HomeMy WebLinkAboutZ23-19 BOC Staff Report - FinalZ23-19 Staff Report BOC 12.11.2023 Page 1 of 16
STAFF REPORT FOR Z23-19
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-19
Request:
Rezoning to a Conditional R-10 district
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions Cape Fear Habitat for Humanity, Inc.
Location: Acreage:
1728 Rockhill Road 7.65
PID(s): Comp Plan Place Type:
R08518-001-014-002, R08518-001-014-001,
R08518-001-014-003, R08518-001-001-000 General Residential
Existing Land Use: Proposed Land Use:
10 lot conventional subdivision and vacant,
wooded land.
Maximum 24 dwelling units. 14 new attached
single family dwelling units in addition to 10
existing single family residential lots.
Current Zoning: Proposed Zoning:
(CZD) R-10, Residential and R-20, Residential (CZD) R-10, Residential
SURROUNDING AREA
LAND USE ZONING
North Single Family Residential R-20
East Single Family Residential R-20
South Single Family Residential R-20 and CZD R-10
(Legacy Landing Phase 1)
West
Single Family Residential R-20 and CZD R-10
(Legacy Landing Phase 1)
Z23-19 Staff Report BOC 12.11.2023 Page 2 of 16
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
March 3, 2021 Legacy Landing Phase 1 rezoned to (CZD) R-10 for 10 residential lots.
January 10,
2022 Legacy Landing Phase 1 modification to add a stormwater pond.
COMMUNITY SERVICES
Water/Sewer Public water and sewer services are available from CFPUA through an
extension of existing utilities in Legacy Landing Phase 1.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro Station
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools
Recreation Cape Fear Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources.
Historic No known historic resources.
Archaeological No known archaeological resources
Z23-19 Staff Report BOC 12.11.2023 Page 3 of 16
LEGACY LANDING PHASE 1 - APPROVED
• Legacy Landing Phase 1 is a 10-lot conventional subdivision on a cul-de-sac with two
stormwater lots on the western side of the development.
• The concept plan includes a road stub to the north for future development.
• The density of Legacy Landing Phase 1 is 2.24 dwelling units per acre.
• Legacy Landing Phase 1 was originally approved in March 2021 with a subsequent
rezoning modification approved by the Board of Commissioners in January 2022 to
accommodate stormwater requirements.
• The Legacy Landing Phase 1 final plat was recorded in May 2023 and single-family
detached home construction is currently underway.
Single Family
Lots Road Stub to
Adjacent Parcel
Z23-19 Staff Report BOC 12.11.2023 Page 4 of 16
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
• The proposed Legacy Landing Phase 2 includes the original 10-lot Phase 1 and adds 2.7
acres to the north to accommodate 14 additional dwelling units in the form of 7 pairs of
attached dwellings.
• Dwelling units are paired and will share a common wall; however, each dwelling unit will
be on an individual lot.
• The concept plan proposes an extension of Dorsey Lane north to Rockhill Road creating an
interconnected loop between Reminisce Road and Rockhill Road.
Approved
Legacy Landing
Phase 1
Proposed
Stormwater
Proposed
Legacy Landing
Phase 2
Attached
Single Family
Detached Single
Family
Z23-19 Staff Report BOC 12.11.2023 Page 5 of 16
• In addition, a stormwater management system and open space is proposed between the
housing types, along with additional open space along Rockhill Road.
• Phase 1 combined with the proposed Phase 2 results in a maximum of 24 dwelling units.
• The proposed rezoning is intended to integrate both phases into one uniform conditional
zoning classification with an overall density of 3.1 dwelling units per acre, a slight increase
over the density of Phase 1.
ZONING CONSIDERATIONS
• The R-20 district in this area was established in 1974. At the time, the purpose of the R-20
district was to ensure housing served by private septic and wells would be developed at
low densities. Since that time, public water and sewer services have become available to
the surrounding area.
• While R-20 is the predominant zoning district in the area the Walnut Hills Subdivision to the
west was zoned R-10 and the North Oakley Circle Subdivision to the east was zoned R-15
as part of Area 10A in 1974.
• Since that time the surrounding area has seen gradual shifts toward slightly higher density
residential development such as the Bountiful Village Subdivision to the south zoned CZD R-
10 in 2018, the Habitat for Humanity project on Castle Hayne Road zoned R-10 in 2020,
and the adjacent Legacy Landing Phase 1 zoned CZD R-10 in 2021.
• As currently zoned, the site would be permitted up to 15 dwelling units consisting of 10
dwelling units in the existing phase of Legacy Landing plus 5 dwelling units in the R-20
portion of the project.
• The R-10 district was established to provide lands that accommodate new residential
neighborhoods and encourage the conservation of existing residential lots and
neighborhoods. Neighborhoods in the R-10 district are relatively low density in character
and include a limited mix of single family and duplex housing types.
• The proposed 24 units equate to an overall density of 3.1 du/ac, slightly less than the 3.3
units per acre maximum density allowed in the R-10 district.
• If approved the project would be developed under the Performance Residential
development standards 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.
• The project also proposes 32% open space, 12% more than the minimum required under
the Performance Residential development standards of the UDO which requires 20% open
space.
• 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.
Z23-19 Staff Report BOC 12.11.2023 Page 6 of 16
AREA DEVELOPMENTS
Z23-19 Staff Report BOC 12.11.2023 Page 7 of 16
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow a maximum
of 15 dwelling units.
PROPOSED ACCESS
Primary Access Rockhill Road
Secondary Access Reminisce Road at the intersection of Reminisce and Dorsey Lane
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Rockhill Road Reminisce Road
Type of Roadway Secondary Road Secondary Road
Proposed
Rockhill
Road
Access
Z23-19 Staff Report BOC 12.11.2023 Page 8 of 16
Roadway Planning
Capacity (AADT) 4,000* 4,000*
Latest Traffic Volume
(AADT) N/A N/A
Latest WMPO Point-in-Time
Count (DT) N/A N/A
Current Level of Congestion Available Capacity Available Capacity
Sources
Source of Planning Capacity: WMPO
Source of Latest Traffic Volume: N/A
Source of WMPO Point-in-Time County: N/A
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5863 – Castle Hayne
Road Improvements
(post-2029 Completion)
- Widen castle Hayne Road into multi-lanes from I-140 to
Division Drive. Right-of-Way acquisition and utilities is
currently scheduled to take place in FY 2025, with
construction beginning after 2029.
TRAFFIC GENERATION
Traffic Generated
by Present
Designation
Traffic Generated by
Proposed
Designation
Potential Impact of
Proposed
Designation
AM Peak Hour Trips 11 14 +3
PM Peak Hour Trips 14 17 +3
Assumptions
Typical Development with Existing Zoning – 15 single family detached
dwellings.
Proposed Development – 10 detached single-family dwellings and 14
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 NCDOT and WMPO do not have traffic data related to Rockhill Road or Reminisce Road. The
lack of available 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
* Rockhill Road and Reminisce 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.
Z23-19 Staff Report BOC 12.11.2023 Page 9 of 16
is minimal. In addition, the project will be subject to NCDOT engineering review through the driveway
permitting process.
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or Special Flood Hazard Area.
• 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 the Ness Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (Moderate Limitation) soils. CFPUA public water and sewer are
available through utility extensions from Legacy Landing Phase 1.
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Wrightsboro Elementary
School, Holly Shelter Middle School and New Hanover High School. Students may apply to
attend public magnet, year-round elementary, or specialty high schools.
• A maximum of 15 dwelling units would be permitted under the current R-20 and (CZD) R-
10 zoning base density, and 24 units could potentially be developed under the proposed
zoning for an increase of 9 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 2 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.
Z23-19 Staff Report BOC 12.11.2023 Page 10 of 16
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development 10 single-family
dwellings
Approximate** Total: 2
(1 elementary, 0 middle, 1 high)
Typical Development
Under Current Zoning 15 residential units Approximate** Total: 3
(2 elementary, 1 middle, 1 high)
Proposed Zoning 24 residential units Approximate** Total: 5
(2 elementary, 1 middle, 2 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
Assignment
School
Capacity of
Assigned
School
w/Portables
Capacity of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 88% Wrightsboro 484 595 81% None
Middle 88% Holly Shelter 818 991 83% None
High 100% New
Hanover 1531 1678 91.2% None
Z23-19 Staff Report BOC 12.11.2023 Page 11 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-10 rezoning would
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.
The 2022 Housing Needs Assessment, also known as
the Bowen Report, concluded there is an estimated
overall housing gap of 12,147 rental units and a gap
of 16,875 for-sale units within the county over the
next 10 years. The proposed project is being
developed by Habitat for Humanity which typically
provides housing opportunities within the range of
30-80 % AMI. The Housing Needs Assessment
estimates an overall housing gap of 5,923 rental
units and 5,670 for sale units within the range of 30-
80% AMI.
Natural areas and critical environmental
features are enhanced and protected.
No critical environmental features have been
identified on the property and the project proposes
32% open space, 12% more than the minimum
required for performance residential developments.
Z23-19 Staff Report BOC 12.11.2023 Page 12 of 16
Representative Developments
Representative Developments of Single Family Residential:
Legacy Landing Phase 1 Subdivision
Apple Valley Subdivision
Z23-19 Staff Report BOC 12.11.2023 Page 13 of 16
Representative Development of Attached Single Family Dwellings
Hunting Ridge Subdivision – Wilmington
Winterwood Subdivision – Wilmington
Z23-19 Staff Report BOC 12.11.2023 Page 14 of 16
Representative Elevation of Proposed Attached Single Family Dwellings
Context and Compatibility
• The property is centrally located along Rockhill Road approximately midway between
Castle Hayne Road and higher density residential west of the I-140 corridor. The site is also
north of the Wrightsboro community and south of the GE employment center.
• Existing comparably zoned neighborhoods have been in existence since the adoption of
initial zoning for the area which includes a mix of small and large single-family dwellings.
• With the extension and availability of public water and sewer, developments within the
recommendations of the General Residential place type have been approved in the area.
These developments, while considered lower density, are slightly higher than existing
surrounding development.
• Additional future residential growth within the General Residential place type
recommendations is anticipated in this area.
• The proposed attached housing type increases housing type diversity in the area and acts
as a transition between Rockhill Road to the north and lower density housing to the south.
• The proposed density of 3.1 du / ac is below the maximum allowed for the R-10 zoning
district and less than the maximum recommended for the General Residential place type.
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.
Z23-19 Staff Report BOC 12.11.2023 Page 15 of 16
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout. Types of uses
include single-family residential, low-density multi-family residential, light
commercial, civic, and recreational.
Analysis
The property is centrally located along Rockhill Road approximately
midway between Castle Hayne Road and higher density residential west of
the I-140 corridor. The site is also north of the Wrightsboro community and
south of the GE employment center.
The proposed density of 3.1 du/ac is within the density range of 0-8 du/ac
recommended for the General Residential place type.
The proposed housing type is also within those recommended for the place
type.
With the extension and availability of public water and sewer,
developments within the recommendations of the General Residential place
type have been approved in the area. These developments, while
considered lower density, are slightly higher than existing surrounding
development.
Additional future residential growth within the General Residential place
type recommendations is anticipated in this area.
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 General Residential place type and
the proposed development would act as an appropriate transition between
the road and existing residential development.
Z23-19 Staff Report BOC 12.11.2023 Page 16 of 16
PLANNING BOARD MEETING
The Planning Board considered this application at the November 2, 2023 meeting. No one from the
public spoke in support or opposition to the request. The Planning Board voted (6-0) to recommend
approval of the petition with no additional conditions.
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 General Residential place type.
The Planning Board also found recommending APPROVAL of the rezoning request was reasonable
and in the public interest because the project provides additional housing diversity in the area.
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. The Wrightsboro area has been designated as General
Residential within the Comprehensive Plan. The plan recommends single-family and duplex
residential development at a density of no more than 8 dwelling units per acre.
The scale and density of the proposed development is within the recommendations for the place
type and the proposed housing type provides transitions from the road to existing residential uses.
As a result, Staff concurs with the Planning Board recommendation 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 General Residential place type. I
also find APPROVAL of the rezoning request is reasonable and in the public interest
because the project provides additional housing diversity to the area.
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 General Residential place
type. I find DENIAL of the rezoning request is reasonable and in the public interest
because the project’s housing type does not match existing neighborhood development
patterns in the area.