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HomeMy WebLinkAboutZ24-19 BOC Staff ReportZ24-19 Staff Report BOC 10.7.2024 Page 1 of 17 STAFF REPORT FOR Z24-19 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-19 Request: Rezoning to a Conditional CS district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Harry Wilson with H N Investments, LLC Location: Acreage: 308 Hermitage Road 5.17 PID(s): Comp Plan Place Type: R02500-002-034-000 Employment Center Existing Land Use: Proposed Land Use: Undeveloped Wholesale Nursery and Other Limited Uses Current Zoning: Proposed Zoning: (CZD) CS, Commercial Services (CZD) CS, Commercial Services SURROUNDING AREA LAND USE ZONING North Single-Family Residential and Wooded Land R-20 East Undeveloped Land and Mixed Industrial Uses (CZD) CS & I-1 South Existing Wholesale Nursery and Undeveloped Land (CZD) CS & B-2 West NC State Horticultural Crops Research Station R-20 Z24-19 Staff Report BOC 10.7.2024 Page 2 of 17 ZONING HISTORY July 1, 1985 Initially zoned R-20 (Area Castle Hayne) April 4, 2022 Z22-06 rezoned 30.41 acres for a flex space business park and existing nursery COMMUNITY SERVICES Water/Sewer Public water is available through CFPUA. Public sewer is not available in the area. The project proposes a private septic system which must be reviewed and approved by New Hanover County Environmental Health. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Fire Station Schools Laney High School, Holly Shelter Middle School, Castle Hayne Elementary School Recreation Northern Regional Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z24-19 Staff Report BOC 10.7.2024 Page 3 of 17 CURRENT APPROVED CONCEPTUAL PLAN Includes Staff Markups • On April 4, 2022 the Board of Commissioners approved a 30.41 acre conditional rezoning at 308 and 312 Hermitage Road for the New Leaf Landing commercial business park. The approved rezoning included 130,000 square feet of commercial flex space in addition to an existing wholesale nursery operation. • The project consisted of 11 flex commercial buildings, the existing nursery at the rear of the site, and a shared stormwater pond along the western property line. • The approved (CZD) CS district allowed all uses permitted in the CS district such as indoor recreation, business service center, contractor office, general retail, and warehousing. • The site included two points of access onto Hermitage Road which were approved as part of a Traffic Impact Analysis (TIA) for the project. Existing Nursery Septic Proposed Nursery Relocation Flex Space Septic St o r m w a t e r Stormwater Z24-19 Staff Report BOC 10.7.2024 Page 4 of 17 • Public sewer is not available in the area and the approved concept plan included multiple septic areas to support the development. • The project has not begun construction and no improvements have been made to the property since the rezoning approval in 2022. • The area outlined in Blue on the approved concept plan above is the area under consideration for the current rezoning request. APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups Hermitage Road Ex i s t i n g P r i v a t e D r i v e Septic Stormwater Office and Warehouse Outdoor Bulk Storage Outdoor Plant Storage Outdoor Plant Storage Pr o p o s e d P r i v a t e D r i v e Z24-19 Staff Report BOC 10.7.2024 Page 5 of 17 • The proposed rezoning shifts the location of the nursery from the southern portion of the site to the northwestern portion of the site and proposes to remove the 5.17-acre parcel from the master plan for the business park. • While the subject parcel was subdivided from the parent tract in November 2023, the CZD CS district approved in 2022 would still apply, and the property could be developed by the separate owner. The proposed changes to the site design, access, stormwater, however, would constitute a substantial deviation from the original approval, requiring a rezoning of the parcel. The applicant has elected to move forward with a rezoning of only the subject parcel, which would remove it from the master plan for the business park. • The use of wholesale nursery is permitted in both the R-20 and the CS zoning districts. The existing wholesale nursery has been operating from the property since 2021. • The applicant subdivided 5.17 acres from the northwestern corner of the 30.41-acre commercial park in 2023. • The proposed concept plan for the wholesale nursery includes a 10,000 square foot office and warehouse building with associated parking and a stormwater pond in the northwest corner of the site. • The site will be accessed by a new separate full access driveway onto Hermitage Road and does not propose access to the New Leaf Landing project. • An outdoor storage area for rock, mulch and bulk materials is on the southeastern side of the site away from Hermitage Road and adjacent to the existing private drive for the New Leaf Landing project. A condition has been included guaranteeing the location of outdoor storage is limited to the area shown on the concept plan for the Wholesale Nursery and any other future use. • Plant storage areas for the Wholesale Nursery are located on the north and western sides of the property and provide additional visual and spatial buffers