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Z22-05 Staff Report BOC 4.20.2022 - Z22-05 Staff Report BOC 5.2.2022 Page 1 of 17 STAFF REPORT FOR Z22-05 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-05 Request: Rezoning to a (CZD) R-7, Residential to develop 44 townhomes Applicant: Property Owner(s): Cindee Wolf, Design Solutions Har-Ste Investments, L.L.C. Location: Acreage: 300 block of Edgewater Club Road 7.32 acres PID(s): Comp Plan Place Type: R03700-004-441-000 General Residential Existing Land Use: Proposed Land Use: Undeveloped 44 Single Family Attached Townhomes Current Zoning: Proposed Zoning: R-20, Residential (CZD) R-7, Residential Z22-05 Staff Report BOC 5.2.2022 Page 2 of 17 SURROUNDING AREA LAND USE ZONING North Undeveloped R-20 East Single-Family Residential R-20 South Single-Family Residential, Institutional R-20 West Single-Family Residential R-20 ZONING HISTORY July 6, 1971 Initially zoned R-20 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. Z22-05 Staff Report BOC 5.2.2022 Page 3 of 17 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to rezone approximately 7.32 acres 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 applicant has indicated that the subject property will be subdivided into 44 lots, and the area outside of the lots will be dedicated common area in which a Homeowners Association will assume responsibility for maintenance of the open space, pool amenity, and other common areas within the development. • The units will be located in rows of 4 with a maximum of 2 ½ stories including a first level garage, ranging in size from approximately 2,400-2,800 square feet. Some changes to building configuration are possible. • Owners will have garage space for 1-2 vehicles plus a parking pad to allow for 2 additional vehicles. Guest parking illustrated at this time is conceptual, the specific number of guest parking spaces will be determined during the TRC approval process. All proposed parking will be required to meet Ordinance requirements. • The applicant’s proposed conceptual plan includes a fenced buffer yard on all sides, which meets the ordinance requirements. • The conceptual plan complies with the County’s standards for a Major Site Plan, including zoning dimensional standards. Z22-05 Staff Report BOC 5.2.2022 Page 4 of 17 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. • When the R-20 district was first applied to this area in the 1970s, many homes in the rural unincorporated areas of the County utilized private well and septic. Water and sewer are now available in the area, and the applicant is proposing connections to the CFPUA for water and sewer. • As currently zoned, the site would permit up to 14 dwelling units at a density of 1.9 du/ac. • The R-7, Residential district was established to provide lands that accommodate moderate density residential development with a range of housing types that are located in walkable distances to jobs and services and, where appropriate, serve as a transition between more intensive and lower density areas. • The site and surrounding land are zoned R-20, much of which has been developed for residential purposes. The adjacent property to the north zoned R-20 is currently undeveloped and to the south is an elementary school. • Although no lots will face an adjacent owner’s backyard, street lighting will be required near adjacent neighbors. 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 County’s UDO requires a 10’ fenced vegetated buffer around the development. • The applicant has provided elevations depicting the intended design of the single-family townhomes as part of the application package. The sample renderings provided by the applicant are intended to be representative but are not conditioned. • 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. Z22-05 Staff Report BOC 5.2.2022 Page 5 of 17 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-05 Staff Report BOC 5.2.2022 Page 6 of 17 TRANSPORTATION • The applicant has proposed two full access driveways to the subject property, one from Edgewater Club Road and one from Waterstone Drive, both classified as local by NCDOT. • As currently zoned, it is estimated the site would generate about 13 trips during the peak hours if developed at the permitted density. The proposed R-7 development would increase the estimated number of peak hour trips by approximately 12 trips. • 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). Z22-05 Staff Report BOC 5.2.2022 Page 7 of 17 • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Edgewater Club Road 300 block 6,100 10,979 0.55 • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the Level of Service (LOS) in vehicle delay per second at two notable intersections in the area, the roundabout at Porters Neck Road/Edgewater Club Road/Shiraz Way and the intersection of Market Street and Porters Neck, as reported in TIA19-04 Porters Neck – The Oaks at Murray Farms. • The roundabout at Porters Neck Road/Edgewater Club Road/Shiraz Way was anticipated to function at LOS A with a typical 9/10 delay in seconds when the Oaks at Murray Farm project was built. • The intersection of Market Street and Porters Neck was anticipated to function at LOD D with a typical 45/49 delay in seconds when the Oaks at Murray Farm project was built. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 14 Single-Family Dwellings 10 AM / 13 PM Proposed Development: 44 Single-family attached townhomes 21 AM / 25 PM Z22-05 Staff Report BOC 5.2.2022 Page 8 of 17 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Z22-05 Staff Report BOC 5.2.2022 Page 9 of 17 Proposed Development Land Use/Intensity* TIA Status 1. The Oaks at Murray Farm • 204 Apartments • 34 Duplex Units • 62 Single-Family Dwellings • Approved December 6, 2019 • Full Build 2023 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a second westbound right-turn lane on “Old” Market Street at Hwy 17 • Revising signal plan to modify phase at the Hwy 17 and “Old” Market Street intersection. Nearby Proposed Developments included within the TIA: • Waterstone Development Status: No construction has occurred at this time. *The TIA analyzed 406 dwelling units on the subject site. Shown are the 300 units approved by the Board of Commissioners. 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. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Porter’s Neck Elementary School, Holly Shelter Middle School, and Laney High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 14 dwelling units would be permitted under the current R-20 zoning base density, and 44 units could potentially be developed under the proposed zoning for an increase of 30 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 7 additional students than would be generated under current zoning. However, one of the proposed conditions would limit the project to age restricted housing for individuals aged 55 and above, which would result in no new additional students. Z22-05 Staff Report BOC 5.2.2022 Page 10 of 17 • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 14 residential units Approximate** Total: 3 (1 elementary, 1 middle, 1 high) Proposed Zoning 44 residential units Approximate** Total: 10 (4 elementary, 2 middle, 4 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2021-2022 School Year) Level Total NHC Capacity School Projected Enrollment of Assignment School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 95% Porters Neck 473 552 86% None Middle 108% Holly Shelter 965 934 103% None High 100% Laney 2125 2013 106% None *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021-2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021-2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. Z22-05 Staff Report BOC 5.2.2022 Page 11 of 17 • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. New Hanover County Strategic Plan • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed R-7 zoning district would allow for an increase in housing diversity and allow for those new residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached. Under the proposed R-7 district, single family detached would decrease (80% to 79%), and single family attached units would increase (6% to 7%). • The subject property is located in the Porters Neck community area, where 68% of residents currently live within one-mile of a support service (urgent care, primary doctor’s office, child & adult care, etc.), and 60% live within one-mile of a community facility (public park, school, museum etc.). • With the proposed number of units, the number of residences within one-mile of a support service would increase (68% to 69%) whereas the percentage of residences within one-mile of a community facility would remain at 60%. Z22-05 Staff Report BOC 5.2.2022 Page 12 of 17 REPRESENTATIVE DEVELOPMENTS Representative Developments of R-20: Z22-05 Staff Report BOC 5.2.2022 Page 13 of 17 Representative Developments of R-7: Z22-05 Staff Report BOC 5.2.2022 Page 14 of 17 Context and Compatibility • The property is located off of Edgewater Club Rd, a NCDOT classified local road that connects to Porters Neck and Market Street. Two driveway entrances provide access to Edgewater Club Road and Waterstone Drive. • The site is one of few undeveloped tracts located adjacent to a single-family residential neighborhood, single family homes, and across the street from an elementary school. The development is designed like a traditional attached single-family neighborhood with parking pads and one- or two-car garages. • The proposed attached homes will be 1 ½ stories above a garage (for a maximum height of 2 ½ stories) and are restricted to the maximum 40-foot height as required by the County’s UDO. • A 10’ fenced buffer yard is required by the UDO and shown on the plan; however, the applicant has not provided information on the timing of the fence installation prior to construction. • 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 project is designed to where no lots face into an adjacent property owner’s backyard; however, street lighting will be in close proximity to adjoining property owners’ backyards. 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. • The development would have minimal impact on the school system. Z22-05 Staff Report BOC 5.2.2022 Page 15 of 17 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 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 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 6 dwelling units per acre for the proposed R-7 development is within the preferred density range for the General Residential place type (0-6 units per acre). The proposed townhome product clusters dwelling units together, 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 Z22-05 Staff Report BOC 5.2.2022 Page 16 of 17 height limits for the proposed townhome structures are in-line with the single- family homes in the existing 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 rezoning from R-20 to (CZD) R-7 is generally CONSISTENT with the 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. PLANNING BOARD ACTION The Planning Board considered this application at their April 7, 2022 meeting. At the meeting, several members of the public voiced concerns regarding flooding and traffic in the vicinity of the project. The Board recommend APPROVAL (5-1) of the proposed rezoning to a R-7 district 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. 3. The storm water management system will be designed for a 100-year storm event. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it would allow for the types of residential uses encouraged in the General Residential place type. The Planning Board found that recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between low density residential uses to the east and west and current lower intensity development that may transition in the future to the north. Z22-05 Staff Report BOC 5.2.2022 Page 17 of 17 STAFF RECOMMENDATION The proposed (CZD) R-7 rezoning is a low-density residential development that would provide an orderly transition between the elementary school and the adjacent residential areas. The concept plan as submitted reflects compatibility with the adjacent residential developments and standards are in place for buffers and traffic analysis at technical review before development can occur. 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 it will allow for the types of residential uses encouraged in the General Residential place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between low density residential uses to the east and west and current lower intensity development that may transition in the future to the north. Proposed 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. 3. The storm water management system will be designed for a 100-year storm event. Alternative Motion for Denial 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 it will allow for the types of residential uses encouraged in the General Residential place type, 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.