Loading...
HomeMy WebLinkAboutZ25-08 PB Staff Report May 1st 2025 PBZ25-08 Staff Report PB 5.1.2025 Page 1 of 13 STAFF REPORT FOR Z25-08 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z25-08 Request: Rezoning to a Conditional B-1 District Applicant: Property Owner(s): Cindee Wolf with Design Solutions 626 Retail Development, LLC Location: Acreage: 100 block of Greenview Drive 1.24 acres PID(s): Comp Plan Place Type: R03614-005-002-000 Community Mixed Use Existing Land Use: Proposed Land Use: Vacant 2-story/15,000 sq ft office building Current Zoning: Proposed Zoning: (CZD) B-1 (CZD) B-1 SURROUNDING AREA LAND USE ZONING North Christ’s Sanctified Holy Church R-15 East Vacant lots and Single-Family Residential R-15 South Carwash and Single-Family Residential (CZD) B-1 and R-15 West Single-Family Residential R-15 Z25-08 Staff Report PB 5.1.2025 Page 2 of 13 ZONING HISTORY July 6, 1971 Initially zoned as an R-15 Residential District October 1, 1990 Rezoned from an R-15 Residential District to a Conditional Use District (CUD) B-1 for a retail nursery July 1, 1999 Site modification of CUD B-1 for a retail nursery, to a CUD B-1 accommodating alternative uses conforming strictly to the B-1 Neighborhood Business Zoning District February 5, 2018 Rezoned from a CUD B-1 to a Conditionally zoned (CZD) B-1 to accommodate an automobile service station COMMUNITY SERVICES Water/Sewer Public water and sewer services are currently available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station 16 Ogden Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No Conservation resources present Historic No known historic resources Archaeological No known archaeological resources Z25-08 Staff Report PB 5.1.2025 Page 3 of 13 Approved Concept Plan - Includes Staff Markups • The previously approved site plan under Z17-11 was rezoned to a (CZD) B-1 from a (CUD) B-1 to accommodate a car care center and car wash as depicted in the site plan. • There is a primary ingress/egress by way of Greenview Drive, and a secondary access off Oak Ridge Lane. • This plan was approved with the following three conditions: o All existing trees located within the required buffer yards must be preserved and supplemented as necessary in order to provide a fully opaque screen. In addition, a six-foot-tall solid fence must be installed along the rear buffer yard. o Flashing, animated, and digital signs shall be prohibited on the property. o A sign indicating that Oak Ridge Lane is a private road shall be installed along the right-of-way of Oak Ridge Lane, west of the proposed driveway access to the subject site. Existing Zoning Carwash Greenview Drive Oak Ridge Lane Fe n c e d B u f f e r Car Care Center Z25-08 Staff Report PB 5.1.2025 Page 4 of 13 Proposed Concept Plan- Includes Staff Markups • The applicant is proposing to develop a two-story 15,000 square-foot general office building with a limited list of uses, as depicted in the above concept plan within the blue border. • The list of uses includes Banks and/or Financial Institutions, Business Service Center, Offices for Private Business & Professional Activities, Instructional Services & Studios, General Personal Services (no Tattoo Parlors permitted), and General Retail Sales. • The site currently has two existing driveways on Greenview Drive. The adjacent carwash on Oak Ridge Lane is under separate ownership and the subject site does not currently have an access easement to the private road Oak Ridge Lane. While access to Oak Ridge Lane is not guaranteed, staff is recommending a condition that the applicant provide the carwash with an access easement to Greenview Drive in order to preserve the points of access for the carwash shown in the original approval. APPLICANT’S PROPOSED CONCEPTUAL PLAN Z25-08 Staff Report PB 5.1.2025 Page 5 of 13 • The site is currently served by an underground stormwater management system. The system may require expansion depending on the final amount of impervious proposed during the Technical Review Committee (TRC) review. 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. • The property was rezoned from (CUD) B-1 to (CZD) B-1 in 2018 to accommodate an automobile service station or car care center. There would be no change in the zoning district, but instead an expansion of approved uses that fall in line with allowed uses in B- 1. • The rear setback to the west is 30 feet, while the front, street side, and interior side setbacks are all 25 feet. • This area is part of the Special Highway Overlay District (SHOD), whose purpose is to protect the natural beauty and scenic vistas that exist along interstate highways and other designated roadways that serve as major accessways and gateways into unincorporated New Hanover County. • If approved, the project would be subject to 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. Z25-08 Staff Report PB 5.1.2025 Page 6 of 13 AREA DEVELOPMENTS Z25-08 Staff Report PB 5.1.2025 Page 7 of 13 TRANSPORTATION Z25-08 Staff Report PB 5.1.2025 Page 8 of 13 CURRENT CONDITIONS Intensity of Current Zoning Current Conditional zoning accommodates a 7,730 square foot Car Care Center PROPOSED ACCESS Primary Access Greenview Drive EXISTING ROADWAY CHARACTERISTICS Affected Roadway Market Street Greenview Drive Type of Roadway Principal Arterial, Other Local street Roadway Planning Capacity (AADT) 37,321.49 10,978.25 Latest Traffic Volume (AADT) 43,000 850 Latest WMPO Point-in-Time Count (DT) *33,524 N/A Latest WMPO Point-in-Time Count (DT) **45,857 N/A Current Level of Congestion Over Capacity Available Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS U-4902D- Market Street Improvements − Access management improvements from N. College Road to Station Road and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive intersection. − Installation of a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a multi-use path along the north / west frontage of Market Street. − With the widening of Market Street there will be a signalized U-turn with a bulb-out just south of the proposed entrance. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 17 33 +16 PM Peak Hour Trips 24 34 +10 Z25-08 Staff Report PB 5.1.2025 Page 9 of 13 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 minor collector road that currently has available capacity. The sites can be accessed directly off Greenview Drive, off Market Street. The properties also potentially have access through Oak Ridge Lane. Since Oak Ridge Lane is a private road, there is no traffic data for the road that could be analyzed. The estimated traffic for the proposed project falls below the required 100 peak hour threshold that triggers Traffic Impact Analyses. While the WMPO’s point in time traffic count is above capacity for this stretch of Market Street, the potential increase in traffic generated by this rezoning is low. In addition, the widening of Market Street is currently happening, which should help to alleviate the congestion currently experienced in this area. *Market Street/US 17 Business: north of Sweetwater Road as of October 1, 2024 **Market Street/US 17 Business: between Lendire Road and Wendover Lane as of October 1, 2024 ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Page’s Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, the site consists of Class I (suitable with slight limitations) and Class III (severe limitation) soils however the project is anticipated to connect to CFPUA water and sewer. 