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HomeMy WebLinkAboutZ24-07 BOC Staff ReportZ24-07 Staff Report PB 5.2.2024 Page 1 of 13 STAFF REPORT FOR Z24-07 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-07 Request: Rezoning to a CB (Community Business) district Applicant: Property Owner(s): Samuel B. Franck on behalf of YMCA of Southeastern NC, Contract Purchaser Corbett Package Company Location: Acreage: 6000 Block of Sidbury Rd 53 acres PID(s): Comp Plan Place Type: R01900-002-003-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the CB district. Current Zoning: Proposed Zoning: R-15, Residential CB, Community Business SURROUNDING AREA LAND USE ZONING North Undeveloped R-15 East Undeveloped R-15 South Mini Storage (zoning approved but not yet built), Single-Family Residential (TIA approved for an R-15 performance residential subdivision) (CZD) B-2, R-15 West Single Family Residential (Sidbury Station) R-15 Z24-07 Staff Report PB 5.2.2024 Page 2 of 13 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8A) COMMUNITY SERVICES Water/Sewer Water and sewer services are anticipated to be provided via CFPUA upon completion of utility line extensions. New Hanover County is partnering with CFPUA to extend utilities to this area of the county. Those extensions should be in place by the end of 2025 given the current timeline. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Station Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools Recreation Blue Clay Bike Park, Northern Regional Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation resource maps indicate pocosin wetlands exist on the property. Projects containing 5 acres or more of pocosin conservation resources are required to comply with additional buffer and conservation standards in Section 5.7 of the Unified Development Ordinance. Historic No known historic resources Archaeological No known archaeological resources Z24-07 Staff Report PB 5.2.2024 Page 3 of 13 APPLICANT’S PROPOSAL • The applicant is proposing to rezone one parcel totaling approximately 53 acres from R- 15, Residential district to the CB, Community Business District. • According to the applicant, the requested CB zoning district is more appropriate for the tract than the current R-15 zoning as the Comprehensive Plan calls for land uses that encourage physical activity and the cultivation of healthy lifestyles. • 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), including lighting and vegetative buffers. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. New Hanover County has partnered with CFPUA to extend utilities in this area of the county to support future growth. • As currently zoned, the subject site would allow 132 single-family dwellings in a performance residential subdivision. • The Community Business (CB) district was established to provide lands that 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. • While the full list of uses allowed in the CB district is attached, typical uses allowed by right in the district include : o Bank or Financial Institution o Restaurant o Offices o Food Market o Pharmacy o Retail o Gym/Fitness and Recreation • The CB district requires a 25-foot rear setback where it abuts residentially zoned properties. • The maximum building height in the CB district is 50 feet. • The UDO requires a Type A: Opaque buffer where commercial uses abut residential uses. If approved a Type A buffer would be required on the northern, eastern, and western property boundaries. Z24-07 Staff Report PB 5.2.2024 Page 4 of 13 • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties that abut the site shall not exceed 0.5 foot candles and 25 feet in height. The UDO specifies that all exterior luminaries for nonresidential adjacent to single-family residential districts shall be full cut-off features that are directed downward. In no case shall lighting be directed at or above a horizontal plan through the lighting fixture. • If approved, the project would be subject to Technical Review Committee and zoning compliance review processes to ensure full compliance with all ordinance requirements. AREA DEVELOPMENTS Z24-07 Staff Report PB 5.2.2024 Page 5 of 13 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 132 single-family dwelling units. PROPOSED ACCESS Primary Access This site has direct full access on Sidbury Road. Because this is a straight rezoning future site access would be reviewed by the County’s TRC and NCDOT. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Sidbury Road Type of Roadway NCDOT minor collector Z24-07 Staff Report PB 5.2.2024 Page 6 of 13 Roadway Planning Capacity (AADT) 10,979 Latest Traffic Volume (AADT) 3,200 vehicles (2021) Latest WMPO Point-in-Time County (DT) 2,546 vehicles (September 2022) Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS R-3300A – Hampstead Bypass (2026 Start Date) - Project to construct a new facility from I-140 to NC Highway 210. TRAFFIC GENERATION Traffic Generated by Present Designation Potential By- Right Development under Proposed Zoning- Health & Fitness Club1 Potential By- Right Development under Proposed Zoning- Food Market2 Potential By- Right Development under Proposed Zoning- Shopping Center3 AM Peak Hour Trips 92 71 129 558 PM Peak Hour Trips 124 186 403 540 Assumptions 1 Using an example YMCA in Wilmington, located at 2710 Market St which is approximately 54,000 sq ft – ITE Code 492 Health/Fitness Club 2 Using an example food market in Northern New Hanover County, Lowes Foods located at 2316 N College Rd which is approximately 45,000 sq ft – ITE Code 850 Supermarket 3 Using ITE calculations for a Shopping Plaza between 40k sq ft and 150k sq ft without supermarket, 100,000 sq ft – ITE Code 821 Shopping Plaza 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. Per the WMPO, based on the size of the parcel and variety of uses allowed by-right in the CB district, a TIA will more than likely be required, especially if the site is developed with a combination of multiple land uses. Z24-07 Staff Report PB 5.2.2024 Page 7 of 13 SUMMARY The proposed project is located along a minor collector road that currently has available capacity. The site can be accessed directly from Sidbury Road. There are several nearby Traffic Impact Analyses in the area, including Sidbury Station, Avenue One and Sidbury 187 residential projects. Required improvements for these include installation of traffic lights along Sidbury Road at Dairy Farm Road, Edna Buck Drive and a third at a site access to the east of this subject parcel. Traffic Impact Analyses are not required for straight rezonings, but with the acreage of the parcel and the variety of by-right development permitted