HomeMy WebLinkAboutZ24-16 - BOC Staff ReportZ24-16 Staff Report BOC 9.3.2024 Page 1 of 13
STAFF REPORT FOR Z24-16
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z24-16
Request:
Rezoning to a Conditional B-2 district
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions Tidewater Investment Co., Inc.
Location: Acreage:
5000 College Road 7.79
PID(s): Comp Plan Place Type:
R01800-002-001-000 Community Mixed Use & General Residential
Existing Land Use: Proposed Land Use:
Undeveloped & Vacant Commercial Retail and Flex Space
Current Zoning: Proposed Zoning:
(CZD) CB (CZD) B-2
SURROUNDING AREAT
LAND USE ZONING
North Single – family residential R-15
East Undeveloped & Vacant R-15
South Undeveloped & Vacant R-15, I-2
West College Road Right-of-Way and Industrial Facility I-2, B-2
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ZONING HISTORY
July 7, 1972 Initially zoned R-15
June 6, 2022 Rezoned to (CZD) CB for an Indoor/Outdoor Recreational Facility,
Restaurant and Clubhouse
COMMUNITY SERVICES
Water/Sewer
Water will be provided from a private well. Sewer is available from CFPUA
by private pump station connection to adjacent public force main, but septic
system may be used for initial phased development.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Castle Hayne
Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools
Recreation Blue Clay Bike Park, Northern Regional Park, Riverside Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The conservation resource map indicates pocosin wetlands on the property;
however they are not underlaid with Class IV soils, which triggers additional
development standards.
Historic No known historic resources
Archaeological No known archaeological resources
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APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
· The applicant is proposing to construct a total of 36,900 SF for use as retail and flex space.
The proposed conceptual plan includes a total of five commercial buildings, a stormwater
pond, associated parking, a 20’ buffer yard on the northern and southern property
boundaries, and a 25’ buffer yard on the eastern boundary.
· The conceptual plan shows a proposed strip retail structure at 3,600 SF for general sales,
instructional services and studios, and personal services.
· Located behind the retail building are four proposed structures totaling approximately
33,300 SF of flex space to be used for offices for private and professional activities and
for contractors.
· Public water is not currently available on the site and a private well is proposed. Sewer will
be provided from CFPUA.
· Under the B-2 zoning district building height is limited to 3 stories or 50’, however the
applicant proposes conditioning the height to 1 story and a maximum of 30’.
Strip Retail
Plaza
(1 Building)
Stormwater
Pond
Flex Office Space
(4 Buildings)
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ZONING CONSIDERATIONS
· The site was rezoned to (CZD) CB in 2022 for the development of 23 pickleball courts, a
sand lot for beach volleyball, plus an 8,000 sf structure for a clubhouse and restaurant.
However, no permits were submitted for the intended development of this site as a private
pickleball club and the current owners have submitted the new request for consideration.
· The purpose of the Community Business (CB) District is to provide lands that accommodate
the development, growth, and continued operation of businesses that serve surrounding
neighborhoods with goods and services. CB district lands can serve as a buffer between
higher density/intensity development and moderate or low-density multi-family and single-
family neighborhoods. This district was added to the Unified Development Ordinance in
2019 and was intended to be appropriate adjacent to existing residential uses.
· The purpose of the B-2, Regional Business 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.
· While the B-2 zoning district allows a range of commercial uses, the Conditional Zoning
District designation would limit the type of uses on the site to business service center,
contractor office, offices for private business and professional activities, personal services,
general, instructional services & studios, and retail sales, general.
· In the B-2 district, a minimum 35-foot rear setback, 30-foot interior setback, and a 20-foot
opaque buffer yard are required where the development abuts existing residential
properties.
· Transitional buffers are required along the northern property boundary where there are
existing residential homes.
· The UDO contains controls on exterior lighting on the site, and the maximum illumination
levels along adjacent residential properties shall not exceed 0.5 foot candles. The UDO
does not prescribe limitations on the 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 site
plan are permitted.
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AREA DEVELOPMENTS
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TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Current zoning would allow an 8,000 sf indoor recreation facility
& 23 outdoor pickleball courts
PROPOSED ACCESS
Primary Access College Road via a right-in, right-out driveway
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway College Road
Type of Roadway NCDOT principal arterial
Roadway Planning Capacity
(AADT) 17,375
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ENVIRONMENTAL
· The property is not within a Natural Heritage Area.
· The property is not within an AE Flood 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 I (moderate limitation) and Class III (severe limitation). However,
sewer is available through CFPUA.
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.
