of Congestion Nearing Capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: NCDOT (2021) Source of WMPO Point-in-Time County: WMPO (2022) NEARBY NCDOT STIP ROADAWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Pass- By Trips Potential Impact of Proposed Designation AM Peak Hour Trips 24 569 -238 +331 PM Peak Hour Trips 31 506 -258 +248 Assumptions Typical Development with Existing Zoning – 29 single family detached dwellings. Proposed Development – 6,000 sq ft convenience store with fuel pumps and 128 multi-family dwellings. Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed. TRAFFIC IMPACT ANALYSIS (TIA) New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. A team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off-site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date March 29, 2023 Development Proposal Analyzed 6,000 sq ft convenience store with 16 fuel stations and 128 multi- family dwellings. Z23-09 Staff Report PB 5.4.2023 Page 10 of 20 Study Intersections - US 421 (Carolina Beach Road) and SR 1492 (Myrtle Grove Road) - US 421 (Carolina Beach Road) and Southern Charm Drive / Hill Valley Walk - US 421 (Carolina Beach Road) and Median Crossover (north of Myrtle Grove Road) Trip Generation - Multi-Family: 63 AM / 76 PM peak hour trips - Convenience Store with Gas Station: 506 AM / 430 PM peak hour trips - 569 AM / 506 PM total peak hour trips - 6,428 average daily trips Pass-By Trips - - 238 AM / -258 PM peak hour trips Traffic Data Collection - November 29, 2022 (Carolina Beach Road and Myrtle Grove Road) - November 29, 2022 (Carolina Beach Road and Southern Charm Drive / Hill Valley Walk) - November 29, 2022 (Carolina Beach Road and Median Crossover) Trip Distribution and Assignment - 60% to / from the north via Carolina Beach Road - 30% to / from the south via Carolina Beach Road - 10% to / from the east via Myrtle Grove Road Approved Developments & Background Growth - Full Build – 2024 - Growth Rate – 1.5% per year Required Improvements Carolina Beach Road and Myrtle Grove Road – Site Access A (signalized intersection) - Extend the existing northbound U-turn / left turn lane on Carolina Beach Road to provide 200 feet of storage, appropriate full width deceleration, and appropriate taper. - Construct a southbound right turn lane on Carolina Beach Road with 100 feet of storage, appropriate full width deceleration, and taper. Z23-09 Staff Report PB 5.4.2023 Page 11 of 20 - Restripe westbound “left turn only” lane on Carolina Beach Road to a combined left / thru lane. - Construct the site access (eastbound approach) with an internal protected stem of 200 feet, measured from the right-of-way line, that provides one ingress lane and two egress lanes configured as an exclusive left turn lane and a shared thru-right lane. - Provide a four (4)-section flashing yellow arrow signal head to the northbound U-turn / left turn lane. - Modify the signal plan to accommodate above improvements. Carolina Beach Road and Crossover north of Myrtle Grove Road (unsignalized crossover) - No improvements required. Carolina Beach Road and Southern Charm Drive / Hill Valley Walk (unsignalized crossover) - No improvements required. Carolina Beach Road and Site Access B (proposed stop-controlled right-in / right-out intersection). - Construct a southbound right turn lane on Carolina Beach Road with full storage extending back to the intersection of Carolina Beach Road and Myrtle Grove Road. - Construct site access (eastbound approach) with an internal protected stem of 125 feet, measured from the right-of-way line and one ingress and one egress lane configured as a right-in / right-out. - Provide stop controls for eastbound approach. SUMMARY The proposed project is located along a major arterial highway that is currently nearing capacity. The Carolina Beach Road – Myrtle Grove Road intersection is an important signalized intersection in the Carolina Beach Road corridor. Proposed improvements listed in the TIA include improvements to the signalized intersection to accommodate the additional traffic generated from the site and improvements to existing U-turns on Carolina Beach Road. While the estimated AM and PM peak hour trips exceed 500, the estimated pass-by trips reduce the overall AM and PM trips approximately in half. Pass-by trips are made by the traffic already using the adjacent roadway, entering the commercial portion of the site as an intermediate stop on their way to another destination. It should be noted that the expectation is these trips would enter and exit the site within the same hour. ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lord’s Creek watershed. Z23-09 Staff Report PB 5.4.2023 Page 12 of 20 • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) and Class III (Severe Limitation) soils. Public water is available and public sewer is available through a mainline extension. • Conservation resource maps indicate pocosin wetlands may exist on the property. Projects containing 5 acres or more of pocosin conservation resources are required to comply with additional buffer and conservation standards in Section 5.7 of the Unified Development Ordinance (UDO) however less than 5 acres of pocosin wetlands have been identified on the parcels. 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 29 dwelling units would be permitted under the current R-15 zoning base density, and 128 units could potentially be developed under the proposed zoning for an increase of 99 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 22 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 6 single-family dwellings Approximate** Total: 1 (1 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 29 residential units Approximate** Total: 6 (3 elementary, 1 middle, 2 high) Proposed Zoning 128 residential units Approximate** Total: 27 (12 elementary, 6 middle, 9 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 0.0 7 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 generatio n 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 Z23-09 Staff Report PB 5.4.2023 Page 13 of 20 rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Since the residential components associated with the proposed rezoning are likely to have a build-out date within 5 years per the Traffic Impact Analysis, 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 m ay 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 conditional zoning district (CZD) 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 attached (apartments) and increase housing type diversity by reducing the percentage of single-family detached (73% to 71%) and increasing the percentage of multi-family units (10% to 12%). • The subject property is located in the Veterans Park community area, where 64% of residents currently live within one mile of a convenience need (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor’s office, child & adult care, etc.), there would be no change to the number 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 99.6% None Z23-09 Staff Report PB 5.4.2023 Page 14 of 20 Representative Developments Representative Developments of R-15: Cypress Village Subdivision north of subject site Old Cape Cod Subdivision south of subject site Z23-09 Staff Report PB 5.4.2023 Page 15 of 20 Representative Development of Adjacent Convenience Stores with Fuel Stations BP at Shipyard Blvd and Longstreet Drive in Wilmington Exxon at Shipyard Blvd and Longstreet Drive in Wilmington Z23-09 Staff Report PB 5.4.2023 Page 16 of 20 Representative Developments of Multi-Family Developments: Amberleigh Shores in Ogden Stephens Pointe in Porters Neck Z23-09 Staff Report PB 5.4.2023 Page 17 of 20 Context and Compatibility • The property is located at the intersection of Carolina Beach Road and Myrtle Grove, an area experiencing a mix of commercial and higher density residential growth. • The proposed concept plan includes commercial development at the intersection intended to serve the surrounding community and vehicles traveling on Carolina Beach Road. The commercial development acts as an appropriate transition to the proposed higher density residential. • There is an existing convenience store with fuel stations across Carolina Beach Road, and another similarly sized convenience store with fuel stations recently approved by the Board of Commissioners in March 2023 immediately adjacent to the subject site to the south. • The proposed project would be the third convenience store with fuel stations at an intersection that is transitioning into a node. While the commercial projects involve the same land use, the density of commercial land uses in an area is outside the scope of staff review. • The proposed attached housing type increases housing type diversity in the area and acts as a further transition between the Carolina Beach Road corridor to the east, an area dedicated for conservation to the west, and different housing types to the north and south. • The proposed density of 14 du / ac is below the maximum allowed for the RMF-M zoning district and slightly less than the maximum recommended for the Community Mixed Use place type. • Additional conditions related to tree retention and pedestrian infrastructure along Carolina Beach Road increase walkability for the immediate area with opportunities for future extensions. 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. Z23-09 Staff Report PB 5.4.2023 Page 18 of 20 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 proposed development is at the Carolina Beach Road and Myrtle Grove intersection, an area experiencing a mix of commercial and higher density residential growth. The proposed concept plan includes commercial development at the intersection intended to serve the surrounding community and travelers on Carolina Beach Road. The commercial development acts as an appropriate transition to higher density residential. The proposed project would be the third convenience store with fuel stations at an intersection that is transitioning into a node. While the commercial projects involve the same land use, the density of commercial land uses in an area is outside the scope of staff review. The proposed attached housing type increases housing diversity in the area and acts as an appropriate transition between existing commercial and residential development. The proposed density of 14 du / ac is below the maximum allowed for the RMF-M zoning district and slightly less than the maximum recommended for the Community Mixed Use place type. Additional conditions related to tree retention and pedestrian infrastructure along Carolina Beach Road increase walkability for the immediate area with opportunities for future extensions. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed density, housing type, and increased interconnectivity are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. STAFF RECOMMENDATION While the proposed project would be the third convenience store with fuel stations at an intersection that is transitioning into a node, the density of commercial land uses in an area is outside the scope of staff review. Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. 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 Z23-09 Staff Report PB 5.4.2023 Page 19 of 20 intensity development and identifies the scale of the recommended development as up to 3 stories and 15 du / ac. The scale and density of the proposed development conforms with the recommendations for the place type and provides transitions from the proposed commercial portion of the project to existing and proposed residential uses. Proposed improvements required by the TIA accommodate the additional traffic generated from the site and include improvements to the signalized intersection and existing U-turns on Carolina beach Road. Additional conditions related to tree retention and pedestrian infrastructure along Carolina Beach Road increase walkability for the immediate area with opportunities for future extensions. 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 CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type is within the recommendations of the Community Mixed Use place type and the commercial development acts as an appropriate transition between the highway corridor and residential development. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project provides interconnectivity and housing diversity at an appropriate density to act as a transition between existing commercial and residential development. Proposed Conditions: 1. An opaque fence shall be provided along the property line adjoining any existing residential development. The fence location may be adjusted by Planning staff to accommodate any utilities, easements, or saved / protected trees. 2. The two (2) specimen trees shown on the concept plan along Carolina Beach Road shall be retained and preserved on site. 3. Existing trees onsite will be preserved that do not impact required land grading or other improvements and future amenities as identified in the required Tree Removal Permit. 4. The southernmost multi-family structure as shown on the concept plan shall be limited to two-stories in height. 5. Exterior lighting will be designed and installed to maintain adequate lighting levels on the proposed site while assuring that excessive light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. 6. A sidewalk or multi-use path shall be installed along Carolina Beach Road extending from the northern property line to the southern property line with stubs for connection to existing or future pedestrian facilities on adjacent parcels. Pedestrian crossing labeling meeting NCDOT minimum requirements for pedestrian safety shall be installed at both driveway entrances. The pedestrian facility along Carolina Beach Road shall be within a dedicated public access easement. 7. A stormwater maintenance agreement shall be made between the convenience store with fuel pumps and the multi-family development if they are on separate parcels or under separate ownership. Z23-09 Staff Report PB 5.4.2023 Page 20 of 20 Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to recommend DENIAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, and increased interconnectivity are in line with the recommendations of both the Community Mixed Use place type and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. However, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proximity of existing and approved similar uses would not advance the vision for this area of Carolina Beach Road.