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HomeMy WebLinkAboutZ24-03 BOC Staff Report FinalZ24-03 Staff Report BOC 6.3.2024 Page 1 of 15 STAFF REPORT FOR Z24-03 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-03 Request: Rezoning to a Conditional B-2district Applicant: Property Owner(s): Cindee Wolf, Design Solutions Littlebird Properties LLC Location: Acreage: 3121 Castle Hayne Road 4.98 PID(s): Comp Plan Place Type: R02519-001-012-000 Community Mixed-Use and General Residential Existing Land Use: Proposed Land Use: Single Family Residence Flex Space, max 12,000 sq. ft. and Office/Garage, max 7,150 sq. ft. with uses limited to: Animal Grooming/Veterinary (w/Kennel or Daycare Prohibited), Business Service Center, Contractor Office, Offices for Private Business & Professional Activities, Personal Services, General (w/Tattoo Parlors Prohibited), Instructional Services & Studios, Retail Sales, General, Restaurant Current Zoning: Proposed Zoning: B-1, Neighborhood Business and R-20, Residential 20 (CZD) B-2, Regional Business SURROUNDING AREA LAND USE ZONING North Detached Single Family Residential and Vacant Wooded Land B-1, R-20 Z24-03 Staff Report BOC 6.3.2024 Page 2 of 15 East Detached Single Family Residential and Agricultural Land R-20 South Future Detached Single Family Residential (Haven Place Subdivision) and Future Location of a New Hanover County Fire Station R-10 West Detached Single Family Residential and Vacant Wooded Land R-20 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area 10A) January 8, 2001 Front portion of the property rezoned B-1 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 and the future adjacent Castle Hayne Road Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High School Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z24-03 Staff Report BOC 6.3.2024 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The applicant is proposing to remove the existing single-family home and construct two commercial structures accessed by an internal private drive. • The applicant, Rainstorm Solutions, a local landscape contractor, is proposing to relocate their contractor’s office, workshop, and outdoor storage to a maximum 7,150 sq. ft. building on the western side of the parcel. • The request includes a maximum of 12,000 sq. ft. commercial structure on the eastern portion of the property along Castle Hayne Road. This structure is proposed for flex space. The conditioned limited uses for the flex space include: animal grooming/veterinary (kennel or daycare prohibited), business service center, contractor office, offices for private business & professional activities, general personal services (tattoo parlors prohibited), instructional services & studios, general retail sales, and restaurant. • A condition states the proposed use of a restaurant will have a cap of 3,000 sq. ft. • The flex commercial space is located on the eastern portion of the parcel along Castle Hayne Road and will face the parking area to the south. Just west of the flex space is a stormwater pond. On the rear or western side of the parcel is the contractor’s office and the garage, the fenced outdoor storage is directly behind. In front of the office is a stormwater pond. • The applicant has agreed to a condition that would limit outdoor storage associated with a contractor office to the western portion of the parcel. Pedestrian Connection Z24-03 Staff Report BOC 6.3.2024 Page 4 of 15 • Following discussions between the applicant and Habitat for Humanity, pedestrian access was provided from Haven Place to the proposed flex space commercial structure. A condition has been included guaranteeing pedestrian access. • A Type A opaque buffer is required along the southern and western property boundaries abutting residentially zoned parcels. The applicant proposes to use existing vegetation on the western and part of the southern portion of the parcel to meet the buffer requirement. A condition has been included guaranteeing retention of the existing vegetation to meet the buffer requirements. • Because the parcel for the future fire station is zoned R-10 and is currently undeveloped, a Type A opaque buffer would be required along the common property boundary. If the fire station is developed before the proposed project, a landscape buffer would not be required. • A condition has been included guaranteeing the installation of a Type A opaque buffer along the shared property line with the future fire station site. • A 50’ wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. ZONING CONSIDERATIONS • The front 1.62 acres of the property was rezoned B-1 in 2001. The rezoning request was for approximately seven acres starting at the Rockhill Road and Castle Hayne Road intersection to the subject property. The purpose of the rezoning was to provide adequate service for the surrounding community. • The R-20 district was established in 1974 to ensure that housing served by private septic and wells would be developed at low densities.  • As currently zoned B-1, the subject site would allow an average buildout of 12,545 sq. ft. The R-20 portion of the site would be permitted up to 6 units per acre at a density of 1.9 du/ac under performance development standards. • The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto- oriented uses that meet the needs of the motoring public or that rely on pass-by traffic. • The applicant has included pedestrian connection from the Cape Fear Habitat for Humanity Development to allow the residents access to the site. • There is AE Floodplain and AE Floodway on the property corresponding with the run of Ness Creek. No structures are proposed in the floodplain areas however the concept plan includes stormwater ponds in the floodplain. Any work in the floodplain must comply with Article 9 of the UDO and obtain a flood development permit from the Planning Department. • 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 and 25 feet in height. The UDO specifies that all exterior luminaries for nonresidential adjacent to single-family residential subdivisions shall be full Z24-03 Staff Report BOC 6.3.2024 Page 5 of 15 cut-off features that are directed downward. In no case shall lighting be directed at or above a horizontal plan through the lighting fixture. • 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. AREA DEVELOPMENTS Z24-03 Staff Report BOC 6.3.2024 Page 6 of 15 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning B-1 would allow a maximum building of 12,545 SF. Typical development under current zoning R-20 would allow a maximum of 6 single-family dwelling units. PROPOSED ACCESS Primary Access Castle Hayne Road via a right-in, right-out driveway. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Z24-03 Staff Report BOC 6.3.2024 Page 7 of 15 Roadway Planning Capacity (AADT) 16,804 Latest Traffic Volume (AADT) 14,500 Latest WMPO Point-in- Time Count (DT) 17,995 Current Level of Congestion Approaching Capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: 2021 Source of WMPO Point-in-Time County: 2022 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 is currently scheduled to take place in FY 2025, with construction beginning after 2029. TRAFFIC GENERATION Traffic Generated by Present Designation (B-1) Traffic Generated by Present Designation (R-20) Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 19 4 86 +63 PM Peak Hour Trips 18 6 53 +30 Assumptions Typical Development with Existing Zoning – 6 single family detached dwellings in the R-20 zoning district. Maximum 12,454 sq. ft. commercial building in the B-1 zoning district. Proposed Development – Maximum 12,000 sq. ft. of “flex” commercial space and maximum 7,150 sq. ft. of office/garage. 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). Z24-03 Staff Report BOC 6.3.2024 Page 8 of 15 SUMMARY The proposed project is located along a minor arterial road that is currently approaching capacity. The Castle Hayne Road widening project would theoretically decrease congestion in the area; however, it is unfunded at this time. There are a few other projects currently under review or development in the vicinity; and while their traffic analyses did not take this proposal into account, all were developed to take into account general traffic growth in the area. While a TIA would not be required for development of the site, there is a condition that states the proposed use of a restaurant, the highest traffic generator, will have a cap of 3,000 sq. ft. The site must be reviewed and approved through the NCDOT driveway permit process. Preliminary review comments from NCDOT indicate their preference for the proposed driveway location. ENVIRONMENTAL • The property contains an AE Special Flood Hazard Area along the northern boundary; however, no buildings are proposed within it. • The property is within the Ness Creek watershed. • The property is not within a Natural Heritage Area. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (Moderate Limitation) soils. The project is proposed to connect to CFPUA public sewer. 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 proposed (CZD) B-2 rezoning will allow businesses that can support the surrounding community to be located along a minor roadway corridor and in a close proximity to a number of current and future households. A business-friendly environment that promotes growth, agility, and collaboration. The plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable new businesses. Z24-03 Staff Report BOC 6.3.2024 Page 9 of 15 Representative Developments Representative Developments of R-20 and B-1: Holland Drive (R-20) Masonboro Station (B-1) Z24-03 Staff Report BOC 6.3.2024 Page 10 of 15 Representative Developments of (CZD) B-2: Murrayville Station Business Park – Exchange Drive Freedom Lawns Landscaping Contractor’s Office Context and Compatibility • The property is located along Castle Hayne Road, a minor arterial road just north of Wrightsboro and right at the intersection of Castle Hayne Road and Swartville Road. • The Castle Hayne corridor on which the parcel is located, has similar parcels that have been rezoned to CB, B-1, B-2, and O&I districts in nearby Wrightsboro commercial node from the original R-20 zoning district. Therefore, the proposed use and intensity aligns with the surrounding development pattern. Z24-03 Staff Report BOC 6.3.2024 Page 11 of 15 • While the area is primarily a mix of lower density residential districts such as R-20, the front portion of the parcel is already zoned commercial B-1. The Castle Hayne corridor has seen an increasing shift towards more commercial districts and uses, a trend that is expected to continue. • Residential growth in the