HomeMy WebLinkAboutZ23-02 BOC Staff ReportZ23-02 Staff Report BOC 3.6.2023 Page 1 of 15
STAFF REPORT FOR Z23-02
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z23-02
Request:
Rezoning to an R-7 district
Applicant: Property Owner(s):
Samuel B. Franck with Ward & Smith, P.A. Swartville, LLC
Location: Acreage:
South of I-140, west of Blue Clay Road, and east
of Castle Hayne Road Approximately 104 acres
PID(s): Comp Plan Place Type:
R02500-002-006-000 and
R02500-002-030-000 General Residential
Existing Land Use: Proposed Land Use:
Undeveloped Land The property would be allowed to be
developed in accordance with the R-7 district
Current Zoning: Proposed Zoning:
R-20, Residential R-7, Residential
SURROUNDING AREA
LAND USE ZONING
North Undeveloped Land, I-140 ROW I-1, B-2
East Railroad ROW, Agricultural Land RMF-L
South Undeveloped Land R-10
West Undeveloped Land, Single-family Residential R-10, R-20
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ZONING HISTORY
July 7, 1972 Initially zoned R-20
COMMUNITY SERVICES
Water/Sewer Water will require a mainline extension and wastewater services are
available through CFPUA via a pump station that will need to be built.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro
Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High School
Recreation Cape Fear Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Z23-02 Staff Report BOC 3.6.2023 Page 3 of 15
APPLICANT’S PROPOSAL
• The applicant is proposing to rezone two parcels totaling approximately 104 acres from R-
20, Residential district to the R-7, Residential district.
• According to the applicant, the requested R-7 zoning district is more appropriate for the
tracts than the current R-20 zoning as the Comprehensive Plan calls for more housing within
the general area, the densities and diversity of housing types allowed within the R-7 are
more consistent with what the General Residential place type calls for, and higher density
is possible due to the availability of public water and sewer.
• This request is for a straight rezoning, any approval would allow for all uses outlined for
the requested district and could not include conditions. Any future development would be
subject to the general development standards for the district outlined in the Unified
Development Ordinance (UDO), including lighting and vegetative buffers.
ZONING CONSIDERATIONS
• The R-20 district in this area was established in 1972. At the time, the purpose of the R-20
district was to ensure that housing served by private septic and wells would be developed
at low densities. Since that time, water and sewer services have become available to the
surrounding area; however, the general area remains primarily zoned for low density
housing.
• The purpose of the R-7 district is to accommodate lands for moderate density single family
and low-density multi-family development of varying types and designs. The intent is that
the R-7 district will provide options for alternative housing types near or in direct relationship
to single-family detached development with a range of housing options.
• The site is located between the I-140 interchange and the Wrightsboro commercial node,
areas connected by Castle Hayne Road. Zoning along and directly off of this corridor has
progressively changed over the past decade to include a mix of residential uses with
moderate densities and commercial districts, including the River Bluffs planned development,
Bountiful Village, and the future residential development at the end of Rock Hill Road.
• Under the current R-20 district, approximately 198 dwelling units at a maximum density of
1.9 dwelling units per acre would be allowed under performance residential standards.
• If developed at the maximum R-7 density of 6 dwelling units per acre, a potential maximum
of 624 dwelling units would be allowed. This would result in 426 more dwelling units than
approved under the current zoning.
• Several uses are allowed by-right within the R-20 zoning district that would not be
permissible within the R-7 zoning district. These include wholesale nurseries, stables,
equestrian facilities, and landfills (demolition and landscape).
• If approved, development on the parcel would be subject to Technical Review Committee
and Zoning Compliance review processes to ensure full compliance with all ordinance
requirements.
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AREA SUBDIVISIONS UNDER DEVELOPMENT
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TRANSPORTATION
• The site is currently accessed through a private access easement from Castle Hayne Road.
The property is bordered by I-140 to the north; however, no access is available to I-140.
• Traffic impact analyses are not required for straight rezonings as a specific development
proposal is required to thoroughly analyze potential trip generation. A traffic impact
analysis would be required for any future project that is estimated to generate more than
100 trips within the peak hours.
• The existing R-20 zoning would permit a maximum of 198 dwelling units, which is estimated
to generate about 139 AM and 189 PM peak hour trips.
• Under the proposed R-7 zoning district, a maximum of 624 dwelling units could potentially
be constructed on the site, which is estimated to generate 394 AM and 556 PM peak hour
trips.
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• The net change from the potential trip generation if the site were to be developed under
the existing R-20 district to the proposed R-7 district shows an approximate increase of
about 255 AM peak hour trips and an approximate increase of about 367 PM peak hour
trips.
• As there is not a specific development proposal to analyze traffic impacts for at this time,
staff has provided the volume to capacity ratio for roadways in the vicinity of the subject
site. While volume to capacity ratio, based on average daily trips, can provide a general
idea of the function of adjacent roadways, the delay vehicles take in seconds to pass
through intersections is generally considered a more effective measure when determining
the Level of Service of a roadway.
• The most recent traffic counts in the area indicate capacity currently exists on Castle
Hayne Road.
