HomeMy WebLinkAboutZ19-04 Staff Summary PB 3.7.2019Z19-04 Staff Report PB 3.7.2019 Page 1 of 9
STAFF REPORT FOR Z19-04
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z19-04
Request:
Zoning Map amendment to rezone 0.38 acres from (CZD) B-1 to B-1
Applicant: Property Owner(s):
Hubert S. Ward, Jr. Malave Dario ETAL
Location: Acreage:
2624 Castle Hayne Road 0.38
PID(s): Comp Plan Place Type:
R03311-004-017-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be
developed in accordance with the B-1 district
Current Zoning: Proposed Zoning:
(CZD) B-1 B-1
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-20
East Single-Family Residential R-20
South Retail (CZD) B-1
West Shopping Center SC
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ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
December 3,
2012 Rezoned to (CZD) B-1 (Z-923).
May 6, 2013 The conditional B-1 zoning district was amended in order to correct an
error with the location of the Castle Hayne Road right-of-way.
COMMUNITY SERVICES
Water/Sewer Water services are available through CFPUA. Wastewater services may
be provided by private septic.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Wrightsboro
Schools Wrightsboro Elementary, Eaton Elementary, Holly Shelter Middle, and New
Hanover High schools
Recreation Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
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CURRENT APPROVED CONCEPTUAL SITE PLAN
The property is currently zoned (CZD) B-1. This district, originally approved in 2012,
allowed for the development of a retail store (Family Dollar) on land abutting the subject
property.
While the subject property was included in this conditional rezoning application, it is under
separate ownership, and the conceptual site plan did not indicate that any development
would take place on it. Therefore, the subject property must remain undeveloped under
its current zoning.
In order for the subject property to be developed, either the conditional B-1 district would
need to be modified, or the subject property would have to be rezoned.
The subject property is not part of any required open space or stormwater system required
for the Family Dollar. The inclusion of the property in the 2012 conditional rezoning
allowed the parking lot for Family Dollar to be placed closer to the property line as
bufferyards are not required between commercially zoned property.
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ZONING CONSIDERATIONS
Because this is a general map amendment and not a conditional rezoning, uses that would
be allowed on the property are those allowed by right or by Special Use Permit in the B-
1 district based on the Table of Permitted Uses in the Zoning Ordinance. The B-1 district
permits a total of 59 uses by-right and 11 uses with a special use permit. In general, the
district permits the following categories of uses:
Agricultural
Wholesale Nurseries
General Agriculture
Commercial
Retail
Restaurants
Financial Services
Personal Services
Indoor/Outdoor Recreation
Day Care
Automobile Service (including
towing yards)
Professional and Government
Offices
Artisan Manufacturing
Institutional
Libraries
Museums
Religious Institutions
Special Uses
Cell Towers
Stand-alone Entertainment
Establishments (Bars)
Senior Living
Dwelling Units
Boating Facilities & Marinas
The subject property is located within the Wrightsboro commercial node. Nonresidential
uses continue north on the east side of Castle Hayne Road, with the exception of two
residential properties located between the subject property and a gas station.
Generally, the B-1 district is typical and appropriate for a commercial node of this scale
and there are a wide variety of existing commercial uses (retail stores and restaurants) in
the area with some adjacent to single-family homes. However, some uses allowed in the
B-1 district would not be an ideal transition to single-family residential development.
It is staff’s understanding that a towing business is seeking locate on the property.
Development within the proposed B-1 zoning district would require additional building
setbacks and landscaping buffers along the adjacent R-20 zoned property. Specifically:
o The building setback required along the side property line adjacent to the R-20
zoning would be a minimum of 25’ or 2.75 x Building Height, whichever is greater.
o The building setback requirement along the rear property line adjacent to the R-
20 zoning would be a minimum of 30’ or 3.73 x Building Height, whichever is
greater.
o Landscaping buffers would be required between the development and the
residential properties. The buffers must be a minimum of 20’ in width and provide
100% opacity.
o In addition, all lights must be shielded in a manner so that light from the fixture
does not directly radiate into adjacent property.
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TRANSPORTATION
Access is provided to the subject property by Castle Hayne Road (NC 133). Based on the
design of the adjacent Family Dollar site, it is not likely the development of the subject
property could share Family Dollar’s existing driveway, and thus would need to install a
new driveway to Castle Hayne Road.
Traffic impacts are analyzed at the time a development is proposed. Any use that exceeds
100 AM or PM peak hour trips will be required to have an approved Traffic Impact
Analysis (TIA) prior to development. Even if a TIA is not required, improvements may be
required when any proposed use is reviewed by NCDOT during the driveway permitting
process.
Traffic Counts – 2018
Road Location Volume Capacity V/C
Castle Hayne Road 3100 Block 14,256 15,860 0.90
Nearby Planned Transportation Improvements and Traffic Impact Analyses
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Nearby Traffic Impact Analyses:
Traffic Impact Analyses 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.
Proposed
Development Land Use/Intensity TIA Status
1. BRC Castle Hayne
A rezoning is
required for this
development. No
application is
currently under
review.
360 Multi-family units
(including 72 multi-family
units approved with
Riverside)
Approved January 24, 2019
Build Out Years:
o 2021: Phase 1 (216 units)
o 2023: Phase 2 (114 units)
The TIA required that a new signal plan for the existing signal at Castle Hayne Road and N. Kerr
Avenue be submitted and approved by NCDOT prior to a certificate of occupancy being issued
for Phase 1.
Nearby Proposed Developments included within the TIA:
Riverside
Development Status: No construction has started at this time.
2. Rachel’s Place 154 Single-family dwellings Approved October 22, 2015
2018 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a northbound left turn lane on Blue Clay Road at the subdivision’s entrance.
Nearby Proposed Developments included within the TIA:
Riverside
River Bluffs
Development Status: The subdivision is under construction and 54 lots have been platted.
The required roadway improvements have not been installed at this time, but are required
prior to the next phase of the development being recorded.
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3. Hanover Lakes 231 Single-family dwellings Approved August 13, 2015
2018 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a northbound left turn lane, southbound left turn lane, and southbound right
turn lane on Castle Hayne Road at the subdivision’s entrance.
Nearby Proposed Developments included within the TIA:
None
Development Status: The subdivision is under construction. The required roadway
improvements have been installed.
4. Riverside
By-right
development
165 Single-family dwellings
72 Multi-family units
Approved August 13, 2015
Build Out Years:
o 2016: Phase 1 (100 units)
o 2019: Phase 2 (137 units)
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a eastbound right and left turn lane at Castle Hayne Road and N. Kerr
Avenue.
Nearby Proposed Developments included within the TIA:
None
Development Status: The subdivision is under construction. The required roadway
improvements have been installed.
Regional Transportation Plans:
STIP Project U-5863
o Project to widen Castle Hayne Road from I-140 to MLK Parkway. Construction is
expected to begin in 2023.
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
The property is within the Ness Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class II (moderate limitation) soils.
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2016 COMPREHENSIVE LAND USE 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. Specific goals of the comprehensive plan are designated to be promoted in
each place type, and other goals may be relevant for particular properties.
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 subject property is located near the intersection of Castle Hayne Road
and Kerr Avenue, a community commercial node that is roughly bounded by
Harnett Avenue to the south and Horne Place Drive and Sheridan Drive to
the north. This area is the most concentrated commercial cluster between
23rd Street and the Castle Hayne Road/Holly Shelter Road intersection
node, and a variety of office, retail, housing, and recreational uses could
be appropriate in this area. The requested B-1 rezoning could allow for
many of these uses, and commercial districts, like B-1, are identified as
typical zoning categories for use in the Community Mixed Use place type.
Consistency
Recommendation
The proposed B-1 rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because commercial districts are identified as typical
zoning categories for the Community Mixed Use place type and the B-1
district allows for the types of retail, office, housing, and recreational uses
recommended for this area.
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STAFF RECOMMENDATION
Staff recommends approval of the application. Staff concludes that the application is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the B-1
zoning district allows for the types of uses recommended by the Comprehensive Plan for this
area, and is identified as a typical zoning category for the Community Mixed Use place
type.
2. Reasonable and in the public interest because the proposal supports business success by
allowing for the use of an existing commercial node and because the Zoning Ordinance
requires the site to provide a transition to the abutting residential property with the
installation of a bufferyard along the shared property lines.