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HomeMy WebLinkAboutBOC Staff ReportZ23-04M Staff Report BOC Page 1 of 16 STAFF REPORT FOR Z23-04M CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-04M Request: Rezoning to a Conditional RMFL and a Conditional B-2 district Applicant: Property Owner(s): Corrie Faith Lee with Equitas Law Partners LLP River Road Construction, LLC Location: Acreage: 6900 and 6904 Carolina Beach Road 13.94 acres PID(s): Comp Plan Place Type: R08200-001-010-000, R08200-001-012-000 Community Mixed Use, General Residential Existing Land Use: Proposed Land Use: Single Family Residential, Undeveloped 85 Attached Residential Units and 36,000 SF of Mini Storage Current Zoning: Proposed Zoning: (CZD) RMF-L, Residential Multi-Family Low Density, and (CZD) B-2, Regional Business (CZD) RMF-L, Residential Multi-Family Low Density, and (CZD) B-2, Regional Business SURROUNDING AREA LAND USE ZONING North Single-Family Residential, Conservation Land R-15 East Carolina Beach Road, Single Family Residential R-15 South Single Family Residential, Undeveloped Land, Commercial R-15, B-1 West Conservation Land R-15 Z23-04M Staff Report BOC Page 2 of 16 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) June 16, 2014 Rezoned to (CZD) O&I for Boat and RV storage with 74 berths permitted outside. March 6, 2023 Rezoned to (CZD) RMF-L, Residential Multi-Family Low Density and (CZD) B- 2, Regional Business. The site has not been developed for this use. COMMUNITY SERVICES Water/Sewer Water and public sewer services are not available through CFPUA. The project will connect to Aqua Utilities by extension of private utility mains. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological No known archaeological resources. Z23-04M Staff Report BOC Page 3 of 16 EXISTING ZONING • In 2023 the applicant rezoned the property from R-15 and (CZD) O & I to RMF-L and B-2 to develop 126 residential-multifamily units and 36,000 square feet of mini storage. • The approved concept plan includes the approximate layout and location of the 7 residential buildings along with the pool and clubhouse amenity and the location of the mini storage building. A condition limits the buildings to a maximum of 3 stories, a limit required by the UDO. • The plan’s driveway access is shown farther south on Carolina Beach Road, away from Southern Charm Drive. • Approved conditions include no outdoor storage in the B-2 district, site access, a height limit of 3 stories or 50’, and the bufferyard. APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Overall Concept Plan Storage Facility Attached Dwellings Stormwater Pool and Clubhouse Open Space Pool and Clubhouse Open Space Stormwater Z23-04M Staff Report BOC Page 4 of 16 Applicant’s Concept Plan – (CZD) B-2 Storage Facility • Approved in 2023, the B-2 portion of the site plan has no proposed changes and will remain the same, as currently approved. • Conditions associated with the building’s size and footprint are to remain the same. • Access to Carolina Beach will remain as approved, as well as access to the residential portion of the site. Applicant’s Concept Plan – (CZD) RMF-L Row-Style Units Storage Facility Access to RMF-L Access to Carolina Beach Rd Access to B-2 Access to Southern Charm Dr Stormwater Attached Dwellings Pool and Clubhouse Open Space Z23-04M Staff Report BOC Page 5 of 16 • The applicant is proposing to rezone the (CZD) RMF-L portion replacing the multi-family units with single-family row-style homes. • The applicant is proposing to construct 85 single-family units consisting of a mix of row-style dwellings, quadraplexes, triplexes, and duplexes, resulting in a decrease of 41 units from the existing zoning of 126 units. • The single-family units will have two to three bedrooms each and be located within 13 buildings. The buildings are proposed to be a maximum of three stories, a limit required by the UDO. This height maximum is included as a specific condition and would not be allowed to be increased if the ordinance was amended to allow taller buildings. • The applicant’s proposed conceptual plan indicates that 6.41 of the 12.66 acres in RMF-L (about 50%) of the site will be reserved as open space at the western end of the project site. Open space will remain wooded with pedestrian access from adjacent parking areas. ZONING CONSIDERATIONS • The R-15 zoning 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 subject 13.94-acre site is currently part of two parent parcels totaling approximately 33.7 acres in area. The remaining property not included with this proposal will remain zoned R-15. • In June 2014, 5.71 acres of the property was rezoned in 2014 to (CZD) O&I, Office and Institutional District, to develop and operate a Recreational Vehicle and Boat Trailer Storage Facility. • If developed under current zoning, the site would allow for 126 multi-family low density residential units to equate to an overall density of 9.95 du/acre, while the proposed project of 85 single-family row-style homes will equate to a reduced density of 6.7 du/acre. • Row-style single-family homes are a type of townhome development defined as a residential development containing five or more dwelling units that are attached horizontally through common walls, occupying space from the ground to the roof of the building. Quadraplexes consist of four units, triplexes have three units, and duplexes have two attached units. • Section 5.4 of the UDO requires a Type A: Opaque Buffer between the project and the existing single-family neighboring use. • Specifically, along Carolina Beach Road mini warehouse/self-storage design standards are regulated in the UDO, Section 4.3.4.C.2. These include but are not limited to the use of natural colors on the façade, and the use of metal as a primary material is prohibited on walls facing arterial streets and residential development unless in the form of architecturally concealed fastener metal panels or a mix of types with non-fastener panels consisting of less than 50% of the metal paneling used. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not Z23-04M Staff Report BOC Page 6 of 16 exceed 0.5-foot candles. The UDO does prescribe limitations on height, wattage, bulb- type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • 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. AREA DEVELOPMENTS Z23-04M Staff Report BOC Page 7 of 16 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Development under current zoning would allow a maximum of 126 residential multi-family units and 36,000 square feet of mini storage. PROPOSED ACCESS Primary Access Carolina Beach Road Secondary Access Southern Charm Drive EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road. Type of Roadway NCDOT principal arterial Z23-04M Staff Report BOC Page 8 of 16 Roadway Planning Capacity (AADT) 41,368 Latest Traffic Volume (AADT) 34,000 (AADT 2023) Latest WMPO Point-in-Time Count (DT) 36,555 (September, 2024) 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 68 45 -23 PM Peak Hour Trips 81 53 -28 Assumptions Typical Development with Existing Conditions – 126 multi-family units and 36,000 square feet of mini storage. Proposed Development – 85 unit single-family attached homes, and 36,000 square feet of mini storage. 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 principal arterial highway that has available capacity. The proposed access is located north of the entrance to the River Oaks community and between two nearby U-turn movements on Carolina Beach Road. Currently there are no State Transportation Improvement Projects (STIP) identified in the immediate area to address current conditions. Several other projects are currently under review or development in the vicinity, and while their traffic impact analyses did not take this proposal into account, all were developed to account for general traffic growth in the area. 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. Z23-04M Staff Report BOC Page 9 of 16 • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lord’s Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitations) soils; however, the project is proposed to be served by private utilities. OTHER CONSIDERATIONS Schools ENVIRONMENTAL PUBLIC SCHOOL ENROLLMENT ZONES Elementary School Anderson Elementary 2024-2025 Capacity 91% Middle School Murray Middle 2024-2025 Capacity 102% High School Ashley High 2024-2025 Capacity 100% 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) 0.09 - Higher than the County-Wide Generation Rate SGR Trend (20-21 to 24-25) Decrease of 0.05 public school students per residential unit POTENTIAL PROJECT STUDENT IMPACT Intensity of Current Zoning: Approved Development under current zoning would allow a maximum of 126 apartments. Proposed Development: 85 Single-family row-style residential units Z23-04M Staff Report BOC Page 10 of 16 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 RMF-L rezoning will provide new attached single-family row-style units at a lower density than what is currently in place, in an area of the county that is largely single-family, detached but could still aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. Natural areas and critical environmental features are enhanced and protected. The conceptual plan included as part of the proposed rezoning shows an approximate 6.41 acres of contiguous land to remain in its natural state with established vegetation. Students Generated by Current Zoning Students Generated by Proposed Zoning Potential Impact of Proposed Project Elementary School 10 7 -3 Middle School 5 4 -1 High School 9 6 -3 TOTAL 24 16 -8 Sources 2024-2025 NHC Student Yield Analysis SUMMARY The proposed project is anticipated to be built out within five years, and currently, both the public middle and high schools that serve this area are at or over capacity. However, the students generated by the proposed development are fewer than would be generated if the property was developed under the current zoning. Z23-04M Staff Report BOC Page 11 of 16 Representative Developments Representative Developments of (CZD) RMF-L and B-2 (Existing Zoning): Stephens Pointe Pinnacle Storage in Wilmington Z23-04M Staff Report BOC Page 12 of 16 Representative Developments of Proposed Single Family Row-Style Units: Echo Farms Context and Compatibility • The property is located at 6900 Carolina Beach Road. The proposed access from Carolina Beach Road will be a shared access for both the multi-family residential and the mini storage with additional access from Southern Charm Drive. • All traffic exiting the site must make a right turn onto Carolina Beach Road and U-turn to head north. There is no pedestrian infrastructure located on the properties adjacent to the site; however, there are long-term plans for bike and pedestrian infrastructure in this area. • Adjacent property to the south is single-family residential and to the west is conservation land, however the general vicinity along Carolina Beach Road has varying densities of R- 15 single-family residential development and B-1 commercial to the south on Carolina Beach Road. • As currently zoned, the RMF-L is approved for 126 apartments, and the B-2 is approved for 36,000 square feet of mini storage. • The proposed concept plan retains the current approved commercial use along Carolina Beach Road, a developing commercial corridor. Lower-density multi-family housing is now proposed between existing R-15 and performance R-15 in the area, providing an improved transitional type of infill development. Single-family attached dwellings will offer an alternative housing type to the existing single-family housing in the vicinity. The proposed single-family housing is more compatible with the adjacent residential land uses than the approved multi-family apartments. Z23-04M Staff Report BOC Page 13 of 16 • This portion of the county and the Carolina Beach Road corridor have experienced a gradual shift from the original R-15 zoning to more commercial districts along Carolina Beach Road and more dense residential uses, either fronting Carolina Beach Road or behind commercial businesses along Carolina Beach Road, a trend that is expected to continue. 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, General Residential Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. Place Type Description Community Mixed Use: 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. General Residential: 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. Z23-04M Staff Report BOC Page 14 of 16 Analysis The Comprehensive Plan designates these two parcels as Community Mixed Use and General Residential. The Community Mixed Use place type encourages a mix of commercial and moderate density residential development. The General Residential place type encourages lower density housing and office and retail uses. The Community Mixed Use place type promotes a mix of retail and residential development at moderate densities of up to 15 units per acre. General Residential encourages a slightly lower density of 8 dwelling units per acre. The Carolina Beach Road corridor is designated as Community Mixed Use, which encourages higher-intensity mixed use. There are no existing bike and pedestrian facilities on adjacent properties or in the vicinity. The proposed mixed-use project would provide a commercial use along a developing commercial corridor which will serve as a transition between Carolina Beach Road and low-density multi-family residential in the rear of the property. The RMF-L proposal would increase land efficiency and provide a larger variety of housing to the area while serving as a transition between existing residential neighborhoods, meeting the intent of the place type. Consistency Recommendation The proposed conditional B-2 and RMF-L rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it is in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types. PLANNING BOARD RECOMMENDATION The Planning Board considered this application at their June 5, 2025 meeting. One member of the public spoke in opposition to the request citing concerns about traffic and concerns regarding access to Southern Charm Drive. The Board then discussed the potential effects of the connection to Southern Charm Drive with the existing neighborhood to the north, also considering the County’s interconnectivity policies and guidance. Following Board discussion and agreement by the applicant, the Planning Board voted (4-0 due to recusal of Colin Tarrant and Hansen Matthews) to recommend approval of the proposed rezoning with a condition that the connection to Southern Charm Dr. be gated. The applicant consented to the conditions and the Planning Board voted (4-0), with Chair Colin Tarrant and Hansen Matthews recusing themselves, to recommend approval of the proposed rezoning with the following conditions: Z23-04M Staff Report BOC Page 15 of 16 1. Any RV and Boat storage must be located on the interior of the mini storage and may not be visible from a public right-of-way. 2. The access easement from Southern Charm to Carolina Beach Road shall be public. 3. The access easement from Carolina Beach Road shall not be gated. 4. Single-family Row-Style structures shall be limited to three stories. The mini storage height will be limited to 3 stories or 50 feet. 5. The buffer yard between the new residential structures and the adjacent residential structures shall be no less than 20 feet. 6. The mini storage structure will be limited to a 12,000 square foot maximum building footprint and a 36,000 gross square foot maximum. 7. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. The Board found it to be CONSISTENT with the Comprehensive Plan because the project is in line with the use and density for the General Residential and the Community Mixed Use place types. The Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the because the proposed rezoning would provide additional types of housing and greater land efficiency. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The proposed modification of the rezoning provides additional housing types to the area at a slightly lower density than current zoning, while retaining approximately 6.41 acres of naturally vegetated open space on the site. Although the Planning Board recommended amending condition 3 to allow for a gate, Staff is recommending that the original condition requiring a full access connection with Southern Charm Dr., a publicly dedicated and maintained roadway, remain, as it would allow additional traffic movement options on and off of Carolina Beach Rd. for existing and future residents and was a required condition of the existing (CZD) zoning district. Condition 4 recommended limiting the row-style homes to three stories, staff is recommending the condition be expanded to include all attached dwelling unit types possible on the site including quadraplexes, triplexes, and duplexes. 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 it is in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed rezoning would provide additional types of housing and greater land efficiency. Z23-04M Staff Report BOC Page 16 of 16 Proposed Conditions: 1. Any RV and Boat storage must be located on the interior of the mini storage and may not be visible from a public right-of-way. 2. The access easement from Southern Charm to Carolina Beach Road shall be public. 3. The access easements from both Southern Charm Drive and Carolina Beach Road shall not be gated. 4. Single-family attached structures shall be limited to three stories. The mini storage height will be limited to 3 stories or 50 feet. 5. The buffer yard between the new residential structures and the adjacent residential structures shall be no less than 20 feet. 6. The mini storage structure will be limited to a 12,000 square foot maximum building footprint and a 36,000 gross square foot maximum. 7. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. 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 it is in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposed rezoning is a lower density than current zoning in an area of the county where multi-family residential development is more limited.