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HomeMy WebLinkAboutZ23-24 Planning Board Staff ReportZ23-24 Staff Report PB 1.4.2024 Page 1 of 15 STAFF REPORT FOR Z23-24 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-24 Request: Rezoning to a Conditional R-7 district Applicant: Property Owner(s): Cindee Wolf, Design Solutions Sandra E McKeithan Location: Acreage: 1132 Seabreeze Rd 0.444 PID(s): Comp Plan Place Type: R08519-001-002-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Residential (2 lots) Current Zoning: Proposed Zoning: B-2, Regional Business (CZD) R-7, Residential District SURROUNDING AREA LAND USE ZONING North Detached Single-Family Residential, built in 1930 (predates zoning) B-2 East Intracoastal Waterway N/A South Bed and Breakfast B-2 West Boat and Boat Trailer Storage B-2 Z23-24 Staff Report PB 1.4.2024 Page 2 of 15 ZONING HISTORY April 7, 1971 Initially zoned B-2 (Area 4) COMMUNITY SERVICES Water/Sewer Neither water nor sewer services are available through CFPUA. The AQUA system does serve part of Seabreeze Road, but this property would only be serviceable via a mainline extension. The property could be served through private well and septic permitted through NHC Environmental Health. 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 Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources on-site. However, there are open tidal waters just outside the eastern property boundary which prescribe a 75’ Conservation Overlay District setback on the site. Historic While undeveloped, the parcel is located within the historic Seabreeze neighborhood. Established in the mid-1920’s, the area was a prime vacation resort for African Americans within southeastern North Carolina from the 1930’s through the 1950’s before a decline stemming from Hurricane Hazel in 1954, financial trouble, and the end of segregation in the 1960’s. Archaeological No known archaeological resources Z23-24 Staff Report PB 1.4.2024 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The applicant is proposing to subdivide and build two single-family homes on these two lots. • Under the proposed R-7 zoning district, lots must be a minimum of 7,000 sq ft in area and be a minimum of 50’ wide. • The applicant’s proposed conceptual plan includes two lots which meet the prescribed R-7 and COD setbacks. In t r a c o a s t a l Wa t e r w a y S S e a b r e e z e R d 75’ COD Setback Line Lot 2 Lot 1 Z23-24 Staff Report PB 1.4.2024 Page 4 of 15 ZONING CONSIDERATIONS • The B-2 district in this area was established in 1971. At the time, the purpose of the B-2 district was to encourage business development in the historic Seabreeze area. Since that time, private water and sewer services have become available to the surrounding area through AQUA. However, that service line does not extend to this property. • While the site is zoned B-2, the acreage of the site limits its availability to be easily developed for a B-2 use. • Additionally, residential properties are not required to install buffers where they abut commercial properties. • As currently zoned, the subject site would be allowed a small-scale commercial operation based on size of parcel and requisite development standards for commercial uses. A small B-2 parcel like this could be conducive to a restaurant, bar or event center. • The R-7 district was established to provide lands that accommodate moderate density residential development with a range of housing types (and income levels, including quality affordable housing), that are located walkable distances to jobs, shopping, and entertainment, and where appropriate, serve as a transition between more intensive and lower density areas. Residential development at the scale allowed in the district should support the efficient delivery of public services and increase residents’ accessibility to employment, public transportation and shopping. • The property was granted a variance in 2015, ZBA-902, for a proposed commercial development. The development did not materialize, and if the rezoning is approved, the variance would not be needed due to the setbacks required by the R-7 district. • There is a significant live oak and a specimen live oak on the property. As currently zoned, a tree removal permit would be required for removal of the significant tree and a variance would be required for removal of the specimen. If rezoned and subdivided into residential lots less than one acre, the trees could be removed without a tree removal permit. Staff recommends a condition requiring retention of trees on-site if the rezoning is approved. • UDO Section 5.4.3 prescribes transitional buffers where commercial uses abut residential uses. There is an existing commercial use of a bed and breakfast on the parcel to the south. When residential uses are established adjacent existing commercial establishments, these buffers are not required. • If approved, the project would be subject to 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. Z23-24 Staff Report PB 1.4.2024 Page 5 of 15 AREA DEVELOPMENTS Z23-24 Staff Report PB 1.4.2024 Page 6 of 15 TRANSPORTATION Z23-24 Staff Report PB 1.4.2024 Page 7 of 15 CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow an approximate maximum 3,700 sq ft commercial