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HomeMy WebLinkAboutZ23-14 BOC Staff Report - FinalZ23-14 Staff Report PB 8.3.2023 Page 1 of 16 STAFF REPORT FOR Z23-14 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-14 Request: Rezoning to a Conditional R-5 district Applicant: Property Owner(s): Wes Reynolds SB Cottages Investment LLC Location: Acreage: 7641, 7645, 7647 Carolina Beach Road 7.37 PID(s): Comp Plan Place Type: R08518-001-014-002, R08518-001-014-001, R08518-001-014-003, R08518-001-001-000 Community Mixed Use Existing Land Use: Proposed Land Use: Vacant Wooded Land Maximum 46 attached single family dwelling units Current Zoning: Proposed Zoning: R-15, Residential (CZD) R-5 SURROUNDING AREA LAND USE ZONING North Single Family Residential and vacant land R-15 East Single Family Residential R-15 South Single Family Residential R-15 West Single Family Residential R-15 Z23-14 Staff Report PB 8.3.2023 Page 2 of 16 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. Aqua has provided a letter of intent to serve dwelling units approved for this project. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray Middle, and Ashley High Schools Recreation Carolina Beach State Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation resource maps indicate pocosin wetlands 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 While undeveloped, the parcels are located within the historical Seabreeze neighborhood. Established in the mid-1920s, the area was a prime vacation resort for African Americans within southeastern North Carolina from the 1930s through the 1950s before a decline stemming from Hurricane Hazel in 1954, financial trouble, and the end of segregation in the 1960s. Archaeological No known archaeological resources Z23-14 Staff Report PB 8.3.2023 Page 3 of 16 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Proposed Concept Plan - Includes Staff Markups • The proposed concept plan consists of a maximum of 46 attached single-family dwellings proposed as a combination of duplex and quadraplex units with required open space. • Four access points are proposed including a new proposed internal loop road along the existing easement. The existing easement would be upgraded to meet the county’s private street requirements. An additional condition has been included guaranteeing the opportunity for future extension north to Seabreeze Road but those property owners will not be responsible for future maintenance. • Twelve stormwater management areas have been proposed throughout the project. The additional stormwater areas are intended to include areas beyond the minimum required. A condition has been included that infiltration basins identified on the concept plan shall be required. • The concept plan identifies two significant Live Oak and other significant trees on the property. A condition has been provided to preserve the trees as identified on the concept plan that are not removed for essential site improvements. • Four areas of the property have been delineated as wetlands. The Army Corps of Engineers has confirmed they are considered waters of the state and are not federally regulated. This determination was made before recent changes to the federal definition of wetland. 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 housing served by private septic and wells would be developed at low densities. Since that time, private water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor remains primarily zoned for low density housing. Wetlands Wetlands 46 Dwelling Units Z23-14 Staff Report PB 8.3.2023 Page 4 of 16 • The northern and central portions of the Carolina Beach Road corridor have seen increased interest in higher density residential such as the 6800 Carolina Beach Road convenience store and residential development and the McQuillan Pines mixed use apartment and storage facility project to the north. • The southern portion of the Carolina Beach Road corridor has not seen consistent interest in higher density development. • As currently zoned, the site would be permitted up to 18 dwelling units at a density of 2.5 du/ac under the performance residential development standards. The proposed 46 units equate to an overall density of 6.2 du/ac, less than the 8 units per acre maximum density allowed in the R-5 district. • The R-5 district was established to provide lands that accommodate moderate to high density residential development on smaller lots with a compact and walkable development pattern. The district allows a range of housing types and can be developed in conjunction with a non-residential district to create a vertical mixed-use development pattern as well as serve as a transition between mixed-use or commercial development and low to moderate density residential development. • A Type A opaque buffer is required on the north, south, and eastern borders of the project. • The site is also within the Pocosin Conservation Resource. Section 5.7 of the UDO requires areas containing or adjacent to over 5 acres of an identified conservation resource must comply with additional setbacks and other performance controls. • If approved, all structures and impervious surfaces shall be setback a minimum of 25 