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HomeMy WebLinkAboutZ25-01 PB Staff ReportZ25-01 Staff Report PB 2.6.2025 Page 1 of 13 STAFF REPORT FOR Z25-01 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z25-01 Request: Rezoning to a Conditional CS district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Ricardo Hernandez Santiago Location: Acreage: 6312 Castle Hayne Road 1.97 PID(s): Comp Plan Place Type: R01100-005-003-000 Community Mixed Use Existing Land Use: Proposed Land Use: Single Family Home Landscape Contractor Office, Retail Nursery, Wholesale Nursery, Live / Work Caretaker Unit Current Zoning: Proposed Zoning: R-15, Residential (CZD) CS, Commercial Services SURROUNDING AREA LAND USE ZONING North Single-Family Residential B-2, R-15 East Single Family Residential R-15 South Michael & Sons HVAC Services, Single Family Residential B-2, R-15 West Ace Hardware, Blue Clay Bikes, Luck’s Tavern B-2 Z25-01 Staff Report PB 2.6.2025 Page 2 of 13 ZONING HISTORY July 1, 1985 Initially Zoned as R-15 (Castle Hayne) COMMUNITY SERVICES Water/Sewer CFPUA water and sewer are not available to this site. There is an existing septic tank and well on site that will require review and permitting by Environmental Health or a private company authorized to issue permits by the state. 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 Northern Regional Park, Blue Clay Bike Park, Riverside Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources Archaeological No known archaeological resources Z25-01 Staff Report PB 2.6.2025 Page 3 of 13 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups · The applicant is proposing to convert an existing single-family home into an office for a landscape contractor with a live/work caretaker residential unit. The request also includes converting an existing accessory structure into a storage building with a retail counter for the business, with outdoor space for a retail and / or wholesale plant nursery. · The site includes the existing house located on the southern portion of the property. Immediately north is the garage and storage building, a stormwater pond, customer parking, and the retail / wholesale plant nursery in the northernmost portion of the site. · An outdoor storage area for rock, mulch and bulk materials is located in the center of the site, away from adjacent residences located to the east. Office and Caretaker Apt Wholesale and Retail Nursery Area Proposed Stormwater Storage Barn / Retail counter Entrance Only Outdoor Storage Z25-01 Staff Report PB 2.6.2025 Page 4 of 13 · The applicant has included a condition limiting the proposed uses to contractor office with outdoor storage, live/work caretaker unit, retail nursery, and wholesale nursery. · The concept plan includes abandoning the existing circular driveway used to access the house and installing two new one-way driveways to allow larger vehicles to navigate the site. · Employee parking is proposed behind the office and caretaker unit while customer parking is proposed in the center of the property giving customers access to the plant nursery. · In March 2024 the Planning Department received a complaint regarding noise and the use as a landscape contractor office. Staff investigated the complaint and determined that the owner was operating a landscape contractor office from a residential district. · Since contractor offices are only permitted in commercial districts, staff issued a notice of violation. The property owner is now in compliance as a Home Occupation use with no vehicles or equipment related to the business allowed. ZONING CONSIDERATIONS · The R-15 district in this area was established in 1985. At the time, the purpose of the R-15 district was to ensure housing served by private septic and wells would be developed at low densities. · As currently zoned, the site would be allowed a maximum of 5 dwelling units at a density of 2.5 dwelling units per acre under the performance residential development standards. · While the site is zoned R-15, all properties adjacent to the north, south, and west have been rezoned to B-2 Business for commercial purposes, some more recently and some in the late 1980s. This is a trend that is likely to continue along the Castle Hayne Road corridor. · 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. The applicant is requesting a rezoning to the CS district as opposed to B-2 because a live/work caretaker unit is permitted by right in CS, and in the B-2 district it would requires a SUP. · The UDO defines a wholesale nursery as a facility for the growing, displaying, and sale of plant stock, seeds, or other horticulture items. This includes growing plants outdoors or in greenhouses for sale as food or for use in landscaping or retail sales. Whereas, a retail nursery is for the displaying and sale of plant stock, seeds, or other horticulture items. · The use of contractor office is defined by the UDO as for day-to-day administrative and clerical services for businesses providing contracted services. The applicant has limited this specifically to a landscape contractor office. · The applicant has proposed a condition stating the required 35’ rear setback will also be considered buffer yard. Also included is a condition to preserve a 20-foot-wide landscape buffer of existing vegetation that will be supplemented with additional plantings to meet the ordinance’s Type A opaque buffer requirement. Z25-01 Staff Report PB 2.6.2025 Page 5 of 13 · 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 Z25-01 Staff Report PB 2.6.2025 Page 6 of 13 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning One single family dwelling. PROPOSED ACCESS Primary Access Castle Hayne Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 17,374.69 Existing Driveway to be Abandoned Z25-01 Staff Report PB 2.6.2025 Page 7 of 13 ENVIRONMENTAL · The property is not within a Natural Heritage Area or a Special Flood Hazard Area. · The property is within the Holly Shelter Creek watershed. · Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) soils. Latest Traffic Volume (AADT) 16,500 Latest WMPO Point-in-Time Count (DT) 17,654 Current Level of Congestion Over Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 4 6 + 2 PM Peak Hour Trips 5 18 +13 Assumptions Typical Development with Existing Conditions – max 5 single family detached dwellings Proposed Development – 2600 SF (total) landscape contractor office and caretaker apartment, retail and wholesale nursery 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 proposed project is located along a minor arterial highway that is currently over capacity. The project is below the peak hour threshold required for a TIA however the project will still be required to go through engineering analysis for the proposed driveway realignment. The project proposes to abandon the existing circular driveway and install a new one-way circular driveway with the proposed entrance drive aligned with Old Bridge Site Road on the west side of Castle Hayne Road. The applicant has consulted with NCDOT who have indicated the proposed driveway layout could be acceptable pending full driveway permit review. Z25-01 Staff Report PB 2.6.2025 Page 8 of 13 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) CS rezoning will help achieve the target to maintain new business growth within 2.5% of the state. Through planned growth and development, residents have access to their basic needs. The proposed (CZD) CS rezoning will allow a business that can support the surrounding community to be located in a transitional area along a major roadway corridor and in close proximity to a number of households. Z25-01 Staff Report PB 2.6.2025 Page 9 of 13 Representative Developments Existing site of Home Occupation use at 6312 Castle Hayne Road: Existing residential structure Representative Development of Wholesale Nursery: Tinga Nursery – Castle Hayne Road Z25-01 Staff Report PB 2.6.2025 Page 10 of 13 Representative Developments of Adaptive Reuse: Ace Hardware in Wrightsboro Five Oaks Nursery – Old Winter Park Road Z25-01 Staff Report PB 2.6.2025 Page 11 of 13 Context and Compatibility · The designation of this area as Community Mixed Use along with its proximity to the I-40 Castle Hayne interchange indicates the potential for additional commercial growth along the Castle Hayne Road corridor. · Adaptive reuse of residential buildings is common along largely commercial corridors, where new single-family housing development is less likely. · The subject property is bordered by undeveloped B-2 to the north, and B-2 commercial across Castle Hayne Road and to the south. The proposed use aligns with the existing development pattern along Castle Hayne Road. · Due to the location and surrounding development patterns, the site is less likely to be developed with low density housing, for which it is currently zoned. · The proposed concept plan utilizes the existing house as a caretaker apartment and landscape contractor office with the existing garage being used for storage. The northern portion of the property will be used for the retail nursery. A stormwater pond is proposed between the employee parking and the neighboring single family dwelling to the east. No additional buildings are proposed. · Due to the site’s proximity to adjacent single-family residential to the east, the design of lighting associated with the business use may need additional consideration to ensure compatibility. · Additional consideration may be needed as to the hours of operation given the complaints of noise and commercial use in a residential area that resulted in a zoning violation. 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. Z25-01 Staff Report PB 2.6.2025 Page 12 of 13 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 use include office, retail, mixed use, recreational, commercial, institutional, multi-family and single-family residential. Analysis The Comprehensive Plan classifies this property as Community Mixed Use. This place type’s encouragement of transitional uses along highways results in adaptive reuse projects along major corridors. This area of Castle Hayne has historically been a mix of residential and commercial uses. There are several commercial uses nearby, including a contractor office, restaurant / bar, a hardware store, and a bicycle shop. The proposed project and limited uses would be appropriate in this area and could provide services to nearby residents. Commercial zoning districts are encouraged given the proximity of this area to the I-40 Castle Hayne Road interchange. With the likelihood of increased commercial growth in the Castle Hayne area and the proximity of existing residential uses to the site, the project includes several conditions intended to reduce impacts on neighboring properties. The proposed (CZD) CS rezoning is consistent with uses recommended in the Comprehensive Plan and is an appropriate use along the Castle Hayne Road corridor amidst other nearby commercial uses. Consistency Recommendation The proposed (CZD) CS rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are generally in line with those recommended for the Community Mixed Use place type, and the site is located along a transitioning commercial corridor near existing commercial uses. 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 place type, includes relatively low traffic generators, and is located near other commercial uses. 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 rezoning provides for the types of uses recommended in the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the site is located along a transitioning commercial corridor near existing commercial uses and conditions will reduce impacts on adjacent residential areas. Z25-01 Staff Report PB 2.6.2025 Page 13 of 13 Proposed Conditions: 1. Proposed Uses will be limited to Wholesale Nursery, Retail Nursery, Landscape Contractor Office, & Live / Work Caretaker Unit. 2. Existing circular driveway will be removed & abandoned. Proposed driveways to be permitted by NCDOT. 3. The entire 35' setback behind the existing buildings will be considered bufferyard. No activities shall occur in that area. A 20' Type 'A' transitional buffer will be maintained along the remaining common property boundaries with residential use by preserving existing vegetation and supplementing with additional plantings where necessary to provide the opacity standard. 4. 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 properties, neighboring areas or motorists. 5. Hours of operation shall be limited to M-F, 7 a.m. to 7 p.m. Sat 8 a.m. to 3 p.m. Sun 10 a.m. to 3 p.m. 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 the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the use adversely impacts adjacent residential areas.