establishment. PROPOSED ACCESS Primary Access S Seabreeze Rd EXISTING ROADWAY CHARACTERISTICS Affected Roadway S Seabreeze Rd Type of Roadway Local Road Roadway Planning Capacity (AADT) 4,000* Latest Traffic Volume (AADT) 400 Latest WMPO Point-in-Time County (DT) N/A Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY 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 8 1 -2 PM Peak Hour Trips 22 2 -20 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 local road that currently has capacity. Seabreeze Road is currently accessed off of Carolina Beach Road, a principal arterial highway which is heavily traveled but with available capacity. Though there are no STIP projects in this area, this development wo uld result in an overall trip reduction from what could be developed with the existing zoning. This project would have very little traffic impact on the surrounding area. *Seabreeze Road does not have a listed planning capacity. The WMPO and NCDOT use a base 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. Z23-24 Staff Report PB 1.4.2024 Page 8 of 15 ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is wholly within the VE Coastal High Hazard Area, which would require elevation certificates and additional development standards as prescribed in the UDO. • Per UDO Section 3.1.3.D.2.b.2, no areas designated as AE or VE special flood hazard areas shall have a residential density that exceeds 2.5 units per acre. This proposal’s density is 4.2 units per acre. • The property is not noted within the watersheds layer in New Hanover County GIS. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) soils. 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 0 dwelling units would be permitted under the current B-2 zoning base density, and 2 units could potentially be developed under the proposed zoning for an increase of 2 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 0 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. Between the 2020-2021 school year and the 2023-2024 school year, total student population decreased by approximately 300 students, while over 11,000 new residential units were constructed. • The county uses the most current New Hanover County Schools Facilities Needs Study in its analysis and it currently shows the student population is anticipated to only grow by approximately 1,300 students over the next 10 years. However, a more recent New Hanover County School Facility Utilization Study presented to the School Board in September 2023 indicates only approximately 400 more students by the 2032-2033 school year, though numbers are anticipated to be higher during certain school years over the next ten years. This updated study has not been fully reviewed by Planning staff or presented to the Board of Commissioners. That is expected to occur in early 2024. Z23-24 Staff Report PB 1.4.2024 Page 9 of 15 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 0 residential units Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Proposed Zoning 2 residential units Approximate** Total: 0 (0 elementary, 0 middle, 0 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an average of 0.21 public school students (0.10 for elementary, 0.04 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 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** (2023-2024 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year. **Capacity calculations were determined based on the capacities for the 2023-2024 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. • The more recent New Hanover County Schools School Facility Utilization Study has been prepared and was presented to the School Board in September 2023, and it identifies updated capacity upgrade projects that will be presented to the Board of Commissioners at the planned work session in early 2024. 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 90% Anderson 603 569 106% None Middle 88% Murray 896 889 101% None High 100% Ashley 1910 1900 100.5% None Z23-24 Staff Report PB 1.4.2024 Page 10 of 15 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-7 rezoning will provide new 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 Reduce the number of new residential lots created in special flood hazard areas within the unincorporated county. This proposed rezoning would create two new residential lots in the special flood hazard area. Z23-24 Staff Report PB 1.4.2024 Page 11 of 15 Representative Developments Representative Developments of B-2 (Existing Zoning): Small-Scale Commercial Development Representative Residential Developments of Seabreeze: S Seabreeze Rd Z23-24 Staff Report PB 1.4.2024 Page 12 of 15 Context and Compatibility • The property is located within the southern portion of the County and accessed by S Seabreeze Road, which connects directly to Carolina Beach Road, a principal arterial highway. • The subject site is located within the Seabreeze community, which served as a beach resort community for African Americans from the 1930’s to the 1950’s. While the subject site is undeveloped, a few structures from this community remain within the general vicinity. • This area was the focus of the Seabreeze Small Area Plan, created in 1989. The recommendations for the area included a revitalization of the businesses