feet from the conservation space and retention and preservation of the conservation area either within a conservation easement or dedicated open space owned and managed by a property owners association. • If approved the project would be developed under the Performance Residential development standards of the UDO which requires a minimum 20-foot buffer, commonly referred to as a “performance buffer,” along the project boundary. The performance buffer is a setback and does not require vegetation or fencing. • Existing neighboring residential subdivisions to the east developed under the Performance Residential standards have existing 20-foot setbacks from the project boundary. • 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. Z23-14 Staff Report PB 8.3.2023 Page 5 of 16 AREA DEVELOPMENTS Z23-14 Staff Report PB 8.3.2023 Page 6 of 16 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 18 single-family dwelling units. PROPOSED ACCESS Primary Access Service Road at the intersection of Seabreeze Road and Service Road immediately east of the intersection of Seabreeze Road and Carolina Beach Road. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Seabreeze Road Service Road Type of Roadway NCDOT major arterial Local Road Local Road Z23-14 Staff Report PB 8.3.2023 Page 7 of 16 Roadway Planning Capacity (AADT) 41,369 4,000* 4,000* Latest Traffic Volume (AADT) 32,500 400 N/A Latest WMPO Point-in-Time Count (DT) 33,254 N/A N/A Current Level of Congestion Available Capacity Available Capacity N/A 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 Potential Impact of Proposed Designation AM Peak Hour Trips 16 18 +2 PM Peak Hour Trips 20 24 +4 Assumptions Typical Development with Existing Zoning – 18 single family detached dwellings. Proposed Development – 46 attached single-family dwellings Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed. 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). SUMMARY The proposed project is located along a service road parallel to a major arterial roadway with available capacity in the southern portion of the highway corridor. Access to the Service Road is near a signalized intersection onto Carolina Beach Road which increases the potential for vehicle conflicts entering the intersection. The local roads do not connect to other parts of the surrounding network and therefore have low daily estimated vehicle counts. The lack of available NCDOT data indicates the roads do not currently experience heavy enough traffic volumes to warrant monitoring. While there is no specific data available to indicate current or anticipated impacts to roadway capacity the increase in estimated trips generated by the proposed development is minimal. In addition, the project will be subject to NCDOT driveway permitting which will include the service road, Seabreeze Road, and Carolina Beach Road intersections in their analysis. * Seabreeze Road and Service Road do not have listed planning capacities. The WMPO and DOT use a base 4,000 vehicles per day for these road types because it is the minimum threshold necessary for DOT to discuss roadway capacity improvements. Z23-14 Staff Report PB 8.3.2023 Page 8 of 16 ENVIRONMENTAL • The property is not within a Natural Heritage Area. Approximately 0.07 acres (approximately 3,000 square feet) of the project is within the Special Flood Hazard Area. The concept plan shows none of the proposed units will be in the flood hazard. • The remainder of the property is within the Shaded Zone X (0.2% annual flood risk) Special Flood Hazard Area. This is considered an area of moderate to low risk and is not subject to floodplain development requirements or density restrictions for new development. • The property is within watersheds ICW13 and ICW14 that drain to portions of the Intracoastal Waterway. • 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. Private water and sewer are available through utility extensions to the Aqua utility system. • Aqua has provided a letter of intent to serve the proposed development, which will require an agreement between Aqua and the developer. • The concept plan delineates wetlands on the property that will be impacted by the development. The Army Corps of Engineers has stated the wetlands are considered waters of the state. The wetland designation was determined before recent changes to the federal definition of wetlands. • Development within the delineated wetlands will require review and approval by the NC Department of Environmental Quality (DEQ) through the Isolated and Other Non- Jurisdictional Wetlands and Waters Permit process for identified wetlands that are not regulated by the Army Corps of Engineers. Following application DEQ evaluates and makes a determination on the proposed impacts to 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 18 dwelling units would be permitted under the current R-15 zoning base density, and 46 units could potentially be developed under the proposed zoning for an increase of 28 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 6 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 Z23-14 Staff Report PB 8.3.2023 Page 9 of 16 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 0 single-family dwellings Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 18 residential units Approximate** Total: 4 (2 elementary, 1 middle, 1 high) Proposed Zoning 46 residential units Approximate** Total: 10 (4 elementary, 2 middle, 3 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. • 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. 