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HomeMy WebLinkAbout10-3-24 PB Agenda Packet NEW HANOVER COUNTY PLANNING BOARD AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant Rebekah Roth, Director| Ken Vafier, Planning Manager OCTOBER 3, 2024 6:00 PM Call to Order Pledge of Allegiance REGULAR ITEMS OF BUSINESS The Planning Board may consider substanal changes in these peons as a result of objecons, debate, and discussion at the meeng, including rezoning to other classificaons. 1 Public Hearing Rezoning Request (Z24-20) - Request by Cindee Wolf with Design Solu8ons, applicant, on behalf of ZCH Investments, LLC, property owner, to rezone approximately 11.26 acres located at 4200 Castle Hayne Road from the R-20, Residen8al District to the (CZD) CB, Community Business District for the use of Outdoor Recrea8on Establishment. 2 Unified Development Ordinance (UDO) Maintenance Amendment Concepts Presenta8on Planning Board - October 3, 2024 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2024 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, Development Review Planner CONTACT(S): Amy Doss, Development Review Planner; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z24-20) - Request by Cindee Wolf with Design Solu8ons, applicant, on behalf of ZCH Investments, LLC, property owner, to rezone approximately 11.26 acres located at 4200 Castle Hayne Road from the R-20, Residen8al District to the (CZD) CB, Community Business District for the use of Outdoor Recrea8on Establishment. BRIEF SUMMARY: The applicant is reques$ng to rezone approximately 11.26 acres from a R-20, Residen$al District to a (CZD) CB, Community Business District, to develop a golf center with a driving range and miniature golf facility. The applicant is proposing to construct a driving range and miniature golf center with a 5,500 square foot office. The applicant’s concept plan also includes a chipping green, a pu6ng green, and the loca$on of a maintenance shed. The stormwater system will be located along Castle Hayne Road as you enter the parking lot. The office is located along the western boundary, backing up to the adjacent residence with a buffer in between. A sidewalk is shown leading from the office to the miniature golf course and tee boxes. The chipping and pu6ng greens are located on the northern side of the tee boxes. Along the eastern boundary is a gravel path leading to the maintenance shed, located at the very back of the property on the southern end. The R-20 district was established in 1985. At the $me the purpose of the R-20 district was to ensure that housing served by private sep$c and wells would be developed at low densi$es. The purpose of the Community Business (CB) District is to provide lands that accommodate the development, growth, and con$nued opera$on of businesses that serve surrounding neighborhoods with goods and services. CB district lands can serve as a buffer between higher density/intensity development and moderate or low-density mul$-family and single-family neighborhoods. This district was added to the Unified Development Ordinance in 2019 and was intended to be appropriate adjacent to exis$ng residen$al uses. It is es$mated the site would generate approximately 18 AM and 23 PM peak hour trips if developed under current zoning. The proposed (CZD) CB development is es$mated to generate 20 AM and 39 PM peak hour trips, increasing the number of peak hour trips by approximately 2 AM and 16 PM. The proposed project is located along a minor arterial road that currently has capacity. There is one State Transporta$on Improvement Project (STIP) to widen Castle Hayne Road south of I-140. There are no immediate STIP plans for improvements north of I-140, however if approved at the October 7th BOC mee$ng, the Moore's Crossing PD includes roadway improvements at that intersec$on. While permits have not been submiFed, the approved commercial park to the south is an$cipated to be required to make improvements in the curve on Castle Hayne Road as part of the driveway permi6ng process. Several other projects are currently under review or development in the vicinity, and while their traffic impact analysis did not take this specific proposal into account, all were developed to Planning Board - October 3, 2024 ITEM: 1 account for general traffic growth in the area. 