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HomeMy WebLinkAboutZ25-04 Staff ReportZ24-07 Staff Report PB 5.2.2024 Page 1 of 15 STAFF REPORT FOR Z25-04 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z25-04 Request: Straight Rezoning to an R-20 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Terry Dean & Rita P English, and Justin Adam Slack Location: Acreage: 1609 and 1617 Middle Sound Loop Road 1.94 acres PID(s): Comp Plan Place Type: R04509-007-010-000, R04509-007-011-000 General Residential Existing Land Use: Proposed Land Use: Single Family Residential The property would be allowed to be developed in accordance with the R-20 district. Current Zoning: Proposed Zoning: R-20S, Residential R-20, Residential SURROUNDING AREA LAND USE ZONING North Single Family Residential R-15 East Single Family Residential R-20S South Single Family Residential R-15 West Single Family Residential R-15 Z24-07 Staff Report PB 5.2.2024 Page 2 of 15 ZONING HISTORY May 18, 1970 Originally zoned R-20 (Area 3) January 4, 1988 Rezoned to R-20S at the request of Middle Sound Loop residents to limit residential density. COMMUNITY SERVICES Water/Sewer Private water through Carolina Water Systems, and public sewer through CFPUA are present in this area. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover Ogden Station Schools Ogden Elementary, Noble Middle, and Laney High Schools Recreation Pages Creek Park Reserve CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z24-07 Staff Report PB 5.2.2024 Page 3 of 15 APPLICANT’S PROPOSAL • The applicant is proposing to rezone two parcels totaling approximately 1.94 acres from R-20S Residential district to R-20 Residential. • According to the applicant, the requested R-20 zoning district is more appropriate for the applicants as opposed to the current R-20S zoning district, because the R-20 zoning district allows for the construction of Additional Dwelling Units (ADUs). • This request is for a straight rezoning, so 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). ZONING CONSIDERATIONS • The properties were initially zoned R-20 in 1970 and were rezoned as part of the creation of the R-20S district in 1988. • At the time, the purpose of the R-20S district was to provide lands to accommodate primarily low-density single-family development. The intent of the R-20S district regulations are to allow development that is compatible with the preservation of the districts’ very low-density single-family character, while accommodating residential opportunities for those who desire an exurban, low-density lifestyle. • The purpose of the R-20 district is to provide lands that accommodate primarily very low- density residential development and recreational uses. District regulations discourage development that substantially interferes with the quiet residential and recreational nature of the district. • The R-20 and R-20S districts are similar, having the same dimensional standards in the UDO: Zoning District R-20S R-20 Front setback 30 feet 30 feet Rear setback 25 feet 25 feet Interior side setback 15 feet 15 feet Street side setback 22.5 feet 22.5 feet Minimum lot size 20,000 square feet 20,000 square feet Maximum building height 40 feet 40 feet • The differences between the two districts are that the R-20S district does not allow for ADUs, performance residential developments, or mobile homes. Because performance development is not allowed, the ordinance does not prescribe a maximum density for residential development. • The R-20 district allows ADUs and has a maximum residential density of 1.9 dwelling units per acre for performance residential development. Z24-07 Staff Report PB 5.2.2024 Page 4 of 15 • The county adopted provisions to allow ADUs in 2022, within Text Amendment (TA) 22-02 which amended Articles 2 and 4 of the UDO allowing ADUs in all residential zoning districts except AR and R-20S, as these districts were specifically designed to reduce density and impervious surfaces to assist in limiting environmental impacts. • Because performance residential development is not permitted in the R-20S district, the maximum conventional buildout would be four 20,000 square foot lots. Each lot would be allowed one detached single-family home for a maximum total of four dwelling units. • The proposed R-20 district could be developed under either the conventional or the performance residential standards: o Conventional residential development could allow up to four detached single-family homes and four ADUs. ▪ 1.94 acres = 84,506.4 square feet ▪ 84,506.4 square feet / 20,000 square foot minimum lot size for R-20 = 4.2 lots. ▪ Fractional numbers below 0.5 are rounded down to the nearest whole number. ▪ Each of the four lots would be permitted an ADU. o Performance Residential Development could also allow up to four detached single- family dwellings and four ADUs: ▪ 1.94 acres x 1.9 maximum density for the R-20 district = 3.68 units ▪ Fractional numbers above 0.5 are rounded up to the nearest whole number. ▪ If developed as detached single-family residential units, at maximum build out each lot would also be allowed a