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HomeMy WebLinkAboutZ25-05 BOC Staff ReportZ25-05 Staff Report BOC 6.2.2025 Page 1 of 16 STAFF REPORT FOR Z25-05 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z25-05 Request: Rezoning to a Conditional R-5 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Har-Ste Investments, L.L.C. Location: Acreage: 226 Edgewater Club Road 19.32 PID(s): Comp Plan Place Type: R03700-004-441-000, R03700-004-009-003 General Residential Existing Land Use: Proposed Land Use: Undeveloped Senior Living: Independent Living Retirement Community consisting of 44 Attached Single- Family Townhomes and 38 Detached Single Family Dwelling Units Current Zoning: Proposed Zoning: R-20, Residential & (CZD) R-7, Residential (CZD) R-5, Residential SURROUNDING AREA LAND USE ZONING North Single-Family Residential R-20 East Single-Family Residential R-20 South Single-Family Residential, Porters Neck Elementary School R-20 West Single-Family Residential R-20 Z25-05 Staff Report BOC 6.2.2025 Page 2 of 16 ZONING HISTORY July 6, 1971 Initially zoned R-20 (Area 3) April 18, 2022 Southern 7.32-acre parcel rezoned to (CZD) R-7 COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA. Specific design will be determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Pages Creek, Ogden Park, Smith Creek Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological No known archaeological resources. Z25-05 Staff Report BOC 6.2.2025 Page 3 of 16 EXISTING ZONING • In 2022, the applicant rezoned the 7-acre southern parcel from R-20 to (CZD) R-7 in order to develop 44 single-family 2 ½-story attached townhomes under the County’s performance residential standards at a density of 6 dwelling units per acre. • The townhomes are oriented inward, toward the center of the development, while the amenity center is located near the adjacent single-family parcels fronting Edgewater Club Road. • The stormwater pond is placed in the center with a pedestrian sidewalk circling the pond, providing a recreational amenity and visual appeal. • Waterstone Drive and Edgewater Club Road provide two ingress/egress points. • Edgewater Villas was originally approved in May 2022 with three conditions: 1. The project will be age-restricted based on state and federal Fair Housing requirements for projects for individuals aged 55 and above. 2. An additional sidewalk will be provided between the project and Porter's Neck Elementary School. Stormwater Pond Amenity Center r y Z25-05 Staff Report BOC 6.2.2025 Page 4 of 16 3. The storm water management system will be designed for a 100-year storm event. APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The applicant is proposing to rezone two parcels totaling approximately 19.32 acres from R-20 and (CZD) R-7 in order to develop 44 single-family 2 ½-story attached townhomes and 38 single-family homes under the County’s performance residential standards. P Stormwater Pond Detached Single Family Amenity Center r y Attached Single Family Stormwater Pond Emergency Access Z25-05 Staff Report BOC 6.2.2025 Page 5 of 16 • The proposed concept plan positions the townhomes closer to the southern end of the site, across the street from the school. Single family homes are proposed near existing residential areas of similar lot size and density. • The single-family portion of the CZD R-5 district has a proposed density of 3.2 dwelling units per acre while the attached townhome portion has a density of 6 dwelling units per acre, for an overall density of 4.2 dwelling units per acre. • Under the proposed zoning district, the development will be limited to age-restricted housing for those aged 55 and up. • The area outside of the lots will be dedicated common open space maintained by a Homeowners Association. • Townhomes are shown conceptually in groupings of four (4). Parking ordinance requirements for the townhomes will be determined during the TRC process. • Staff is also proposing a condition to require a public access easement and sidewalk along the project frontage with Edgewater Club Road. • The applicant’s proposed conceptual plan includes a fenced buffer yard on all sides, which meets the ordinance requirements. • The townhome portion, as approved, includes the amenity center, which has now been moved to the single-family residential portion of the development. Rezoning to the CZD R-5 district with age restricted housing will be in line with the County’s UDO Permitted Use Table. • Modification of the CZD R-7 district also limits access to the connection to Waterstone Drive to emergency-only. ZONING CONSIDERATIONS • The R-20 district in this area was established in 1971. At the time, the purpose of the R- 20 district was to provide for low density residential use. There was no water and sewer available, and no stormwater standards were in place at the time. • The southern portion was rezoned in 2022 to a CZD R-7 district for the development of 44 single-family attached townhomes with an amenity center with age-restricted housing. • As currently zoned the site would be permitted 22 single-family dwelling units and 44 single-family attached townhomes. • The purpose of the Residential Moderate-High Density (R-5) District is to provide lands that accommodate moderate to high density residential development on smaller lots with a compact and walkable development pattern. The R-5 district allows a range of housing types and can be developed in conjunction with a non-residential district to create a vertical mixed-use development pattern as well as serve as a transition between mixed- use or commercial and low to moderate density residential development. • While the maximum