Latest Traffic Volume (AADT) 7,600 vehicles (AADT 2021)
Latest WMPO Point-in-Time
Count (DT) 14,325 (Feb 2023)
Current Level of Congestion Below Capacity
TRAFFIC GENERATION
Traffic Generated by
Present Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 10 61 +51
PM Peak Hour Trips 28 80 +52
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 is currently under capacity.
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. The
parcel is located south of the roundabout at Castle Hayne Road, southwest of the I-40 interchange,
and northeast of the I-140 interchange.
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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
new businesses 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
new businesses.
Representative Developments
Representative Developments of CZD CB (Indoor/Outdoor Recreation Facilities):
Holly Tree Tennis Club
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Captain Bill’s Backyard Grill and Volleyball
Representative Developments of the proposed CZD B-2 (Retail Sales and Flex Space):
Murrayville Station Business Park – Exchange Drive
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Exchange Drive – Gordon Road
Context and Compatibility
· The subject property is located at 5000 College Road and is only accessible by North
College Road.
· The site is adjacent to single-family on the northern boundaries and is bordered to the east
and south by vacant, undeveloped land. Located across the street from the parcel is an
industrial site.
· The applicant has proposed a landscaped buffer between the proposed development and
the adjacent single-family use.
· The site is located south of the intersection of College Road and Castle Hayne Road where
transitional service uses and low traffic generators could be appropriate. The proposed
district also provides a transition from the high-intensity industrial site across College Road
to undeveloped land, adjacent single-family lots to the north, and proposed moderate
density residential development in the vicinity of the subject property.
· The last development proposal for the site was for a recreation facility, for which a site plan
was approved in 2022.
· The proposed plan positions retail components along N. College Road and offices toward
the back of the property.
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.
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Future Land Use
Map Place Type
Community Mixed Use and 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.
Analysis
The subject property is located along a major roadway corridor, College
Road, and is surrounded by single-family to the north, to the east and south
is vacant, undeveloped land, and across College Road is an industrial
facility.
The Comprehensive Plan classifies the property as Community Mixed Use
and General Residential, both of which allow for commercial uses that can
support nearby neighborhoods. The Community Mixed Use place type
designation encourages a mix of uses, including single- and multi-family
residential, commercial, civic, mixed-use, and recreational uses. Typical
zoning associated with this place type includes moderate density residential,
commercial, office and institutional, and mixed-use.
The proposed CZD B-2 rezoning is consistent with the commercial uses and
intensity recommended in the Comprehensive Plan. Furthermore, the
proposed use would support the surrounding commercial and residential
uses along the College Road corridor and future residential growth
anticipated within the area.
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Consistency
Recommendation
The proposed CZD B-2 rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed uses are in line with those
recommended for Community Mixed Use and General Residential place
types, and the site is located near supportive land uses that also serve as
an appropriate transition between residential and industrial uses.
PLANNING BOARD MEETING
The Planning Board considered this application at the August 1, 2024 meeting. The Board discussed
the traffic generation in relation to the proposed uses, and expressed support for the request stating
the uses were in line with the development of the surrounding area. The Planning Board voted (5-
0) to recommend approval of the petition with no additional conditions.
The Planning Board found the application CONSISTENT with the purposes and intent of the
Comprehensive Plan because the proposed uses are in line with the place type recommendations.
The Planning Board found recommending APPROVAL of the rezoning request was reasonable and
in the public interest because the project will provide a number of commercial services for nearby
residents, includes relatively low traffic generators, and is located on an arterial road.
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STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. The proposed site plan and restricted uses are supported by
the recommended Community Mixed Use and General Residential in the County’s 2016
Comprehensive Plan.
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 2016
Comprehensive Plan because the proposed uses are in line with the place type
recommendations. I also find APPROVAL of the rezoning request is reasonable and in
the public interest because the proposed district would provide a number of commercial
services for nearby residents, includes relatively low traffic generators, and is located
on an arterial road.
Applicant Proposed Conditions:
1. Within the 3,600 SF building at the front of the property closest to N College Road,
uses are limited to the following: business service center, contractor office, offices for
private business and professional activities, personal services, general, instructional
services & studios, and retail sales, general.
2. Within the remaining 4 buildings totaling 33,300 SF uses will be limited to offices for
private business and professional activities and for contractor offices.
3. Building height will be limited to 1-story and a maximum of 30’.
Alternative Motion for DENIAL
I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposed limited
commercial uses are generally encouraged in the Community Mixed Use and General
Residential place types and would serve nearby existing and future residential
developments I find DENIAL of the rezoning request is reasonable and in the public
interest because the proposed project would have a larger impact on the adjacent
residential properties than what is allowed under current zoning.