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Z24-01 BOC Staff Report - FinalZ24-01 Staff Report BOC 3.18.2024 Page 1 of 18 STAFF REPORT FOR Z24-01 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-01 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) Z24-01 Staff Report BOC 3.18.2024 Page 2 of 18 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 Z24-01 Staff Report BOC 3.18.2024 Page 3 of 18 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 Z24-01 Staff Report BOC 3.18.2024 Page 4 of 18 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The proposed Legacy Landing Phase 2 is the same concept plan reviewed by the Board of Commissioners at their December 11 regular meeting. • The concept plan 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 single-family Dual Unit Attached dwellings. Approved Legacy Landing Phase 1 Proposed Stormwater Proposed Legacy Landing Phase 2 Attached Single Family Detached Single Family Z24-01 Staff Report BOC 3.18.2024 Page 5 of 18 • Dual Unit Attached dwellings are defined as a dwelling containing two dwelling units sharing a common wall that is part of a performance residential, mixed use, or master planned development.” • 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. • 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. • At the December 11, 2023, Board of Commissioners meeting the board approved the rezoning request with a condition to provide a solid wood privacy fence along the western boundary of the development adjacent to 1716 Rockhill Road. • Following the Board of Commissioners meeting the applicant indicated their understanding of the fence condition was different from the intention of the Board of Commissioners. As a result, the applicant did not sign the required Agreement to Conditions and the rezoning approval was voided. • Denied rezoning requests are required to wait one year before a similar request can be made for the same property. A voided rezoning approval is not subject to the same one year waiting period. • Based on the Board of Commissioners prior approval of the rezoning request with a condition of a fence extending along the shared property line of 1716 Rockhill Road, staff is proposing the condition be applied to the current rezoning request. 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. Z24-01 Staff Report BOC 3.18.2024 Page 6 of 18 • 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. • Due to the Dual Unit Attached housing type proposed in the northern portion of the development, a Type A opaque buffer meeting the requirements of Section 5.4.3 will be required adjacent to neighboring single-family residential development. • 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. Z24-01 Staff Report BOC 3.18.2024 Page 7 of 18 AREA DEVELOPMENTS Z24-01 Staff Report BOC 3.18.2024 Page 8 of 18 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 Z24-01 Staff Report BOC 3.18.2024 Page 9 of 18 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). * 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. Z24-01 Staff Report BOC 3.18.2024 Page 10 of 18 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 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 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. Z24-01 Staff Report BOC 3.18.2024 Page 11 of 18 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. Those upgrade projects have not been finalized by the New Hanover County School Board. 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 Z24-01 Staff Report BOC 3.18.2024 Page 12 of 18 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. Z24-01 Staff Report BOC 3.18.2024 Page 13 of 18 Representative Developments Representative Developments of Single Family Residential: Legacy Landing Phase 1 Subdivision Apple Valley Subdivision Z24-01 Staff Report BOC 3.18.2024 Page 14 of 18 Representative Development of Attached Single Family Dwellings Hunting Ridge Subdivision – Wilmington Winterwood Subdivision – Wilmington Z24-01 Staff Report BOC 3.18.2024 Page 15 of 18 Representative Elevation of Proposed Dual Unit Attached Single Family Dwellings While the applicant has used the term “duplex,” the proposed units will be considered “Dual Unit Attached Dwellings” as defined in Section 2.3 of the UDO. 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. Z24-01 Staff Report BOC 3.18.2024 Page 16 of 18 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. Z24-01 Staff Report BOC 3.18.2024 Page 17 of 18 PLANNING BOARD MEETING The Planning Board considered this application at the February 1, 2024 meeting. No one from the public spoke in support or opposition to the request. The Planning Board voted (7-0) to recommend approval of the petition with the two staff recommended conditions related to density and housing type. The Planning Board discussed the proposed fence condition but determined the board would recommend approval consistent with their previous recommendation in November 2023. 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. This portion of 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. Staff has also recommended an additional condition requiring a fenced buffer to meet the intent of the Board of Commissioners December 2023 board decision. As a result, Staff concurs with the Planning Board recommendation with the exception of including the Board of Commissioners original approved condition for a fence buffer and recommends the following motion: I move to APPROVE of 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. Staff proposed condition approved by the Board of Commissioners December 11, 2023: 1. A six (6) foot tall solid wood privacy fence shall be installed along the eastern boundary of 1716 Rockhill Road also identified as New Hanover County Tax Parcel ID R02500-003-102-000. Additional new conditions proposed by staff: 2. The permitted density range is 0 dwelling units per acre to a maximum of 3.1 dwelling units per acre. Planning staff is authorized to administratively approve reductions in density within the permitted range. Z24-01 Staff Report BOC 3.18.2024 Page 18 of 18 3. The housing types in the development shall be limited to detached single-family dwellings and dual unit attached dwellings as defined in Section 2.3 of the Unified Development Ordinance. 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.