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HomeMy WebLinkAboutZ24-20 - BOC Staff ReportZ24-20 Staff Report BOC 11.18.2024 Page 1 of 15 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 Undeveloped Commercial Services (CS) R-20, (CZD) CS, & I-2 Z24-20 Staff Report BOC 11.18.2024 Page 2 of 15 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 Z24-20 Staff Report BOC 11.18.2024 Page 3 of 15 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 Z24-20 Staff Report BOC 11.18.2024 Page 4 of 15 · 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 southern and western perimeter of the site. · Under the proposed (CZD) CB zoning district, the applicant has offered an additional lighting condition regarding limiting light spillage and glare, limitations to the height of lighting fixtures, and limitations to the hours of use of lighting on the driving range. · The applicant’s proposed conceptual plan includes a 20’ side setback and Type A transitional buffer yard along the entire boundary, as required by the County’s UDO with the exception of where the site abuts the CS district. 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 with the exception of where the site abuts the CS district. · 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. Z24-20 Staff Report BOC 11.18.2024 Page 5 of 15 · 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 Z24-20 Staff Report BOC 11.18.2024 Page 6 of 15 TRANSPORTATION Z24-20 Staff Report BOC 11.18.2024 Page 7 of 15 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 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) ROADWAY PROJECTS U-5863 – Castle Hayne Road Improvements (Unfunded at this time) - Widen castle Hayne Road into multi- lanes from I-140 to Division Drive. - The roadway project is currently proposed as a divided facility with a median, but this has not been finalized. - Project is currently unfunded at this time. 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. Z24-20 Staff Report BOC 11.18.2024 Page 8 of 15 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 the recently approved 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. Z24-20 Staff Report BOC 11.18.2024 Page 9 of 15 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. Z24-20 Staff Report BOC 11.18.2024 Page 10 of 15 Representative Developments Representative Developments of R-20: Holland Drive Emerson Drive Z24-20 Staff Report BOC 11.18.2024 Page 11 of 15 Representative Developments of CZD CB (Indoor/Outdoor Recreation Facilities): Holly Tree Tennis Club Cape Fear Country Club Z24-20 Staff Report BOC 11.18.2024 Page 12 of 15 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. Z24-20 Staff Report BOC 11.18.2024 Page 13 of 15 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. Z24-20 Staff Report BOC 11.18.2024 Page 14 of 15 PLANNING BOARD MEETING The Planning Board considered this application at the October 3, 2024 meeting. The Board discussed potential impacts to adjacent neighbors, the septic tank location and permit issuance, and expressed support for the request stating the uses were in line with the development of the surrounding area. A change in the conditions was requested by the applicant so that the proposed hours of operation for Sunday be the same as Monday – Thursday. The Planning Board voted (6- 0) to recommend approval of the petition with the one modified condition. 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 application limits uses to those which are more appropriate for the area and additional conditions reduce the impact on adjacent residential areas. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and 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 APPROVE 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. Applicant Proposed Conditions: 1. The only permitted use is for a miniature golf establishment and a golf driving range. 2. Hours of operation limited to: a. 9 am – 8 pm Sunday - Thursday b. 9 am – 10 pm Friday & Saturday 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. Z24-20 Staff Report BOC 11.18.2024 Page 15 of 15 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 DENY 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 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.