Loading...
HomeMy WebLinkAboutZ24-09 PB Staff Report - FinalZ24-09 Staff Report PB 6.6.2024 Page 1 of 13 STAFF REPORT FOR Z24-09 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-09 Request: Rezoning to a Conditional CB, Community Business district Applicant: Property Owner(s): Cindee Wolf, Design Solutions Walter Wayne Winner, II Location: Acreage: 802 S. Seabreeze Road 0.25 PID(s): Comp Plan Place Type: R08514-004-008-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Residential General Retail Sales, Animal Grooming Service, General Personal Services, Instructional Services & Studios, and Offices for Private Business & Professional Activities Current Zoning: Proposed Zoning: R-15, Residential (CZD) CB, Community Business SURROUNDING AREA LAND USE ZONING North Community Business (Formerly Pelican SnoBalls) (CZD) CB East Single Family Residential R-15 South An existing Single-Family Residential and an approved rezoning for 46 attached Single-Family homes R-15 & (CZD) R-5 West Single Family Residential R-15 Z24-09 Staff Report PB 6.6.2024 Page 2 of 13 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer CFPUA services are not available in the area. Aqua water and sewer utilities are in the area. Aqua utilities will need to commit to providing services to the parcel. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray Middle, and Ashley High Schools Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates pocosin wetlands on the property; however, they are not underlaid with Class IV soils, thus no additional development standards governing conservation resources apply. 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 Z24-09 Staff Report PB 6.6.2024 Page 3 of 13 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct an 1,800 square foot building for General Retail Sales. • The proposed building will be a 2-story structure with a maximum height of 25 feet from grade that faces the parking lot. • The structure’s footprint will be 1,250 square feet with a 550 square foot mezzanine on the upper level to serve as a place for offices and or product storage. • The applicant has provided a condition that alternative future uses would be limited to: o Animal Grooming Services o Offices for Private Business & Professional Activities o Instructional Services & Studios o Personal Services, General • The applicant has proposed a condition to incorporate a 10’ high wooden fence between the adjacent residential parcels and the required buffer yard. 1,800 sq ft Retail Building 10’ Fenced in Buffer Yard Z24-09 Staff Report PB 6.6.2024 Page 4 of 13 • The development’s proposed total impervious area is under 10,000 square feet that triggers the requirement for a New Hanover County stormwater permit. County Engineering may also grant a one-time allowance of an additional 3,000 square feet of impervious surface allowing a maximum of 13,000 square feet. • The total proposed land disturbance is less than one acre that triggers the state requirement for a stormwater permit from the NC Department of Environmental Quality (NCDEQ). A condition has been included capping the total impervious square footage for the project. 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. • North of the subject lot, several R-15 parcels were rezoned to (CZD) CB within the last year. The approved rezoning, Z23-23, allows for multiple mixed-use commercial buildings with each building serving different purposes. • As currently zoned, the subject site would allow one single-family dwelling unit. • The CB, 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. • The CB district requires a 25-foot rear setback where it abuts residentially zoned properties. • Commercial properties require the Type A Opaque buffer along the eastern and southern property lines bordering residentially zoned parcels. In addition to the Type A buffer standards, the applicant has provided a condition for a solid wood privacy fence. • If approved, the project would be subject to the 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. Z24-09 Staff Report PB 6.6.2024 Page 5 of 13 AREA DEVELOPMENTS Z24-09 Staff Report PB 6.6.2024 Page 6 of 13 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow one single-family residential dwelling PROPOSED ACCESS Primary Access Service Road between Carolina Beach Road and subject lot Secondary Access One way exit from site onto S. Seabreeze Road One Way Exit onto S. Seabreeze Rd Z24-09 Staff Report PB 6.6.2024 Page 7 of 13 EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road S Seabreeze Road Service Road 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 1 4 +3 PM Peak Hour Trips 1 12 +11 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 at the corner of two local roadways with available capacity. The concept plan proposes two driveways. While the driveway connected to Service Road will be both a point for access and exit, the driveway connecting to S. Seabreeze will be a one-way exit only. North of this project is a recently approved mixed-use commercial center that required a TIA. Though this project’s impact was not considered in that TIA, general traffic growth in the area was included with recommended improvements to accommodate future growth. The proposed project’s peak hour traffic generation is below the 100 peak hour threshold requiring a traffic impact analysis; however, NCDOT will review the project through the driveway permitting process, to identify any required improvements to the site. * Seabreeze Road and Service 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. Z24-09 Staff Report PB 6.6.2024 Page 8 of 13 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 III (Severe Limitation) soils. 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. Z24-09 Staff Report PB 6.6.2024 Page 9 of 13 Representative Developments Representative Developments of R-15: S. Seabreeze Road Representative Developments within the proposed uses: The Grill House at 6312 Carolina Beach Road Z24-09 Staff Report PB 6.6.2024 Page 10 of 13 Flex Office Space 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. The subject site is undeveloped. • 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 single-family 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. • To the north of the subject site, a proposed mixed commercial development, Z23-23, has been approved within the last year. The site in question was rezoned from R-15 to (CZD) CB. Z24-09 Staff Report PB 6.6.2024 Page 11 of 13 • 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 a community-serving business 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. 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. Z24-09 Staff Report PB 6.6.2024 Page 12 of 13 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. 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 Z24-09 Staff Report PB 6.6.2024 Page 13 of 13 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. The proposed rezoning’s principal use shall be limited to: General Retail Sales, Animal Grooming Service, General Personal Services, Instructional Services & Studios, and Offices for Private Business & Professional Activities. 2. A privacy fence measuring 10-feet high will be installed between the adjacent residential lots and the required buffer yard. 3. The development’s proposed impervious is capped at 10,000 square feet unless granted a 3,000 square foot impervious allotment by New Hanover County Engineering. Any further increase in impervious ground cover will require rezoning. 4. Exterior lighting including luminaries and security lighting shall be fully cutoff fixtures that are directed downward in compliance with Figures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. 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 project would possibly expand the commercial node closer to the existing single-family residential developments and does not provide substantial enough transition to limit impacts on the surrounding area.