and a redevelopment of the waterfront. However, this revitalization has not been accomplished since the adoption of the plan, and some of the historic structures have been converted into luxury homes. • There is a proposed commercial development at the entrance of Seabreeze. • The parcels surrounding the subject property and in the immediate vicinity are zoned B-2; the parcel directly to the south has been a Bed and Breakfast since 2004. • . Due to the size and shape of parcels in the area, location of nearby residential, and regulations for B-2 zoned properties, potential for commercial development of the parcels would be challenging. • Given the need for private wells and septic systems or the extension of private utilities, the area has not experienced the anticipated commercial growth intended by the initial B-2 zoning in the area. • The change of zoning from the B-2 parcel to an R-7 would result in the adjacent parcel to the south becoming a legal nonconformity due to the setbacks and buffering that are required for B-2 parcels that abut residential uses. • The existing land uses within the area include a mix of small and large single-family dwellings and boat storage. • While the land of the subject sites is located within the VE flood zone, development at the scale proposed by the R-7 zoning district exists within other portions of the County that share similar flood risks, namely the beach communities of Wrightsville Beach, Carolina Beach and Kure Beach. Z23-24 Staff Report PB 1.4.2024 Page 13 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. Z23-24 Staff Report PB 1.4.2024 Page 14 of 15 Analysis The B-2 zoning was originally applied to this part of Seabreeze in 1971 to encourage light commercial development in the area. The Community Mixed Use Place Type was applied to this area during the development of the 2016 Comprehensive Plan to support and encourage the mix of uses envisioned in the 1989 Seabreeze Small Area Plan. However, the size and shape of the parcels and lack of private water and sewer limited this development, and much of the intended commercial revitalization did not materialize. The majority of this portion of Seabreeze remains zoned for commercial use, which would be congruent with the Community Mixed Use Place Type. While this area is designated for moderate densities and mixed residential and commercial uses, the entire parcel is within the VE Coastal High Hazard Area. Generally, lower residential densities are recommended for flood prone areas in the Comprehensive Plan to reduce the number of homeowners with higher risks of flood damage. There are several locations in the county other than the Seabreeze area, for instance the western bank area across from downtown Wilmington, portions of Monkey Junction, and land near Cape Fear Community College North Campus, where higher densities and intensities are recommended for areas in flood zones, though. Staff has historically interpreted that place type classifications seeking higher intensity and mixed uses are intended to override density limits more generally placed in flood prone areas, as lower densities would not allow the place type recommendations but flood proofing and engineering solutions could mitigate risks that might be associated with higher densities. AQUA water and sewer services to this lot would only be available through a mainline extension; otherwise, this property can only be serviced through a well and septic system permitted through NHC Environmental Health. The two large live oak trees on the property further limit the developability of this parcel. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it provides housing in line with the purposes and intent of the Community Mixed Use Place Type. Z23-24 Staff Report PB 1.4.2024 Page 15 of 15 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. While the proposed density of 4.2 dwelling units per acre fits under the maximum recommended density of the Community Mixed Use Place Type, the existing conditions of the site, including the VE Coastal High Hazard Area flood designation, large live oak trees, lack of available water and sewer, and surrounding remaining B-2 zoned parcels make this parcel very limited in developability. As a result, Staff recommends disapproval of the proposal and suggests the following motion: I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides housing densities in line with the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the County’s goal to limit residential development in flood prone areas, and because of the challenges in developing the site at the proposed density given the site features desired to be protected. Alternative Motion for APPROVAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds approval appropriate.) 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 it provides housing densities in line with the Community Mixed Use Place Type, and I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing more housing options. Recommended Conditions (if the Board finds approval appropriate.) 1. Both live oak trees on the property will be preserved as part of this development. 2. No accessory dwelling units will be permitted on these lots. 3. There will be one driveway cut across both lots.