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A-416 Text Amendment 1
Applicant: Staff 2
Request by Staff to add Section 13: Calculation of Time and to amend Section 44: Extension or 3
Enlargement of Non-Conforming Situations, Section 50: Table of Permitted Uses, Section 53.2: 4
I-1 Light Industrial, Section 53.3, I-2 Heavy Industrial, and Section 71: Special Use Permits 5
Issued by the Board of County Commissioners to address regulations regarding industrial uses 6
and Special Use Permit regulations. Additions are in red and deletions are in red with strike-7
throughs. 8
Article I: IN GENERAL 9
10
Section 13: Calculation of Time 11
In computing any period of time prescribed by this section, the day the act, event, or 12
submittal after which the designated period of time begins to run is not to be 13
included. The last day of the period so computed is to be included, unless that date 14
should fall on a Saturday, Sunday, or a legal holiday, in which case the due date shall 15
be the next business day following such Saturday, Sunday or legal holiday. The term 16
“legal holiday” shall mean any federal, state or local government holiday for which 17
financial institutions or post offices are generally closed in the State of North Carolina. 18
The term “business day” means any day other than a Saturday, Sunday or legal 19
holiday. 20
21
Section 23: Definitions 22
M 23
24
Manufacturing 25
26
Artisan Manufacturing- On-site production of goods by hand manufacturing 27
involving the use of hand tools and small-scale light mechanical equipment. 28
Typical uses include woodworking and cabinet shops, ceramic studios, jewelry 29
manufacturing and similar types of arts and crafts or very small-scale 30
manufacturing uses that have very limited, if any, negative external impacts on 31
surrounding properties, water resources, air quality and/or public health. 32
33
Limited Manufacturing- Manufacturing of finished parts or products, primarily 34
from previously prepared materials. Typical uses include: printing and related 35
support activities; machinery manufacturing; food manufacturing; computer 36
and electronic product manufacturing; electrical equipment, appliance, 37
component manufacturing/assembly; furniture and related product 38
manufacturing/assembly; and other manufacturing and production 39
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establishments that typically have very limited, if any, negative external impacts 40
on surrounding properties, water resources, air quality and/or public health. 41
42
General Manufacturing-Manufacturing, bulk storage, and/or handling of 43
finished or unfinished products primarily from extracted, raw, recycled, or 44
secondary materials. Typical uses include textile mills; textile product mills; 45
apparel manufacturing; leather and allied product manufacturing; wood product 46
manufacturing; plastics and rubber products manufacturing; nonmetallic 47
mineral product manufacturing; transportation equipment manufacturing; 48
primary metal manufacturing; and fabricated metal product manufacturing. 49
50
Industrial service firms engaged in the repair or servicing of industrial or 51
commercial machinery, equipment, products, or by-products. Typical uses 52
include: welding shops; machine shops; industrial tool repair; fuel oil 53
distributors; solid fuel yards; and carpet cleaning plants. General manufacturing 54
facilities include those operations that do not have significant negative external 55
impacts on surrounding properties, water resources, air quality and/or public 56
health. 57
58
Intensive Manufacturing- Manufacturing and processing of products and 59
chemicals including but not limited to: acetylene, lime, gypsum or plaster-of-60
Paris, stone, clay, glass, cement, concrete, chlorine, corrosive acid or fertilizer, 61
insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, 62
petroleum products, coal, plastic and synthetic resins, and radioactive materials. 63
This group also includes smelting, animal slaughtering, paper manufacturing, oil 64
refining, fuel bulk storage facilities, and electricity generating facilities, as well 65
as any manufacturing or processing facility which has a high potential for 66
significant negative external impacts on surrounding properties, water 67
resources, air quality and/or public health. 68
69
Section 44: Extension or Enlargement of Non-Conforming Situations 70
71
44-1: Except as specifically provided in this section, it shall be unlawful for any person to 72
engage in any activity that causes an increase in the extent of non-conformity of a non-73
conforming situation. 74
75
44-1.1: The standards outlined in Sections 53.2 and 53.3 of this ordinance and any requirement 76