one-bedroom ADU. • ADUs are limited to a maximum of 1,200 square feet. The primary difference between ADUs in conventional and performance residential development is Section 4.4.4.A sets a cap of one bedroom for ADUs in performance residential development when development is at the maximum density allowed in the zoning district. • ADUs in conventional subdivisions do not have a limitation on the number of bedrooms. • Additional considerations regarding paved access and stormwater may be required under maximum build out depending on lot design and the amount of impervious surface. • 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. Z24-07 Staff Report PB 5.2.2024 Page 5 of 15 AREA DEVELOPMENTS Z24-07 Staff Report PB 5.2.2024 Page 6 of 15 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of four single-family dwelling units. PROPOSED ACCESS Primary Access This site has direct full access on Middle Sound Loop. Because this is a straight rezoning, future site access would be reviewed by the County’s TRC and NCDOT. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Middle Sound Loop Type of Roadway NCDOT minor collector Z24-07 Staff Report PB 5.2.2024 Page 7 of 15 Roadway Planning Capacity (AADT) 10,978* Latest Traffic Volume (AADT) 7, 100 ** Latest WMPO Point-in-Time Count (DT) 13,423 (8/1/2024) *** Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS EB 6027; Middle Sound Loop Multi-Use Trail (2024 Start Date) Construction of multi-use path south of Market Street from Red Cedar Road to existing trail at corner of Market Street and Middle Sound Loop Road. U4902D (08/2025 Projected Completion Date) SR 1403 (Middle Sound Loop Road) TO SR 2290 (Mendenhall Drive)/ SR 2734 (Marsh Oaks Drive). TRAFFIC GENERATION Traffic Generated by Present Designation Potential By- Right Development under Current Zoning Potential By-Right Development under Proposed Zoning AM Peak Hour Trips 1 4 7 PM Peak Hour Trips 1 5 9 Assumptions 1 Max build out of four single family dwelling units 2Max build out of four single family dwelling units with four ADUs for a total of eight dwelling units TRAFFIC IMPACT ANALYSIS (TIA) Traffic Impact Analyses are not required for straight rezonings as a specific development proposal is required to thoroughly analyze potential trip generation. Z24-07 Staff Report PB 5.2.2024 Page 8 of 15 SUMMARY The proposed project is located along a minor collector road that currently has available capacity. The sites can be accessed directly from Middle Sound Loop. Traffic Impact Analyses are not required for straight rezonings. While the WMPO's point in time traffic count is above the planning capacity for Middle Sound Loop Road, it is only representative of a section of the road closer to Market Street. Concerns about increased traffic have been expressed by the public in the past, however, the proposed rezoning's additional traffic is a small increase and comparable with potential traffic impacts from the neighboring R-15 zoned neighborhoods. There is the planned construction of a multi-use path south of Market Street from Red Cedar Road to an existing trail at the corner of Market Street and Middle Sound Loop Road that may provide an opportunity to use alternative means of transportation. *For capacity, the only portion of Middle Sound Loop that has been modeled is between Market St and Red Cedar rd. The capacity for this portion is 10,978.25. **Per the WMPO, no data is available at the parcels in question, however, the WMPO does have data for Middle Sound Loop Road from the roundabout to the intersection at West Bedford Road, this is reflected in the 7,100 number above. ***The only WMPO traffic count location along Middle Sound Loop is located behind the Publix, which is the 13,423 number above. ENVIRONMENTAL • This site is not within a Natural Heritage Area. • No known Conservation resources are present • Properties are not in a designated Flood Hazard Area. • The property is within the Pages Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitation) soils. Z24-07 Staff Report PB 5.2.2024 Page 9 of 15 OTHER CONSIDERATIONS Schools PUBLIC SCHOOL ENROLLMENT ZONES Elementary School Ogden 2024-2025 Capacity 106% Middle School Noble 2024-2025 Capacity 94% High School Laney High 2024-2025 Capacity 117% STUDENT GENERATION RATES (SGRs) Overall SGR (24-25) 0.19 public school students per residential unit Elementary School SGR (24-25) 0.08 public school students per residential unit Middle School SGR (24-25) 0.04 public school students per residential unit High School SGR (24-25) 0.07 public school students per residential unit Local Elementary SGR (24-25) 0.15 - Higher than the County-Wide Generation Rate. SGR Trend (20-21 to 24-25) Decrease of 0.05 public school students per residential unit Z24-07 Staff Report PB 5.2.2024 Page 10 of 15 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 project would allow for the construction of ADUs which could help meet our target of increasing the housing supply to a level of one residential unit per two residents. POTENTIAL PROJECT STUDENT IMPACT Intensity of Current Zoning: Development under current zoning would