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Home My WebLink AboutZ23-21 BOC Novus Cover SheetNEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/11/2023 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z23-21) – Request by Ronald Carlock with CIP Construc7on Company, applicant, to rezone approximately 33.54 acres zoned R- 15, Residen7al, B-2, Highway Commercial, and I-1, Light Industrial located at 8138 Market Street to (CZD) RMF-M, Residen7al Mul7-Family Moderate High Density for a maximum 348 single family aBached dwelling units. BRIEF SUMMARY: The applicant is proposing to rezone approximately 33.54 acres from B-2, Regional Business, I-1, Light Industrial, and R-15, Residen/al, to the (CZD) RMF-M Residen/al Mul/-Family, Moderate Density district for a maximum 348-unit townhome development. The concept plan consists of 348 residen/al units laid out in 30 buildings. Each row of buildings has two end units which are two stories with no garage- parking is in a driveway. The dwellings in between the two story units in each row are three stories with a garage on the ground floor. The R-15 district in this area was established in 1971. At the /me, the purpose of the R-15 district was to ensure that housing served by private sep/c and well would be developed at low densi/es. Since that /me, water and sewer services have become available to the surrounding area. The B-2 por/on of this site was rezoned in 1985 to be compa/ble with the auto parts business that was already in opera/on on the site. That auto parts store is no longer on the site. The I-1 zoning designa/on for this property reflected the industrial uses already in existence at the /me this area of the county was ini/ally zoned. The exis/ng industrial uses and proper/es will remain and are not affected by this rezoning. The I-1 por/on of the site is only 0.15 acres in area which is too small for considera/on of possible development. It is included in this development to provide sufficient access to the interior of the site. The RMF-M district was established to provide lands that accommodate moderate density single-family and mul/-family development. The intent of the RMF-M district is to func/on as a transi/onal district between intensive nonresiden/al development and higher density residen/al areas. The district is designed to provide a reasonable range of choice, type, and loca/on of housing units. This site is located in the Special Highway Overlay District (SHOD), which prescribes a minimum 100' front setback for buildings. The SHOD also prescribes maximum square footage and height of signs. The amenity building meets the 100' setback. As currently zoned, the R-15 por/on of the site would allow 75 dwelling units under a performance residen/al subdivision. It is es/mated that the 2.88 acres of property zoned B-2 can generally support approximately 22,500 square feet of tradi/onal retail uses based on a typical 18% building area for this type of zoning. The proposed 348 units would result in an overall density of 10.94 dwelling units per acre. As currently zoned, it is es/mated that the site would generate approximately 106 AM peak hour trips and 219 PM peak hour trips. The proposed RMF-M development is es/mated to generate 131 AM peak hour trips and 170 PM peak hour trips, increasing the number of AM peak hour trips by 25 and decreasing the number of PM peak hour trips by 49. The proposed project is located along a principal arterial highway that is currently over capacity; however, the Military Cutoff Extension recently opened and is an/cipated to reduce traffic conges/on in the Porters Neck area. The applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including a new right-turn lane on Market Street on a northbound approach to this development and a new traffic signal at Cypress Pond Way. There is a connec/on to Brays Drive which the applicant has proposed for emergency access only. The TIA approval was based on full access at Brays Drive, which staff would recommend. If the Board is in support of the applicant’s proposed gated access at Brays Drive, an updated TIA approval leGer would be required from the WMPO and NCDOT. (The full TIA can be viewed here). Students living in the proposed development would be assigned to Porters Neck Elementary School, Holly Shelter Middle School and Laney High School. Based on a generalized historic genera/on rate, staff would es/mate the increase in homes would result in approximate 57 addi/onal students than would be generated under current zoning. The Comprehensive Plan designates these proper/es as both Urban Mixed Use and General Residen/al. The General Residen/al place type focuses on The Comprehensive Plan designates these proper/es as both Urban Mixed Use and General Residen/al. The General Residen/al place type focuses on lower density housing and associated civic and commercial services, recommending up to 8 dwelling units per acre. The Urban Mixed Use place type focuses on higher density housing and associated commercial services. This project's proposed density at 10.94 units per acre sits between the two place types' density recommenda/ons. The project is also located within the Porters Neck Growth Node, iden/fied in the 2016 Comprehensive Plan. The proposed RMF-M district and project are in line with the Comprehensive Plan’s recommenda/ons for the Urban Mixed Use and General Residen/al place types. While the proposed project’s density is lower than recommended for the Urban Mixed Use place type, it is higher than that which is recommended for General Residen/al. This proposed project fits in between the two place types. The applica/on provides for the type of use and density that is appropriate within this area and within the growth node. The proposed RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densi/es that are appropriate for proper/es located in both the Urban Mixed Use and General Residen/al place types. While staff would prefer addi/onal connec/ons and more commercial development along the commercial corridor, the applica/on provides housing and an appropriate transi/on from the