in the CB District, a TIA will likely be required, especially if the site is developed with multiple uses. If a TIA is required, the TIA must be approved by the WMPO and NCDOT before TRC review and approval. ENVIRONMENTAL • This site is not within a Natural Heritage Area. • Conservation resource maps indicate pocosin wetlands exist on the property. Projects containing 5 acres or more of pocosin conservation resources are required to comply with additional buffer and conservation standards in Section 5.7 of the Unified Development Ordinance. • This site is not located in a Flood Hazard Area. • The property is within both the Prince George and Island Creek watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) & Class III (severe limitation) soils. Z24-07 Staff Report PB 5.2.2024 Page 8 of 13 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. This rezoning would provide lands that lead to community-serving business growth, aiming to hit the target of maintaining new business growth within 2.5% of the state. Through planned growth and development, residents have access to their basic needs. With the growth of housing on the Sidbury Road corridor, the proposed CB district will set up the ability for by-right development for area-serving businesses, including grocery stores, retail, financial and medical offices. Z24-07 Staff Report PB 5.2.2024 Page 9 of 13 Representative Developments Representative Developments of R-15 (Existing Zoning): Sidbury Station Sidbury Station Z24-07 Staff Report PB 5.2.2024 Page 10 of 13 Potential Developments of CB: YMCA Wilmington – Market St Northchase Shopping Center – N College Rd Z24-07 Staff Report PB 5.2.2024 Page 11 of 13 Context and Compatibility • This project has direct, full access to Sidbury Road and is in proximity to several current and proposed large-scale residential developments. • Due to the extension of public water and sewer to the Sidbury Road corridor, development is more feasible. • At full build out the Sidbury Station subdivision will have 758 single family dwelling units, and the Sidbury Crossing multi-family project will have 288 dwelling units. • Additional residential development permitted under the R-15 district is currently under review by the TRC. This would bring an additional 1,462 dwelling units along Sidbury Road. • Currently the nearest community services such as medical, personal, retail, and grocery stores are approximately 3 miles to the southwest at the Northchase commercial center. • Approved TIAs for current development are expected to mitigate additional traffic on Sidbury Road. In addition, if the rezoning is approved, NCDOT may require additional area improvements based on future development proposals. • Cape Fear Moving Forward: 2045, the WMPO’s current Metropolitan Transportation Plan, includes a modernization project to bring Sidbury Road to current design standards. This is programmed to include widening the current travel lanes to 12’ with the installation of a 10’ multi-use path. • The subject site is located approximately halfway between the intersection at Dairy Farm Rd and the future Hampstead bypass interchange, where a commercial node would be appropriately located. • Increased commercial development is expected along the Sidbury Road corridor. Providing areas for future commercial development allows for community level goods and services to support the surrounding neighborhoods. 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 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 parcel is located on the Sidbury Road corridor, an area of the County that has seen increased interest in growth due to the extension of public water and sewer. There are several nearby and planned housing developments. This area is classified as Community Mixed Use by the 2016 Comprehensive Plan. This place type is intended to foster commercial growth to serve nearby residential areas. While the place type is conducive to this type of development, the current zoning does not allow commercial growth. Because the surrounding area remains zoned for low-density residential, there are no commercial services to serve existing and future area residents. The proposed Community Business district would establish an area for the type of commercial growth that is compatible with nearby residential development. The CB district would allow by-right development to provide this corridor with recreational, office, retail and light commercial uses that are consistent with the intent of the Community Mixed Use place type and could support surrounding neighborhoods. Consistency Recommendation The proposed CB rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district provides uses that are in line with the recommendations of the Community Mixed Use place type, and the CB district would provide neighborhood-serving commercial development for the Sidbury Road area. Z24-07 Staff Report PB 5.2.2024 Page 13 of 13 PLANNING BOARD ACTION The Planning Board considered this item at their May 2, 2024 meeting. There was some concern expressed about a straight rezoning from some of the Board members and the variety of by-right development allowed in the CB district. However, the Board members felt that the creation of the district in the area would serve to create a commercial node that would overall be beneficial for the Sidbury Road corridor. The Board voted (5-1) to recommend approval of the Community Business rezoning request. Clark Hipp dissented, stating overall discomfort with the straight rezoning. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the district would act as a community service business node to serve the surrounding area. STAFF RECOMMENDATION The property is located on the Sidbury Road corridor, an area of the County that has seen increased interest in growth due to the extension of public water and sewer. The surrounding area is largely residential but is classified as Community Mixed Use by the 2016 Comprehensive Plan, which recommends a mix of residential and area-serving commercial uses. The proposed CB zoning would allow by-right development which would serve existing and future nearby residents. 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 Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the district would act as a community service business node to serve the surrounding 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 DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents, I find DENIAL of the rezoning request is reasonable and in the public interest because the variety and potential scale of by- right uses in the straight CB district may adversely impact the Sidbury Road corridor and nearby residents.