for a special use permit shall apply to all new proposals in I-1 and I-2 districts as shown on the 77
Table of Permitted Uses. Any existing industrial uses which did not require a special use permit 78
as of October 2, 2011 the day prior to the date of adoption of this section would be considered a 79
conforming use and shall not require a special use permit in order to continue operations. The 80
term “existing industrial uses” shall mean an industry or other businessindustries in active 81
operation and open for business on a tax parcel zoned I-1 or I-2 and developed for that 82
particular use as of the day prior to the date of adoption of this sectionOctober 2, 2011 . 83
84
44-1.1.1: Modifications and/or Expansions of Existing Industrial Uses: For a modifications 85
and/or expansions of an existing industrial uses which was in conformity with the requirements 86
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of this ordinance as of October 2, 2011, and where the modification and/or expansion would 87
change the particular use as indicated on the Table of Permitted Uses, a special use permit will 88
be required for the modification and/or expansion if the new use is indicated by an “S” on the 89
Table of Permitted Uses, provided, however, that if one or both of the two exceptions set out in 90
subsections A and B below apply, then a special use permit shall not be required with respect to 91
such modification and/or expansion: 92
93
A. Exception for Modifications and/or Expansions on the Same Parcel: Modifications 94
and/or expansions of existing industrial uses shall be allowed without a special use 95
permit if the use is fully contained on the tax parcel currently developed for and 96
operating as such use and provided one of the following criteria applies: 97
1. If the expansion and/or modification is for the same existing industrial 98
use that was in active operation and open for business as of the day 99
prior to the date of adoption of this sectionOctober 2, 2011. 100
2. If the expansion and/or modification is classified within the Artisan, 101
Limited or General Manufacturing category and is for a less intensive 102
industrial use than was in active operation and open for business as of 103
the day prior to the date of adoption of this sectionOctober 2, 2011 . 104
(Ex. An existing Intensive Manufacturing use could transition to a use in 105
the Artisan, Limited or General Manufacturing category). 106
3. If the existing industrial use is classified within the General, Limited or 107
Artisan Manufacturing categories, the use may expand and/or modify to 108
a different use within that same category. 109
B. Exception for Modifications and/or Expansions onto Adjacent or Contiguous 110
Parcels: Modifications and/or expansions of existing industrial uses shall be allowed 111
without a special use permit on tax parcels adjacent or contiguous (excluding rights of 112
way) to the current use, if properly zoned, and held in the same ownership as on the 113
date of adoption of this section (including successor ownership) as of October 2, 2011 114
and provided one (1) of the following criteria applies:and provided the following: 115
116
1. If the expansion and/or modification is for the same existing industrial 117
use that was in active operation and open for business as of the day 118
prior to the date of adoption of this sectionOctober 2, 2011 . 119
2. If the expansion and/or modification is classified within the Artisan, 120
Limited or General Manufacturing category and is for a less intensive 121
industrial use than was in active operation and open for business as of 122
the day prior to the date of adoption of this sectionOctober 2, 2011 . 123
(Ex. An existing Intensive Manufacturing use could transition to a use in 124
the Artisan, Limited or General Manufacturing category). 125
3. If the existing industrial use is classified within the General, Limited or 126
Artisan Manufacturing categories, the use may expand and/or modify to 127
a different use within that same category. 128
129
130
131
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Section 53.2: I-1 Light Industrial 132
(10/3/2011) 133
134
53.2-1: The I-1 zoning district is established to preserve land within the County for light industrial 135
uses and associated operations, including assembly, fabrication, packaging and transport, where 136
operations are conducted primarily indoors and where suitable sites are served by rail, waterway, 137
highway transportation systems as well as readily available utilities. Heavy industrial uses in which 138
raw materials are converted into products for subsequent assembly or fabrication or where uses 139
create an excessive amount of noise, odor, smoke, dust, air borne debris or other objectionable 140
