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HomeMy WebLinkAboutZ23-20 (CZD)B-2 BOC Report FINALZ23-20 Staff Report BOC 12.11.2023 Page 1 of 16 STAFF REPORT FOR Z23-20 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-20 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf, Design Solutions Hanover Lakes, L.L.C. Location: Acreage: 2117 Castle Hayne Rd 2.20 PID(s): Comp Plan Place Type: R04100-001-146-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Flex Space, max 18,000 SF with uses limited to: indoor recreation establishment (shooting ranges prohibited), animal grooming/ veterinary (kennel or daycare prohibited), business service center, contractor office, offices for private business & professional activities, personal services, general (tattoo parlors prohibited), instructional services & studios, retail sales, general, restaurant (no drive-thru) Current Zoning: Proposed Zoning: (CZD) O&I (CZD) B-2 SURROUNDING AREA LAND USE ZONING North Detached Single Family Residential R-20 Z23-20 Staff Report BOC 12.11.2023 Page 2 of 16 East Detached Single Family Residential and a Commercial Auto Repair Shop AR South Detached Single Family Residential R-15 West Detached Single Family Residential R-15 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area 10A) December 4, 2006 Rezoned to R-15 for the Hanover Lakes residential development. May 4, 2016 Rezoned to (CZD) O&I with the intent to develop a commercial office building. COMMUNITY SERVICES Water/Sewer Public water and sewer services are available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z23-20 Staff Report BOC 12.11.2023 Page 3 of 16 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct three, 6,000 SF one-story buildings for commercial flex space. The applicant has included a condition restricting the maximum height of the buildings to 25 feet. • Located toward the southern edge of the property is one fenced outdoor storage area, opening to the utility courtyards. The garage doors will open toward the utility courtyards. • A landscaping contractor is currently anticipated to occupy the structure farthest from Castle Hayne Road. Storefronts will be facing customer parking. • The dumpster will be screened and located on the northern edge of the property away from adjacent residents. • Under the proposed CZD B-2 zoning district, a condition has been offered limiting the allowed uses to the following: indoor recreation establishment (shooting ranges prohibited), animal grooming/veterinary office (kennel and daycare prohibited), business service center, contractor office, offices for private business and professional activities, personal services (general with tattoo parlors prohibited), instructional services and studios, general retail sales, and restaurant (no drive-thru). These uses are intended to serve nearby residents and vehicular traffic along the Castle Hayne Road corridor and are common along minor arterial roadways. R-20 Single Family Residential R-15 Single Family Residential Proposed Bike/Ped Access Easement Dumpster Z23-20 Staff Report BOC 12.11.2023 Page 4 of 16 • The applicant’s proposed conceptual plan includes a combined vegetative and fenced buffer yard to the south along the adjacent residential neighborhood Hanover Lakes, and a vegetative buffer yard to the west and north along residentially zoned parcels and as required by the UDO Table 5.4.3.B.2. ZONING CONSIDERATIONS • While the area is primarily a mix of lower density residential districts such as R-15, the Castle Hayne corridor has seen an increasing shift toward more commercial districts and uses, a trend that is expected to continue. • The area directly south of the Hanover Lakes Subdivision is zoned B-1 and B-2, and approximately 1,500 north of the site are parcels zoned O&I, CB, and B-2. And while zoned AR, the parcel directly across Castle Hayne Road is currently used as an Auto Repair Shop. • In December 2006, the site was first rezoned from R-20 to R-15 as part of the Hanover Lakes residential development. • The subject parcel of 2.20 acres was not included in the preliminary plat approval to develop the Hanover Lakes residential subdivision. • On May 4, 2016 the site was rezoned to (CZD) O&I (case Z-953) in order to develop a commercial office building. The rezoning was requested by the developer of the adjacent Hanover Lakes Subdivision with the intent to provide neighborhood related services that benefit the surrounding residents along the Castle Hayne Road corridor. Under the 2006 CAMA Land Use Plan in effect at the time, the property was classified as Transition and determined to be suitable for intensive urban development. Z-953, original site plan • The approved site plan consists of one 12,970 SF office building not to exceed 20’ in height, 44 parking spaces, and a stormwater management pond located to the rear of the Parking Wetlands Z23-20 Staff Report BOC 12.11.2023 Page 5 of 16 property. The buffer yard required at the time, and as shown on the approved plan, is 27.5’ from the residentially zoned properties to the south. • Under the existing conditional O&I district possible uses include: antenna and towers less than 70’, barber/beauty shop, child care center, offices for private business and professional activities, principal use sign, and small and large recycling facilities. • Four conditions were included as part of the original rezoning approval and are currently in effect for the property. All four conditions from rezoning case Z-953 will remain in effect. The applicant for the rezoning under consideration has included the existing conditions as part of their rezoning request. 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. • If the rezoning request to (CZD) B-2 is approved, the parcel would be subject to the B-2 side and rear setbacks from residential properties. The current O&I district requires a 55’ side setback and a 74.6’ rear setback to the adjacent residential properties based on the proposed 20’ building height. • The UDO prescribes a Type A: Opaque Buffer between B-2 districts and adjacent residential uses. This can include fencing, a berm and/or vegetation. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5-foot candles. The UDO does not prescribe limitations on the height, wattage, bulb-type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • If approved, the project would be subject to the Technical Review Committee and zoning compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z23-20 Staff Report BOC 12.11.2023 Page 6 of 16 AREA SUBDIVISIONS UNDER DEVELOPMENT Z23-20 Staff Report BOC 12.11.2023 Page 7 of 16 TRANSPORTATION Z23-20 Staff Report BOC 12.11.2023 Page 8 of 16 CURRENT CONDITIONS Intensity of Current Zoning Development under current zoning would allow a maximum building of 12,970 SF office space. PROPOSED ACCESS Primary Access Castle Hayne Road via a full access driveway. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 15,459 Latest Traffic Volume (AADT) 16,000 (2021 NCDOT AADT) Latest WMPO Point-in-Time County (DT) 20,123 Current Level of Congestion Above planning capacity NEARBY NCDOT STIP ROADAWAY PROJECTS U-5863 – Castle Hayne Road Widening (Unfunded at this time, post-2029 Completion) - Widen Castle Hayne Road into multi-lanes from I-140 to Division Drive. Right-of-Way acquisition and utilities are currently scheduled to take place in FY 2025, with construction beginning after 2029. U-5954 – 23rd Street Roundabout (Scheduled for 2027) - Construct a roundabout at the 23rd Street and Castle Hayne Road intersection TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 99 99 0 PM Peak Hour Trips 99 99 0 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is required to be under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA), per the current condition that is to remain. Z23-20 Staff Report BOC 12.11.2023 Page 9 of 16 SUMMARY The proposed project is located along a minor arterial road that is currently above capacity. The Castle Hayne Road widening project would theoretically decrease congestion in the area however it is unfunded at this time. Several other projects are currently under review or development in the vicinity; and while their traffic impact analyses did not take this proposal into account, all were developed to take into account general traffic growth in the area. The original rezoning condition limits trips to under 100 peak hour trips with the intention of promoting less intensive commercial projects along the corridor. The condition remains and is included. While a TIA would not be required for development of the site as it exists and is proposed, the site must be reviewed and approved through the NCDOT driveway permit process. The Castle Hayne Road widening project is currently being designed and could potentially restrict access to right-in right-out. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The remainder of the property is within the Shaded Zone X (0.2% annual flood risk) Special Flood Hazard Area. This is considered an area of moderate to low risk and is not subject to floodplain development requirements or density restrictions for new development. • The property is within the Ness 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. However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis Through planned growth and development, residents have access to their basic needs. The strategic objective to achieve this desired outcome includes providing residents with space to accommodate small businesses that support the local economy. The proposed CZD B-2 rezoning will allow businesses that could support the surrounding community to locate in a transitional area along a major roadway corridor and in close proximity to a number of households. Z23-20 Staff Report BOC 12.11.2023 Page 10 of 16 A business-friendly environment that promotes growth, agility, and collaboration. The plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable new businesses. Representative Developments Representative Developments of (CZD) O&I: Child Care Center and Cell Tower – Van Dyke Drive Health Care Facility Z23-20 Staff Report BOC 12.11.2023 Page 11 of 16 Representative Developments of (CZD) B-2: Boat and Vehicle Sales – Market Street Murrayville Station Business Park – Exchange Drive Z23-20 Staff Report BOC 12.11.2023 Page 12 of 16 Context and Compatibility • The property is located on Castle Hayne Road just south of Wrightsboro and north of the interchange with Martin Luther King Jr. Parkway. • The Castle Hayne Road corridor on which the parcel is located, is dotted with similar sized parcels that have been rezoned to CB, B-1, B-2, and O&I districts in the nearby Wrightsboro commercial node from the original R-20 zoning district. Therefore, the proposed use and intensity aligns with the surrounding development pattern. • Residential growth in the area coupled with an expanded transportation network to the north (I-140) and south (Martin Luther King Jr. Pkwy) have increased demand for commercial services along Castle Hayne Road. A future NCDOT project to widen Castle Hayne Road to alleviate congestion and prepare for expected future growth has been included in the STIP but is currently unfunded. • The applicant’s concept plan includes design features which take into consideration the adjacent residential community of Hanover Lakes by positioning the drive aisle and parking away from neighboring residents. This, along with the proposed and required buffer and fencing provide a similar or improved aesthetic to the existing business uses along Castle Hayne Road. • Due to the site’s proximity to adjacent single-family residential to the south, the design of lighting associated with the business use may need additional consideration to ensure compatibility. 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. Z23-20 Staff Report BOC 12.11.2023 Page 13 of 16 Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis The proposed development is located along the Castle Haye Road corridor between the interchange with Martin Luther King Parkway and Wrightsboro. Expansion of Castle Hayne Road is a proposed project being considered by NCDOT along with plans for a bicycle lane to accommodate the growing commercial corridor connecting Wilmington to Castle Hayne. Surrounded on three sides by residential districts, the parcel is in close proximity to the population the businesses will employ and serve. Locating commercial use along the roadway provides an appropriate density transition to the adjacent residential districts. A goal of the Community Mixed Use place type is to promote small-scale mixed use development patterns such as the proposed rezoning that provide a transition from lower intensity commercial uses along a commuter corridor, to more dense residential districts to the south and west. Conditions have been provided which assure adjacent property owners a concept plan which considers noise and traffic and a list of approved uses which will support the surrounding community. The types of uses conditioned are in line with the Comprehensive Plan place type suggested businesses and density. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed use and intensity align with the existing development patterns along the commercial corridor, serving nearby residents and supporting the recommendations of the Community Mixed Use place type. PLANNING BOARD MEETING The Planning Board considered this application at the November 2, 2023, meeting. Several people of the Hanover Lakes community spoke in opposition to the project. No one from the public spoke in support. While deliberating, the Planning Board considered the extent of permitted uses within the B-2 district along with the associated traffic and other impacts possible with those potential commercial uses. Following the public hearing the Planning Board and applicant agreed to amending the additional conditions to include a requirement for a sidewalk along Castle Hayne Road, a requirement that Z23-20 Staff Report BOC 12.11.2023 Page 14 of 16 the dumpster be located on the northern portion of the property, adding the use Restaurant (no drive thru) to the list of allowed uses, and restricting the hours of operation for contractor offices. The Planning Board voted unanimously (6-0) to recommend approval of the petition with the following conditions: Existing conditions to remain in effect: 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. Additional applicant proposed conditions: 1. Building height restricted to 25’. 2. Outdoor storage area (only one) to be enclosed with a minimum 8’ opaque fence. 3. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. 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. Light posts shall be no taller than twelve (12) feet. 4. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on the concept plan, including the installation of a sidewalk from the southern border to the northern border. 5. Permitted Uses shall be limited to: a) Indoor Recreation Establishment (Shooting Ranges prohibited) b) Animal Grooming / Veterinary (Kennel or Daycare prohibited) c) Business Service Center d) Contractor Office (hours of operation limited to 7AM-8PM) e) Offices for Private Business & Professional Activities f) Personal Services, General (Tattoo Parlors prohibited) g) Instructional Services & Studios h) Retail Sales, General i) Restaurant (no drive-thru) 6. The dumpster is to be located on the northern portion of the property. Z23-20 Staff Report BOC 12.11.2023 Page 15 of 16 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The proposed site plan and restricted uses are supported by the recommended Community Mixed Use place type in the County’s 2016 Comprehensive Plan. The scale of the proposed development is greater in square footage than currently permitted in the (CZD) O&I district, however the proposed height and smaller buildings provide a better transition from the busy commercial corridor to the adjacent residential districts. Additional consideration as to hours of operation and lighting is recommended to lessen the impacts to existing adjacent residences. As a result, Staff concurs with the Planning Board recommendation of approval of the proposal and suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide an adequate transition from a commercial corridor to residential districts. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed concept plan is arguably less intense and more in line with current development patterns than the current district of (CZD) O&I, with the following conditions: Existing conditions to remain in effect: 1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. Additional applicant proposed conditions: 1. Building height restricted to 25’. 2. Outdoor storage area (only one) to be enclosed with a minimum 8’ opaque fence. 3. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. 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. Light posts shall be no taller than twelve (12) feet. 4. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on the concept plan, including the installation of a sidewalk from the southern border to the northern border. Z23-20 Staff Report BOC 12.11.2023 Page 16 of 16 5. Permitted Uses shall be limited to: a) Indoor Recreation Establishment (Shooting Ranges prohibited) b) Animal Grooming / Veterinary (Kennel or Daycare prohibited) c) Business Service Center d) Contractor Office (hours of operation limited to 7AM-8PM) e) Offices for Private Business & Professional Activities f) Personal Services, General (Tattoo Parlors prohibited) g) Instructional Services & Studios h) Retail Sales, General i) Restaurant (no drive-thru) 6. The dumpster is to be located on the northern portion of the property. Alternative Motion for Denial I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use place type and the proposed development is in line with the intensity of development in the area, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the project’s potential impact on adjacent residential uses from the intensity of the proposed uses.