to Hermitage Road and the neighboring NC State Horticultural Crops Research Station. If developed for a different use in the future, a transitional buffer will be required along the western property line. • In addition to the wholesale nursery use, the project proposes allowing most uses within the CS district. A condition has been included prohibiting the following uses and use categories listed in Table 4.2.1 Principal Use Table: o Civic o Educational Services o Government Services o Heath Care Services o Food & Drink (including Bar / Nightclub) o Convenience Store o Food Market o Grocery Store o Pharmacy o Bank and / or Financial Institution o Carwash o Commercial Recycling Facility, Large Collection, Small Collection, Processing, and Processing and Collection Z24-19 Staff Report BOC 10.7.2024 Page 6 of 17 ZONING CONSIDERATIONS • In April 2022 the parcel was rezoned as part of a 30.41-acre (CZD) CS rezoning for a commercial park that also included an existing wholesale nursery operation. • The CS district was established to accommodate a mixture of light manufacturing, wholesale, storage, commercial service and repair, and distributive business type uses. It functions as a support district to nearby industrial and commercial uses. The district is designed to act as a transitional land use between intensive industrial and commercial development and less intensive commercial, office, and institutional uses. • If approved, the proposed (CZD) CS district for the nursery would be a separate district distinct from the (CZD) CS district that applies to the New Leaf Landing project. • Because the New Leaf Landing Business Park has not been developed, removal of the 5.17 acres from the business park site will impact the future site design of the park. • An alternative site design for New Leaf Landing has not been proposed and future development of New Leaf Landing will need to be evaluated by staff to determine if the changes meet the criteria for a Minor Deviation under Section 10.3.3.C.7.b of the UDO. If the future site design is not determined to be a minor deviation, the New Leaf Landing Business Park conditional rezoning will need to be approved by the Board of Commissioners through the rezoning public hearing process. • The use of Wholesale Nursery is classified in Table 4.2.1 Principal Use Table as an agricultural use. Agricultural uses are not required to provide transitional buffers when they are adjacent to commercial or residential zoning districts. • A Type A opaque buffer would be required along the western property line for any future commercial or industrial use. The buffer requirement would be determined by staff through the Change of Use permit review process. • While transitional buffers are not required for the wholesale nursery, the project provides areas for outdoor storage of trees and other plants along the property lines that could serve a similar function as a landscaped buffer. • The site will also be subject to the parking lot and street landscaping requirements of Section 5.4 of the UDO. • The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5- foot candles and 1.0-foot candles at the northern property line adjacent to the religious institution. • If approved, the project would be subject to Technical Review Committee (TRC) 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. Z24-19 Staff Report BOC 10.7.2024 Page 7 of 17 AREA DEVELOPMENTS Z24-19 Staff Report BOC 10.7.2024 Page 8 of 17 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning 21,000 square feet of the 130,000 square foot New Leaf Landing business park PROPOSED ACCESS Primary Access Hermitage Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Hermitage Road Castle Hayne Road Type of Roadway NCDOT secondary road NCDOT minor arterial Roadway Planning Capacity (AADT) 4,000 15,549 Z24-19 Staff Report BOC 10.7.2024 Page 9 of 17 Latest Traffic Volume (AADT) 4,000 12,500 Latest WMPO Point-in-Time Count (DT) 37,645 Castle Hayne Road between Sondey and Crowatan Roads – 11,998 Current Level of Congestion Available Capacity Available capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: NCDOT (2023) Source of WMPO Point-in-Time County: WMPO (2023) NEARBY NCDOT STIP ROADAWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Vehicle Service Station, Minor – The Highest Traffic Generating Use Under Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 32 58 +26 PM Peak Hour Trips 37 87 +50 Assumptions Typical Development with Existing Conditions – 21,000 sq ft of business park Proposed Development – 10,000 sq ft office and warehouse for an approximately 5-acre wholesale nursery. Future uses limited to those that do not trigger the ordinance requirement for a TIA. 