NCDOT Average Annual Daily Traffic (AADT) – 2021
Road Location (Block) Volume Capacity V/C LOS
Castle Hayne Road
Between Old Mill
Road and Chair
Road
14,500 16,804 0.86 D
• The Level of Service (LOS) of this portion of Castle Hayne Road is rated as ‘D’, per NCDOT.
• The Wilmington MPO also gathers independent traffic counts in the county at various dates
and locations throughout the year. These counts are not adjusted or averages but instead
represents all traffic over a 24-hour interval on the designated date and represent a
specific snapshot in time of traffic for an area.
WMPO ADT – 2022 (8/1/22)
Road Location Volume
Castle Hayne Road Between Rockhill Rd and Oakley Rd 17,995
• Before any development can occur on this site, the Technical Review Committee will review
all plans for compliance with applicable land use regulations, including any recommended
roadway improvement required through the NCDOT driveway permitting process.
Intensity Approx. Peak Hour
Trips
Typical Development under Current
Zoning: 198 Dwelling Units 139 AM / 189 PM
Development under Proposed R-7
Zoning (Single Family Detached) 624 Dwelling Units 394 AM / 556 PM
Potential Net Change under Proposed
Zoning: + 255 AM / + 367 PM
Z23-02 Staff Report BOC 3.6.2023 Page 7 of 15
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
• STIP Project U-5863
o Project to widen Castle Hayne Road from I-140 to Division Drive. This project will
add a center turn lane or median to sections of the road.
o The project is currently scheduled to begin construction after 2029.
Z23-02 Staff Report BOC 3.6.2023 Page 8 of 15
Nearby Traffic Impact Analyses:
Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed
by the build out date established within the TIA.
Proposed Development Land Use/Intensity TIA Status
1. Hermitage Road
Flex Park • 130,000 sf Business Park • TIA approved June 17, 2021
• 2025 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Provide a westbound right turn lane with 200 feet of storage and appropriate
deceleration and taper at NC 133 and Hermitage Road
• Provide a southbound left turn lane with 50 feet of storage and appropriate deceleration
and taper at NC 133 and Crowatan Road.
Nearby Proposed Developments included within the TIA:
• None
Development Status: Construction has not started, and development is under review at this
time.
Proposed Development Land Use/Intensity TIA Status
2. Blue Clay
Industrial • 892,000 sf Manufacturing
• TIA approved December 20,
2022
• 2032 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Install a traffic signal at Blue Clay Road and Juvenile Center Road.
• Install a traffic signal at Blue Clay Road and Site Access 1.
• Extend storage capacities, deceleration and appropriate tapers at the intersections of
Blue Clay Road and N College Road, Blue Clay Road and N Kerr Avenue, and Castle
Hayne Road and N Kerr Avenue.
• Construction of Site Access 2 on Blue Clay Road and Site Access 3 on Juvenile Road.
Nearby Proposed Developments included within the TIA:
• Sidbury Farms
• Sidbury Crossing
Development Status: Construction has not started, and development is under review at this
time.
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ENVIRONMENTAL
• The property is not within a Natural Heritage Area. The property is not located within a
Special Flood Hazard Area.
• The properties are located within the Smith Creek, Ness Creek, and Prince George
watersheds.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class III (severe limitation) & IV (unsuitable) soils. Any future development
will be required to consult with CFPUA on the feasibility of sewer connection.
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Castle Hayne
Elementary School, Holly Shelter Middle, and Laney High School. Students may apply to
attend public magnet, year-round elementary, or specialty high schools.
• A maximum of 198 dwelling units would be permitted under the current R-20 zoning density,
and 624 units could potentially be developed under the proposed zoning for an increase
of 426 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in an increase of approximately 95 more students than the number of
students who are estimated to be already generated under the existing 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. Student numbers remained relatively stable between 2015 and 2020
(excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were
permitted across the county. In addition, the student population is anticipated to only grow
by approximately 1,300 students over the next 10 years based on the New Hanover
County Schools Facility Needs Study.
Z23-02 Staff Report BOC 3.6.2023 Page 10 of 15
Development Type Intensity Estimated Student Generation*
Existing Development Undeveloped Approximate** Total: 0
(0 elementary, 0 middle, 0 high
Typical Development
under Current Zoning 198 residential units Approximate** Total: 42
(18 elementary, 10 middle, 14 high)
Potential Development
under Proposed Zoning
District
624 residential units Approximate** Total: 137
(56 elementary, 31 middle, 44 high)
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an
average of 0.22 public school students (0.09 fo r elementary, 0.05 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.
• Developments associated with the proposed rezoning would likely not reach full build-out
for over 5 years. As a result, existing school enrollment and capacity is not likely to be
relevant. New Hanover County Schools staff would include this project if approved in future
facility planning initiatives in order to accommodate any resulting student growth.
• 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** (2022-2023 School Year)
*Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year.
**Capacity calculations were determined based on the capacities for the 2022 -2023 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.
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 91% Castle
Hayne 422 523 81%
None
Middle 92% Holly
Shelter
851
991
86%
None
High 99% Laney 2214 1941 114% None
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Representative Developments
Representative Developments of R-20 (Proposed Zoning/Land Use):
Holland Drive
Long Leaf Drive
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Representative Developments
Representative Developments of R-7 (Proposed Zoning/Land Use):
Adam’s Landing
River Lights (City of Wilmington)
Z23-02 Staff Report BOC 3.6.2023 Page 13 of 15
Context and Compatibility
• The subject parcel has no direct access on two of the three sides. A 130-foot-wide CSX
railroad right of way borders the eastern property line and I-140 borders to the north.
• The site has access to Castle Hayne Road, an NCDOT maintained minor arterial road,
through a private access easement. The site is adjacent to undeveloped and agricultural
property to the east and south.
• The subject site is located about 1.5 miles from the General Electric facility at the intersection
of Castle Hayne Road and I-140, and about 1.8 miles from the Wrightsboro commercial
node.
• The parcel immediately to the east was recently rezoned within case Z22-19 from a PD
district to a RMF-L district, with a maximum of 237 dwelling units possible.
• Recent developments in the general area have been a mix of residential uses with moderate
densities and commercial districts, including the River Bluffs planned development, Bountiful
Village, and the future residential development at the end of Rock Hill Road. Commercial
rezoning have occurred closer to the Wrightsboro commercial node to the south and on
Hermitage Road to the north.
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 development patterns and should not be interpreted as
being parcel specific.
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Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on small-scale, lower density housing, associated civic and limited
commercial services development that enhances neighborhood character.
Types of appropriate uses include single-family residential, low-density
multi-family residential, light commercial, civic, and recreational projects.
Analysis
The Comprehensive Plan classifies the property as General Residential,
which encourages lower to moderate density residential developments, light
commercial, institutional, and civic uses.
The subject property is in the northern portion of the county, located
between the I-140 interchange and the Wrightsboro commercial node.
These areas are connected by Castle Hayne Road, a minor arterial
roadway. Zoning along and directly off of this corridor has progressively
changed over the past decade to include a mix of residential uses with
moderate densities and commercial districts, including the River Bluffs
planned development, Bountiful Village, and the future residential
development at the end of Rock Hill Road.
The General Residential place type provides opportunities for low to
moderate density housing (approximately 8 units/acre). The proposed R-7
district allows for a maximum of 6 dwelling units/acre, which is generally
consistent with the density range recommended for the General Residential
place type.
Along with the preferred density range, the proposal promotes the uses
recommended within the General Residential place type, and supports the
Comprehensive Plan’s goal to provide for a range of housing types and
opportunities for households of different sizes and income. The subject site
is also in close proximity to the Employment Center and Urban Mixed Use
place types located just north of I-140 at Castle Hayne Road. The future
development could accommodate residential developments that would
support commercial and industrial developments that are anticipated within
these place types.
Consistency
Recommendation
The proposed R-7 rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the project provides for the density and range
of housing options recommended in the General Residential place type.
Furthermore, the housing types permitted by the proposed rezoning offer
diverse housing options that could support commercial and industrial
developments anticipated within the nearby Employment Center and Urban
Mixed Use place types.
Z23-02 Staff Report BOC 3.6.2023 Page 15 of 15
PLANNING BOARD MEETING
The Planning Board considered this application at their February 2, 2023 meeting. No one spoke
in support of or in opposition to the request. During the meeting, the Planning Board considered
access to the parcels, impact on local infrastructure, and the lack of a conceptual plan with the
petition. The Planning Board recommended approval of the petition (5-1).
The Planning Board found the application to be CONSISTENT with the purposes and intent of the
Comprehensive Plan because the rezoning provides for the density and range of housing options
recommended within the General Residential place type, and the housing types permitted by the
proposed rezoning would provide diverse housing options that could support commercial and
industrial developments anticipated within the nearby Employment Center and Urban Mixed Use
place types.
The Planning Board also found RECOMMENDING APPROVAL of the rezoning request is
reasonable and in the public interest because the proposal could accommodate residential uses that
could support the nearby Employment Center and Urban Mixed Use place types.
STAFF RECOMMENDATION
The proposed R-7 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because
the rezoning provides for the density and range of housing options recommended within the General
Residential place type, and the housing types permitted by the proposed rezoning would provide
diverse housing options that could support commercial and industrial developments anticipated
within the nearby Employment Center and Urban Mixed Use place types.
As a result, Staff concurs with the Planning Board recommendation and suggests the following
motion:
I move to APPROVE the proposed rezoning to an R-7 district. I find it to
be CONSISTENT with the 2016 Comprehensive Plan because the project provides for
the density and range of housing options recommended in the General Residential
place type. I also find APPROVAL of the project is reasonable and in the public interest
because the proposal could accommodate residential uses that could support the
nearby Employment Center and Urban Mixed Use place types.
Alternative Motion for Denial
I move to DENY the proposed rezoning to an R-7 district. While I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the density and range of housing options recommended in the
General Residential place type, I find DENIAL of the rezoning request is reasonable
and in the public interest because the proposal is not consistent with the desired
character of the surrounding community and the density will adversely impact the
adjacent areas.