characteristics which might be detrimental to surrounding areas are not appropriate in this district. 141
Within the I-1 district, all operations conducted and all materials used or held in storage shall be 142
contained within enclosed buildings, solid wall, fence or planting of such nature and height as to 143
conceal such operation or materials from view from any roadway or adjacent properties. No I-1 144
district shall be less than five (5) acres in area. 145
146
53.2-2 Deleted (1/5/81) 147
148
53.2-3 Deleted (1/5/81) 149
150
53.2-4: Dimensional Requirements: 151
152
(1) Minimum Lot Area-None 153
(2) Minimum Front Yard- 50 feet 154
(3) Minimum side and rear yards for property abutting residential districts shall be 155
calculated in accordance with Section 60.3. 156
(4) Maximum building height: 157
Forty (40) feet except for buildings located within the Urban Transition Area and 158
fronting along a Collector, Minor Arterial, or Principal Arterial as indicated on the 159
Wilmington Metropolitan Planning Organization’s most current Roadway Functional 160
Classification Map, may exceed forty (40) feet provided their FAR does not exceed 1.0. 161
(2/7/83) 162
163
53.2-5: Parking: Parking and loading shall be provided in accordance with the provisions of Article 164
VIII. 165
166
53.2-6: Signs: Signs shall be in accordance with Article IX. 167
168
53.2-7: DELETED (3/9/88) 169
170
53.2-8: Existing Industrial Uses: 171
(10/3/11) 172
173
These standards and any requirement for a special use permit shall apply to all new proposals in I-1 174
districts as shown on the Table of Permitted Uses. The term “existing industrial uses” shall mean an 175
industriesy or other business in active operation and open for business on a tax parcel zoned I-1 and 176
developed for that particular use as of the day prior to the date of adoption of this sectionOctober 177
2, 2011 . Any existing industrial uses which did not require a special use permit as of the day prior to 178
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the date of adoption of this sectionOctober 2, 2011 would be considered a conforming use and shall 179
not require a special use permit in order to continue operations. 180
181
53.2-8.1: Modifications and/or Expansions of Existing Industrial Uses: For a modifications 182
and/or expansions of an existing industrial uses which was ose site conditions were in 183
conformity with the requirements of this ordinance as of of the day prior to the date of 184
adoptionOctober 2, 2011, and where the modification and/or expansion would change the 185
particular use as indicated on the Table of Permitted Uses, a special use permit will be required 186
for the modification and/or expansion if the new use is indicated by an “S” on the Table of 187
Permitted Use, provided, however, that if one or both of the two exceptions set out in 188
subsections A and B below apply, then a special use permit shall not be required with respect to 189
such modification and/or expansion:the following conditions must be met. If these conditions 190
are not met, or if the existing industrial use is classified within the Intensive Manufacturing 191
category, and the modification and/or expansion changes the particular use within that 192
category, a special use permit will be required for the modification and/or expansion. 193
194
A. Exception for Modifications and/or Expansions on the Same Parcel: Modifications 195
and/or expansions of existing industrial uses shall be allowed without a special use 196
permit if fully contained on the tax parcel currently developed for and operating as 197
such use and provided one (1) of the following criteria applies:the following: 198
199
1. If the expansion and/or modification is for the same existing industrial 200
use that was in active operation and open for business as of the day 201
prior to the date of adoption of this sectionOctober 2, 2011 . 202
2. If the expansion and/or modification is classified within the Artisan, 203
Limited or General Manufacturing category and and is for a less 204
intensive industrial use than was in active operation and open for 205
business as of the day prior to the date of adoption of this 206
sectionOctober 2, 2011 . (Ex. An existing Intensive Manufacturing use 207
could transition to a use in the Artisan, Limited or General 208
Manufacturing category). 209
3. If the existing industrial use is classified within the General, Limited or 210
Artisan Manufacturing categories, the use may expand and/or modify to 211
a different use within that same category. 212
B. Exception for Modifications and/or Expansions onto Adjacent or Contiguous 213
Parcels: Modifications and/or expansions of existing industrial uses shall be allowed 214
