STAFF REPORT SPECIAL USE DISTRICT REZONING

Transcription

1 STAFF REPORT SPECIAL USE DISTRICT REZONING ZONING DOCKET: K-751 PLANNING BOARD: March 13, 2017 PETITIONER: Abigaile Pittman, Agent for Owner OWNERS: Greenwood and Charles, Inc. PROPOSED ZONING AMENDMENT: From: Highway Business (HB) and General Business-Special Use District (GB-S), Two Phase To: Highway Business - Special Use District (HB-S), Single Phase Uses: ABC Store; Access Easement; Arts & Crafts Studio; Banking and Financial Services; Food or Drug Store; Furniture and Home Furnishings Store; General Merchandise Store; Government Offices; Hardware Store; Medical or Dental Laboratory; Medical and Surgical Offices; Museum or Art Gallery; Nursery, Lawn and Garden Supply Store, Retail; Offices, Miscellaneous; Professional Office; Restaurant (without drive-through service); Retail Store, Specialty or Miscellaneous; Services, Business A; Services, Personal; Testing and Research Lab; Veterinary Services. ACREAGE: /- LOCATION OF PROPERTY AND RELATION TO EXISTING ZONING DISTRICTS: For properties located at 822 South Main and 809 Old Winston Road, being all of PIN#(s) and Surrounding property is zoned HB, LO-S and GB-S. 1

2 Previous GB-S Approved Uses: ABC Store; Access Easement; Arts & Crafts Studio; Banking and Financial Services; Food or Drug Store; Furniture and Home Furnishings Store; General Merchandise Store; Government Offices; Hardware Store; Medical or Dental Laboratory; Medical and Surgical Offices; Museum or Art Gallery; Nursery, Lawn and Garden Supply Store, Retail; Offices, Miscellaneous; Professional Office; Restaurant (without drive-through service); Retail Store, Specialty or Miscellaneous; Services, Business A; Services, Personal; Shopping Center; Testing and Research Lab; Veterinary Services. The project is located within the Central Kernersville Overlay District Downtown & Historic Area which list the following uses as prohibited. Adult Entertainment; Asphalt and Concrete Plant; Borrow Site; Building Materials Supply; Bulk Storage of Petroleum Products; Fuel Dealer; Implement Sales and Services; Building Contractor, Heavy; Dirt Storage; Hazardous Waste Management Facility; Meat Packing Plant; Landfill, Construction & Demolition; Landfill, Land Clearing/Inert Debris; Landfill, Sanitary; Motor Vehicle, Rental and Leasing; Motor Vehicle, Body and Paint Shop; Motor Vehicle, Storage Yard; Motor Vehicle Dismantling and Wrecking Yard; Outdoor Display Retail (less than one acre); Recreation Services, Outdoor; Recycling Center; Recycling Plant; Restaurant (with drive-through service); Services, Business B; Signs, Off-Premises; Storage Trailer; Storage Services, Retail; Storage and Salvage Yard; Transmission Tower; Wholesale Trade B. OVERLAY DISTRICT MODIFICATION REQUEST A Special Use District rezoning application may request departure from the standards and uses of the Zoning Overlay Districts provided the applicant presents, at the time of rezoning application, proposed findings of facts that the proposed development would implement the purposes of the Overlay District more adequately than development which would meet the strict requirements of the Overlay District. The Petitioner has submitted a modification request to the Central Kernersville Overlay District Landscaping and Bufferyard standards. 2

