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HomeMy WebLinkAboutZ23-18 BOC Staff ReportZ23-18 Staff Report PB 10.5.2023 Page 1 of 15 STAFF REPORT FOR Z23-18 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-18 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Shirley S Norris Location: Acreage: 6218 Carolina Beach Rd 1.63 PID(s): Comp Plan Place Type: R07900-001-316-000 Community Mixed Use Existing Land Use: Proposed Land Use: Residential Office and Warehouse with associated moving truck and moving equipment rental Current Zoning: Proposed Zoning: R-15, Residential (CZD) B-2, Business Commercial SURROUNDING AREA LAND USE ZONING North Commercial Services, Single Family Residence B-2, R-15, East Hanover Pines Park, the future Pierson Point Townhome Development, Single Family Residential, and Vacant Commercially Zoned Property R-15, (CZD) R-5 (Pierson Point), (CZD) B-1 South Multi-Family Residential R-15 West Multi-Family Residential (CZD) R-10 (Sellars Cove) Zoning Z23-18 Staff Report PB 10.5.2023 Page 2 of 15 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer Existing residential development is served by private well and septic. Aqua private water and sewer utility are to the north of the site. CFPUA public water and sewer is not currently available. A proposed sewer line extension to serve the Pierson Point residential development is anticipated that may provide opportunity for future connection. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Myrtle Grove Station 18 Schools Bellamy Elementary, Murray Middle, and Ashley High Schools Recreation Monterey Heights Park, Veteran’s Park, Hanover Pines (Under Construction) CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Aerial Site Z23-18 Staff Report PB 10.5.2023 Page 3 of 15 APPLICANT’S REVISED CONCEPT PLAN Revised Concept Plan with Staff Markups • The applicant is proposing to rezone approximately 1.63 acres from R-15 to (CZD) B-2, Business Commercial zoning district for a maximum 4,450 square foot office and warehousing facility to provide a moving services operation that includes the rental of moving trucks and moving equipment and the warehousing of portable storage containers similar to PODS®. • The existing site currently includes a single-family dwelling, a swimming pool, and two accessory structures. The applicant is proposing to remove the dwelling and swimming pool while retaining and remodeling both accessory structures. • Of the two accessory structures, one will be converted into a 650 square foot office in which the proposed moving truck and moving equipment rental agency will operate from. The other structure will be converted into a 600 square foot supply storage space. • The proposal also includes a 2,400 square foot warehouse that will be used as a temporary repository for portable storage containers. • Similar to PODS®, the storage containers are designed to be transported to an off-site location for costumer use and then returned to the warehouse for short or long-term storage. Once on location, the warehouse and storage containers will not be accessible to the public. • The applicant has included a 20-foot-wide public access easement along Carolina Beach Road to accommodate future bicycle and pedestrian infrastructure. A condition has been included guaranteeing the easement. Septic Office Dumpster Office Storage Well Security Fence Warehouse Z23-18 Staff Report PB 10.5.2023 Page 4 of 15 • The applicant has also included an enhanced Type A opaque buffer yard along the western and southwestern property lines adjacent to neighboring residential uses. The buffer is proposed as a minimum 35-foot-wide spatial buffer with a Type A Opaque Buffer consisting of three rows of evergreen shrubs a minimum of 6 feet in height that will provide full visual opacity within one year of planting. The buffer will be supplemented by an additional two rows of staggered evergreen shrubs anticipated to grow a minimum of 15-20 feet tall. A condition has been included guaranteeing the additional buffer. • At the Planning Board meeting, two conditions related to the locations of both security fencing and dumpster facilities were recommended in consideration for the adjacent neighbors. The applicant’s revised concept plan illustrates the incorporation of both conditions, the first being that if the developer were to erect a security fence, the fence must be located on the property owner’s side of the vegetative buffer in an effort to keep from being in the view of the adjacent neighbors. The second condition stipulates the site’s dumpster location is to be closer to the center of the development near the proposed office in an effort to reduce possible impacts from noise during waste collection. 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, the Carolina Beach Road corridor has experienced a transition to higher density residential and mixed commercial districts from the Monkey Junction growth node to Halyburton Parkway to the south. • In addition, there has been a trend of adaptive reuse of residential structures converting to commercial use along the corridor. • The B-2 district was established to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto oriented uses that meet the needs of the motoring public or that rely on pass by traffic. • The B-2 district requires a 30-foot side interior setback and a 35-foot rear setback when adjacent to residential properties. • As the UDO does not specifically lists “moving operation services” such as moving truck or moving equipment rental as a use, staff has determined that the proposed development’s land use is best categorized as Offices for Private Business and Professional Activities and Warehousing with associated moving truck and moving equipment rentals. • Section 4.3.5.D.2 of the UDO contains additional use standards for warehousing within the B-2 zoning district. These standards prohibit the storage of live animals, explosives, and flammable gases or liquids. Z23-18 Staff Report PB 10.5.2023 Page 5 of 15 • The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties shall not exceed 0.5-foot candles and 1.0-foot candles adjacent to the commercial uses. The height of exterior light fixtures shall not exceed 25 feet and all exterior luminaries shall be