without a special use permit on tax parcels adjacent or contiguous (excluding rights of 215
way) to the current use, if properly zoned, and held in the same ownership (including 216
successor ownership) as on the day prior to the date of adoption of this sectionOctober 217
2, 2011 (including successor ownership) and provided one (1) of the following criteria 218
applies:the following: 219
220
1. If the expansion and/or modification is for the same existing industrial 221
use that was in active operation and open for business as of the day 222
prior to the date of adoption of this sectionOctober 2, 2011 . 223
2. If the expansion and/or modification is classified within the Artisan, 224
Limited or General Manufacturing category and is for a less intensive 225
industrial use than was operating as of the day prior to the date of 226
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adoption of this sectionOctober 2, 2011 . (Ex. An existing Intensive 227
Manufacturing use could transition to a use in the Artisan, Limited or 228
General Manufacturing category). 229
3. If the existing industrial use is classified within the General, Limited or 230
Artisan Manufacturing categories, the use may expand and/or modify to 231
a different use within that same category. 232
233
234
Section 53.3: I-2 Heavy Industrial 235
(10/3/11) 236
237
53.3-1: The I-2 zoning district is established to set aside areas of the County for a full range of 238
manufacturing, fabrication, assembly, warehousing, and distribution uses associated with heavy 239
industrial land uses where heavy industry can find suitable sites served by rail, waterway and 240
highway transportation. The district is also established to subsequently protect nonindustrial 241
districts situated outside the district and minimize environmental impacts caused by the uses within 242
the district. Outdoor operations and storage are appropriate for this district provided that the 243
district standards are met. Certain uses within the I-2 district shall require a special use permit as 244
specified in the Table of Permitted Uses. No I-2 District shall be less than five (5) acres in area. 245
246
53.3-2: DELETED (1/5/81) 247
248
53.3-3: DELETED (1/5/81) 249
250
53.3-4: Dimensional Requirements: 251
252
(1) Minimum lot area-None 253
254
(2) Minimum front yard building setback-50 feet 255
256
(3) Minimum side and rear yard building setbacks for property abutting residential shall be 257
calculated in accordance with Section 60.3. 258
259
(4) Buffers must be established between I-2 and adjacent, non-industrial uses, in 260
accordance with Section 62.1-4 of this ordinance. 261
262
53.3-.4.1: Review of external effects. All uses in the I-2 zoning district must operate in 263
compliance with current standards for sound, vibration, heat discharge, glare, odor, air 264
quality and water quality, as applicable under federal, state, and local regulations. For uses 265
that require a Special Use Permit, a non-binding narrative must accompany the application 266
that shall include a disclosure of the projected external impacts of the project, including 267
information about anticipated federal and/or state permits that will be required. Section 71 268
further describes the special use permit approval process. The County may require 269
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additional information deemed reasonable to assess the impacts and effects of a project on 270
a community including plans, specifications, and other information deemed necessary to 271
determine compliance with the review criteria. Federal, State and /or local environmental 272
agencies may be consulted to advise the Planning and Inspections Department on 273
applications for Special Use Permits. 274
275
53.3-5: Parking – Parking and loading shall be provided in accordance with the provisions of Article 276
VIII. 277
278
53.3-6: Signs – Signs shall be in accordance with Article IX. 279
280
53.3-7: DELETED (3/9/88) 281
282
53.3-8: Existing Industrial Uses: 283
(10/3/11) 284
285
These standards and any requirement for a special use permit shall apply to all new proposals in I-2 286
districts as shown on the Table of Permitted Uses. The term “existing industrial uses” shall mean an 287
industryies or other business in active operation and open for business on a tax parcel zoned I-2 and 288
developed for that particular use as of the day prior to the date of adoption of this sectionOctober 289
2, 2011 . Any existing industrial uses which did not require a special use permit as of the day prior to 290
the date of adoption of this sectionOctober 2, 2011 would be considered a conforming use and shall 291
not require a special use permit in order to continue operations. 292
293