density of the proposed project is approximately 4.2 units per acre, an R-5 zoning designation is being proposed due to the requested use of age-restricted housing, which is only permitted in this district. The current approved plan is conditioned Z25-05 Staff Report BOC 6.2.2025 Page 6 of 16 for age-restricted housing in a R-7 district. If approved, the property will be brought into compliance with the County’s Permitted Use Table. • A portion of the site and surrounding land are zoned R-20, the majority of which has been developed for residential purposes. To the south is an elementary school. • Four townhomes will face an adjacent owner’s backyard, which is a modification of the current approved plan. • Substantially similar to the approved plan, street lighting would not impact nearby areas any differently from what is being proposed. Nearby adjacent homes could still be impacted. Maximum Illumination Levels are required to be 0.05 foot-candles at lot lines adjacent to single family detached or vacant R-20 parcels. 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. The UDO does not prescribe limitations on the height, wattage, bulb-type, or fixture type. These design features may need additional consideration to ensure compatibility. • This area of the County has experienced a shift toward higher density single-family residential dwellings with most of the surrounding land being developed under performance residential standards. • The UDO requires a Type A: opaque buffer where single-family attached townhomes abut the adjacent single family detached residential units, but a buffer would not be required between the two components of the proposed project. • If approved, the project would be subject to 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. Z25-05 Staff Report BOC 6.2.2025 Page 7 of 16 AREA DEVELOPMENTS Z25-05 Staff Report BOC 6.2.2025 Page 8 of 16 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 44 attached single-family townhomes and 22 single-family dwelling units. PROPOSED ACCESS Primary Access Edgewater Club Road Secondary Access Winding Creek Circle EXISTING ROADWAY CHARACTERISTICS Affected Roadway Edgewater Club Road Type of Roadway NCDOT local road Z25-05 Staff Report BOC 6.2.2025 Page 9 of 16 ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special 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 l (suitable/slight limitation), and Class III (severe limitation) soils; however, the site is expected to be served by CFPUA when developed. Roadway Planning Capacity (AADT) 10,978 Latest Traffic Volume (AADT) 6,200 (AADT 2023) Latest WMPO Point-in-Time Count (DT) Not available Current Level of Congestion 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 36 48 +12 PM Peak Hour Trips 46 62 +16 Assumptions Typical Development with Existing Conditions – 22 single family detached dwellings and 44 single-family townhomes Proposed Development – 38 single-family detached dwellings and 44 single-family townhomes 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 local road that is currently under capacity. The proposed access is located south of the roundabout at Porters Neck/Edgewater Club Road/Shiraz Way. Waterstone Drive, located along the southern boundary of the site, is proposed as an emergency access only point due to concerns over school traffic. 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. Z25-05 Staff Report BOC 6.2.2025 Page 10 of 16 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 strategic objective to achieve this desired outcome includes the provision of a variety of housing options. The proposed CZD R-5 rezoning will provide new attached single-family townhomes and single-family homes 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. Z25-05 Staff Report BOC 6.2.2025 Page 11 of 16 Representative Developments Representative Developments of nearby (performance) R-20: Waterstone Drive Waterstone Drive Z25-05 Staff Report BOC 6.2.2025 Page 12 of 16 Representative Developments of attached single-family homes: Plantation Village Jumpin Run Z25-05 Staff Report BOC 6.2.2025 Page 13 of 16 Context and Compatibility • The property is located off of Edgewater Club Rd, an NCDOT classified local road that connects to Porters Neck and Market Street. Two driveway entrances provide access to Edgewater Club Road and Winding Creek Circle. • The site is one of few undeveloped tracts located adjacent to a single-family residential neighborhood, single family homes, and across the street from Porters Neck Elementary School. • The townhome portion of the development is designed like a traditional attached single- family neighborhood with parking pads and one- or two-car garages, while the single- family portion of the development is traditional in nature with front loading driveways. • The age-restricted housing development proposal would increase housing diversity in the area for senior citizens, which supports of the goals and strategies identified in the county’s Master Aging Plan. • Goal 4 of the Master Aging Plan is to ensure a variety of affordable, quality housing options are located in areas that are easily accessible to necessary resources and services for daily living. Objective 4.2 is to increase the variety and number of affordable housing options. • The proposed mix and housing density aligns with the existing nearby development pattern. • Due to the location and surrounding development patterns, the property is less likely to be developed with 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. Z25-05 Staff Report BOC 6.2.2025 Page 14 of 16 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 subject property is located east of