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HomeMy WebLinkAboutZ24-08 Planning Board Staff ReportZ24-08 Staff Report PB 6.6.2024 Page 1 of 17 STAFF REPORT FOR Z24-08 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-08 Request: Rezoning to a Conditional RMF-M district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Giovanni Ippolito & Tanya Vlacancich Location: Acreage: 6634 Carolina Beach Road 4.65 PID(s): Comp Plan Place Type: R08200-001-036-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped 64 Multi-Family Dwelling Units Current Zoning: Proposed Zoning: R-15, Residential (CZD) RMF-M SURROUNDING AREA LAND USE ZONING North Religious Institution R-15 East Single-Family Residential R-15 South Single-Family Residential R-15 West Religious Institution and Single-Family Residential R-15 Z24-08 Staff Report PB 6.6.2024 Page 2 of 17 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) May 1, 2023 - Denial Z23-06 request to rezone from R-15 to (CZD) RMF-M for a 64-unit multi- family development COMMUNITY SERVICES Water/Sewer Water and sanitary sewer services are available through CFPUA by extension of public utility mains Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station 19 Schools Ashley High School, Murray Middle School, Anderson Elementary School Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Developer delineated wetlands on the property. Historic No known historic resources Archaeological No known archaeological resources Z24-08 Staff Report PB 6.6.2024 Page 3 of 17 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The proposed Palm Grove project is the same application and concept plan that was not approved by the Board of Commissioners at their May 1, 2023 regular meeting. No changes have been made to the proposed application or concept plan under consideration. • The applicant is proposing to construct four three-story, 12-unit multi-family structures and two two-story, eight-unit multi-family structures totaling a maximum of 64 units. The concept plan includes an amenity center, recreation area, and open space. • The applicant’s proposed conceptual plan shows the multi-family structures and amenity center in a circular formation towards the center of the parcel. The parking area circles the Proposed Right Turn Lane Amenity Center Stormwater 12 Unit, 3 Story 12 Unit, 3 Story Proposed Fence Z24-08 Staff Report PB 6.6.2024 Page 4 of 17 buildings providing an additional spatial buffer between the multi-family units and neighboring residential uses. • A sidewalk is proposed along the interior of the parking area providing an additional pedestrian recreational amenity. • The development also proposes a continuous right turn lane off Carolina Beach Road through to the existing turn lane onto Glenarthur Drive. The proposed turn lane must be reviewed and permitted by NC Department of Transportation (NCDOT) before construction. • In addition to required lighting standards listed in Section 5.5 of the UDO, the applicant has proposed to limit light posts to a height of 12 feet. • An additional condition related to tree protection and visual screening has been provided requiring tree protection fencing be installed prior to the onset of land clearing and grading along a minimum 15-foot offset from the edge of the outer drive. No disturbance of existing vegetation or grading will be permitted. Prior to the Certificate of Occupancy, a minimum 8-foot-tall solid wood screening fence shall be installed along a 3-foot offset from the driveway pavement. • The applicant’s proposed conceptual plan indicates 1.37 acres, approximately 30% of the site, will be preserved as open space, exceeding the UDO requirement of 20% open space. • The applicant has also proposed a condition to reserve 10 percent, or six (6) total units for workforce housing. The condition has been included guaranteeing the future monitoring and enforcement of the condition. 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 wells would be developed at low densities. Since that time, public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor remains primarily zoned for low density housing. • While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential and commercial development such as the Myrtle Landing townhomes to the north and the Coral Ridge Subdivision to the south of the subject site. • As currently zoned, the site would be permitted up to 12 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 64 units equate to an overall density of 13.7 du/ac. • The RMF-M district was established to provide lands that accommodate moderate density single and multi-family development. The intent of the district is to function as a transitional district between intensive nonresidential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. • The Unified Development Ordinance (UDO) does not prescribe a specific height per story; however, the maximum height of the proposed development is limited to a maximum building height of 3 stories and 40 feet for the 12-unit structures. An additional condition limits the two westernmost multi-family structures to 2 stories. Z24-08 Staff Report PB 6.6.2024 Page 5 of 17 • The proposed development uses the parking lot as an additional perimeter buffer between the proposed multi-family structures and the existing residential uses. • The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5- foot candles and 1.0-foot candles at the northern property line adjacent to the religious institution. • A Type-A opaque buffer meeting the standards of Table 5.4.3.B.2 is required along the property lines adjoining neighboring single-family development. • To meet the proposed density the development must connect to public water and sewer at the nearest connection to the south at Glenarthur Drive. • If approved, the project would be subject to Technical Review Committee (TRC) 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. Z24-08 Staff Report PB 6.6.2024 Page 6 of 17 AREA DEVELOPMENTS Z24-08 Staff Report PB 6.6.2024 Page 7 of 17 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 12 single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Z24-08 Staff Report PB 6.6.2024 Page 8 of 17 Type of Roadway NCDOT major arterial Roadway Planning Capacity (AADT) 41,368 Latest Traffic Volume (AADT) 32,982 Latest WMPO Point-in-Time Count (DT) 37,645 Current Level of Congestion Nearing Capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: NCDOT (2023) Source of WMPO Point-in-Time County: WMPO (2023) 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 11 43 +32 PM Peak Hour Trips 14 48 +34 Assumptions Typical Development with Existing Conditions – 12 single family detached dwellings Proposed Development – 64-unit multi-family development 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 proposed project is located along a major arterial highway that is currently nearing capacity. The proposed access is located north of the entrance to the Lord’s Creek community and between two nearby U-turn movements on Carolina Beach Road. Currently there are no State Transportation Improvement Projects (STIP) identified in the immediate area to address current conditions. Several other projects are currently under review or development in the vicinity, and while their traffic impact analyses did not take this proposal into account, all were developed to account for general traffic growth in the area. The proposed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. Z24-08 Staff Report PB 6.6.2024 Page 9 of 17 ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lords Creek and Drains to ICW6 watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable), Class II (Moderate Limitation), and Class III (Severe Limitation) soils; however, the project is expected to be served by CFPUA if developed. • The proposed concept plan has identified wetlands on the southwestern portion of the site. The identified wetlands are outside the development area of the project and the applicant has provided a 25-foot setback from the wetlands. 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 12 dwelling units would be permitted under the current R-15 zoning base density, and 64 units could potentially be developed under the proposed zoning for an increase of 52 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 11 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. Z24-08 Staff Report PB 6.6.2024 Page 10 of 17 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 12 residential units Approximate** Total: 3 (1 elementary, 1 middle, 1 high) Proposed Zoning 64 residential units Approximate** Total: 13 (6 elementary, 3 middle, 4 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 Projected Enrollment of Assignment 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 93% Ashley 1910 1900 100.5% None Z24-08 Staff Report PB 6.6.2024 Page 11 of 17 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 RMF-M rezoning would provide new multi- family dwelling units 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 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. While wetlands have been identified on site the project does not propose any construction in the wetland areas. In addition, the project proposes 30.1% open space, 10.1% more than the minimum required for performance residential developments. Z24-08 Staff Report PB 6.6.2024 Page 12 of 17 Representative Developments Representative Developments of R-15: Woods Edge in Monkey Junction Hidden Valley in Monkey Junction Z24-08 Staff Report PB 6.6.2024 Page 13 of 17 Representative Developments of Multi-Family Apartments: Amberleigh Shores in Ogden Stephens Pointe in Porters Neck Z24-08 Staff Report PB 6.6.2024 Page 14 of 17 Context and Compatibility • The Board of Commissioners considered this request at their May 1, 2023 regular meeting. No changes have been made to the application. At the meeting a motion and second was made to approve the request that did not receive a majority vote (2-3), rendering the application denied by the Board of Commissioners. • The property is located adjacent to Carolina Beach Road with right-in / right-out access to the highway. • The property is located south of Veterans Park and the elementary, middle, and high schools however there is no pedestrian infrastructure in place and all traffic must travel south approximately 1,800 feet to a U-turn movement on Carolina Beach Road to travel north. • The subject property is one of several undeveloped tracts along Carolina Beach Road and acts as a buffer between the highway and lower density single-family development to the west. • Most of the surrounding land is either undeveloped or used for single-family development and religious institutions. • The subject property is bordered by the Lord’s Creek Subdivision to the west and a religious institution to the north. • Due to the size of the parcel and access onto Carolina Beach Road, the property is less likely to be developed with lower density detached single family housing. • The proposed concept plan positions a portion of the stormwater facilities closer to the existing single-family homes to the south of the site. A perimeter parking lot around the development acts as an additional spatial buffer between the multi-family dwellings and neighboring homes. • In addition to the setback and buffer requirements of the UDO, the applicant has agreed to additional exterior lighting conditions and height restrictions on the two westernmost multi- family structures to reduce the potential impact on neighboring residential uses. 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. Z24-08 Staff Report PB 6.6.2024 Page 15 of 17 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. Analysis The Comprehensive Plan designates this property as Community Mixed Use, a land use classification that promotes a mix of retail, office, and residential development at moderate densities up to 15 units per acre. This classification is generally applied to areas intended as community-level service nodes and / or transitions between lower density housing and higher intensity development. At 13.7 du/ac, the proposed maximum density for the development is within the density recommendation for the place type. Site features such as landscaping buffers, parking, and stormwater facilities have been located along the boundaries of the project adjacent to existing single-family development to provide a transition between the residential uses. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units, or 7 total units whichever is greater, for a period of 15 years. The Community Mixed Use place type specifically identifies the Carolina Beach Road corridor as appropriate for the place type and recommends higher-intensity mixed use with first floor retail and office and housing above, with a building height range of 1 to 3 stories. The RMF-M district is intended to act as a transitional district between residential and commercial development. The proposed project would provide a buffer between the highway and single-family development. Z24-08 Staff Report PB 6.6.2024 Page 16 of 17 Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan’s recommended density and intent for development to act as a transition between major roadways, higher intensity uses and existing residential areas. The project also provides a range of housing types, opportunities, and choices. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units, or 6 total units, for a period of 15 years. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, technical review. The current application does not propose any changes from the application considered in 2023. Both the current and previous application proposed a housing type and density within the recommendations of the Community Mixed Use place type and the project acts as a transition between major roadways and higher intensity uses and existing residential areas and provides new housing opportunities and choices. As a result, Staff recommends approval of the request and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the development scale and density is in line with the plan’s recommendation for the place type and the project would provide additional housing diversity in the area. I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because it provides an alternative housing type that acts as a buffer for lower density residential, contributing to the kind of transitional development desired along highway corridors. An additional voluntary condition by the applicant also ensures workforce housing affordability for 10 percent of the units, or 6 total units, whichever is greater for a period of 15 years. Proposed Conditions: 1. 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, neighboring areas, or motorists. Light posts shall be no taller than twelve (12) feet. 2. The proposed right turn lane must be approved and permitted by NCDOT. Changes to the concept plan to meet NCDOT requirements for the turn lane may be approved administratively by county staff. 3. Tree protection fencing shall be installed prior to the onset of land clearing and grading along a minimum 15-foot offset from the edge of the outer drive. No disturbance of existing vegetation or grading will be permitted. Prior to the Certificate of Occupancy, a minimum 8-foot-tall solid wood screening fence shall be installed along a 3-foot offset from the driveway pavement. 4. The project will include a minimum of 10% of the units or six (6) total units, whichever is greater, as workforce housing units that will be made available for a period of Z24-08 Staff Report PB 6.6.2024 Page 17 of 17 no less than 15 years with rental limits based upon HUD HIGH HOME standards. An agreement between the developer and county will be required before the issuance of any Certificate of Occupancy for the project. The agreement shall specify: • The number of affordable units provided; • The income limits; • Rent limits subject to annual change; • The period of time workforce housing units must remain affordable; • Any other criteria necessary for compliance and monitoring; • An established timeframe for annual reporting from the developer or owner of the development to New Hanover County. Annual reports shall provide the following minimum information: o Unit number o Bedroom number o Household size o Tenant income o Rent rate • The developer or owner of the development shall report any mid-year lease changes to workforce housing units to New Hanover County to ensure lease changes remain compliant with the agreement. If the total number of workforce housing units falls below the minimum of 10% of the units or six (6) total units whichever is greater before the expiration of the minimum 15-year period of affordability the development will be subject to enforcement measures found in Article 12 Violations and Enforcement of the Unified Development Ordinance. 5. The project is limited to a maximum of 64 units and the two westernmost multi-family structures shall be limited to two stories. 6. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road for public bicycle and pedestrian use. 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 the proposed rezoning. While I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the development scale is in line with the plan’s recommendation for the place type and the project would provide additional housing diversity in the area. I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the number of multi-family structures and associated parking reduces the amount of available open space and increases traffic on the roadway network.