53.3-8.1: Modifications and/or Expansions of Existing Industrial Uses: For 294
modifications and/or expansions of existing industrial uses whose site conditions 295
werewhich was in conformity with the requirements of this ordinance as of the day 296
prior to the date of adoptionOctober 2, 2011, and where the modification and/or 297
expansion would change the particular use as indicated on the Table of Permitted Uses, 298
a special use permit will be required for the modification and/or expansion if the new 299
use is indicated by an “S” on the Table of Permitted Uses, provided, however, that if one 300
or both of the two exceptions set out in subsections A and B below apply, then a special 301
use permit shall not be required with respect to such modification and/or expansion:the 302
following conditions must be met. If these conditions are not met, or if the existing 303
industrial use is classified within the Intensive Manufacturing category, and the 304
modification and/or expansion changes the particular use within that category, a special 305
use permit will be required for the modification and/or expansion. 306
307
A. Exception for Modifications and/or Expansions on the Same Parcel: Modifications 308
and/or expansions of existing industrial uses shall be allowed without a special use 309
permit if fully contained on the tax parcel currently developed for and operating as such 310
use and provided one (1) of the following criteria applies:the following: 311
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1. If the expansion and/or modification is for the same existing industrial 312
use that was in active operation and open for business as of the day 313
prior to the date of adoption of this sectionOctober 2, 2011 . 314
2. If the expansion and/or modification is classified within the Artisan, 315
Limited or General Manufacturing category and is for a less intensive 316
industrial use than was in active operation and open for business as of 317
the day prior to the date of adoption of this sectionOctober 2, 2011 . 318
(Ex. An existing Intensive Manufacturing use could transition to a use in 319
the Artisan, Limited or General Manufacturing category). 320
3. If the existing industrial use is classified within the General, Limited or 321
Artisan Manufacturing categories, the use may expand and/or modify to 322
a different use within that same category. 323
B. Exception for Modifications and/or Expansions onto Adjacent or Contiguous Parcels: 324
Modifications and/or expansions of existing industrial uses shall be allowed without a special 325
use permit on tax parcels adjacent or contiguous (excluding rights of way) to the current use, if 326
properly zoned, and held in the same ownership as on the day prior to the date of adoption of 327
this sectionOctober 2, 2011 (including successor ownership) and provided one (1) of the 328
following criteria applies: the following: 329
330
1. If the expansion and/or modification is for the same existing industrial 331
use that was in active operation and open for business as of the day 332
prior to the date of adoption of this sectionOctober 2, 2011 . 333
2. If the expansion and/or modification is classified within the Artisan, 334
Limited or General Manufacturing category and is for a less intensive 335
industrial use than was in active operation and open for business as of 336
the day prior to the date of adoption of this sectionOctober 2, 2011 . 337
(Ex. An existing Intensive Manufacturing use could transition to a use in 338
the Artisan, Limited or General Manufacturing category). 339
If the existing industrial use is classified within the General, Limited or Artisan Manufacturing categories, 340
the use may expand and/or modify to a different use within that same category. 341
342
343
344
345
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ARTICLE VII: PROVISIONS FOR USES ALLOWED AS SPECIAL USES 346
347
Section 70: Objectives and Purposes of Special Use Permits 348
349
70-1: Special Use Permits add flexibility to the Zoning Ordinance. Subject to high standards of 350
planning and design, certain property uses may be allowed in the several districts where 351
these uses would not otherwise be acceptable. By means of controls exercised through 352
the Special Use Permit procedures, property uses which would otherwise be undesirable 353
in certain districts can be developed to minimize any bad effects they might have on 354
surrounding properties. 355
356
Section 71: Special Use Permits Issued by the Board of County Commissioners 357
358
71-1: General Requirements 359
360
(1) Special Use Permits may be issued by the Board of County Commissioners for 361
the establishment of uses listed as special uses in Article V after a public hearing 362