allow a maximum of four residential units. Maximum Intensity of Proposed Zoning: Eight residential units Students Generated by Current Zoning Students Generated by Proposed Zoning Potential Impact of Proposed Project Elementary School 0 1 1 Middle School 0 0 0 High School 0 1 1 TOTAL 0 2 2 Sources 2024-2025 NHC Student Yield Analysis SUMMARY Both the public elementary school and the high school that serve this area are over capacity. The students generated by the proposed development are minimal, however, and the project should have a limited impact on the area’s public schools. While the student generation rate for the Ogden Elementary catchment area is higher than the overall county student generation rate, it would not impact the number of students anticipated to be yielded by the proposed project. Z24-07 Staff Report PB 5.2.2024 Page 11 of 15 Representative Developments Existing R-20S Development: 1609 Middle Sound Loop 1617 Middle Sound Loop Z24-07 Staff Report PB 5.2.2024 Page 12 of 15 Representative Development of R-20S: Representative development of R-20: Z24-07 Staff Report PB 5.2.2024 Page 13 of 15 Context and Compatibility • This project has direct, full access to Middle Sound Loop and is in proximity to two other residential projects: Loblolly Landing, which is a Performance Subdivision containing eight lots that was conditionally rezoned to R-20 in July of 2018, and Mason Harbour Yacht Club, which has 26 lots and was conditionally rezoned to R-15 in May of 2006. • R-20S was designed to keep density low to protect environmentally sensitive areas, which was more necessary when all residences were on wells and septic. The accessibility of public water and sewer in the Middle Sound Loop corridor allows for an increase in development density while still mitigating environmental impacts in sensitive areas. • At full build out these parcels would be able to house eight single-family dwelling units, consisting of four single-family dwelling units and four Accessory Dwelling Units • Currently the nearest community services such as personal, retail, and grocery stores are approximately two miles to the west at Ogden Market Place. • This rezoning could allow for a transition of development from R-15 to R-20S in an area where there is already a mix of R-15, R-20, and R-20S. Density in R-15 is 2.5 units per acre; in comparison, density in R-20 is 1.9 units per acre, while R-20S does not have a stated maximum density because performance residential is not allowed. 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. Z24-07 Staff Report PB 5.2.2024 Page 14 of 15 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 parcels are located on Middle Sound Loop, an area of the County that is primarily zoned R-20S and R-15. While the R-20S district does not allow performance residential development, the R-15 district allows residential density up to 2.5 dwelling units per acre. This area is classified as General Residential by the 2016 Comprehensive Plan. This place type focuses on lower-density housing and associated civic and commercial services with a recommended density up to 8 dwelling units per acre. Under conventional subdivision standards the properties would not be subject to density maximums. The maximum number of units that would be allowed, including ADUs, is 8, which is within the recommendations of the Comprehensive Plan. Given the adjacent R-15 zoning which also allows ADUs, the proposed rezoning would provide a transition between R-20S and R-15 districts. Consistency Recommendation The proposed straight rezoning to R-20 is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed district would still align with the desired density of up to eight dwelling units per acre while accommodating for the continued growth of New Hanover County and reducing the restrictions on the current property owners. Z24-07 Staff Report PB 5.2.2024 Page 15 of 15 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 on Middle Sound loop, an area of the County that has seen increased interest and growth due to the desirable location while also increasing access to public water and sewer. The surrounding area is predominantly residential and is classified as General Residential by the 2016 Comprehensive Plan, which focuses on lower- density housing and associated civic and commercial services. 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 R- 20 Residential zoning district would provide uses and densities in line with the General Residential place type. I also find RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow an increased diversity of housing options in an area outside of a flood hazard 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 RECOMMEND DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the R- 20 Residential zoning district would provide uses and densities in line with the General Residential place type. I find RECOMMENDING DENIAL of the rezoning request is reasonable and in the public interest because the rezoning would potentially impact the single-family residential character of the area by allowing an increase in potential density.