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 A business-friendly environment that promotes growth, agility, and collaboration. The strategic objective to achieve this desired outcome includes the planning for the long-term needs of businesses through timely, innovative programs and community partnerships. The target is to maintain new business growth within 2.5% of the state. Z25-08 Staff Report PB 5.1.2025 Page 10 of 13 Representative Developments Representative Development of Vehicle Service Station: Express Oil Change on Market Street Representative Development of two-story office building: Two-story office building along Market Street Z25-08 Staff Report PB 5.1.2025 Page 11 of 13 Context and Compatibility • This property is located along the Market Street corridor and has access onto Market Street by way of Greenview Drive, in a section of Market Street that is currently undergoing widening and intense commercial development. This lot was originally zoned R-15 in 1971, getting rezoned to a (CUD) B-1 in 1990 to accommodate a retail nursery operation. • B-1 was designed to provide lands that accommodate a range of small scale, low intensity, neighborhood serving commercial development that provide goods and services to residents of adjacent neighborhoods. The district regulations are intended to ensure uses, development intensities, and a development form that is consistent with a pedestrian- friendly, walkable, and neighborhood scale. Mixed use development is allowed that is consistent with district character. Mixed use development is allowed that is consistent with district character. • The site is located within the Special Highway Overlay District and lies in a transitional area between the Porters Neck high growth node to the north and the Ogden commercial node, both of which are classified as Urban Mixed use, in contrast with the Community Mixed Use designation in this specific area. • While there is extensive residential development in the surrounding area, the Market Street corridor primarily functions as a commercial corridor. • This rezoning and the modification of approved uses would allow for a more diverse business landscape to accommodate a greater range of uses. • The Helping Hands Chiropractic Center and the Diener Law office, both located near the property are two-stories, and the height of the existing car wash is 24 feet tall. The proposed two-story office building would fit in with the height of businesses in the surrounding area along Market Street. • While the property is adjacent to single-family residential, the proposed structure is oriented towards the center of the site, and there is a 30 foot wide public utility easement along with an existing fenced buffer adjacent to existing 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 development patterns and should not be interpreted as being parcel specific. Z25-08 Staff Report PB 5.1.2025 Page 12 of 13 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 proposed development is at the Market Street and Greenview Drive intersection, an area of Market Street experiencing a mix of commercial and residential growth. The proposed modification of the existing CZD site plan and conditions of use are for a two-story General Office building amongst a few other listed uses. This area is classified as Community Mixed Use by the 2016 Comprehensive Plan. This place type focuses on small scale, compact mixed-use development that serves as an attraction for county residents and visitors. There is a trend towards commercial development directly along Market Street, transitioning to more residential uses with diverse housing types, including attached single-family and multi-family development further back off Market Street. Consistency Recommendation The proposed (CZD) B-1 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the expanded uses are in line with the specifications, uses, and recommendations for the Community Mixed Use place type while promoting a business-friendly environment. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations and technical review. The site and its rezoning parameters are compatible with the Community Mixed Use place type that could accommodate a range of small scale, low intensity, neighborhood serving commercial development that provide goods and services to residents of adjacent neighborhoods. 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 project is in line with the use and density for the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project helps foster a business-friendly environment that promotes growth, agility, and collaboration. Existing Conditions to Remain: 1. All existing trees located within required buffer yards must be preserved and supplemented as necessary in order to provide a fully opaque screen. In addition, a six-foot-tall solid fence must be installed along the rear buffer yard. Z25-08 Staff Report PB 5.1.2025 Page 13 of 13 2. Flashing, animated, and digital signs shall be prohibited on the property. 3. A sign indicating that Oak Ridge Lane is a private road shall be installed along the right-of-way of Oak Ridge Lane, west of the proposed driveway access to the subject site. Applicant Proposed Conditions: 1. The proposed rezoning’s principal uses shall be limited to: a. Banks and/or Financial Institutions, b. Business Service Center, c. Offices for Private business & Professional Activities, d. Instructional Services & Studios, e. Personals Services, General (no tattoo Parlors permitted), and f. Retail Sales, General Staff proposed conditions: 1. An agreement in place for shared maintenance and parking between car wash and office building. 2. The applicant must provide cross access easements for the carwash to access Greenview Drive through both driveway locations. 3. The project will have a stormwater management agreement for the shared underground stormwater, or the project will be required to obtain permits for a separate underground stormwater system. Any aboveground stormwater system would constitute a substantial deviation to the approved plan and require review and approval through a rezoning. 4. The back façade of the commercial building facing Greenview Drive must be aesthetically similar to the faces of the building. The building façade along Market Street shall incorporate a minimum of one building entrance and form-giving elements, such as entry overhangs and periodic transitions in wall offsets, materials and/or fenestration. Any pads for HVAC equipment shall be screened from the street view by low fencing and/or landscaping. 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 project is in line with the density and housing type recommendations for the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood.