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HomeMy WebLinkAboutZ22-22 Staff Report BOCZ22-22 Staff Report BOC 1.9.2023 Page 1 of 18 STAFF REPORT FOR Z22-22 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-22 Request: Rezone 7.63 acres to (CZD) R-5, Conditional Residential District Applicant: Property Owner(s): Ward and Smith, P.A., c/o Samuel B. Franck Wilmington Development Group, Inc. Location: Acreage: 147 Brentwood Drive 7.63 PID(s): Comp Plan Place Type: R04110-005-008-000 Employment Center Existing Land Use: Proposed Land Use: Undeveloped 49-unit Single-Family Attached Residential Development Current Zoning: Proposed Zoning: R-15, Residential District (CZD) R-5, Conditional Residential District SURROUNDING AREA LAND USE ZONING North Single-Family Residential R-15 East Commercial Uses B-2 South Single-Family Residential R-15 West Single-Family Residential R-15 Z22-22 Castle Hayne Rd Z22-22 Staff Report BOC 1.9.2023 Page 2 of 18 ZONING HISTORY July 1, 1972 Initially zoned R-15 (Area 9A) COMMUNITY SERVICES Water/Sewer Water and sewer services are not available through CFPUA; mainline extension would be required before the parcel could be served. The applicant has indicated that necessary infrastructure will be installed to deliver water and sewer to the subject site. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Cape Fear Optimist Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-22 Z22-22 Staff Report BOC 1.9.2023 Page 3 of 18 APPLICANT’S PROPOSED CONCEPTUAL PLAN Proposed Site Plan with Staff Markups • The applicant is proposing to rezone 7.63 acres to (CZD) R-5 to construct a 49-unit single- family attached development with a maximum density of 6.41 units per acre. The proposed plan also includes stormwater management controls and open space amenities. • The proposed development consists of 3 triplex and 10 quadraplex buildings on the parcel, which is located between existing single-family dwellings along Glendale Drive to the north and Brentwood Drive to the west and south. Businesses fronting Castle Hayne Road border the property to the east. • The proposal would be accessed by a drive in the southeastern corner of the site, connecting the development to Brentwood Drive. A gated access for EMS has been proposed in the southwestern corner of the site. • The development’s proposed method of stormwater management will be two wet detention ponds, one located along the southern boundary of the parcel and one located towards the northeastern corner. • A 20’ perimeter setback containing a Type A opaque Buffer is indicated along the northern and southern boundaries of the project adjacent to property zoned or developed as R-15, Residential Districts. The opaque buffer is not delineated within the area designated as open space. Type A Buffers Stormwater Basins Gated Access for EMS Access onto Brentwood Dr Z22-22 Staff Report BOC 1.9.2023 Page 4 of 18 ZONING CONSIDERATIONS • The R-15 district in this area was established in 1972. 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, water and sewer services have begun to become available to nearby larger developments. However, the general area remains primarily zoned for low density housing with business and industrial uses located along Castle Hayne Road. • As currently zoned, the site would be permitted a maximum of 19 single-family dwelling units under the performance development standards, at a density of 2.5 du/acre. • The purpose of the R-5, Residential District is to provide lands that accommodate moderate to high density single-family detached and single-family attached development. • The proposed 49-unit development equates to a density of 6.41 units per acre. The R-5 district allows up to 8 units per acre by-right. • A Type-A opaque buffer will be required between the single-family residential uses and the proposed development. • Currently, water and sewer are not available to the subject site. A mainline extension would be required before the parcel could be developed as proposed. The applicant has indicated that necessary infrastructure will be installed to deliver water and sewer to the subject site. • 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. Z22-22 Staff Report BOC 1.9.2023 Page 5 of 18 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-22 Staff Report BOC 1.9.2023 Page 6 of 18 TRANSPORTATION • Access is proposed to be provided to the subject property from Brentwood Drive to the south, which is an NCDOT-maintained minor roadway. A gated access for EMS has been proposed in the southwestern corner of the parcel that would connect to Brentwood Drive. • As currently zoned, it is estimated the site would generate about 16 AM and 21 PM trips during the peak hours if developed at the permitted density of 19 single-family dwellings. The proposed R-5 development would increase the estimated number of peak hour trips by approximately 4 AM peak hour and 4 PM peak hour 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 ). Z22-22 Staff Report BOC 1.9.2023 Page 7 of 18 • 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. NCDOT Average Annual Daily Traffic (AADT) – 2021 Road Location Volume Capacity V/C LOS Castle Hayne Road Between Division Drive & Gordon Road 12,500 16,804 0.74 C • NCDOT’s Annual Average Daily Traffic (AADT) is the total volume of vehicle traffic on a section of a 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 MPO 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 an area. WMPO Average Daily Traffic (ADT) – 8/9/2021 Road Location Volume Capacity V/C LOS Castle Hayne Road Between Division Drive & Gordon Road 17,234 16,803 1.03 F • Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvement required through the NCDOT driveway permitting process. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning (ITE Code 210): 19 Single-Family Dwellings 16 AM / 21 PM Proposed Development: Single-family Attached (ITE Code 215): 49 Single-family Attached Dwelling Units 20 AM / 25 PM Z22-22 Staff Report BOC 1.9.2023 Page 8 of 18 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road into multi -lanes from I-140 to Division Drive. Right-of-Way acquisition and Utilities is currently scheduled to take place in FY 2025 and construction to begin after 2029. Z22-22 Staff Report BOC 1.9.2023 Page 9 of 18 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA.   Proposed Development Land Use/Intensity TIA Status 1. Preservation Point Phase 1 • 123 single-family dwellings • 27 multi-family dwellings • Approved August 21, 2019 • Phase 1 – 2022 Build Out Year • 2023 Full Build Out Year Full Build • 123 single-family dwellings • 27 multi-family dwellings • 5,000 sf of day care • 3,000 sf of high-turnover sit-down restaurant • 2,000 sf of coffee/donut shop with drive-thru • Small office building with 20 employees The TIA required improvements must be completed at certain intersections in the area. The notable improvements consisted of: • Phase 1: Construct a driveway at the entrance of the subject site and Castle Hayne Road that has one ingress and two egress lanes, with one continuous eastbound left turn lane, and construct a right turn lane to exit the site. Install a stop control at the entrance of the subject site and Castle Hayne Road. • Full Build: Construct a right turn lane at the intersection of Castle Hayne Road and Division Drive. Nearby Proposed Developments included within the TIA: • None Development Status: The developer is currently in the process of constructing the Phase 1 required roadway improvements. A total of 123 lots have been platted, and site work is currently underway. Z22-22 Staff Report BOC 1.9.2023 Page 10 of 18 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas . • 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 limitations for septic suitability), Class II (moderate limitations for septic suitability), and Class III (severe limitations for septic suitability). • Currently, infrastructure does not exist to be served by CFPUA. A mainline extension would be required before the parcel could be served. The applicant has indicated that necessary infrastructure will be installed to deliver water and sewer to the subject site. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 19 dwelling units would be permitted under the current R-15 zoning base density, and 49 units could potentially be developed under the proposed zoning for an increase of 30 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 7 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 popu lation is anticipated to only grow by approximately 1,300 students over the next 10 years based on the most recent New Hanover County Schools Facility Needs Study. Z22-22 Staff Report BOC 1.9.2023 Page 11 of 18 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 (R-15) 19 Residential Units Approximate** Total: 4 (2 elementary, 1 middle, 1 high) Proposed (CZD) R-5 Zoning 49 Residential Units Approximate** Total: 11 (4 elementary, 2 middle, 3 high) *The current general student generation rate was calculated by dividing the projected 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 0.08 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 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 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. • 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. Level Total NHC Capacity School Enrollment of Assigned School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 91% Wrightsboro 469 541 87% None Middle 92% Holly Shelter 851 991 86% None High 106% New Hanover 1,467 1,678 87% None Z22-22 Staff Report BOC 1.9.2023 Page 12 of 18 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 b y increasing housing diversity and access to basic goods and services. • The proposed R-5 CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 89%. Under the proposed R-5 district the site would allow for single family attached residential (townhomes) and increase housing type diversity by reducing the perce ntage of single family detached (89% to 87%) and increase the percentage of single family attached units (1% to 3%). • The subject property is located in the Wrightsboro community area, where 61.8% of residents currently live within one-mile of a support service (urgent care, primary doctor’s office, child & adult care, etc.). The proposed project would increase the number of residences within one-mile of a support service (61.8% to 62.4%). Z22-22 Staff Report BOC 1.9.2023 Page 13 of 18 REPRESENTATIVE DEVELOPMENTS Representative Developments of R-15: Clay Crossing Page’s Corner Z22-22 Staff Report BOC 1.9.2023 Page 14 of 18 Representative Developments of R-5: Wrightsville Place Leeward Village Z22-22 Staff Report BOC 1.9.2023 Page 15 of 18 Context and Compatibility • While the area was zoned for low density housing in the mid 1970’s, this general area has seen residential developments of higher densities and different housing types being established recently than those historically found within the existing zoning district. • The subject property is located on a NCDOT maintained local road that only connects to Castle Hayne Road, a NCDOT maintained minor arterial road. • The proposed developed is located between downtown Wilmington and the Wrightsboro commercial node. • The property abuts residentially zoned property to the north, south, and west, and B-2 zoned parcels to the east that currently accommodate commercial uses. • As the property is located between established, lower-density single-family residences and commercial uses fronting Castle Hayne Road, a minor arterial road, the proposal could serve as transition between these uses. • The subject site is located in close proximity to employment centers, namely the Airport Commerce Park, and industrial uses along Castle Hayne Road towards downtown Wilmington. As such, the project could serve as an appropriate infill project providing different housing options in close proximity to concentrated employment areas. • The proposal is at an overall density higher than that of the adjacent residential land uses. However, there are performance residential developments nearby, including Hanover Lakes and Windy Woods, that contain single-family dwelling units on lots smaller than 5,500 square feet. • Type A, opaque buffers have been indicated on the site plan abutting residential lots o n the northern and southern boundaries of the subject site. 