Loading...
HomeMy WebLinkAboutZ25-09 BOC Staff Report Z25-09 Staff Report BOC 6.2.2025 Page 1 of 16 STAFF REPORT FOR Z25-09 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z25-09 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Littlebird Properties, L.L.C. Location: Acreage: 3111 Castle Hayne Road 1.78 PID(s): Comp Plan Place Type: R02519-001-018-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped 21,000 SF Flex Commercial space with uses limited to: Animal Grooming/Veterinary (w/Kennel or Daycare Prohibited); Business Service Center; Offices for Private Business & Professional Activities; Personal Services, General (w/Tattoo Parlors Prohibited); Instructional Services & Studios; Retail Sales, General; Restaurant Current Zoning: Proposed Zoning: R-10, Residential (CZD) B-2 SURROUNDING AREA LAND USE ZONING North Detached Single-Family Home. Site approved for Contractor Office and Commercial Flex Space (CZD) B-2 East Detached Single Family Residential and Agricultural Land R-20 South Haven Place Subdivision R-10 West Haven Place Subdivision R-10 Z25-09 Staff Report BOC 6.2.2025 Page 2 of 16 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area 10A) March 9, 2020 Rezoned to R-10 (Z20-02) 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 Northern Regional Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The Conservation Overlay District Map indicates 0.01 acres of potential swamp forest on the site. The amount is below the threshold that triggers additional ordinance requirements. Historic No known historic resources Archaeological No known archaeological resources Z25-09 Staff Report BOC 6.2.2025 Page 3 of 16 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The concept plan shown in the blue box above includes two 10,500 square foot, one-story commercial buildings sited parallel to Castle Hayne Road. The project includes internal sidewalks, parking and a circular drive aisle that is limited to one-way travel on the western side of the property. • Please note, site development reflected in dotted lines outside of the blue box is for the adjacent parcel and not subject to this request. • The applicant has proposed a condition limiting the allowed uses to: o Animal Grooming Service Ne w D a w n D r i v e Shared Access Approved Pedestrian Access Fenced Buffer Offsite Sidewalk Z25-09 Staff Report BOC 6.2.2025 Page 4 of 16 o Veterinary Service (kennel or daycare prohibited), o Business Service Center, o Offices for Private Business & Professional Activities, o Personal Services, General (tattoo parlors prohibited), o Instructional Services & Studios, o Retail Sales, General, and o Restaurant. • The adjacent commercial project to the north was rezoned in June 2024 and is currently under review by the county’s Technical Review Committee (TRC). That commercial site plan includes the offsite stormwater and sidewalk shown outside of the conceptual plan for this project. • Access to the property is shown through the adjacent development that is not subject to the rezoning request. Currently both parcels are owned by Littlebird Properties, LLC. While the two projects are interconnected, they are on separate tracts of land which could allow the sale of one or more parcels to another owner. To guarantee shared access, staff is recommending a condition that guarantees the current common owner either recombine the parcels, or before ownership of any property is transferred to another person or entity, that an access easement and maintenance agreement and stormwater easement and maintenance agreement be established and recorded with the Register of Deeds. • The concept plan includes a fence along the southern and western boundary of the property facing the Haven Place Subdivision. Staff is recommending a condition guaranteeing the installation of the fence. • The plan also includes a 20-foot-wide public access easement along Castle Hayne Road that will connect with the access easement provided by the applicant on the project approved to the north. • Since the rear of the buildings face both Castle Hayne Road and the Haven Place Subdivision, staff is recommending a condition that the back façade of both buildings must be aesthetically similar to the face of the building. ZONING CONSIDERATIONS • The R-20 district in this area was established in 1971. At the time, the purpose of the R-20 district was to provide for low density residential use due to the need for private wells and septic systems. Since that time public water and sewer have become available in the area. • The parcel was rezoned to R-10 in 2020 as part of a 15.86-acre tract owned by New Hanover County. Most of the property was conveyed to Habitat for Humanity to develop the Haven Place subdivision aimed at increasing the availability of workforce housing. The county kept the remaining parcel as a potential site for a future fire station. Since that time, the county has selected an alternative location for a fire station in the Castle Hayne area Z25-09 Staff Report BOC 6.2.2025 Page 5 of 16 • In June 2024 the parcel to the north was rezoned by Littlebird Properties, LLC to (CZD) B- 2 to allow a contractor office and a separate flex commercial building. In September 2024 New Hanover County sold the subject site to Littlebird Properties, LLC. • The rear setback to the west is 35 feet and the side setback to the south is 30 feet. • If approved, the project will be required to provide a Type A: opaque buffer along the western and southern boundaries of the site adjacent to the Haven Place Subdivision. The concept plan includes a fence as a visual buffer which staff has included as a recommended condition of approval. • 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 and south 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. In no case shall lighting be directed at or above a horizontal plan from the lighting fixture. • 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. Z25-09 Staff Report BOC 6.2.2025 Page 6 of 16 AREA DEVELOPMENTS Z25-09 Staff Report BOC 6.2.2025 Page 7 of 16 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning R-10 would allow a maximum of six single-family dwelling units. PROPOSED ACCESS Primary Access Full access onto Castle Hayne Road Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Z25-09 Staff Report BOC 6.2.2025 Page 8 of 16 Roadway Planning Capacity (AADT) 16,804 Latest Traffic Volume (AADT) 14,500 Latest WMPO Point-in-Time County (DT) 17,995 Current Level of Congestion Nearing Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS U-5863 – Castle Hayne Road Improvements (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. - The roadway project is currently proposed as a divided facility with a median, but this has not been finalized. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 6 82 +76 PM Peak Hour Trips 7 150 +143 TRAFFIC IMPACT ANALYSIS (TIA) New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. A team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off-site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date February 25, 2025 Development Proposal Analyzed Specialty Trade Contractor – 20,650 SF Strip Retail Plaza – 13,500 SF High Turnover (sit down) Restaurant - 4,500 SF Study Intersections - NC 133 (Castle Hayne Road) at Site Access/Swartville Road Z25-09 Staff Report BOC 6.2.2025 Page 9 of 16 Trip Generation - 120 AM peak hour trips - 120 PM peak hour trips - 1,420 average daily trips Traffic Data Collection November 19, 2025 (NC 133 at Swartville Road) Trip Distribution and Assignment - 50% to/from the north via Castle Hayne Road (NC 133) - 50% to/from the south via Castle Hayne Road (NC 133) Approved Developments & Background Growth - No approved developments per the approved scoping document. - 1% annual growth rate Required Improvements - Construct a southbound right-turn lane with 75’ of storage and appropriate deceleration and taper. - Design the Site Access as a stop-controlled approach with one ingress lane and two egress lanes, a shared trough-left lane and an exclusive right-turn lane with 75 feet of storage. - Design the Site Access in accordance with applicable NCDOT and local standards. SUMMARY The proposed project is located along a major arterial highway that is currently nearing capacity with an unfunded STIP project to widen the road. The applicant has a TIA approved by NCDOT and the WMPO requiring roadway improvements including a southbound turn lane and ingress and egress lanes into the site. As proposed on the concept plan, the project will require access through an adjacent parcel that is under the common ownership of the applicant. Staff has recommended a condition requiring the establishment of an access easement and maintenance agreement if the properties are transferred out of common ownership. Z25-09 Staff Report BOC 6.2.2025 Page 10 of 16 ENVIRONMENTAL • The property is not within a Special Flood Hazard Area. • 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, however, the site is expected to be served by CFPUA water and 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. Z25-09 Staff Report BOC 6.2.2025 Page 11 of 16 Representative Developments Representative Developments of Single Family Residential: Legacy Landing Phase 1 Subdivision Apple Valley Subdivision Z25-09 Staff Report BOC 6.2.2025 Page 12 of 16 Representative Developments of B-2 Flex Commercial: Murrayville Station Business Park – Exchange Drive Exchange Drive – Gordon Road Z25-09 Staff Report BOC 6.2.2025 Page 13 of 16 Context and Compatibility • The property is located along Castle Hayne Road, a minor arterial road at the intersection of Castle Hayne Road and Swartville Road north of Wrightsboro. • 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. • The adjacent parcel to the north was recently rezoned by the applicant for a similar commercial flex space, a trend that is expected to continue along the Castle Hayne Road corridor. • Residential growth in the area as well as the 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. • Staff has recommended additional conditions related to the building façades facing away from the site, fenced buffers, and a requirement to ensure future interconnectivity is maintained. 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. 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. Z25-09 Staff Report BOC 6.2.2025 Page 14 of 16 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 near 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 related to screening, pedestrian access, the appearance of the proposed buildings and a limited list of permitted uses which are in line with the Comprehensive Plan place type. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses and intensity align with the existing development patterns along the corridor and could provide services and support to nearby residences. PLANNING BOARD ACTION The Planning Board considered this item at their May 1, 2025 meeting. No one spoke in support of or in opposition to the request. The Board discussed the requested use, dumpster location, and the building façade along Castle Hayne Road and determined the conditions were sufficient to address their concerns. The applicant consented to the conditions and the Planning Board voted unanimously (6-0) to recommend approval of the proposed rezoning with the following conditions: 1. Uses will be limited to: o Animal Grooming Service o Veterinary Service (kennel or daycare prohibited), o Business Service Center, o Offices for Private Business & Professional Activities, o Personal Services, General (tattoo parlors prohibited), o Instructional Services & Studios, o Retail Sales, General, and o Restaurant. Z25-09 Staff Report BOC 6.2.2025 Page 15 of 16 2. A solid privacy fence shall be installed along the southern and western portions of the project as shown on the concept plan. 3. A 20-foot-wide public access easement shall be established along the property boundary with Castle Hayne Road. Sufficient space must be provided to accommodate both the easement and the required street yard landscaping. 4. The back façade of the commercial buildings facing Haven Place and Castle Hayne Road must be aesthetically similar to the faces of the buildings. The building façade along Castle Hayne Road shall incorporate a minimum of one building entrance and form-giving elements, such as entry overhangs and periodic transitions in wall offsets, materials and / or fenestration. Any pads for HVAC equipment shall be screened from the street view by low fencing and / or landscaping. 5. The parcels shall either be recombined under common ownership, or before ownership of any property is transferred to another person or entity, an access easement and maintenance agreement and stormwater easement and maintenance agreement be established and recorded with the Register of Deeds. The Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses and intensity align with existing development patterns along the corridor and could provide services and support to nearby residences. The Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the proposed concept plan is in line with current development patterns. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The proposed project is in line with current commercial development patterns and rezoning approvals in the Castle Hayne Road corridor and would be compatible with the recently approved Littlebird Properties rezoning to the north. Additional conditions have been proposed by staff to reduce impacts on the adjacent subdivision and to guarantee interconnectivity and stormwater management. As a result, Staff recommends 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 uses and intensity align with existing development patterns along the corridor and could provide services and support to nearby residences. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed concept plan is in line with current development patterns. Proposed Conditions: 1. Uses will be limited to: o Animal Grooming Service o Veterinary Service (kennel or daycare prohibited), o Business Service Center, Z25-09 Staff Report BOC 6.2.2025 Page 16 of 16 o Offices for Private Business & Professional Activities, o Personal Services, General (tattoo parlors prohibited), o Instructional Services & Studios, o Retail Sales, General, and o Restaurant. 2. A solid privacy fence shall be installed along the southern and western portions of the project as shown on the concept plan. 3. A 20-foot-wide public access easement shall be established along the property boundary with Castle Hayne Road. Sufficient space must be provided to accommodate both the easement and the required street yard landscaping. 4. The back façade of the commercial buildings facing Haven Place and Castle Hayne Road must be aesthetically similar to the faces of the buildings. The building façade along Castle Hayne Road shall incorporate a minimum of one building entrance and form-giving elements, such as entry overhangs and periodic transitions in wall offsets, materials and / or fenestration. Any pads for HVAC equipment shall be screened from the street view by low fencing and / or landscaping. 5. The parcels shall either be recombined under common ownership, or before ownership of any property is transferred to another person or entity, an access easement and maintenance agreement and stormwater easement and maintenance agreement be established and recorded with the Register of Deeds. 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 proposed uses and intensity align with existing development patterns along the corridor and could provide services and support to nearby residences. I find DENIAL of the rezoning request is reasonable and in the public interest because of the proximity of the development to the adjacent workforce housing community.