and after Planning Board review and recommendation. The Planning Board may 363
recommend conditions which assure that the proposed use will be harmonious 364
with the area and will meet the intent of this ordinance. Single-family dwellings, 365
including mobile homes shall not require Planning Board review prior to County 366
Commissioner action. (1/2/90) 367
368
(2) In order to assist petitioners through the process for obtaining a Special Use 369
Permit, petitioners are encouraged to request a pre-application conference 370
prior to application submittal. 371
372
Applicants may include Tthe owner or owners of the subject property, or their 373
duly authorized agent, or an applicant that has an option to purchase or lease 374
the property of the property included in the petition for a Special Use Permit 375
that is contingent on approval of the special use permit. Applicants shall submit 376
an application to the New Hanover County Planning and Inspections 377
Department at least forty-five (45) days prior to the meeting of the Planning 378
Board at which the applicant seeks to have the application considered (the 379
“Requested Meeting”). twenty (20) working days prior to the first regular 380
monthly meeting of the Planning Board. (12/07) The application should be 381
submitted no later than 1:00 PM on the deadline day, and county staff shall 382
endeavor to provide to the applicant either confirmation of completeness of the 383
application, or information regarding non-completeness of the application, prior 384
to the end of that same business day. Assuming the complete application has 385
been received by 5:00 PM on the deadline day, the Planning Board shall 386
consider the application at the Requested Meeting unless the applicant requests 387
a continuance. 388
389
An application fee established by the County Commissioners shall be paid to the 390
County of New Hanover, North Carolina to cover necessary administrative costs 391
and advertising expenses. (8/22/82) Such application shall include all of the 392
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requirements pertaining to it in this Article. (5/2/83) All adjoining property 393
owners shall be notified of the request as outlined in Section 110-1(4) of this 394
ordinance. (2/6/89) 395
396
County staff may request additional information it believes could be relevant to 397
a determination of impacts to surrounding properties and/or the area in which 398
the subject property is located. Such additional information may be in the form 399
of tests, studies, reports, etc. evaluating factors such as sound, vibration, heat 400
discharge, glare, odor, traffic, air quality, water quality, or other factors 401
potentially relevant to the four requirements listed in Section 71-1(4). Once 402
the petitioner has obtained a permit from a Federal, state and/or local 403
authority, it is presumed for county purposes that the petitioner has the 404
requisite approval for the subject matter covered by the permit. In order to 405
challenge this approval, the challenging party will need to present clear and 406
convincing evidence to the contrary as determined by the planning board 407
and/or board of commissioners. In the event that this information is requested, 408
then it will be requested within fifteen days of the application deadline. 409
Irrespective of whether such information is requested by county staff or 410
whether the applicant decides to provide some or all of the requested 411
information, the Planning Board shall consider the application at the requested 412
meeting, unless the petitioner desires a continuance, in which case a request for 413
delay of consideration may be made by the petitioner in accordance with 414
Section 111-3 of the Ordinance. 415
416
(3) Application Submittal: Applications may be found on the New Hanover County 417
Planning website or at the New Hanover County Planning office. In addition to 418
the application, the following information and materials are required for 419
submission: 420
(A) Narrative of the proposed use 421
(B) Traffic Impact Worksheet 422
(C) Traffic Impact Analysis (if applicable) 423
(D) Authority for Appointment of Agent Form (if applicable) 424
(E) Letter of owner consent where applicant has option to purchase 425
property. 426
(F) Fee is accordance with the County’s adopted fee schedule 427
(G) Site Plan: The applicant shall provide nine (9) 24x36 copies of the site 428
plan for the Planning Board meeting and one digital version. The 429
applicant will also be asked for an additional eight (8) copies of the site 430
plan if the proposal moves forward to the County Commissioners. Each 431
site plan shall contain at least the following information: 432
1. Tract boundaries and total area, location of adjoining parcels 433
and roads 434
2. Proposed use of land, structures and other improvements. For 435
residential uses, this shall include number, height and type of 436
units and area to be occupied by each structure and/or 437
subdivided boundaries. For non-residential structures, this shall 438
include approximate square footage and height of each 439
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structure, an outline of the area it will occupy and the specific 440
purpose for which it will be used. 441
3. Development schedule including proposed phasing. 442
4. Traffic and Parking Plan to include a statement of impact 443
concerning local traffic near the tract, proposed right-of-way 444
dedication, plans for access to and from the tract, location, 445
width and right-of-way for internal streets and location, 446
arrangement and access provision for parking areas. 447
5. All existing and proposed easements, reservations, required 448
setbacks, rights-of-way, buffering and signage 449
6. The one hundred (100) year floodplain line, if applicable 450
7. Location and sizing of trees required to be protected under 451
Section 62 of the Zoning Ordinance 452
8. Any additional conditions and requirements, which represent 453
greater restrictions on development and use of the tract than 454
the corresponding General Use District regulations or other 455
limitations on land which may be regulated by State law or Local 456
Ordinance. 457
9. Any other information that will facilitate review of the proposed 458
change (Ref. Article VII, as applicable) 459
460
(3)(4) Upon receiving the recommendations of the Planning Board and holding a 461
public hearing, the Board of County Commissioners may grant or deny the 462
Special Use Permit requested. The Special Use Permit, if granted shall include 463
such approved plans as may be required. In granting the Special Use Permit the 464
Commissioners shall find: (1/2/90) 465
466
(A) that the use will not materially endanger the public health or safety if 467
located where proposed and approved; 468
(B) that the use meets all required conditions and specifications; 469
(C) that the use will not substantially injure the value of adjoining or 470
abutting property, or that the use is a public necessity; and 471
(D) that the location and character of the use if developed according to the 472
plan as submitted and approved will be in harmony with the area in 473
which it is to be located and in general conformity with the plan of 474
development for New Hanover County. (5/2/83) 475
476
(D) With any special use permit, the applicant has the burden of presenting 477
sufficient evidence that an application meets the standards of the Ordinance. 478
Once an applicant makes the requisite showing that the standards have been 479
met, the burden shifts to any opposition to the permit to present countervailing 480
substantial, competent, and material evidence that the standards have not been 481
met. Where there is substantial evidence on both sides, the Board of 482
Commissioners will weigh the evidence to make its determination. 483
484
485
486
1 - 2 - 11
01/09/2014
Planning Board Meeting
A-416 Page 12
(4)(5) In granting the permit the Board of County Commissioners may recommend and 487
designate such conditions in addition and in connection therewith, as will in its 488
opinion, assure that the use in its proposed location will be harmonious with the 489
area in which it is proposed to be located and with the spirit of this Ordinance. 490
All such additional conditions shall be entered in the minutes of the meeting at 491
which the permit is granted and also on the certificate of the Special Use Permit 492
or on the plans submitted therewith. All specific conditions shall run with the 493
land and shall be binding on the original applicants for the Special Use Permit, 494
their heirs, successors and assigns. A Special Use Permit, issued by the Board of 495
County Commissioners shall become null and void if construction or occupancy 496
of the proposed use as specified on the Special Use Permit is not commenced 497
within twenty-four (24) months of the date of issuance. If an extension is 498
desired, a request must be submitted in writing to the New Hanover County 499
Planning and Inspections Department prior to the expiration. Extensions may 500
be granted in accordance with section 112-6 of the Ordinance.(12/17/2012) 501
A Board of County Commissioners decision on an extension may be appealed in 502
conformity with the requirements of Section 71-1(6) of this Ordinance. (5/2/83), 503
(10/7/91) 504
505
(5)(6) If the Board of County Commissioners denies the Permit, the Board shall enter 506
the reasons for its action in the minutes of the meeting at which the action is 507