area as well as expanded transportation network on I-140 has increased the 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 existing vegetation that will be preserved and used as a type “A” buffer along the rear and side property lines. As well as a 20’ buffer along the property lines. The Ness Creek Tributary is protected by a 50’ stream buffer as shown on the concept plan. • Due to the site’s proximity to adjacent future single-family residential to the south, the design of lighting associated with the businesses 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. Z24-03 Staff Report BOC 6.3.2024 Page 12 of 15 Future Land Use Map Place Type General Residential and Community Mixed Use 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 General Residential: Focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low-density multi-family, residential, light commercial, civic, and recreational. Community Mixed Use: Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis The proposed development is located along the Castle Hayne Road corridor at the intersection of Castle Hayne Road and Swartville Road. Expansion of Castle Hayne Road is a proposed project being considered by NCDOT. Surrounded 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. While the General Residential place type focuses on lower-density housing, strategically located commercial services are identified as potential uses. The proposal has been designed uses to locate the less intensive contactor’s office use on the western portion of the site, and the applicant is proposing a pedestrian connection to the adjacent residential project to allow easier to access to the commercial services. Z24-03 Staff Report BOC 6.3.2024 Page 13 of 15 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 and General Residential place type. PLANNING BOARD MEETING The Planning Board considered this application at the May 2, 2024 meeting. There was one person who spoke in support of the request. He spoke in support of new commercial development along Castle Hayne Road to service the surrounding community. The Planning Board voted (6-0) to recommend approval of the petition with an added condition stating that no contractor office with outdoor storage east of the Ness Creek Tributary will be allowed. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide a transition from a commercial corridor to residential districts. The Planning Board found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the proposed project is in line with current development patterns in the county. Recommended Conditions 1. The proposed use of a restaurant will have a cap of 3,000 sq. ft. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. Permitted Uses shall be limited to: a. Animal Grooming/Veterinary (Kennel or Daycare prohibited) b. Business Service Center c. Contractor Office d. Offices for Private Businesses & Professional Activities e. General, Personal Services (Tattoo Parlors prohibited) f. Instructional Services & Studios g. General, Retail Sales h. Restaurant 3. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown on the concept plan. Z24-03 Staff Report BOC 6.3.2024 Page 14 of 15 4. The existing vegetation as shown on the concept plan will be retained to meet the Type A opaque buffer requirement. 5. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. 6. A 50’ wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. 7. No Contractor Office with outdoor storage shall be allowed east of the Ness Creek Tributary. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. Following the Planning Board meeting, the language of condition 7 was reviewed by the applicant. After additional review, staff and the applicant recommend amending condition 7 further, prohibiting all outdoor storage east of the Ness Creek Tributary. The proposed site plan and restricted uses are supported by the recommended Community Mixed Use and General Residential in the County’s 2016 Comprehensive Plan. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to recommend APPROVAL of 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 in line with current development patterns with the following conditions: Proposed Conditions: 1. The proposed use of a restaurant will have a cap of 3,000 sq. ft. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. Permitted Uses shall be limited to: i. Animal Grooming/Veterinary (Kennel or Daycare prohibited) j. Business Service Center k. Contractor Office l. Offices for Private Businesses & Professional Activities m. General, Personal Services (Tattoo Parlors prohibited) n. Instructional Services & Studios o. General, Retail Sales p. Restaurant Z24-03 Staff Report BOC 6.3.2024 Page 15 of 15 3. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown on the concept plan. 4. The existing vegetation as shown on the concept plan will be retained to meet the Type A opaque buffer requirement. 5. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. 6. A 50’ wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. 7. No business east of the Ness Creek Tributary shall be allowed outdoor storage. 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 proposed uses are in line with the recommendations of the Community Mixed Use and General Residential 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 impact on adjacent residential uses.