Edgewater Road and north of Waterstone Drive, between the Waterstone neighborhood to the west, single family residential to the east, and an elementary school to the south. The Comprehensive Plan classifies the subject parcel as General Residential and indicates low-density residential (including the type of single-family detached and single-family attached townhomes that are proposed) as appropriate for this place type. This project is designed to serve as an appropriate transition between the school and adjacent R-20 Residential district. The overall project density of 4.2 dwelling units per acre for the proposed R-5 development is within the preferred density range for the General Residential place type (0-8 units per acre). The proposed townhome portion clusters dwelling units together, while the single-family detached portion serves as a transition and connection to an existing neighborhood, providing open space for the community and increased land efficiency. Moderate density residential development in this location will provide residents with walkability to adjacent neighborhoods and serve as a transition between the school and less dense residential development. The application of the proposed zoning district supports the intent of the General Residential place type and is appropriate for this parcel given the surrounding land use and housing density. Consistency Recommendation The proposed CZD R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project’s density is in line with the density recommendations for General Residential areas and with the County’s goals of providing for efficient land use. Z25-05 Staff Report BOC 6.2.2025 Page 15 of 16 PLANNING BOARD ACTION The Planning Board considered this item at their May 1, 2025 meeting. Members of the public spoke in opposition to the project with concerns related to the traffic and noise potentially caused by the location of the amenity center. The Board discussed the requested use and potential noise impacts on the neighbors. Following discussion, the Board proposed one new condition regarding location, height, and material of a fence along Edgewater Club Road. The applicant consented to the conditions and the Planning Board voted unanimously (6-0) to recommend approval of the proposed rezoning with the following conditions: 1. An additional sidewalk will be provided between the project and Porter's Neck Elementary School. 2. The storm water management system will be designed for a 100-year storm event. 3. Both the detached and attached single-family portions project will be age- restricted based on state and federal Fair Housing requirements for projects for individuals aged 55 and above. 4. A 20-foot-wide public access easement with ADA accessible sidewalk will be installed along the project fronting Edgewater Club Road. The sidewalk must be installed or bonded as part of the construction of the subdivision and the public access easement must be platted and dedicated with the recordation of the first plat associated with the development. 5. A 6’ wood privacy fence running south along Edgewater Club Road will be installed up to conceptual lot 28 at which point it will transition to a brick privacy wall with vegetation to the entrance monument at the intersection. The Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the place type recommendations. The Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the proposed district would provide for efficient land use and a variety of housing types for an age restricted community. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The proposed uses are in line with the recommendations for the General Residential place type, provide a variety of housing options for senior citizens, and serve as a transition between nearby residential uses. Staff concurs with the amended list of conditions as recommended by the Planning Board. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to APPROVE 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 place type recommendations. I also find APPROVAL of the rezoning request Z25-05 Staff Report BOC 6.2.2025 Page 16 of 16 is reasonable and in the public interest because the proposed district would provide for efficient land use and a variety of housing types for an age restricted community. Proposed Conditions: 1. An additional sidewalk will be provided between the townhome portion of the project and Porter's Neck Elementary School. 2. The storm water management system will be designed for a 100-year storm event. 3. Both the detached and attached single-family portions project will be age- restricted based on state and federal Fair Housing requirements for projects for individuals aged 55 and above. 4. A 20-foot-wide public access easement with ADA accessible sidewalk will be installed along the project fronting Edgewater Club Road. The sidewalk must be installed or bonded as part of the construction of the subdivision and the public access easement must be platted and dedicated with the recordation of the first plat associated with the development. 5. A 6-foot-tall wood privacy fence running south along Edgewater Club Road will be installed from lot 34 to lot 28, at which point it will transition to a 6-foot-tall brick privacy wall with vegetation, behind the pool and amenity center and tapering to 5 feet in height at the entrance monument for the neighborhood. 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 DENY 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 place type recommendations, I find DENIAL of the rezoning request is reasonable and in the public interest because the land use will adversely impact the adjacent residential areas.