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. Z22-08 Z22-22 Staff Report BOC 1.9.2023 Page 16 of 18 Future Land Use Map Place Type Employment Center Place Type Description Serves as an employment and production hub where office and light industrial uses predominate. It can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Analysis The subject property is located in the northern portion of the county along a minor arterial road, Castle Hayne Road, in between the Wrightsboro neighborhood commercial node and downtown Wilmington. The subject parcel is approximately less than one mile from commercial services available at both the Airport Commerce employment center to the east and less than two miles from the Wrightsboro commercial node to the north. The site is located between existing single-family residences on the north, south, and west. Residential developments that have been approved nearby include Preservation Point, Hanover Lakes, and Windy Woods, which all are performance developments and have lot sizes similar to that of R-5 standards. The Comprehensive Plan classifies the subject parcel as Employment Center. Employment Center place types are generally applied in areas like this that are intended to serve as employment and production hubs where office and light industrial uses are easily available. However, low to moderate density residential uses are encouraged within this place type to support the employment and production hubs. The subject parcel is located between established residential uses to the north and west that are classified as the General Residential place type and commercially-zoned land that accommodates automotive-related uses to the east classified as the Employment Center place type. As the subject site is located between these uses, this type of housing could be an appropriate infill and transitional development and support the commercial and industrial activity intended to be located within the employment center. In addition, the project is in line with the preferred density range for residential uses with the Employment Center place type, promotes the mixture of uses recommended within the Employment Center 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 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of housing diversity that is recommended in the Employment Center place type, the residential densities are in-line with those recommended within this place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Z22-22 Staff Report BOC 1.9.2023 Page 17 of 18 PLANNING BOARD MEETING The Planning Board considered this application at their December 1, 2022 meeting. Eight individuals spoke in opposition to the request. Based on comments and feedback received during the hearing, the applicant has agreed to a condition regarding the stormwater infrastructure from Preservation Point to the subject site along Brentwood Drive. The Planning Board recommended approval of the petition (5-0) with the following condition: 1. Improvements will be made to existing drainage system within NCDOT right - of-way for completion of infrastructure improvements for the development in accordance with the standards and requirements of NCDOT and New Hanover County Engineering. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place typ e and the residential densities are in-line with those recommended for the property. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. Z22-22 Staff Report BOC 1.9.2023 Page 18 of 18 STAFF RECOMMENDATION This portion of the Hightsville area of the county is positioned for future growth given the area’s location along Castle Hayne Road, a minor arterial that connects the Wrightsboro commercial node to downtown Wilmington. This proposal is also in close proximity to the Airport Commerce Park employment center, and the proposal could serve as an appropriate infill development and a transition between the surrounding land uses. Because the proposal in line with the Comprehensive Plan recommendations for this area, is similar in form and density to other residential projects approved nearby, and may serve as a transitional buffer between the existing neighborhoods, existing commercial uses, and future commercial activity, staff concurs with the Planning Board’s recommendation of approval of this application. In addition to the condition recommended by the Planning Board, staff also recommends two conditions offered by the applicant to address additional questions brought up at the Planning Board hearing and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in-line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. Proposed Conditions: 1. Improvements will be made to existing drainage system within NCDOT right- of-way for completion of infrastructure improvements for the development in accordance with the standards and requirements of NCDOT and New Hanover County Engineering. 2. If the right-of-way for public dedication on the site plan is not accepted as a public right-of-way by the NCDOT, then the owner shall establish a perpetual arrangement for maintenance of the same by the owner of said right -of-way, via deed restriction or the like. 3. Access to the mail kiosk shall meet all ADA and accessibility requiremen ts, and one visiting parking space located in front of or in close proximity to the mail kiosk may be removed to accommodate this. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in-line with those recommended for the property, 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 neighborhoods.