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HomeMy WebLinkAboutZ23-16 Final Staff ReportZ23-16 Staff Report PB 8.3.2 Page 1 of 15 STAFF REPORT FOR Z23-16 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-16 Request: Rezoning to a Conditional CB district Applicant: Property Owner(s): Aaron Hutchens with Summit Design and Engineering Services Arab Shrine Club H Corporation Location: Acreage: 4580 S. College Road 1.34 PID(s): Comp Plan Place Type: R07114-004-001-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Vehicle Service Station, Minor Current Zoning: Proposed Zoning: R-15, Residential (CZD) CB SURROUNDING AREA LAND USE ZONING North Fraternal lodge, Single-Family Residential R-15 East Single Family Residential & S. College Rd. R-15 South Religious Assembly R-15 West Attached Single-family Residential, City of Wilmington R-5; COW MD-10 Zoning Z23-16 Staff Report PB 8.3.2 Page 2 of 15 ZONING HISTORY October 15, 1969 Initially zoned R-15 (Area Masonboro) COMMUNITY SERVICES Water/Sewer Water services are available through CFPUA. CFPUA sewer will require a mainline extension of approximately 850 feet. The applicant is proposing a private septic system which requires review and approval by New Hanover County Environmental Health. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Myrtle Grove Schools Williams Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation No nearby public recreation CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Aerial Z23-16 Staff Report PB 8.3.2 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct a maximum 6,000 square foot vehicle service station. • The proposed building includes 5 bay doors on the eastern and western sides of the building. The western side of the building faces the S. College Road corridor. • Two driveways are shown providing access from Jasmine Cove Way and S College Road. NCDOT has stated a preference for restricting access to Jasmine Cove Way. A condition has been included allowing staff to accept changes to the driveway locations as requi red by NCDOT. • Though public sewer through CFPUA is available through a mainline extension of approximately 850 ft., a septic repair area is identified on the western portion of the property. • Two stormwater ponds are included on the concept plan along with an enclosed dumpster area on the southern portion of the property. • A Type A: Opaque Buffer has been included in the concept plan. A condition has been included with the application assuring this buffer type which can include either fencing, a berm, vegetation, or a combination of the three. • The concept plan details the Type A: Opaque Buffer as a vegetative partially fenced separation along the rear of the property adjacent to the residentially zoned parcel. Approximately 250 ft. of the property line consists of a 10 ft. wide vegetative and fenced S Co l l e g e Ro a d Jasmine Cove Way 6000 Sq. ft. 10 Bay Bldg. R-15 Non-Residential Use - Religious Storm Water Pond R-15 Non-Residential Use - Fraternal Order Septic Field Z23-16 Staff Report PB 8.3.2 Page 4 of 15 buffer before tapering into a 20’ vegetation only buffer that spans approximately 200 feet. • The property line along Jasmine Cove Way consists of street yard plantings that transition from 18 ft. to 10 ft wide. • A condition has been provided to retain the existing trees identified on the concept plan that are not required for removal due to site development. PROPOSED ELEVATIONS Proposed Front Elevation Facing S. College Road Proposed Rear Elevation ZONING CONSIDERATIONS • The R-15 district in this area was established in 1969. At the time, the purpose of the R-15 district was to ensure housing served by private septic and wells would be developed at low densities. Since that time, public water and sewer services have become available in the surrounding area and the S. College Road corridor remains primarily zoned R-15 north of Monkey Junction with some moderate and higher density residential districts and multi- family developments in the area. • While the site is zoned R-15, the S. College Road corridor is a heavily traveled roadway. The majority of the surrounding area is zoned R-15. West of the proposed project is a CZD R-5 development and a City of Wilmington single family residential neighborhood. Northeast of the corridor is a PD (Planned Development) zone. • As currently zoned, the subject site could accommodate a maximum of three dwelling units under the performance residential standards. 27’-8” 21’-1” ” Z23-16 Staff Report PB 8.3.2 Page 5 of 15 • The proposed Minor Vehicle Service Station use is defined as operations that involve repairs of small and/or personal vehicles consisting of tune ups, oil changes, chassis lubrication, tire change or repair, wheel alignment, and muffler repair or installation. • The CB district requires additional standards for minor vehicle service stations that include a prohibition on towing operations, no outdoor storage of merchandise, restrictions on automotive sales, time limits for on-site overnight vehicle storage, and other nuisance protections. • In addition, the applicant has proposed the following limited uses: o Business Service Center: An establishment engaged in providing mailbox rental and other postal and mailing services; copy centers or shops engaged in providing photocopying, duplicating, blueprinting, and other document copying services without also providing print services; and businesses providing a range of office support services, such as mailing services, document copying services, facsimile services, word processing services, on-site computer rental services, and accessory office product sales. o Repair Shop: Establishments engaged in repairing and maintaining consumer electronics, computer and office machines, household appliances, home and garden equipment, furniture, and related equipment. o Offices for Private Business and Professional Activities: Establishments primarily engaged in the day-to-day administrative or clerical services for businesses or other organizations that provide professional or other services to the general public on a walk-in or appointment basis in an office setting. o Retail Sales, General: Commercial enterprises that provide goods and/or services for sale, lease, or rental directly to the consumer. Examples include stores selling, leasing, or renting consumer, home, and business goods such as art, clothing, dry goods, electronic equipment, furniture, garden supplies, hardware, jewelry, pet food, and printed material. o Child Care Center: An arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care, unless excluded by NCGS 110-86(2). • While the adjacent property to the south is zoned residentially a transitional buffer is not required due to the non-residential use of the property as a church. The applicants have provided a condition requiring an opaque 10ft. buffer with fence along the southern property line. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5-foot candles. • If approved, the project would be subject to the 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. Z23-16 Staff Report PB 8.3.2 Page 6 of 15 AREA SUBDIVISIONS UNDER DEVELOPMENT Z23-16 Staff Report PB 8.3.2 Page 7 of 15 TRANSPORTATION Z23-16 Staff Report PB 8.3.2 Page 8 of 15 CURRENT CONDITIONS Intensity of Current Zoning Maximum of 3 Single Family homes PROPOSED ACCESS Primary Access S. College Rd Secondary Access Jasmine Cove Way EXISTING ROADWAY CHARACTERISTICS Affected Roadway S. College Rd Jasmine Cove Way Type of Roadway NCDOT major arterial Local Road Roadway Planning Capacity (AADT) 41,369 N/A Latest Traffic Volume (AADT) 40,000 N/A Latest WMPO Point-in-Time County (DT) N/A N/A Current Level of Congestion Nearing Capacity N/A Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: NCDOT (2021) (for Carolina Beach Road) Source of WMPO Point-in-Time County: WMPO (2022) NEARBY NCDOT STIP ROADAWAY PROJECTS U-5702B – S. College Rd. Improvements Access management and time travel improvements along College Road between Shipyard Boulevard and Carolina Beach Road. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 2 66 +64 PM Peak Hour Trips 3 67 +64 TRAFFIC IMPACT ANALYSIS (TIA) 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). Z23-16 Staff Report PB 8.3.2 Page 9 of 15 SUMMARY The proposed project is located along a major arterial highway that is currently nearing planning capacity. The concept plan proposes two driveway access points, one on S. College and the other Jasmine Cove Way. However, NCDOT has stated a preference that Jasmine Cove Way be the only access point to the site. Within the area there are currently two higher density residential projects under development. Of the two, the Whiskey Branch Planned Development required a TIA. Though this project’s impact was not considered in that TIA, general traffic growth in the area was included with recommended improvements to accommodate future growth. The proposed project’s peak hour traffic generation is below the 100 peak hour threshold requiring a traffic impact analysis; however, NCDOT will review the project through the driveway permitting process, to identify any required improvements to the site. 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 both the Barnards and Whiskey Creek watershed. • Though CFPUA water is available, CFPUA sewer will require an approximate 850’ mainline extension to serve the site. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Lynn Haven (Ly) fine sand, a Class III soil with severe limitations that requires extensive modification and intensive maintenance. If the soil is unable to support septic, the applicant will pursue an alternative septic system and or begin the process to tie into the sewer. • The applicant has proposed a septic system which will require review and approval by NHC Environmental Health. • According to Environmental Health, the applicant is advised to seek the assistance of a private soil scientist due to the poor soil quality. This is to verify if septic can be achieved on site. OTHER CONSIDERATIONS New Hanover County Strategic Plan • On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. • The plan’s community-focused outcomes related to planning projects include that through planned growth and development, residents have access to their basic needs and natural areas and critical environmental features are enhanced and protected. • Planning staff is currently developing a new strategic plan framework for considering those goals as part of rezoning requests. Z23-16 Staff Report PB 8.3.2 Page 10 of 15 Representative Developments Representative Developments of R-15 (Existing Zoning): Cottage Grove 6505 Carolina Beach Road Z23-16 Staff Report PB 8.3.2 Page 11 of 15 Representative Developments of Proposed Use: Express Oil Change on Market Street in Wilmington Context and Compatibility • The property is located at the intersection of Jasmine Cove Way and S. College Road north of the Monkey Junction intersection. • Due to the site’s size and proximity to the College Road corridor the parcel is less likely to be developed