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 Z23-14 Staff Report PB 8.3.2023 Page 10 of 16 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. Strategic Plan Outcomes Relevant to Proposal Analysis Through planned growth and development, residents have access to their basic needs. The strategic objective to achieve this desired outcome includes the provision of a variety of housing options. The proposed CZD R-5 rezoning will provide new attached single-family homes in an area of the county that is largely single-family, detached and can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. Natural areas and critical environmental features are enhanced and protected. While the conceptual plan included as part of the proposed rezoning shows wetlands on the site, the proposed development will not disturb a large component of them and the areas that will be impacted have been determined to not be jurisdictional wetlands subject to Army Corps of Engineers regulations. Homes are not proposed to be located on the small area of special flood hazard area on the site. Z23-14 Staff Report PB 8.3.2023 Page 11 of 16 Representative Developments Representative Developments of R-15: Dolphin Bay Subdivision Old Cape Cod Subdivision Z23-14 Staff Report PB 8.3.2023 Page 12 of 16 Representative Development of Attached Single Family Dwellings Plantation Village Subdivision Marsh Oaks Subdivision Z23-14 Staff Report PB 8.3.2023 Page 13 of 16 Context and Compatibility • The property is located near the intersection of Carolina Beach Road and Seabreeze Road, an area that has not experienced the same interest in higher density growth as the northern and central portions of the Carolina Beach Road corridor. • The site is within the historic Seabreeze community which served as a beach resort community for African Americans from the 1930s through the 1950s. While the subject site is undeveloped, a few structures from this community remain in the area along Seabreeze Road. • This area was the focus of the Seabreeze Small Area Plan created in 1988. The recommendations for the area included revitalization of the businesses and redevelopment of the waterfront. However, since the adoption of the plan this revitalization has not been accomplished and some of the historic structures and properties have been converted into luxury homes. • A prior rezoning request in the Seabreeze area for higher density residential development was reviewed by the Planning Board in the Fall of 2022. While the Comprehensive Plan and the previous Seabreeze Small Area Plan proposed higher density growth for the revitalization of Seabreeze, the feedback from the public indicated the desired development patterns for the area has shifted towards a preference for density consistent with current development patterns. • The existing land uses in the area include a mix of small and large single-family dwellings. • The proposed attached housing type increases housing type diversity in the area and acts as a transition between the Carolina Beach Road corridor to the west and lower density housing east. • The proposed density of 6.2 du / ac is below the maximum allowed for the R-5 zoning district and less than the maximum recommended for the Community Mixed Use place type. • Several environmentally sensitive areas have been identified on the property including state regulated wetlands, the AE Special Flood Hazard Area, Pocosin conservation resources, and several significant and specimen trees. • Additional conditions have been provided guaranteeing tree retention, utility service, access to current owners along the existing easement, and reducing development in flood prone areas. 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. Z23-14 Staff Report PB 8.3.2023 Page 14 of 16 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 located south of the intersection of Carolina Beach Road and Seabreeze Road, in the historic Seabreeze community. The proposed density of 6.2 du / ac is below the maximum allowed for the R-5 zoning district and less than the maximum recommended for the Community Mixed Use place type. Several environmentally sensitive areas have been identified on the property including state regulated wetlands, the AE Special Flood Hazard Area, Pocosin conservation resources, and several significant and specimen trees. A goal of the Comprehensive Plan is to promote environmentally responsible growth by promoting a mixture of uses, where appropriate, in an effort to cluster development and minimize impacts on natural resources. Additional conditions have been provided guaranteeing tree retention, utility service, access to current owners along the existing easement, and reducing development in flood prone areas. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed density and housing type are in line with the recommendations of the Community Mixed Use place type and the proposed development would act as an appropriate transition between the highway and existing detached single-family residential development. Z23-14 Staff Report PB 8.3.2023 Page 15 of 16 PLANNING BOARD MEETING The Planning Board considered this application at the August 3, 2023 meeting. Five members of the public spoke in opposition citing concerns with the stormwater, loss of natural features, and traffic. The Planning Board voted (5-2) to recommend approval of the petition with five conditions (Kevin Hine and Clark Hipp dissenting). The two votes in opposition to the request cited concerns with the impact on the area road network, traffic, and the level of transition between the existing and proposed housing densities. Proposed Conditions: 1. The project as shown on the submitted site plan shall be developed with water and sewer connections to a private wastewater system. Private wells and septic systems are not allowed for residential development as contemplated on the site plan. 2. As identified on the site plan, certain existing trees onsite will not be removed. 3. The zoning approval and development contemplated therein shall not impact the current and future lot owners of the following parcels, R08518-001-014- 004, R08518-001-015-000, and R08518-001-015-002, right to use the access easement shown on the concept plan, nor shall the zoning approval and development contemplated therein create any additional financial burden on those lot owners to contribute to the cost of maintenance for the access road. 4. The northern terminus of the access easement shall be designated for public use to allow potential future connection to and through adjoining parcels to Seabreeze Road. 5. All stormwater management areas shown on the concept plan shall be required. Changes to the general shape of the basins as required by essential site improvements may be accepted administratively by Planning staff. The Planning Board found the application 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. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the project provides housing diversity at an appropriate density to act as a transition between the highway and residential development to the east and the proposed additional conditions reduce some impacts on environmental features. STAFF RECOMMENDATION 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 intensity development and identifies the scale of the recommended development as up to 3 stories and 15 du / ac. Z23-14 Staff Report PB 8.3.2023 Page 16 of 16 The scale and density of the proposed development is below the recommendations for the place type and the proposed housing type provides transitions from the highway to existing residential uses. The proposed additional conditions are intended to reduce impacts to environmental and conservation resources. Because the subject property does not front Carolina Beach Road, staff has not recommended a condition requiring an easement for future bicycle and pedestrian infrastructure. As a result, Staff recommends approval of the request and suggests the following motion: I move to APPROVE 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. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project provides housing diversity at an appropriate density to act as a transition between the highway and residential development to the east and the proposed additional conditions reduce some impacts on environmental features. Proposed Conditions: 1. The project as shown on the submitted site plan shall be developed with water and sewer connections to a private wastewater system. Private wells and septic systems are not allowed for residential development as contemplated on the site plan. 2. As identified on the site plan, certain existing trees onsite will not be removed. 3. The zoning approval and development contemplated therein shall not impact the current and future lot owners of the following parcels, R08518-001-014- 004, R08518-001-015-000, and R08518-001-015-002, right to use the access easement shown on the concept plan, nor shall the zoning approval and development contemplated therein create any additional financial burden on those lot owners to contribute to the cost of maintenance for the access road. 4. The northern terminus of the access easement shall be designated for public use to allow potential future connection to and through adjoining parcels to Seabreeze Road. 5. All stormwater management areas shown on the concept plan shall be required. Changes to the general shape of the basins as required by essential site improvements may be accepted administratively by Planning staff. 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 DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density and housing type are in line with the recommendations of the Community Mixed Use place type and the proposed development acts as an appropriate transition between the highway and existing development. I find DENIAL of the rezoning request is reasonable and in the public interest because of the project’s anticipated impacts on environmental and conservation resources and the potential increase of vehicle conflicts on adjacent roadways.