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 permi6ng process. Due to the loca$on and surrounding development paFerns, the property is less likely to be developed with low density housing. Much of the surrounding area is changing from rural to higher density residen$al and commercial uses. The proposed development would offer recrea$onal services to nearby residents. The applicant has proposed condi$ons to limit the height of ligh$ng fixtures and hours of ligh$ng use in the driving range area to ensure beFer compa$bility with the surrounding residen$al uses. The 2016 Comprehensive Plan designates this property as both Community Mixed Use and Employment Center place types. Community Mixed Use focuses on small-scale, compact, mixed use development paFerns that serve all modes of travel and act as an aFractor for county residents and visitors and includes recrea$onal uses. The Employment Center place type serves to provide areas for employment and produc$on hub where office and light industrial uses predominate, however also includes recrea$onal uses. Commercial uses designed to serve the needs of the employment center are appropriate. The proposed (CZD) CB rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are in line with those recommended for Community Mixed Use and Employment Center place types, and the site is located near suppor$ve land uses and along a transi$oning commercial corridor. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda$on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera$ons, technical review. The proposed use is in line with the recommenda$ons for the Community Mixed Use and Employment Center place type, includes rela$vely low traffic generators, and is located near suppor$ve land uses. As a result, Staff recommends approval of the proposal and suggests the following mo$on with the proposed condi$ons: 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 the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the applica$on limits uses to those which are more appropriate for the area and addi$onal condi$ons reduce impact on adjacent residen$al areas. Proposed Condi8ons: 1. The only permiFed use is for a miniature golf establishments and a golf driving range. 2. Hours of opera$on limited to: a. 9 am – 8 pm Monday - Thursday b. 9 am – 10 pm Friday & Saturday c. Noon – 8 pm Sunday 3. In addi$on to UDO Sec$on 5.5 Exterior Ligh$ng, which regulates max illumina$on levels and full fixture cut-offs, the following will apply: a. Ligh$ng poles for security ligh$ng in the parking area and mini-golf areas would be limited to a 16’ height. b. Ligh$ng poles for flood ligh$ng of the driving range would be limited to 35’ and turned off outside of the hours of Planning Board - October 3, 2024 ITEM: 1 opera$on. c. Ligh$ng fixtures shall be numbered such that adequate levels of ligh$ng are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas or motorists. Alterna8ve Mo8on for DENIAL (if based on informa$on presented at the public hearing or other considera$on beyond the scope of staff review, the board finds denial appropriate.) 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 the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types, 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 residen$al areas. ATTACHMENTS: Descrip$on Z24-20 Planning Board Script Z24-20 Planning Board Staff Report Z24-20 Zoning Map Z24-20 Future Land Use Map Z24-20 Mail Out Map Z24-20 Initial Application Cover Sheet Z24-20 Initial Application Z24-20 Concept Plan Cover Sheet Z24-20 Concept Plan Z24-20 Public Comments Cover Sheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 3, 2024 ITEM: 1 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z24-20) Request by Cindee Wolf with Design Solutions, applicant, on behalf of ZCH Investments, LLC, property owner, to rezone approximately 11.26 acres located at 4200 Castle Hayne Road from the R-20, Residential District to the (CZD) CB, Community Business District for the use of Outdoor Recreation Establishment. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s and supporters’ presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s and supporters’ rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval 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 the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types. I also find recommending APPROVAL of the rezoning request is reasonable and in 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, with the following conditions: Proposed Conditions: 1. The only permitted use is for a miniature golf establishments and a golf driving range. 2. Hours of operation limited to: a. 9 am – 8 pm Monday - Thursday b. 9 am – 10 pm Friday & Saturday Planning Board - October 3, 2024 ITEM: 1 - 1 - 1 c. Noon – 8 pm Sunday 3. In addition to UDO Section 5.5 Exterior Lighting, which regulates max illumination levels and full fixture cut-offs, the following will apply: a. Lighting poles for security lighting in the parking area and mini-golf areas would be limited to a 16’ height. b. Lighting poles for flood lighting of the driving range would be limited to 35’ and turned off outside of the hours of operation. c. Lighting fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas or motorists. 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 the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types, 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. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) CB district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ Planning Board - October 3, 2024 ITEM: 1 - 1 - 2 Z24-20 Staff Report PB 10.3.2024 Page 1 of 14 STAFF REPORT FOR Z24-20 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-20 Request: Rezoning to a Conditional CB district Applicant: Property Owner(s): Cindee Wolf with Design Solutions ZCH Investments, L.L.C. Location: Acreage: 4200 Castle Hayne Road 11.26 PID(s): Comp Plan Place Type: R01700-004-034-000 Community Mixed Use & Employment Center Existing Land Use: Proposed Land Use: Undeveloped Golf Driving Range and Putt-Putt Course Current Zoning: Proposed Zoning: R-20 (CZD) CB SURROUNDING AREA LAND USE ZONING North Dental Clinic, Cape Fear Spay & Neuter Clinic, Single-Family Residential, and Undeveloped Land RA, (CZD) O&I East Single-Family Residential, Commercial, and Light Industrial R-20, (CZD) B-2, & I-1 South Single-Family Residential, Undeveloped Land R-20 West Single-Family Residential, Undeveloped Land, General Electric, and Commercial Services (CS) R-20, (CZD) CS, & I-2 Planning Board - October 3, 2024 ITEM: 1 - 2 - 1 Z24-20 Staff Report PB 10.3.2024 Page 2 of 14 ZONING HISTORY July 1, 1985 Initially Zoned as R-20 (Castle Hayne) COMMUNITY SERVICES Water/Sewer CFPUA sewer and water are not available. The closest CFPUA water main is located approximately .5 mile south at Hermitage Road and the closest CFPUA sewer line is located approximately 1 mile south at Chair Road. The site will be serviced by a well and private septic system approved and permitted by New Hanover County Environmental Health. 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 Castle Hayne Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates approximately 3.4 acres of swamp forest conservation resource on the property which is below the ordinance threshold that triggers additional development standards. Historic No known historic resources Archaeological No known archaeological resources Planning Board - October 3, 2024 ITEM: 1 - 2 - 2 Z24-20 Staff Report PB 10.3.2024 Page 3 of 14 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The applicant is proposing to construct a driving range and miniature golf center with a 5,500 square foot office. The applicant’s concept plan also includes a chipping green, a putting green, and the location of a maintenance shed. • The stormwater system will be located along Castle Hayne Road as you enter the parking lot. The office is located along the western boundary, backing up to the adjacent residence with a buffer in between. • A sidewalk is shown leading from the office to the miniature golf course and tee boxes. • The chipping and putting greens are located on the northern side of the tee boxes. Driving Range Tee Boxes Proposed Stormwater Miniature Golf Office Maintenance Shed Chipping and Putting Greens Septic Tank Planning Board - October 3, 2024 ITEM: 1 - 2 - 3 Z24-20 Staff Report PB 10.3.2024 Page 4 of 14 • Along the eastern boundary is a gravel path leading to the maintenance shed, located at the very back of the property on the southern end. • A public drainage easement varies in width from 30’ to 15’ along the perimeter. • Under the proposed (CZD) CB zoning district, the applicant has offered an additional lighting condition such that all exterior lighting shall be cast downward and arranged so that light spillage and glare are not directed at adjacent properties, neighboring areas, or motorists. • The applicant’s proposed conceptual plan includes a 20’ side setback and Type A transitional buffer yard along the entire boundary and required adjacent to residential land by the County’s UDO. ZONING CONSIDERATIONS • The R-20 district was established in 1985. At the time the purpose of the R-20 district was to ensure that housing served by private septic and wells would be developed at low densities. • Since that time, the surrounding area has seen shifts towards the I-140 interchange to the south transitioning to a service node with flex commercial and mixed industrial uses along the Castle Hayne Road corridor going north and along Hermitage Road. • As currently zoned, the subject site would be allowed 21 dwelling units at a maximum density of 1.9 dwelling units per acre under performance residential standards. • 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. • An outdoor recreation establishment, as defined by the UDO, is commercial recreation or amusement outdoors (except adult entertainment), including but not limited to drive-in movie theaters, amusement parks or theme parks, fairgrounds, miniature golf establishments, golf driving ranges, water slides, and batting cages. • In the CB district, a minimum 25-foot rear setback, and 20-foot interior setback are required. • The UDO requires a Type A: opaque buffer yard where commercial uses abut residential uses. If approved, a Type A buffer would be required on all property boundaries. • 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 specifies that all exterior luminaries for nonresidential adjacent to single-family residential subdivisions shall be full cut-off features that are directed downward. The applicant is proposing to further limit the lighting pole heights and where taller fixtures are permitted, limiting the hours of use. Planning Board - October 3, 2024 ITEM: 1 - 2 - 4 Z24-20 Staff Report PB 10.3.2024 Page 5 of 14 • 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. AREA DEVELOPMENTS Planning Board - October 3, 2024 ITEM: 1 - 2 - 5 Z24-20 Staff Report PB 10.3.2024 Page 6 of 14 TRANSPORTATION Planning Board - October 3, 2024 ITEM: 1 - 2 - 6 Z24-20 Staff Report PB 10.3.2024 Page 7 of 14 CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 21 single-family dwelling units. PROPOSED ACCESS Primary Access Castle Hayne Road Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 16,804 Latest Traffic Volume (AADT) 14,500 Latest WMPO Point-in-Time Count (DT) Not available near subject parcel Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS U-5863 – Castle Hayne Road Improvements (post-2029 Completion) - Widen castle Hayne Road into multi- lanes from I-140 to Division Drive. Right- of-Way acquisition and utilities is currently scheduled to take place in FY 2025, with construction beginning after 2029. - The roadway project is currently proposed as a divided facility with a median, but this has not been finalized. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 18 20 +2 PM Peak Hour Trips 23 39 +16 Assumptions Typical Development with Existing Conditions – 21 single family detached dwellings Proposed Development – driving range (20 tees) and miniature golf Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed. Planning Board - October 3, 2024 ITEM: 1 - 2 - 7 Z24-20 Staff Report PB 10.3.2024 Page 8 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), and Class III (severe limitation) soils. CFPUA water and sewer are not available on site. • The site will be served by private well and septic which requires review and approval by Environmental Health. An independent soil scientist may also issue the septic permit if they so choose. If not, environmental health will require a viable subsurface sewage disposal area for the number of parking places they have for this proposed use. A suitable soil area for a sewage drain field disposal must be found on site for the initial system and 100% repair area. 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 minor arterial road that currently has capacity. There is one State Transportation Improvement Project (STIP) to widen Castle Hayne Road south of I-140. There are no immediate STIP plans for improvements north of I-140, however if approved at the October 7th BOC meeting, the Moore’s Crossing PD includes roadway improvements at that intersection. While permits have not been submitted, the approved commercial park to the south is anticipated to be required to make improvements in the curve on Castle Hayne Road as part of the driveway permitting process. Several other projects are currently under review or development in the vicinity, and while their traffic impact analyses did not take this specific proposal into account, all were developed to account for general traffic growth in the area. 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. Planning Board - October 3, 2024 ITEM: 1 - 2 - 8 Z24-20 Staff Report PB 10.3.2024 Page 9 of 14 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 A business-friendly environment that promotes growth, agility, and collaboration. The proposed (CZD) CB rezoning will help achieve the target to maintain new business growth within 2.5% of the state. Every resident has access to services that support their physical health and mental well- being. The proposed driving range and miniature golf will offer recreational activities to nearby residents. Planning Board - October 3, 2024 ITEM: 1 - 2 - 9 Z24-20 Staff Report PB 10.3.2024 Page 10 of 14 Representative Developments Representative Developments of R-20: Holland Drive Emerson Drive Planning Board - October 3, 2024 ITEM: 1 - 2 - 10 Z24-20 Staff Report PB 10.3.2024 Page 11 of 14 Representative Developments of CZD CB (Indoor/Outdoor Recreation Facilities): Holly Tree Tennis Club Cape Fear Country Club Planning Board - October 3, 2024 ITEM: 1 - 2 - 11 Z24-20 Staff Report PB 10.3.2024 