3 The Central Kernersville Overlay District Landscaping and Bufferyard standards require that: (ii) Except where arcades and entranceways are part of the façade of a building, sidewalks shall be installed: [A] [B] Along the full length of the sides of any building constructed within an overlay district which features a customer or multi-family unit entrance; and Along any side of any building where parking or a driveway is provided. Any such required sidewalk shall be parallel to the building, but located at least five feet (5') from the building in order to provide an area for planting beds for foundation and entranceway landscaping. If approved, the modification would allow for the existing sidewalk along the Papa Johns building to remain and sidewalk sections along the proposed building to be adjacent to the building without the five foot (5 ) landscaping. The modification request proposes to provide additional landscaping throughout the parking areas for both buildings to soften the appearance of parking and service areas, while providing visually appealing entryways. The added green space will also enhance stormwater management by increasing vegetated areas within the development. HIGHWAY BUSINESS (HB) ZONING DISTRICT: The Unified Development Ordinance (UDO) applies the following standards to HB zoning district. General Dimensional Requirements - HB. Zoning District Minimum Zoning Lot Area (sf) Width (ft) Minimum Contiguous Site Area (ac) Front (ft) Minimum Setbacks 2 Rear (ft) Interior Side (ft) Side Street (ft) Maximum Impervious Surface Cover (%) Maximum Height (ft) HB 20, / Side yards are not required, however any side yard provided adjacent to an interior lot line shall be not less than twelve (12) feet in width. A space less than six (6) inches in width between an interior lot line and a building wall shall not be regarded as a side yard. 2. Whenever a lot in a nonresidential district other than the NB or NO Districts shares a common boundary line with a lot in a residential district (except RM-U), YR, AG, or H District with no intervening street or highway, the lot in the nonresidential district 3

4 shall have a required setback along the shared boundary line of not less than forty (40) feet or shall have the required setback for the nonresidential district, whichever is greater, unless the development conforms to the Land Use Plan and is a Special Use District, then a minimum setback of the Bufferyard (3-5 Bufferyard Standards) shall be considered for a setback. SITE PLAN The site plan consists of a detailed layout for the Single Phase rezoning request consisting of a existing 1-story, 5,000 square foot building facing the intersection of South Main Street and Marketview Drive and a new 1-story, 8,000 square foot building with multiple entrances fronting Old Winston Road. The buildings will be marketed for retail, restaurant, and restaurant (take-out only) uses. RECENT ZONING HISTORY: CASE ALDERMEN PLANNING BD STAFF K-740 RS7, RS12, HB, and HB-S Approval 8/4/15 Approval Approval 4

5 to GB-S New Lowes Shopping Center K-729 RS7, RS12, HB, and HB-S Withdrawn 3/3/15 Approval Approval Greenfield Rezoning Original Submittal K-720 RS-12 & IP-S to IP Approval 9/2013 Approval Approval Holy Cross Catholic Church K-610 GO-S to GB-S Approval 7/2004 Approval Approval High Point Regional K-611 RS-7, HB-S to HB-S Approval 4/2010 Approval Approval Frances Slade and Sallie Greenfield property for Wachovia Corporation K-603 RS-12 to LO-S Approval 4/2004 Approval Approval Terry and Betty Byrd House Conversion to Office K-583 RS12 to GO-S Approval 10/2002 Approval Approval Old Winston Road High Point Hospital Clinic K-571 RS-12 & IP-S to RS-12 & IP-S Approval 6/2001 Approval Approval Holy Cross Catholic Church K-522 HB-S to HB-S Approval 10/1998 Approval Approval Old Winston Road Kernersville Professional Offices FINDINGS: Thoroughfare and Street Plan NCDOT is currently constructing the South Main Street and Old Winston Road improvements. The roundabout is designed to improve access to the surrounding parcels being impacted by medians limiting left turns into the parcels. The redevelopment of this site allows for safety and congestion issues to be addressed. Currently, the Papa Johns site has access to South Main Street. That access will closed if the proposed site plan is approved, thus enhancing the safety and traffic flow on South Main Street. At the same time, new access drives are proposed to the site on Old Winston Road and the old section of Old Winston Road, now named Market View Drive. On Old Winston Road, a right-in/right-out turning movement is recommended. On Market View Drive, a right-in/right-out is recommended to allow direct access to the southern portion of the site. Land Use Plan The Town of Kernersville amended its Land Use Plan on June 3, 2014 for the area which includes this rezoning request. The rezoning area is part of the Southern Area (see map to the right). The Plan states: Public comments regarding development focused on the need to address traffic and quality of the development. Some public and property owner comments expressed a desire for a quality mixeduse development, whereas a few public comments called for the entire area to remain single family residential. Economic market conditions support mixed-use development. 5

6 Listed below are the Land Use Plan recommendations for the Southern Area and staff s findings on the conformance of the rezoning to those recommendations. 1) Amend the Land Use Plan from Office to Mixed Use. The Mixed Use consisting of potential uses of community commercial services with the maximum retail store size being 58,000 square feet or less, offices, business park, and residential with a density of 12 units or less per acre, excluding heavy industrial. Finding: The rezoning calls for development of a neighborhood commercial center including retail, restaurant (take-out only), and restaurant with an outdoor seating area. The new building is proposed at 8,000 square feet. 2) Special Use District rezoning be used to address the goals of making the area of high quality design, ensure traffic is mitigated, and create smooth transitions between land uses. Finding: To accomplish this staff is recommending specific language for the maintenance of the landscaping, color of the retaining wall, and lighting. The site plan contains a 3 screen wall within the streetyard, the 3 screening walls is noted to brick and located between the landscaping and parking lot, and the retaining walls shall be earth tone in color. Wall caps and column caps may be of a different material 3) The Central Kernersville Overlay standards shall apply to the parcels requesting rezoning. Finding: The Central Kernersville Overlay District Overlay Districts shall apply to the new building and any major modification to the Papa Johns building. 4) The building design, height and layout shall take into consideration the visual impact to adjacent property. Finding: The Central Kernersville Overlay District Overlay Districts shall apply to the new building and any major modification to the Papa Johns building to allow the building to follow a similar design style of the Lowes shopping center. 5) A road network providing connectivity between the different future developments shall be incorporated in future development proposals. Finding: The development occupies the entire block and has shared parking and accesses. 6) Large non-residential and residential developments undertake a Traffic Impact Analysis (TIA) to determine the traffic impacts. Finding: The site was previously included in a Traffic Impact Analysis (TIA) to determine the traffic impacts during the original rezoning for the Lowes shopping center. 6

7 7) Exterior lighting shall be cut-off lighting fixtures. Cut-off lighting fixtures are lights that cast light downward and away from adjacent property. The maximum parking lot light pole height shall be twenty four (24) feet. Finding: A condition will need to be adopted creating the recommended lighting standard. Staff Recommended Conditions: 1. The lighting for the project shall be required with cut-off lighting fixtures that cast light downward. Pedestrian scale lighting should illuminate so that lighting dissolves at the roof lines of buildings or top of light pole. Pole heights shall be a maximum of 24 feet or less. Security lighting for the building (if needed) shall be a cut-off lighting fixture mounted to a pole or wall. Watershed The site is located in the Kerner Mill Creek Watershed and is a regulated watershed under the Town s Watershed Ordinance. Any development over 24% of new impervious surface is required to construct a stormwater treatment device. The original developer requested and received approval for a Special Intensive Development Allocation (SIDA) from the Town which allows up to 70% of impervious coverage. USES: The proposed development is a neighborhood commercial center that will have retail shops, restaurants, offices, and services that will primarily serve Kernersville residents who live in the central and western portions of Town. Following are the proposed uses: ABC Store; Access Easement; Arts & Crafts Studio; Banking and Financial Services; Food or Drug Store; Furniture and Home Furnishings Store; General Merchandise Store; Government Offices; Hardware Store; Medical or Dental Laboratory; Medical and Surgical Offices; Museum or Art Gallery; Nursery, Lawn and Garden Supply Store, Retail; Offices, Miscellaneous; Professional Office; Restaurant (without drive-through service); Retail Store, Specialty or Miscellaneous; Services, Business A; Services, Personal; Testing and Research Lab; Veterinary Services. The following two uses are recommended to be removed from the Permitted Uses. The uses are not related to a neighborhood commercial center. WHOLESALE TRADE A. An establishment primarily engaged in selling durable and nondurable goods to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business uses; or to other wholesalers. Merchandise is stored inside enclosed buildings. Activities including physically assembling, sorting, and grading 7

8 goods in large lots and breaking bulk for redistribution in smaller lots are conducted inside enclosed buildings in such a way as to have a minimal impact on surrounding properties. Operations with over twenty-five percent (25%) of sales to retail customers require the appropriate retail zoning district. This definition includes all uses in the following SIC groups: 502 Furniture and Home Furnishings 503 Lumber and Construction Materials 504 Professional and Commercial Equipment 506 Electrical Goods 507 Hardware, Plumbing, and Heating Equipment 509 Miscellaneous Durable Goods (except Scrap and Waste Materials, SIC group 5093) 511 Paper and Paper Products 512 Drugs, Proprietaries, and Sundries 513 Apparel, Piece Goods, and Notions 514 Groceries and Related Products 518 Beer, Wine, and Distilled Beverages 519 Miscellaneous Nondurable Goods (except Farm Supplies, SIC group 5191) NURSING CARE INSTITUTION. A home licensed by the State for persons aged, ill or handicapped in which two (2) or more persons not of the immediate family of the owner of manager of said home are provided with food, shelter, and nursing care. The term nursing care institution includes convalescent home, home for the aging, sanitarium, home for the blind, rest home, or any similar establishment. RECOMMENDATION: Rezoning: Recommend adoption of the following motion to approve the rezoning. Move to amend the Zoning Ordinances of the Town by rezoning the property in case K-751 from HB and GB-S to HB-S, Single Phase. The said rezoning being consistent with the Town s Comprehensive Plan, and further being both reasonable and in the public interest because: 1. The proposed Highway Business Special Use District (HB-S) would assist in implementing the Town s Land Use Plan by creating a portion of a planned mixed use area. 2. The development of this neighborhood commercial center will help reduce travel distance for area residents and offer the opportunity to avoid travel on the congested portions of South Main Street. 3. The removal of the South Main Street driveways improves traffic safety and flow. 4. The Central Kernersville Overlay District and Special Use District conditions include detailed design standards for the buildings and site plans to create a strong sense of place. Site Plan: Approval of the site plan with the following conditions: Approved Permitted Uses 8

9 1. ABC Store; Access Easement; Arts & Crafts Studio; Banking and Financial Services; Food or Drug Store; Furniture and Home Furnishings Store; General Merchandise Store; Government Offices; Hardware Store; Medical or Dental Laboratory; Medical and Surgical Offices; Museum or Art Gallery; Nursery, Lawn and Garden Supply Store, Retail; Offices, Miscellaneous; Professional Office; Restaurant (without drive-through service); Retail Store, Specialty or Miscellaneous; Services, Business A; Services, Personal; Testing and Research Lab; Veterinary Services. Modification Request 2. The overlay standard Along any side of any building where parking or a driveway is provided. Any such required sidewalk shall be parallel to the building, but located at least five feet (5') from the building in order to provide an area for planting beds for foundation and entranceway landscaping shall be modified with the enhanced landscaping areas as shown on the site plan. Site Plan 3. The lighting for the project shall be required with cut-off lighting fixtures that cast light downward. Pedestrian scale lighting should illuminate so that lighting dissolves at the roof lines of buildings or top of light pole. Pole heights shall be a maximum of 24 feet or less. Security lighting for the building (if needed) shall be a cut-off lighting fixture mounted to a pole or wall. 4. The submitted site plan date 2017-Mar-03 shall apply and shown on Attachment A. 9

10 Attachment A 10