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 project is on a local road that currently has capacity. Castle Hayne Road at the Hermitage Road intersection also currently has capacity. A TIA for the New Leaf Landing business park was approved by the WMPO and NCDOT in 2021. The TIA required new turn lanes at the intersections of Castle Hayne and Hermitage Road, and Castle Hayne and Crowatan Road. The project under consideration requests to be removed from the New Leaf Landing business park and the TIA that applies to that project. In addition to the Wholesale Nursery, the applicant is proposing most of the other uses allowed in the CS district. The applicant has included a condition limiting the future uses to those that typically generate less traffic to reduce traffic impacts. The project has also received approval from NCDOT for the proposed driveway. If a TIA is required by a future use, it will require additional review and approval by the Board of Commissioners. Additionally, a proposed Planned Development (PD) is also under consideration in the area. The TIA for that project includes a new traffic signal and other improvements to Castle Hayne Road in the general vicinity of the site. Z24-19 Staff Report BOC 10.7.2024 Page 10 of 17 ENVIRONMENTAL • The property is not within a Natural Heritage Area or the 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. The proposed septic system must be reviewed and approved by New Hanover County Environmental Health. 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 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 the expansion of an existing business. Z24-19 Staff Report BOC 10.7.2024 Page 11 of 17 Representative Developments Representative Developments of Flex Commercial: Exchange Drive Old Wrightsboro Industrial Park Z24-19 Staff Report BOC 10.7.2024 Page 12 of 17 Representative Developments of Wholesale & Retail Nursery: Tinga Nursery – Castle Hayne Road Five Oaks Nursery – Old Winter Park Road Z24-19 Staff Report BOC 10.7.2024 Page 13 of 17 Context and Compatibility • The subject parcel was included as part of the New Leaf Landing commercial business park conditional CS rezoning in 2022 which was found to be generally consistent with the 2016 Comprehensive Plan because the park would allow the types of commercial uses encouraged in the Employment Center place type. The existing CZD CS was also found to provide an appropriate transition between the existing industrial development to the east and lower intensity residential and agricultural development to the west. • The proposed rezoning shifts the location of the nursery from the southern portion of the site to the northern portion of the site and establishes a new driveway access for the nursery and a reduced set of potential future uses allowed in the CS district. • The proposed rezoning will result in changes to the currently approved business park. The developer of the business park will be required to address the removal of the project site and re-design all or a portion of the business park. As that re-design has not been done, staff is unable to provide an analysis of whether the site would be required to obtain any additional rezoning approvals before development may begin. • The property and the existing nursery are both adjacent to the NC State Horticultural Crops Research Station. The station engages in agricultural research through growing plants including different types of crops and ornamental flowering plants, trees, and grasses used in landscaping and other nursery products. • Due to the lack of public sewer, residential development in the Castle Hayne area has remained predominately low density. However, the area’s location between Holly Shelter Road and the I-40 interchange to the north and the Castle Hayne Road and I-140 interchange to the south has led to increased commercial and industrial activity in the Castle Hayne Road corridor. • Nearby rezoning approvals include a (CZD) CS district rezoning immediately north of the intersection of Castle Hayne Road and Hermitage Road, and an application for a mixed use Planned Development southwest of the I-140 interchange. • Continued interest in commercial development in the vicinity of the I-140 corridor and proximity to the GE campus indicates the general area may transition into a future service node. 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. Z24-19 Staff Report BOC 10.7.2024 Page 14 of 17 Future Land Use Map Place Type Employment Center Place Type Description Serves as an 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 Comprehensive Plan designates this property as Employment Center, a land use classification that promotes office, industrial, commercial, and retail development. The Comprehensive Plan also specifically designates the Hermitage Road area, along with Dutch Square and Northchase as areas applicable for the place type. The area’s location between Holly Shelter Road and the I-40 interchange to the north and the Castle Hayne Road and I-140 interchange to the south has led to increased commercial and industrial activity in the Castle Hayne Road corridor. Continued interest in commercial development in the vicinity of the I-140 corridor and proximity to the GE campus indicates the general area will likely transition into a future service node. Both the CS district and the Employment Center place type are designed to foster economic growth, provide job opportunities, and ensure development is compatible with surrounding areas and infrastructure. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the district provides an appropriate transition between the existing industrial development to the east and lower intensity residential and agricultural development to the east. Z24-19 Staff Report BOC 10.7.2024 Page 15 of 17 PLANNING BOARD MEETING The Planning Board considered this application at the September 5, 2024 meeting. No one spoke in support of or in opposition to the request. The Planning Board expressed support for the project but also expressed concerns the owner of the New Leaf Landing business park may not be fully aware of the potential impacts to that project if the 5.17-acre site was rezoned separately. Following discussion, the board proposed a condition requiring that before the Board of Commissioners meeting the applicant provide evidence of due diligence to attempt to communicate potential impacts with the owner of the business park site. The applicant consented to the condition and the Planning Board voted (6-1) to recommend approval of the petition with two staff recommended conditions and an additional condition discussed during the meeting. Planning Board member Pete Avery dissented stating he supported the rezoning request but did not agree the additional condition was necessary for the application. The Planning Board recommended the following conditions: 1. All uses in the CS district are permitted except for the following uses and use categories listed in Table 4.2.1 Principal Use Table: o Civic o Educational Services o Government Services o Heath Care Services o Food & Drink (including Bar / Nightclub) o Convenience Store o Food Market o Grocery Store o Pharmacy o Bank and / or Financial Institution o Carwash o Commercial Recycling Facility, Large Collection, Small Collection, Processing, and Processing and Collection 2. Outdoor storage, except for plants, for the Wholesale Nursery and any future uses is restricted to the Rock & Mulch / Bulk Materials area as shown in the southeastern corner of the concept plan. 3. Before the October 7, 2024 Board of Commissioners meeting the applicant shall provide evidence of due diligence to attempt to communicate potential impacts of the proposed rezoning with the owner of the adjacent business park site. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the rezoning allowed the relocation of an existing business that would support the area’s transition into a service node. Z24-19 Staff Report BOC 10.7.2024 Page 16 of 17 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, technical review. The site was included as part of the New Leaf Landing commercial business park conditional CS rezoning in 2022 which was found to be generally consistent with the 2016 Comprehensive Plan because the park would allow the types of commercial uses encouraged in the Employment Center place type. While the site remains generally consistent with the 2016 Comprehensive Plan and provides an appropriate transition between the existing industrial development to the east and lower intensity residential and agricultural development to the east, impacts to the remaining business park are not known. Staff would have preferred if the applicant worked with the business park owner to modify the TIA, if required, and current (CZD) CS concept plan to fully analyze the overall site and any additional potential impacts to the area. As a result, Staff recommends denial of the request and suggests the following motion: I move to DENY the proposed rezoning. While I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. I find DENIAL of the rezoning request is reasonable and in the public interest because the project may impact the future development of an approved commercial business park. Alternative Motion for Approval (If based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds approval appropriate.) The Planning Board’s additional recommended condition requires the applicant provide additional information to the Board of Commissioners ahead of the October 7 meeting. Staff considers the condition to be a request for the applicant to provide additional information to the Board of Commissioners to help inform their final decision. Since the recommended condition is not specific to the site design or a clarification of the applicant’s intent, it has not been included with the alternative motion of approval. Staff does recommend that the applicant provide the requested information to the Board of Commissioners at their public hearing for this request. I move to APPROVE the proposed rezoning. I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the rezoning allows the relocation of an existing business that would support the area’s transition into a service node. Proposed Conditions: 4. All uses in the CS district are permitted except for the following uses and use categories listed in Table 4.2.1 Principal Use Table: o Civic o Educational Services o Government Services o Heath Care Services o Food & Drink (including Bar / Nightclub) o Convenience Store o Food Market Z24-19 Staff Report BOC 10.7.2024 Page 17 of 17 o Grocery Store o Pharmacy o Bank and / or Financial Institution o Carwash o Commercial Recycling Facility, Large Collection, Small Collection, Processing, and Processing and Collection 5. Outdoor storage, except for plants, for the Wholesale Nursery and any future uses is restricted to the Rock & Mulch / Bulk Materials area as shown in the southeastern corner of the concept plan.