Page 12 of 14 Context and Compatibility • The subject property is located at 4200 Castle Hayne Road, just north of the Castle Hayne Road/I-140 interchange. • The Castle Hayne Road corridor is seeing an increase in commercial development. Most recent was a rezoning across Castle Hayne Road to (CZD) B-2 for a Tractor Supply store. • Much of the surrounding area is changing from rural to higher density residential and commercial uses. The proposed development would offer recreational services to nearby residents. • Due to the location and surrounding development patterns, the property is less likely to be developed with low density housing. • The proposed concept plan positions the stormwater and associated parking close to Castle Hayne Road, with the office backing up to an adjacent single-family home with a required buffer in-between. Parking is located on the eastern portion of the site adjacent to another existing single-family home with a required buffer in-between. • The applicant proposed conditions include limiting the height of lighting poles in the parking and mini golf areas to 16’. It is proposed that the lighting poles will be limited to a height of 25-35’ in the driving range area, as that is the standard for Duke’s flood lighting, and the hours of lighting will be limited to the hours of operation. This will ensure better compatibility with the surrounding residential uses. • While the area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture of commercial uses. 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. Planning Board - October 3, 2024 ITEM: 1 - 2 - 12 Z24-20 Staff Report PB 10.3.2024 Page 13 of 14 Future Land Use Map Place Type Community Mixed Use & Employment Center 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 use include office, retail, mixed use, recreational, commercial, institutional, multi-family and single-family residential. Employment Center: Serves to provide areas for employment and production hub where office and light industrial uses predominate. It can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Analysis The subject property is in the northern portion of the county, located north of the I-140 interchange and Wrightsboro commercial node on Castle Hayne Road, a minor arterial roadway. The Comprehensive Plan classifies the northwestern portion of the property fronting Castle Hayne Road as Community Mixed Use, a common classification along the Castle Hayne Road corridor, while the remaining southeastern portion of the parcel falls within the Employment Center. The Community Mixed Use place type encourages recreational uses that attract county residents and visitors. The proposed (CZD) CB rezoning is consistent with the recreational and commercial uses and intensity recommended in the Comprehensive Plan more so than the single-family development allowed within the existing R- 20 zoning district. Furthermore, the proposed use would support the surrounding commercial and residential uses along the Castle Hayne Road corridor and future growth anticipated within the area. Consistency Recommendation The proposed (CZD) CB rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are in line with those recommended for Community Mixed Use and Employment Center place types, and the site is located near supportive land uses and along a transitioning commercial corridor. Planning Board - October 3, 2024 ITEM: 1 - 2 - 13 Z24-20 Staff Report PB 10.3.2024 Page 14 of 14 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, technical review. The proposed use is in line with the recommendations for the Community Mixed Use and Employment Center place type, includes relatively low traffic generators, and is located near supportive land uses. As a result, Staff recommends approval of the proposal and suggests the following motion with the proposed conditions: 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 the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types. I also find recommending APPROVAL of the rezoning request is reasonable and in 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 only permitted use is for a miniature golf establishments and a golf driving range. 2. Hours of operation limited to: a. 9 am – 8 pm Monday - Thursday b. 9 am – 10 pm Friday & Saturday c. Noon – 8 pm Sunday 3. In addition to UDO Section 5.5 Exterior Lighting, which regulates max illumination levels and full fixture cut-offs, the following will apply: a. Lighting poles for security lighting in the parking area and mini-golf areas would be limited to a 16’ height. b. Lighting poles for flood lighting of the driving range would be limited to 35’ and turned off outside of the hours of operation. c. Lighting fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas or motorists. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) 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 the rezoning provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types, 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. Planning Board - October 3, 2024 ITEM: 1 - 2 - 14 Planning Board - October 3, 2024 ITEM: 1 - 3 - 1 Planning Board - October 3, 2024 ITEM: 1 - 4 - 1 Planning Board - October 3, 2024 ITEM: 1 - 5 - 1 Initial Application Documents & Materials Planning Board - October 3, 2024 ITEM: 1 - 6 - 1 Page 1 of 7 Conditional Zoning District Application – Updated 06-2023 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom-mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz ZCH Investments, L.L.C. 520 Green Heron Drive Wilmington, NC 28411 732-485-1388 (Contact: Logan Zanki) loganzanki@gmail.com Planning Board - October 3, 2024 ITEM: 1 - 7 - 1 Page 2 of 7 Conditional Zoning District Application – Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if applicable) Please list all of the specific uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. N/A 4200 Castle Hayne Road 322119.61.4645 [R01700-004-034-000] 11.26 acres R-20 / Vacant Community Mixed-Use & Employment Center (CZD) CB 11.26 ac. 5,500 s.f. Proposed project is an outdoor recreational complex with a golf driving range & putt-putt course,along with associated parking and support facilites. Planning Board - October 3, 2024 ITEM: 1 - 7 - 2 Page 3 of 7 Conditional Zoning District Application – Updated 06-2023 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: Miniature Golf Course (ITE-430) / Golf Driving Range (ITE-432) Holes @ 18 / Tees @ 20 N/A + 8 = 8 6 + 25 = 31 Planning Board - October 3, 2024 ITEM: 1 - 7 - 3 Page 4 of 7 Conditional Zoning District Application – Updated 06-2023 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 2. How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. Planning Board - October 3, 2024 ITEM: 1 - 7 - 4 Page 5 of 7 Conditional Zoning District Application – Updated 06-2023 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Planning Board - October 3, 2024 ITEM: 1 - 7 - 5 Page 6 of 7 Conditional Zoning District Application – Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial  This application form, completed and signed (all property owners must sign signatory page)  Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review  Community Information Meeting Report (complete and signed by agent or all property owners)  Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda.  Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning  Conceptual Plan including the following minimum elements [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights-of- way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights-of-way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW CAW CAW N/A CAW CAW Planning Board - October 3, 2024 ITEM: 1 - 7 - 6 Planning Board - October 3, 2024 ITEM: 1 - 7 - 7 Planning Board - October 3, 2024 ITEM: 1 - 7 - 8 Planning Board - October 3, 2024 ITEM: 1 - 7 - 9 Legal DescripƟon for CondiƟonal District Rezoning of 4200 Castle Hayne Road Beginning at a point in the southeastern boundary of Castle Hayne Road (U.S. Hwy. 117), a 60’ public right-of-way; said point being at the northwestern-most corner of “Tract A,” shown on a plat enƟtled “Division for Leslie Lewis,” recorded among the land records of the New Hanover County Registry in Map Book 69, at Page 112, and running thence: South 36046’37” East, 527.92 feet to a point; thence South 36045’52” East, 778.34 feet to a point; thence South 53011’08” West, 179.22 feet to a point; thence South 89028’53” West, 297.86 feet to a point; thence North 36011’32” West, 901.37 feet to a point; thence North 35047’34” West, 27.51 feet to a point; thence North 49031’19” East, 162.00 feet to a point; thence North 42027’46” West, 173.69 feet to a point in the southeastern boundary of Castle Hayne Road; thence with that right-of-way, North 53016’24” East, 267.28 feet to the point and place of beginning, containing 11.26 acres, more or less. Planning Board - October 3, 2024 ITEM: 1 - 7 - 10 Page 1 of 2 Community Information Meeting Report – Approved 06-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Address/Location Parcel Identification Number(s) Meeting Date and Time Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid Selection Criteria for Location Meeting Summary Issues and Concerns Discussed at Meeting 4200 Castle Hayne Road 322119.61.4645 [R01700-004-034-000] June 26, 2024 / 6:00 p.m. In-person w/ info provided for alternative contact if not able to attend Northern Regional Park - Shelter #2 Proximity to the subject project site Planning Board - October 3, 2024 ITEM: 1 - 7 - 11 Page 2 of 2 Community Information Meeting Report – Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial  A list of names and addresses of attendees  A list of the names and addresses of invitees and copies of any returned mailings received to date  A copy of the mailed notice with all attachments  A copy of all materials distributed or presented at the meeting Acknowledgement and Signatures By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] _____________________________. A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Signature of Applicant or Applicant’s Agent Print Name Date CAW CAW CAW CAW Cynthia Wolf - Design Solutions August 26, 2024 Planning Board - October 3, 2024 ITEM: 1 - 7 - 12 Planning Board - October 3, 2024 ITEM: 1 - 7 - 13 Planning Board - October 3, 2024 ITEM: 1 - 7 - 14 Planning Board - October 3, 2024 ITEM: 1 - 7 - 15 Planning Board - October 3, 2024 ITEM: 1 - 7 - 16 ADJACENT OWNERS MAILING ADDRESS CITY / STATE / ZIP BLACKMAN JOHN M PO BOX 15681 WILMINGTON NC 28408 CHICKEN COOP ENTERPRISES LLC 4229 CASTLE HAYNE RD CASTLE HAYNE NC 28429 CONCRETE SERV CO OF JACKVLE PO BOX 1867 FAYETTEVILLE NC 28302 DEGIFFARDE CLAUDIO GWENDOLYN 307 HERMITAGE RD CASTLE HAYNE NC 28429 DIAZ JUAN CECILIA G 4815 CASTLE HAYNE NC CASTLE HAYNE NC 28429 DRISH JOHN SR DAPHNA ETAL PO BOX 12310 WILMINGTON NC 28405 DUPRIEST MAUDE REE HEIRS PO BOX 580 CASTLE HAYNE NC 28429 HERMITAGE PROP HOLDINGS LLC PO BOX 571 WRIGHTSVILLE BEACH NC 28480 HERRON APRIL G JAMES D 1008 TIDINGS RD LELAND NC 28451 KAPCOR LLC 660 AUGUSTINE AVE SUPPLY NC 28462 KORNEGAY RONALD E NINA M 4241 CASTLE HAYNE RD CASTLE HAYNE NC 28429 LEWIS LESLIE 4128 CASTLE HAYNE RD CASTLE HAYNE NC 28429 MEADOWS PAUL ERIC DEANNE 4717 INDIAN CORN TRL CASTLE HAYNE NC 28429 MULLINS DAVID WAYNE 204 RENWOOD CIR WILMINGTON NC 28405 MULLINS WILLIAM R MICHELE L 4228 CASTLE HAYNE RD CASTLE HAYNE NC 28429 NESTER GLENN JANET 2955 ORVILLE WRIGHT WAY #120 WILMINGTON NC 28405 OUTDOOR EXPERTS LLC 170 N PASSERINE PATH HAMPSTEAD NC 28443 RAMIREZ FRANCISCO J 4120 CASTLE HAYNE RD CASTLE HAYNE NC 28429 SHARP WILLIAM C ETAL 205 HERMITAGE RD CASTLE HAYNE NC 28429 SZCZERBIAK STEPHEN JR DEBRA 104 MCDOUGALD DR CASTLE HAYNE NC 28429 VELASCO PEDRO M 1847 US HIGHWAY 421 WILMINGTON NC 28401 WARING PAYTON E DUNCAN M 4121 CASTLE HAYNE RD CASTLE HAYNE NC 28429 WHITE FAMILY TRUST 300 HERMITAGE RD CASTLE HAYNE NC 28429 ZCH INVESTMENTS LLC 520 GREEN HERON DR WILMINGTON NC 28411 Planning Board - October 3, 2024 ITEM: 1 - 7 - 17 June 12, 2024 To: Adjacent Property Owners Re: “Garage Village” The owners of the 11.26-acre tract at 4200 Castle Hayne Road, ZCH Investments, L.L.C., are interested in developing a unique type of storage business, providing private ownership, garage-style, units. The property is within the proximity of your lands. The proposal would require that a Conditional Zoning District be reapproved by New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, this means that only the use, structures & layout of an approved proposal can be developed. An exhibit of the project layout is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Wednesday, June 26th, at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is across from the tennis / pickleball courts. If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Planning Board - October 3, 2024 ITEM: 1 - 7 - 18 Planning Board - October 3, 2024 ITEM: 1 - 7 - 19 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz August 12, 2024 To: Adjacent Property Owners From: Cindee Wolf Re: 4200 Castle Hayne Road You may recall that an informational meeting was held back in June, concerning the potential development of the subject tract for a storage garage facility. The possibility for development of a golf driving range was also discussed at the meeting, with more positive feedback from attendees. The owners of the 11.26-acre tract, ZCH Investments, L.L.C., are now moving forward with that alternative project. An exhibit of the general layout is attached. The proposal would still require that a Conditional Zoning District be approved by New Hanover County. A Conditional Zoning District allows particular uses to be established - only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, it means that only this new use and layout – if approved - can be developed. You are welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions as to further explanation of the proposal, process schedule, project improvements, benefits and impacts. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Planning Board - October 3, 2024 ITEM: 1 - 7 - 20 Planning Board - October 3, 2024 ITEM: 1 - 7 - 21 Concept Plan Planning Board - October 3, 2024 ITEM: 1 - 8 - 1 Planning Board - October 3, 2024 ITEM: 1 - 9 - 1 Public Comments In Support 0 Neutral 0 In Opposition 0 Planning Board - October 3, 2024 ITEM: 1 - 10 - 1