commercial node to the lower density residen/al areas to the east. The Planning Board considered this item at their November 2 Planning Board mee/ng. Several members of the public spoke in general opposi/on to the project ci/ng concerns with the proposed density and traffic. Several residents of the adjacent Porters Pointe Subdivision, including member of the Homeowners Associa/on, expressed support for the project but opposed staff’s recommenda/on for full through access on to Brays Drive and the bicycle and pedestrian access ci/ng concerns with increased traffic and public safety. The Planning Board voted (4-2) to recommend approval of the request with condi/ons, including support for the Brays Drive access point to be emergency only. Planning Board members Pete Avery and Hansen MaGhews dissented. Mr. Avery stated he supported the project, however voted against the project because he did not support the condi/on requiring bicycle and pedestrian connec/vity included in the mo/on. Mr. MaGhews stated he was opposed because the proposal did not include any affordable or workforce housing components. The Planning Board recommended the following condi/ons: 1. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only. 2. Buffers against residen/al proper/es are widened beyond New Hanover County minimum buffer width requirements as shown on the condi/onal zoning plan. The buffers and open space areas are variable widths and will contain a mixture of preserved exis/ng trees and/or augmented vegeta/on. 3. Areas of buffer and open space outside of essen/al site improvements and easements will preserve exis/ng trees that are not dead, dying, or otherwise hazardous. 4. Bicycle and pedestrian infrastructure shall be installed up to the property line where internal roads connect to adjacent parcels. 5. An overland relief path within a public drainage easement will be provided from the exis/ng pond to the proposed pond ouLall. 6. Buildings will be a maximum of three stories. STRATEGIC PLAN ALIGNMENT: Sustainable Land Use & Environmental Stewardship Through planned growth and development, residents have access to their basic need Connect residents to basic needs through a variety of housing and transporta/on op/ons. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda/on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera/ons, and technical review. The proposal includes a density and housing type that appropriately sits in between the recommended densi/es for the General Residen/al place type and the Urban Mixed Use place types. While staff would prefer more commercial development along the Market St corridor, the applica/on provides housing and an appropriate transi/on from the commercial node to the lower density residen/al areas to the east. Because of the number of housing units proposed, staff is in support of addi/onal connec/vity for the project, giving it at least two access points if prac/cal. There is an opportunity for that connec/on via Brays Drive, a road dedicated for public use. Staff's intent of that connec/on is for residents of the new development to be able to access Porters Neck Road and the school more easily, and for residents of the Porters Pointe neighborhood to have beGer access to Market Street. Staff is also in support of the bicycle and pedestrian connec/ons for this project, per the recommenda/ons of the Comprehensive Plan for integra/on of mul/-modal transporta/on to encourage safe, walkable communi/es and the poten/al future mul/-use path along Porters Neck Road. As a result, staff concurs with the Planning Board’s recommenda/on with the excep/on of the limited access on Brays Drive and recommends the following mo/on: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densi/es that are appropriate for proper/es located in both the Urban Mixed Use and General Residen/al place types. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the applica/on provides housing place types. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the applica/on provides housing and an appropriate transi/on from the commercial node to the lower density residen/al areas to the east. Applicant Proposed Condi7ons: 1. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only. 2. Buffers against residen/al proper/es are widened beyond New Hanover County minimum buffer width requirements as shown on the condi/onal zoning plan. The buffers and open space areas are variable widths and will contain a mixture of preserved exis/ng trees and/or augmented vegeta/on. 3. Areas of buffer and open space outside of essen/al site improvements and easements will preserve exis/ng trees that are not dead, dying, or otherwise hazardous. Staff Recommended Condi7ons, in addi7on to applicant proposed condi7ons: 4. The connec/on to Brays Drive shall be a full through connec/on. 5. Bicycle and pedestrian infrastructure shall be installed up to the property line where internal roads connect to adjacent parcels. 6. An overland relief path within a public drainage easement will be provided from the exis/ng pond to the proposed pond ouLall. 7. Buildings will be a maximum of three stories. Alterna7ve Mo7on for DENIAL (if based on informa/on presented at the public hearing or other considera/on 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 district is more in line with the densi/es that are appropriate for proper/es located in both the Urban Mixed Use and General Residen/al place types, I find DENIAL of the rezoning request is not reasonable and in the public interest because the exis/ng B-2 zoning is more appropriate along the Market Street corridor and the proposal funnels to only one access point. ATTACHMENTS: Descrip/on Z23-21 BOC Script Z23-21 BOC Staff Report Z23-21 Zoning Map Z23-21 Future Land Use Map Z23-21 Mail Out Map Initial Application Cover Sheet Z23-21 Application Packet Concept Plan Cover Sheet Z23-21 Concept Plan Traffic Impact Analysis Cover Sheet Z23-21 TIA Approval Letter Z23-21 TIA Executive Summary Z23-21 Public Comments Cover Sheet BOC Z23-21 Compiled Public Comments BOC COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: