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HomeMy WebLinkAboutZ25-07 - BOC Staff Report Z25-07 Staff Report BOC 6.2.25 Page 1 of 14 STAFF REPORT FOR Z25-07 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z25-07 Request: Rezoning to a Conditional CB district Applicant: Property Owner(s): James H. Fentress, Stroud Engineering Dallas Harris Location: Acreage: 7495 Market Street 1.15 PID(s): Comp Plan Place Type: R03618-012-032-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Retail Sales (General), Offices for Private Businesses and Professional Activities Current Zoning: Proposed Zoning: (CZD) CB, Community Business (CZD) CB, Community Business SURROUNDING AREA LAND USE ZONING North Torchwood Blvd, Single-Family Residential R-15 East Market Street, Novant Health Medical Office O&I South Propane Company, Day Care B-2 West Single-Family Residential R-15 Z25-07 Staff Report BOC 6.2.25 Page 2 of 14 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8B) June 6, 2022 Rezoned to (CZD) CB, Community Business COMMUNITY SERVICES Water/Sewer Water and sewer services are available along Market Street through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park, Pages Creek Nature Preserve CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources Archaeological No known archaeological resources Z25-07 Staff Report BOC 6.2.25 Page 3 of 14 EXISTING ZONING • The previously approved site plan under the Z22-09 rezoning showed a bank consisting of one 2,400 sq ft building with a 3-lane covered drive-thru for bank teller and ATM access. • Two access points were approved, one from Market Street and the other from Torchwood Blvd. • The plan shows two parking lots located on opposite ends of the site and a circular drive aisle around the building. • The applicant also agreed to a condition to provide an additional row of landscaping inside the 20’ buffer to the neighboring residential properties. • The stormwater pond is shown between Market Street and the building and the drive aisle. • Uses currently approved for the site include: o Bank/ Financial Institution o Medical and Dental Office and Clinic o Offices for Private Business and Professional Activities Buffer Parking Parking Drive- Thru Z25-07 Staff Report BOC 6.2.25 Page 4 of 14 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • Please note the concept plan is oriented sideways compared to the approved concept shown earlier. • The new concept plan proposes a phased development consisting of two commercial buildings. The new concept plan also includes parking, a single driveway access onto Market Street, and stormwater along the front of the property. • The commercial building on the north side of the parcel near Torchwood Blvd is proposed as a future phase of development. While the building will face south towards the parking lot, a condition has been included guaranteeing the building façade facing Torchwood will be aesthetically similar to the front. • The applicant has also provided a condition amending and expanding the list of permitted uses to: o Retail Sales (General), o Offices for Private Businesses and Professional Activities o Business Service Center Market Street 4,200 Sq Ft Office Building 2,400 Sq Ft Commercial Building To r c h w o o d B l v d Proposed Stormwater Parking Parking Buffer Existing West Bay Estates Sign Preserved Tree Z25-07 Staff Report BOC 6.2.25 Page 5 of 14 o Day Care o Post Office o Medical and Dental Office and Clinic o Veterinary Service o Instructional Services and Studios o Personal Servies (General) • The applicants also propose to retain the existing condition of an enhanced Type A opaque buffer along the western boundary with existing residential development. The applicants have also included a new condition to permanently retain the existing live oak tree shown on the concept plan. • While not shown on the concept plan, a multi-use path will be installed along the Market Street right-of-way as part of the state transportation improvement project. ZONING CONSIDERATIONS • The site was rezoned from R-15, Residential to CB, Community Business on June 6, 2022, for the use of a Bank/ Financial Institution. The current applicant is the same applicant from the initial Z22-09 rezoning and is proposing a new site plan along with new uses. • The current CB district in this area was established to 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. Development in the CB district should be designed in a form and at a scale that is both walkable and accessible to vehicles and located at intersections and along streets that will allow multiple neighborhoods access to the district’s businesses. CB district lands can serve as a buffer between higher density/intensity development and moderate or low-density multi-family and single-family neighborhoods. • The property is in the Special Highway Overlay District (SHOD) which requires a 50-foot setback for automobile parking along US and NC numbered highways without controlled access. The 50-foot parking setback line is shown on the site plan. • The SHOD requires a front setback of 100 feet. That setback can be reduced to 75 feet when additional plantings are provided along the right-of-way. The concept plan proposes using the reduced setback option. While the specific details of the landscaping plan are reviewed through TRC, a condition has been included guaranteeing the additional plantings required for the reduced setback. • In the CB district, a minimum 25-foot rear setback, 20-foot interior setback, and 10-foot opaque buffer are required where the development abuts existing single-family properties. • The height of exterior light fixtures shall not exceed 25 feet. • 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. Z25-07 Staff Report BOC 6.2.25 Page 6 of 14 AREA DEVELOPMENTS Z25-07 Staff Report BOC 6.2.25 Page 7 of 14 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Undeveloped Site PROPOSED ACCESS Primary Access Market Street EXISTING ROADWAY CHARACTERISTICS Affected Roadway Market Street Type of Roadway NCDOT Principal Arterial Roadway Planning Capacity (AADT) 37,231 Z25-07 Staff Report BOC 6.2.25 Page 8 of 14 Latest Traffic Volume (AADT) 41,500 (2023) Latest WMPO Point-in-Time Count (DT) 45,857 (2024) Current Level of Congestion Over 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 29 11 -18 PM Peak Hour Trips 58 14 -44 Assumptions Approved Development – 2,400 sq ft for a bank and financial institution Proposed Development – Two buildings consisting of 4,200sq ft and 2.400 sq ft for the primary use of office and retail 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 subject site is located at the intersection of Torchwood Blvd, a NCDOT maintained minor collector street, and Market Street, a NCODT maintained principal arterial street, which is currently over capacity. The proposed change to the site is estimated to result in a decrease in both the AM and PM peak hours compared to current zoning. In addition, Market Street is currently under construction to address current roadway conditions. A bike and pedestrian path will also be installed along the Market Street right-of-way as part of the Market Street improvements. Z25-07 Staff Report BOC 6.2.25 Page 9 of 14 ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Pages Creek watershed. • New Hanover County Conservation Resource map indicates no known conservation resources on the property. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class 1 (suitable with slight limitations) soils, however the project will connect to CFPUA when developed. 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 proposed project would address the county’s strategic goal of maintaining new business growth within 2.5% of the state by allowing additional locations for new businesses. Z25-07 Staff Report BOC 6.2.25 Page 10 of 14 Representative Developments Representative Developments of Current Zoning: State Employees Credit Union on Market Street Representative Developments of Office and General Retail: Murrayville Station Z25-07 Staff Report BOC 6.2.25 Page 11 of 14 Context and Compatibility • The property is located along the Market Street corridor, which, as a principal arterial, is one of the more intensely developed commercial corridors in the unincorporated county. • The site is located at the southern extent of 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, the highest intensity place type in the 2016 Comprehensive Plan. • While many properties with frontage along Market Street retain their initial R-15 zoning, this corridor functions as a main commercial corridor with smaller, residentially zoned properties transitioning to commercial property. • The proposed limited uses for the site could serve the existing surrounding community and would act as a transition to the lower density residential subdivisions to the west. In addition, the applicant proposes to keep the original conditions related to lighting and buffers to the neighboring residential properties. 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. Z25-07 Staff Report BOC 6.2.25 Page 12 of 14 Analysis The subject site is located along a major arterial in a location that is likely to continue to develop with commercial uses to serve nearby residents. The Market Street corridor in this area of the county is one of the county’s most heavily traveled commercial corridors, and the site is between the Porters Neck growth node and the Odgen commercial node, both of which are classified under the county’s highest intensity place type. The proposed uses are consistent with those encouraged within the Community Mixed Use place type, and development of the site with these lower intensity commercial uses can serve as a transition between the Urban Mixed Use areas to the north and south. Though the site has historically been used as a buffer between Rockport at West Bay Estates and Market Street, development of the site with the proposed uses under the CB zoning district may be appropriate with the application of the UDO’s regulations on landscaping, buffering, and lighting. Development in the CB district is intended to be designed in a form and at a scale that is both walkable and accessible to vehicles and located at intersections and along streets that will allow multiple neighborhoods access to the district’s businesses. The district is also intended to serve as a buffer between higher density/intensity development and moderate or low- density multi-family and single-family neighborhoods. The proposed uses at the subject site are in line with the intent of the district. Consistency Recommendation The proposed (CZD) CB district is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed limited uses are recommended for Community Mixed Use place type, and the project includes additional conditions to reduce impacts on adjacent residential development. PLANNING BOARD ACTION The Planning Board considered this item at the May 1, 2025 meeting. One member of the public expressed a general question regarding the Market Street/ Torchwood intersection and the access to the property. After some discussion from the board with the applicant the matter was resolved. Board discussion focused on the staff-recommended uses for the site and recommended revising the language for veterinary services to specify that kennels and outdoor storage are not allowed. In addition, they advised removing day care as a permitted use due to concerns about safety and potential environmental hazards. 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. Retail hours shall be limited to 8 AM to 7 PM 2. The height of the exterior light fixtures shall not exceed 25 feet and all exterior luminaries, including security lighting, shall be full cut-off fixtures that are directed downward. Z25-07 Staff Report BOC 6.2.25 Page 13 of 14 3. An additional row of vegetation beyond the UDO requirements shall be provided in the buffer area along the northwestern property line. 4. The location of the dumpster shall be on the south side of the property and screened with vegetation. 5. The proposed rezoning’s principal use shall be limited to: a. Retail Sales (General), b. Offices for Private Businesses and Professional Activities c. Business Service Center d. Post Office e. Medical and Dental Office and Clinic f. Veterinary Service (Excluding outdoor storage or kennels) g. Instructional Services and Studios h. Personal Servies (General) 6. The back facade of the commercial building facing Torchwood Blvd must be aesthetically similar as the face of the building. The rear of the building must be screened from Torchwood Blvd. 7. Additional plantings must be provided along Market Street to qualify for the 75-foot setback set forth by the Special Highway Overlay District. 8. The existing live oak tree shown on the concept plan shall be retained on site. The Planning 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 recommendations of the Community Mixed Use place type. The Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the site is located along a commercial corridor near existing commercial uses. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The Board of Commissioners previously approved a conditional rezoning of (CZD) CB for this site on June 6, 2022. The request under consideration includes retaining existing conditions and adding new conditions related to aesthetic requirements, tree retention, and an expanded list of limited uses. The proposed limited uses are in line with the recommendations for the Community Mixed Use place type, includes low traffic generators, and is located near supportive land uses. As a result, Staff concurs with the Planning Board’s recommendation 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 limited uses are recommended for Community Mixed Use place type, and the project includes Z25-07 Staff Report BOC 6.2.25 Page 14 of 14 additional conditions to reduce impacts on adjacent residential development. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal serves as an appropriate transition between existing residential and commercial uses. Existing Conditions to Remain: 1. Retail hours shall be limited to 8 AM to 7 PM 2. The height of the exterior light fixtures shall not exceed 25 feet and all exterior luminaries, including security lighting, shall be full cut-off fixtures that are directed downward. 3. An additional row of vegetation beyond the UDO requirements shall be provided in the buffer area along the northwestern property line. 4. The location of the dumpster shall be on the south side of the property and screened with vegetation. Additional Conditions Agreed to by Applicant: 1. The proposed rezoning’s principal use shall be limited to: a. Retail Sales (General), b. Offices for Private Businesses and Professional Activities c. Business Service Center d. Post Office e. Medical and Dental Office and Clinic f. Veterinary Service (Excluding outdoor storage or kennels) g. Instructional Services and Studios h. Personal Servies (General) 2. The back facade of the commercial building facing Torchwood Blvd must be aesthetically similar as the face of the building. The rear of the building must be screened from Torchwood Blvd. 3. Additional plantings must be provided along Market Street to qualify for the 75-foot setback set forth by the Special Highway Overlay District. 4. The existing live oak tree shown on the concept plan shall be retained on site. 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 project allows for the types of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the expanded list of allowed uses is not compatible with the surrounding land uses.