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Z23-23 Staff Report - Planning BoardZ23-23 Staff Report PB 1.4.2024 Page 1 of 18 STAFF REPORT FOR Z23-23 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-23 Request: Rezoning to a Conditional CB district Applicant: Property Owner(s): Cindee Wolf, Design Solutions R&S Forest, LLC ; SOCOL, LLC ; Richard and Susan Yang Location: Acreage: 7611 Carolina Beach Road, 7601 Carolina Beach Road, 7615 Carolina Beach Road, 803 S Seabreeze Rd, 817 S Seabreeze Rd, 831 S Seabreeze Rd 7.28 PID(s): Comp Plan Place Type: R08514-003-004-000; R08514-003-005-000; R08514-003-005-001; R08514-003-006-000; R08514-003-006-001; R08514-003-007-000; R08514-003-007-001; R08514-003-016-000; R08514-003-017-000 Community Mixed Use Existing Land Use: Proposed Land Use: Formerly Pelican’s Snowballs and Residential, Undeveloped, and vacant land. Mixed Commercial Development with Limited Uses Current Zoning: Proposed Zoning: R-15, Residential (CZD) CB, Conditional Community Business Z23-23 Staff Report PB 1.4.2024 Page 2 of 18 SURROUNDING AREA LAND USE ZONING North Residential R-15 East Residential, AQUA Wellhead Protected Area R-15 South Residential R-15 & CZD R-5 West Residential (Snow’s Cut Landing and Capeside Village Subdivisions) R-15 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer CFPUA public water and sewer is not available in the area. Private utility provider Aqua has issued a letter of intent to provide water and sewer service to the proposed development. While typically private wells and septic systems are an alternative in the absence of water and sewer, a condition requiring connection to a utility provider has been recommended by staff. 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 Z23-23 Staff Report PB 1.4.2024 Page 3 of 18 CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation There is some pocosin on the site as noted in the New Hanover County Conservation Resource map. However, it is below the 5-acre area minimum to trigger the controls per UDO Section 5.7.2. Historic While undeveloped, the parcels are located within the historical 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 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups Potential Restaurant with Drive-Thru Anticipated Retail and Medical Offices Anticipated Fast Casual Restaurant Convenience Store with Fuel Stations Stormwater Pond Z23-23 Staff Report PB 1.4.2024 Page 4 of 18 • The applicant is proposing to construct mixed-use commercial center buildings which are each intended to contain different uses. The concept plan outlines several of the proposed buildings, which include: o A convenience store with fuel stations (maximum 6,100 sq ft), along with a fast food restaurant with drive-thru (maximum 5,000 sq ft) on the part of the site closest to Carolina Beach Road. o On the eastern portion of the site, a possible small fast service restaurant such as Subway or Jimmy John’s and medical offices and personal services, such as tax or finance offices. o The maximum square footage of the office and medical spaces and small office building/personal services is 5,000 sq ft each. o The proposal includes a maximum of a 7,200 sq ft strip retail plaza. • The development’s proposed maximum square footage is 28,300 sq ft. The proposal includes stormwater management and a public access easement along Carolina Beach Road and pedestrian access along portions of N and S Seabreeze Road. • The applicant’s proposed conceptual plan includes a 20’ public pedestrian access easement along Carolina Beach Road, which is also noted as a condition of the proposal. • The applicant has proposed a condition prohibiting the following uses in the Conditional CB District, including electronic gaming, outdoor recreation, commercial parking lot, car wash, vehicle rentals, minor vehicle service station, artisan manufacturing, and commercial recycling facility. • Though the buildings are labeled on the concept plan, those are the anticipated uses for those structures and what served as the basis for the TIA. However, the applicant is requesting for all uses allowed in CB except for those specifically prohibited in the proposed condition. Z23-23 Staff Report PB 1.4.2024 Page 5 of 18 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 well would be developed at low densities. Since that time, private water and sewer services have become available to the surrounding area through private utility provider AQUA. • While the site is zoned R-15, it is on Carolina Beach Road, a heavily traveled corridor which has seen recent commercial growth. • As currently zoned, the subject site would be allowed 18 single-family dwelling units under a performance residential development. • The Community Business (CB) district was established to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5 foot candles and 25 feet in height. The UDO specifies that all exterior luminaries for nonresidential adjacent to single-family residential subdivisions shall be full cut-off features that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. • Per UDO Section 4.3.4.I.2, fuel sales commercial operations shall not be used for the sale of vehicles. • The CB district requires a 25-foot rear setback where it abuts residentially zoned properties. • Commercial properties require an opaque buffer where they abut residential properties. • While zoned R-15, the site did have a Pelican’s Snowballs commercial operation along with a mini golf course for several years. • 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. Z23-23 Staff Report PB 1.4.2024 Page 6 of 18 AREA DEVELOPMENTS Z23-23 Staff Report PB 1.4.2024 Page 7 of 18 TRANSPORTATION Z23-23 Staff Report PB 1.4.2024 Page 8 of 18 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 S Seabreeze Road via turn off Carolina Beach Road Secondary Access N Seabreeze Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road S Seabreeze Rd N Seabreeze Rd Type of Roadway NCDOT Principle Arterial Local Road Local Road Roadway Planning Capacity (AADT) 41,369 4,000* 4,000* Latest Traffic Volume (AADT) 32,500 400 N/A Latest WMPO Point-in-Time County (DT) 33,254 N/A N/A Current Level of Congestion Available Capacity Available Capacity Available Capacity 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 13 389 +376 PM Peak Hour Trips 17 284 +267 *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. Z23-23 Staff Report PB 1.4.2024 Page 9 of 18 TRAFFIC IMPACT ANALYSIS (TIA) New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. A team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off-site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date August 3, 2023 Development Proposal Analyzed Commercial Center: - 6,100 sq ft of convenience store with 12 vehicle fuel pumps - 5,000 sq ft fast food restaurant with drive-thru - 7,200 sq ft of retail space - 5,000 sq ft of small office and - 5,000 sq ft of medical office. Study Intersections - US 421 (Carolina Beach Road) and South Seabreeze Road (signalized) - US 421 (Carolina Beach Road) and North Seabreeze Road (unsignalized) - US 421 (Carolina Beach Road) and Site Access 1 (S Seabreeze Rd) (unsignalized) - US 421 (Carolina Beach Road) and Site Access 2 (N Seabreeze Rd) (unsignalized) Trip Generation - 389 AM peak hour trips - 284 PM peak hour trips - 7,323 average daily trips Traffic Data Collection March 29, 2023 (US 421 at N and S Seabreeze Rd) Z23-23 Staff Report PB 1.4.2024 Page 10 of 18 Trip Distribution and Assignment - 80% entering and 50% existing from Site Access 1 on S Seabreeze Rd - 20% entering and 50% exiting from Site Access 2 on N Seabreeze Rd - 10% to/from the west on River Road - 50% to/from the north on Carolina Beach Road - 40% to/from the south on Carolina Beach Road Approved Developments & Background Growth - 1% Background growth rate Required Improvements Phase 1 – Build year of 2024 for 5,000 sq ft of fast-food restaurant with drive-thru and 6,100 sq ft of convenience store with 15 fueling positions. Full Build – Build year of 2025 for all of the above plus 5,000 sq ft of small office building, 7,200 sq foot of strip retail plaza, and 5,000 sq ft of medical-dental office building. At US 421 (Carolina Beach Road) and SR 1531 (Seabreeze Road) Phase 1 - Construct an exclusive westbound left turn lane on S Seabreeze Rd with 100 feet of full width storage which continues as a two-white-line turn lane. - Provide a permitted + overlap phasing for eastbound right turn lane. - Optimize the signal timings. Full Build - No additional improvements are required. At US 421 and SR 1528 (N Seabreeze Rd) Phase 1 - No improvements are required. Full Build - No improvements are required. Z23-23 Staff Report PB 1.4.2024 Page 11 of 18 At S Seabreeze Rd and Site Access 1 Phase 1 - Construct an exclusive eastbound left turn lane on South Seabreeze Road with 50 feet of full width storage which continues as a two-white-line turn lane. - Construct site access (southbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane. - Provide stop controls for the southbound approach. Full Build - No additional improvements are required. At N Seabreeze Rd Phase 1 - Construct site access (northbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane - Provide stop controls for northbound approach. Full Build - No additional improvements are required. SUMMARY The proposed project is located along a principal arterial highway with available capacity in the southern portion of the highway corridor. Access to the property is near a signalized intersection onto Carolina Beach Road, with a secondary access on N Seabreeze Road. The local roads (N and S Seabreeze Roads) do not connect to other parts of the surrounding network and therefore have low daily estimated vehicle counts. The applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including improvements in site access with protected stems and new turn lanes, as well as optimization with the signal at the intersection of Carolina Beach Road and S Seabreeze Road. Z23-23 Staff Report PB 1.4.2024 Page 12 of 18 ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The majority 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) and Class III (Severe Limitation) soils. • Aqua has provided a letter of intent to serve the proposed development, which will require an agreement between Aqua and the developer. OTHER CONSIDERATIONS 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 proposed (CZD) CB rezoning will allow businesses that can support the surrounding community and are located in an area along a major roadway corridor, 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 several new businesses. Z23-23 Staff Report PB 1.4.2024 Page 13 of 18 Representative Developments Representative Developments of R-15 (Existing Zoning): Cottage Grove Pages Corner Z23-23 Staff Report PB 1.4.2024 Page 14 of 18 Representative Developments of Mixed Commercial Development: Retail Plaza with Nearby Fast Food Restaurant Retail and Office Plaza, including Medical Z23-23 Staff Report PB 1.4.2024 Page 15 of 18 Context and Compatibility • This property is located at 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 1930’s through the 1950’s. While the subject site is largely 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. • While much of the surrounding area is low-density residential, there are planned higher- density townhomes to the south. The property’s proximity to the Snow’s Cut bridge along a heavily traveled corridor serves as a location conducive to this type of commercial development. • The application proposes a condition to limit some of the uses that would be permitted in a CB district. The intent of limiting the uses is to help make the development more compatible with the area and to be more convenient to the surrounding community. • The existing land uses in the area include a mix of small and large single-family dwellings, along with boat storage closer to the Intracoastal Waterway. • The proposed commercial development provides community-serving businesses in a largely residential area adjacent to a highly traveled corridor. • Due to the area’s location adjacent to Carolina Beach Road, it is less likely to be developed for low density housing. Z23-23 Staff Report PB 1.4.2024 Page 16 of 18 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. Z23-23 Staff Report PB 1.4.2024 Page 17 of 18 Analysis The proposed development is located at the intersection of Carolina Beach Road and Seabreeze Road, in the historic Seabreeze community. While the Seabreeze area has remained largely residential over the past several decades, there has been increased interest in commercial development along the Carolina Beach Road corridor. The Comprehensive Plan designates this property and the majority of the Carolina Beach Road corridor as Community Mixed Use, a land use classification that promotes a mix of retail and office development. This classification is generally applied to areas intended as community-level service nodes and/or transitions between lower density housing and higher intensity development. The Comprehensive Plan recommends a mix of commercial services along the Carolina Beach Road corridor and in the Seabreeze area to serve adjacent residents and to help revitalize the historic Seabreeze area. Additionally, having a small commercial service area closer to residences would reduce the need to travel south to Pleasure Island or north to Monkey Junction for those services. This commercial development which is intended to service both the Seabreeze Community and the surrounding area is compatible with both the Community Mixed Use place type and the intent of the Community Business zoning district. Consistency Recommendation The proposed (CZD) CB District is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use place type, and the development would act as a community service business node to serve both the Seabreeze Community and the surrounding area. Z23-23 Staff Report PB 1.4.2024 Page 18 of 18 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 just north of the Snow’s Cut bridge and in the historic Seabreeze Community. Though the surrounding area is largely residential, the site is located adjacent to the heavily traveled Carolina Beach Road corridor and can serve the surrounding area with commercial uses that reduce travel times along that corridor and act as an appropriate transition from the corridor to the low-density residential area in Seabreeze. As a result, Staff recommends approval of the proposal and suggests the following motion: 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 the proposed uses are in line with the recommendations of the Community Mixed Use Place Type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the development would act as a community service business node to serve both the Seabreeze Community and the surrounding area. Proposed Conditions: 1. Uses specifically excluded are electronic gaming, outdoor recreation, commercial parking lot, car wash, vehicle rentals, minor vehicle service station, artisan manufacturing, and commercial recycling facility. 2. 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. 3. Connection to a public or private water and sewer utility provider is required. Private wells and septic systems are not permitted. 4. If a convenience store with fuel stations is developed on this site, it must be developed adjacent to Carolina Beach Road. Other uses in the Conditional District not specifically excluded in Condition #1, may be permitted adjacent to Carolina Beach Road or to the rear of the project. 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 recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the intensity of the uses is too high for a generally low-density housing area.