residentially. • The proposed development is located approximately 1 mile north of the Monkey Junction growth node. • The proposal would provide commercial services closer to the surrounding residential housing, reducing travel time to these services. However, the proposed development would be the only transitional commercial use along this portion of S. College Road. • The area north of the Monkey Junction growth node has experienced higher density residential development approvals with the Whiskey Branch Planned Development and nearby multi-family residential projects. • While the immediate portion of the S. College Road corridor has not seen commercial growth, the CB district is designed to provide lands to accommodate development of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. • Nearby residential development to the west, within the City of Wilmington, is zoned MD- 10, a moderate density district intended for attached and single-family residential development. Z23-16 Staff Report PB 8.3.2 Page 12 of 15 • The Community Business (CB) district is designed 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. This includes the proposed use, Minor Vehicle Service Station. • Additionally, though zoned residentially, the adjacent parcels to the north and south are both existing non-residential uses that currently act as transitions between the highway and low-density residential uses to the west. 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. Z23-16 Staff Report PB 8.3.2 Page 13 of 15 Analysis The subject property is located at the intersection of Jasmine Cove Way and S. College Road north of the Monkey Junction intersection. Due to the site’s size and proximity to the College Road corridor, the parcel is less likely to be developed residentially. The Community Mixed Use place type includes commercial uses and encourages infill development along highway corridors. In addition to serving as a transition between the highway and neighboring residential uses, the proposed project will provide a use that could be appropriate in nodes as well as transitional areas while providing service to nearby residents. Additional conditions have been provided to preserve trees, accommodate access, and provide additional buffers to neighboring property. Consistency Recommendation The proposed CZD CB zoning for Vehicle Service Station, Minor; Business Service Center; Repair Shop; Offices for Private Business and Professional Activities; Retail Sails, General; and Child Care Center are generally CONSISTENT with the types of uses encouraged in the Community Mixed Use place type. Z23-16 Staff Report PB 8.3.2 Page 14 of 15 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The proposed land use, Minor Vehicle Service Station, is expected to have a minimal impact on the adjacent properties and could serve as an appropriate transition between the established residential and commercial uses located between it and the Monkey Junction growth node. Furthermore, the proposal seeks to add a Type-A Opaque Buffer between it and its adjacent neighbor to the south. While staff would prefer if the site were designed with public sewer connections and if the bay doors were oriented in such a way that they did not face the S. College Road corridor, both considerations are beyond the scope of the Comprehensive Plan’s guidance and county development standards. As a result, Staff recommends APPROVAL of the proposal and suggests the following motion with the proposed conditions: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of commercial uses recommended in the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows a service-oriented use that could serve as an appropriate transition between the highway and existing residential uses. Proposed Conditions: 1. A Type A: Opaque Buffer yard shall be provided along the rear property line of the abutting residential lot located on S. College Road. The buffer will taper from a 20 ft. wide vegetative cover to a span of 10 ft. wide consisting of vegetative cover and a fence buffer. 2. A street yard buffer shall be provided along the property line that borders Jasmine Cove Way consisting of an 18 ft. wide vegetative field that tapers to a 10 ft. wide space, omitting the Jasmine Cove Way access point. 3. Planning staff may accept changes to the driveway access locations as required by NCDOT. 4. Existing trees identified on the concept plan shall be retained on site that are not required for removal due to essential site improvements. 5. Applicant is required to have a soil scientist evaluate the Class III soil on site to ensure that the location can accommodate a septic system. Applicant with seek an alternative septic system or tie into the CFPUA line in the event that the Class III soil prevents the use of a septic system. 6. Permitted uses shall be limited to Vehicle Service Station, Minor; Business Service Center; Repair Shop; Offices for Private Business and Professional Activities; Retail Sails, General; and Child Care Center. Z23-16 Staff Report PB 8.3.2 Page 15 of 15 Alternative Motion for Denial (If based on information provided at the public hearing, or other consideration beyond the scope of the staff review, the Board finds denial appropriate). I move to recommend DENIAL for the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the type of commercial uses recommended in the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not similar in use and intensity to other nearby uses and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses.