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HomeMy WebLinkAboutZ24-05 Staff Report - FinalZ24-05 Staff Report PB 06.06.2024 Page 1 of 14 STAFF REPORT FOR Z24-05 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-05 Request: Rezoning to a Conditional B-2, Regional Business district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Paul E. & Deanne R. Meadows Location: Acreage: 4737 Castle Hayne Road 0.93 Acres PID(s): Comp Plan Place Type: R01700-002-007-000 Community Mixed Use Existing Land Use: Proposed Land Use: Minor Vehicle Service Station Minor Vehicle Service Station, Flex Space, Animal Grooming Service, Contractor Office (without outdoor storage), Offices for Private Business & Professional Activities, Instructional Services & Studios, Personal Services, General Retail Services, and Warehousing Current Zoning: Proposed Zoning: RA, Rural Agricultural (CZD) B-2 SURROUNDING AREA LAND USE ZONING North Undeveloped Land, Single-Family Residential RA East Single-Family Residential, Major Vehicle Repair Shop R-20, B-1 South Undeveloped Land, Single-Family Residential, and the former Castle Creek Memory Care Assisted Living Facility RA, O&I West Single-Family Residential, Undeveloped Land RA Z24-05 Staff Report PB 06.06.2024 Page 2 of 14 ZONING HISTORY July 1, 1985 Initially Zoned as RA, Rural Agricultural district (Castle Hayne) COMMUNITY SERVICES Water/Sewer CFPUA sewer and water are not available. While the site has an existing septic system, both it and the well will require New Hanover County Environmental Health review and permitting. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Station 13. Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High Schools Recreation Riverside Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z24-05 Staff Report PB 06.06.2024 Page 3 of 14 APPLICANT’S PROPOSAL Applicant’s Concept Plan – Includes Staff Mark-Ups • The applicant is proposing to rezone an approximate 0.93-acre parcel of land from (RA), Rural Agricultural residential district to a (CZD) B-2, Regional Business District. • The proposed rezoning is to accommodate an existing non-conforming use, subdivide the parcel, and develop a 3,000 square foot flex commercial space with limited uses. • The site has historically been used as a tire store and is considered a legal non-conforming use. • As a legal non-conforming use, the site can continue to be used as a tire store in the existing RA district. • The existing structure has an attached shed that encroaches into the lot’s rear setback. A condition guaranteeing its removal has been included. Once the structure has been removed, Dad’s Tire Store 30’ Addition to be Removed Vacant Lot Zoned RA Significant Tree Significant Tree Underground Stormwater Trench Proposed 3,000 sf Flex Space consisting of (2) 1,500 sf Bays New 15’ x 30’ Tire Shed Z24-05 Staff Report PB 06.06.2024 Page 4 of 14 a new 15’x30’ tire shed will be constructed, and Dad’s Tire Shop will then be considered a conforming land use within the proposed B-2 district. • Under the proposed (CZD) B-2 rezoning, the lot’s dimensional standards would accommodate subdividing and the development of a commercial flex space. • The (CZD) B-2’s lot dimensions allow for a minimum lot width of 80 feet whereas the existing RA district’s minimum lot width is 115 feet. • The proposed development is to be a 3,000 square foot structure that consists of two 1,500 square foot units, each with an overhead door facing Castle Hayne Road. • Due to the existing and proposed impervious ground cover being greater than 13,000 square feet, a New Hanover County stormwater permit for attenuation will be required. However, since the total amount of land disturbance is less than one acre, the property owner will not be required to obtain a North Carolina stormwater quality permit. • The applicant has provided a condition limiting the principal use to: Animal Grooming Services, Contractor Office (with no outdoor storage), Offices for Private Business & Professional Activities, Instructional Services & Studios, Personal Services, General Retail Sales, Minor Vehicle Service Station, and Warehousing. • On the subject lot are two regulated trees classified as Significant that are conditioned to remain on site. • The site also includes an area for an underground stormwater facility and parking space. • The applicant has conditioned a septic and well easement that would serve both lots. ZONING CONSIDERATIONS • The subject lot is located at the corner of Castle Hayne Road and Sondey Road within the RA zoning district. • The RA district in this area was established in 1985. At the time, the purpose of the district was to provide low density single-family residential development, encourage agricultural activities, and preserve open space and rural development patterns. • The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto- oriented uses that meet the needs of the motoring public or that rely on pass-by traffic. • The site’s existing tire store is considered a legal non-conforming use. If approved, the rezoning would place the existing business in a more compatible zoning district, as well as allow for the applicant to erect an appropriate tire shed, subdivide the lot, and develop a 3,000 square foot facility to serve as a flex space. • Commercial districts adjacent to residential properties are prescribed additional standards. When a B-2 district is adjacent to a residentially zoned parcel, a 30-foot interior side setback, and a 35-foot rear setback is required of all structures. Rear setbacks adjacent to residentially zoned parcels that are undeveloped or used for non-residential purposes have a reduced rear setback of 20 feet. Z24-05 Staff Report PB 06.06.2024 Page 5 of 14 • In February of this year, the applicant had requested a variance from the RA district’s rear setback requirement to accommodate the structure’s encroachment. The Boad of Adjustment denied the variance request and as a result the applicant is conditioning the structure’s removal and, in its place, a new tire shed will be constructed. • Specific transitional buffers prescribed by the UDO require that the subject parcel’s interior property lines implement a Type A: Opaque Buffer between the subject lot and the adjacent residential districts. • If approved, the project would be subjected to the 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. Z24-05 Staff Report PB 06.06.2024 Page 6 of 14 AREA DEVELOPMENTS Z24-05 Staff Report PB 06.06.2024 Page 7 of 14 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Approximately 6,000 square foot Vehicle Service Station, Minor (Dad’s Tire Store) PROPOSED ACCESS Primary Access The existing tire store has full access to Castle Hayne Road with secondary access onto Sondey Road. The proposed flex space, however, will only have full access to Castle Hayne Road. Secondary Access Sondey Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Z24-05 Staff Report PB 06.06.2024 Page 8 of 14 Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 15,456 Latest Traffic Volume (AADT) 12,000 Latest WMPO Point-in-Time County (DT) 11,998 Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS No nearby STIP projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed (Small Office Building) Designation Potential Impact of Proposed Designation AM Peak Hour Trips 8 8 16 PM Peak Hour Trips 12 11 23 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 A commercial use has been in operation on the corner of Sondey and Castle Hayne roads since prior to the adoption of county zoning in the area. The proposed additional commercial development will have full access to Castle Hayne Road and will not have access to Sondey Road. The Castle Hayne Road corridor has seen increased interest in commercial development and the site is approximately two miles north of the I-140 interchange. While the project proposes additional commercial space the increase in estimated trips is minimal and the project is below the threshold that requires a TIA. The project will be subject to NCDOT engineering review through the driveway permit process. Z24-05 Staff Report PB 06.06.2024 Page 9 of 14 ENVIRONMENTAL • The property is not within a Natural Heritage Area or a Special Flood Hazard Area. • The property is within the Prince George Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) soil. CFPUA water and sewer are not available on site. • The property’s current well and septic system are both required to be updated. • On site there are two regulated trees classified as Significant. One a Live Oak and the other a Water Oak, measuring 32” Diameter at Breast Height (DBH) and 48”, respectively. 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 Through planned growth and development, residents have access to their basic needs. The proposed (CZD) B-2 rezoning will allow a business that can support the surrounding community to be located in a transitional area along a major roadway corridor and in close proximity to a number of households. A business-friendly environment that promotes growth, agility, and collaboration. The plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable a new business. Z24-05 Staff Report PB 06.06.2024 Page 10 of 14 Representative Developments Existing Minor Vehicle Service Station Use: Dad's Tire Store - 4737 Castle Hayne Road Representative Development of Single Family Residential in the RA District: 3921 Sondey Road Z24-05 Staff Report PB 06.06.2024 Page 11 of 14 Representative Developments of Proposed Commercial Flex Space: Bayside Electric Supply Flex Space on Gordon Road Z24-05 Staff Report PB 06.06.2024 Page 12 of 14 Context and Compatibility • The proposed rezoning is for a .93-acre parcel that is fronted by Castle Hayne Road. • Nearby, there is residential, agricultural, neighborhood business, and undeveloped land nearby. • The subject lot is located approximately two miles north of the I-140 interchange and the General Electric campus. • The subject lot is north of an O&I district, southwest of three B-1 parcels, and west of several R-20 lots. • With the site’s proximity to the I-140 interchange and the area transitioning to more commercial and industrial activities, this portion of Castle Hayne is likely to develop into a service node within the coming years, rendering new single-family development along the Castle Hayne Road corridor less likely. • Both the proposed and existing uses, flex space and tire store respectively, are similar in nature and impact of the nearby commercial development activities. • At 40,510 square feet, the subject lot is precluded from subdivision due to the current zoning district’s dimensional standards which require a lot to meet a minimum of 30,000 square feet. • While this portion of Castle Hayne Road has seen a number of light industrial and commercial rezonings since zoning was first established, development has been constrained due to lack of public water and sewer access. 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. Z24-05 Staff Report PB 06.06.2024 Page 13 of 14 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, multi-family, and single-family residential. Analysis The subject property is located at the junction of Castle Hayne Road and Sondey Road, located north of the I-140 interchange and the Wrightsboro Commercial node. These areas are connected by Castle Hayne Road, a minor arterial roadway. The Comprehensive Plan classifies the property fronting Castle Hayne Road as Community Mixed Use- a common classification along the Castle Hayne Road corridor. The Community Mixed Use place type includes commercial uses and encourages infill development along highway corridors. The proposed project could be appropriate in the transitional area while providing service to nearby residents. Additional conditions have been provided to limit the extent of land use within the proposed B-2 district, preserve trees, and removal of an accessory structure to ensure the proposed lot will meet UDO conformity standards. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the Comprehensive Plan because the proposed limited commercial use is encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the Comprehensive Plan, zoning considerations, technical review. The property is located along Castle Hayne Road surrounded by very low-density residential parcels, with four commercially zoned properties to the northeast and southeast. The proposed rezoning is less than two miles north of I-140 interchange and being located in an area that has transitioned to more commercial and industrial activities since initial zoning, the subject parcel is found to be in an area anticipated for future commercial development along the corridor. The proposed land use is limited in scope and is found to be similar in nature and impact to the other uses in the area while also in keeping with the recommendations of the Community Mixed Use place type. As a result, Staff recommends approval of the request and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning to a Conditional B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in Z24-05 Staff Report PB 06.06.2024 Page 14 of 14 the public interest because the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Proposed Conditions: 1. The proposed rezoning’s principal use shall be limited to: Animal Grooming Services, Contractor Office (with no outdoor storage), Offices for Private Business & Professional Activities, Instructional Services & Studios, Personal Services, General Retail Sales, Minor Vehicle Service Station, and Warehousing. 2. The attached shed that encroaches into the rear setback is to be removed, bringing Dad’s Tire Store into compliance with required setbacks. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the existing septic system and any future improvements. Environmental Health approval of the septic system and well shall be required prior to issuance of construction permits for the flex commercial space. 4. Exterior lighting including luminaries and security lighting shall be fully cutoff fixtures that are directed downward in compliance with Figures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. 5. The two Significant Trees identified on the concept plan shall be permanently retained on site. Alternative Motion for Denial (If based on information provided at the public hearing or other consideration beyond the scope of staff review, the Board finds approval appropriate). I move to recommend DENIAL of the proposed rezoning to a Conditional B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and will adversely impact the adjacent residential areas.