full cutoff fixtures that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. The applicant has proposed additional lighting restrictions limiting light posts to no taller than 12 feet. • 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. AREA DEVELOPMENT Z23-18 Staff Report PB 10.5.2023 Page 6 of 15 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 4 single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Type of Roadway NCDOT major arterial Roadway Planning Capacity (AADT) 41,369 Latest Traffic Volume (AADT) 43,500 (2021) Z23-18 Staff Report PB 10.5.2023 Page 7 of 15 Latest WMPO Point-in-Time County (DT) 51,023 (July 2022) Current Level of Congestion Over planning capacity NEARBY NCDOT STIP ROADWAY PROJECTS U-5790 – Monkey Junction Intersection and Roadway Improvements (2029 Right-of-way acquisition and utilities) - Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection. - The project includes widening Carolina Beach Road south of the intersection to Sanders Road. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed (Mini warehousing/Small Office Building) Designation Potential Impact of Proposed Designation AM Peak Hour Trips 3 1 -2 PM Peak Hour Trips 4 1 -3 Assumptions Typical Development with Existing Zoning – 4 single family detached dwellings. Proposed Development – 650 sf business services office and 2,400 sf warehouse. Sources WMPO 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 major arterial highway that is currently over planning capacity. Future NCDOT improvements to Carolina Beach Road north of the project are anticipated to alleviate current conditions, while the proposed project reduces overall traffic impacts compared to by-right development allowed under current zoning. Access is proposed through a single limited access driveway with nearby U-turn movements approximately 700 feet north and south of the site. The prosed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis. NCDOT will review the project through the driveway permitting process for any required improvements to the existing driveway. ENVIRONMENTAL • The property is not within a Natural Heritage Area or a Special Flood Hazard Area. • The property is within the Everette Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class 1 (Suitable) soils. The site is currently served by private well and septic. If approved the existing well and septic must be reviewed and approved by New Hanover County Environmental Health. Z23-18 Staff Report PB 10.5.2023 Page 8 of 15 • CFPUA does not currently have water and sewer infrastructure in the immediate area. The nearby Pierson Point residential development on the east side of Carolina Beach Road is anticipated to extend water and sewer to the area within the next year. Additional infrastructure may be required to enable future connection to public sewer from the site. Private utility provider Aqua also has nearby sewer infrastructure currently serving the neighboring Sellars Cove development. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 7, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Year 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and wellbeing, 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 proposed (CZD) B-2 rezoning will allow a business that can support the surrounding community to be located in a transitional area along a major roadway corridor and in close proximity to a number of households. A business-friendly environment that promotes growth, agility, and collaboration. The plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable a new business. Z23-18 Staff Report PB 10.5.2023 Page 9 of 15 Representative Developments Representative Developments of R-15 (Existing Zoning): Arrondale Subdivision Carolina Beach Road Z23-18 Staff Report PB 10.5.2023 Page 10 of 15 Representative Developments of Proposed Use: Budget Truck Rental on N. Kerr Avenue U-Box Portable Storage & Moving Containers on Market Street Z23-18 Staff Report PB 10.5.2023 Page 11 of 15 UNITS Moving and Portable Storage of Wilmington on Government Center Drive Context and Compatibility • The property is located along Carolina Beach Road between higher density multi-family development and commercially zoned properties south of the intersection of Sanders Road and Carolina Beach Road. • Development along the Carolina Beach Road corridor has seen a trend towards higher density multi-family projects and commercial projects. • Due to the size of the parcel and access onto Carolina Beach Road, the property is less likely to be developed with lower density detached single family housing. • Nearby commercial development includes a restaurant, grocery store, and other community level service uses. • Nearby residential developments include the multi-family development Sellars Cove, zoned (CZD) R-10 in 2007 with a density of 11.5 dwelling units per acre, and the Pierson Point townhome development zoned (CZD) R-5 in 2022 with a density of 7.8 dwelling units per acre. • The proposed use could act as an appropriate transition between the Carolina Beach Road corridor and the multi-family residential to the west. • Additional conditions have been provided limiting land uses, providing a public access easement along Carolina Beach Road, prohibiting commercial RV & boat storage and outside storage of portable containers, placing height restrictions on proposed structures, exterior lighting and security fencing requirements, providing an enhanced rear buffer yard, and requirements for the dumpster location. Z23-18 Staff Report PB 10.5.2023 Page 12 of 15 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. Analysis The property is located along Carolina Beach Road between higher density multi-family development and commercially zoned properties south of the intersection of Sanders Road and Carolina Beach Road. The parcel is in an area south of the Monkey Junction growth node in an area that has been transiting from single family residential to higher density residential and commercial development. The Community Mixed Use place type includes commercial uses and encourages infill development along highway corridors. The proposed project could be appropriate in the transitional area while providing service to nearby residents. Additional conditions have been provided to limit uses to offices and warehousing, increase the visual buffer to the west, provide for future pedestrian accommodations along Carolina Beach Road, and to reduce potential lighting impacts to adjacent properties. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. Z23-18 Staff Report PB 10.5.2023 Page 13 of 15 PLANNING BOARD MEETING The Planning Board considered this application at the October 5, 2023, meeting. Two people, one of whom was the appointed representative of the Sellars Cove community, spoke in opposition to the project. No one from the public spoke in support. While deliberating, the Planning Board considered the extent of permitted uses within the B-2 district along with the associated traffic and other impacts possible with those potential commercial uses. By comparison, the applicant’s proposed use was determined to be less intrusive to the area. The Planning Board voted unanimously (7-0) to recommend approval of the petition with the following conditions: 1. Uses shall be limited to Offices for Private Business and Professional Activities and Warehousing. Any vehicle rental will be ancillary to the uses described. 2. A minimum 20-foot-wide dedicated public access easement shall be required extending from the northern property line to the southern property line parallel to Carolina Beach Road. Adjustments to the location of the easement along Carolina Beach Road may be approved administratively by Planning staff due to landscaping, tree preservation, driveway access, or utility requirements. 3. No commercial RV or boat storage shall be permitted on site. 4. No outdoor storage of temporary or POD storage containers shall be permitted on site. 5. The warehouse structure’s maximum allowed building height is 25 feet. 6. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas, or motorists. Light posts shall be no taller than twelve (12) feet. 7. The entire 35-foot-wide setback behind the building shall be reserved as a buffer yard. No activities shall occur in that area. Two (2) staggered rows of Leyland Cypress or some other evergreen shrub that grows a minimum of 15-20 feet in height will be planted along the rear boundary in addition to the prescribed Type A Opaque Buffer, Option 1 requiring a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 8. Any security fencing will be placed on the property owner’s side of buffer. 9. Dumpsters will be located centrally near the administrative office. Z23-18 Staff Report PB 10.5.2023 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 property is located along Carolina Beach Road between higher density multi-family development and commercially zoned properties south of the intersection of Sanders Road and Carolina Beach Road. The proposed project reduces overall estimated traffic in an area of roadway that is currently over planning capacity and could act as an appropriate transition between the highway corridor and adjacent higher density residential development. The Planning Board had recommended adding the language “any vehicle rental will be ancillary to the uses described” to condition one as part of their motion. Staff is recommending an alternate condition (Uses shall be limited to Offices for Private Business and Professional Activities and Warehousing with associated moving truck and moving equipment rental) to clarify the intent of the proposed project. We are also recommending the reference to POD containers in condition 4 be revised to not specify any one type of storage company. Additional conditions include the applicant providing a public access easement along a major corridor, excluding commercial RV and boat storage, height restrictions on all structures, general considerations towards lighting, an enhanced Type A: Opaque rear buffer yard, security fencing location, and the location of any on-site dumpster. As a result, Staff concurs with the Planning Board’s recommendation and suggests the following motion with the proposed conditions: 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 limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project reduces estimated traffic impacts to the adjacent roadway and would act as an appropriate transition between the highway and neighboring high density residential development, with the following conditions: Proposed Conditions: 1. Uses shall be limited to Offices for Private Business and Professional Activities and Warehousing with associated moving truck and moving equipment rental. 2. A minimum 20-foot-wide dedicated public access easement shall be required extending from the northern property line to the southern property line parallel to Carolina Beach Road. Adjustments to the location of the easement along Carolina Beach Road may be approved administratively by Planning staff due to landscaping, tree preservation, driveway access, or utility requirements. 3. No commercial RV or boat storage shall be permitted on site. 4. No outdoor storage of portable storage containers shall be permitted on site. 5. The warehouse structure’s maximum allowed building height is 25 feet. 6. Exterior lighting, including luminaries and security lights, shall be arranged, or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not Z23-18 Staff Report PB 10.5.2023 Page 15 of 15 directed at adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 7. The entire 35-foot-wide setback behind the building shall be reserved as a buffer yard. No activities shall occur in that area. Two (2) staggard rows of Leyland Cypress or some other evergreen shrub that grows a minimum of 15-20 feet in height will be planted along the rear boundary in addition to the prescribed Type A Opaque Buffer, Option 1 requiring a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 8. Any security fencing will be placed on the property owner’s side of buffer. 9. Dumpsters will be located centrally near the administrative office. Alternative Motion for Denial 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 limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. I find DENIAL of the rezoning request is not reasonable and in the public interest because the proposal is not similar in use to other nearby uses and would not serve as an appropriate transition between adjacent land uses.