taken. (5/2/83) 508
509
(6)(7) Every decision by the Board of Commissioners issuing or denying a special use 510
permit shall be subject to review by the Superior Court by proceedings in the 511
nature of certiorari. Any petition for review by the Superior Court shall be filed 512
with the Clerk of Superior Court within thirty (30) days after the decision of the 513
Board is filed in the Office of the Clerk to the Board, or after a written copy 514
thereof is delivered to every aggrieved party who has filed a written request for 515
such copy with the Clerk or Chairman of the Board at the time of the hearing of 516
the case, whichever is later. (5/3/82) 517
518
(7)(8) In addition to the specific conditions imposed by the regulations of this 519
Ordinance and whatever additional conditions the Board deems reasonable and 520
appropriate, special uses shall comply with the height, yard, area and parking 521
regulations for the use district in which they are permitted unless otherwise 522
specified. If additional yard area is required for a special use, such additional 523
area may be used for off-street parking. A transportation information 524
sheetTraffic Information Worksheet is required to be completed. Ffor any 525
development that will generate more than 100 trips during the peak hour; a 526
traffic impact studyTraffic Impact Analysis may also be required. The study shall 527
be prepared in accordance with Standards standards and Guidelines guidelines 528
approved by the County and shall be submitted at least twenty-five (25) days 529
four weeks prior to the first scheduled meeting of the project's review. (5/02) 530
531
(8)(9) In the event of failure to comply with the plans approved by the Board of 532
County Commissioners or with any other conditions imposed upon the Special 533
1 - 2 - 12
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A-416 Page 13
Use Permit, the Permit shall thereupon immediately become void and of no 534
effect. No building permits for further construction or certificates of occupancy 535
under this Special Use Permit shall be issued, and all completed structures shall 536
be regarded as non-conforming uses subject to the provisions of Article IV of 537
this Ordinance provided, however, that the Board of County Commissioners 538
shall not be prevented from thereafter rezoning said property for its most 539
appropriate use. 540
541
(9)(10) The original applicant(s), their successors or their assignee may make minor 542
changes in the location and/or size of structures provided the necessity for 543
these changes is clearly demonstrated. Minor changes shall be reviewed by the 544
Planning and Inspections Department and upon favorable recommendation by 545
the Planning and Inspections Director may be approved by the Zoning 546
Administrator. Such approval shall not be granted should the proposed revisions 547
cause or contribute to: 548
549
(A) A change in the character of the development. 550
(B) A change of design for, or an increase in the hazards to pedestrian and 551
vehicle traffic circulation, or 552
(C) A modification in the originally approved setbacks from roads and/or 553
property lines exceeding ten percent. (5/4/81) (9/3/2013) 554
555
(10)(11) Resubmittals: An application for a special use which has been 556
previously denied may be resubmitted only if there has been a change 557
in circumstances as determined by the Planning and Inspections 558
Director or the director's designee. 559
560
Evidence presented in support of the new application shall initially be limited to 561
what is necessary to enable the Planning and Inspections Director to determine 562
whether there has been a substantial change in the facts, evidence, or 563
conditions of the case and shall include: 564
565
(A) Circumstances affecting the property that is the subject of the 566
application which have substantially changed since the denial; or 567
(B) New information available since the denial that could not with 568
reasonable diligence have been presented at a previous hearing. 569
570
If the Planning and Inspections Director deems the evidence substantially 571
changed, the proposal may be resubmitted as a new application. 572
573
Appeal of the Planning and Inspections Director’s decision may be made 574
to the Board of County Commissioners. (9/07) 575
576
1 - 2 - 13
01/09/2014
Planning Board Meeting
Permitted Uses PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
2
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
Supp
Regs
NAICS
Manufacturing
Artisan Manufacturing P P P P P P P
Limited Manufacturing
Animal Food Manufacturing P S P P P 3111
Grain and Oilseed Milling P S P P P 3112
Sugar and Confectionery Product
Manufacturing P
S P P P
3113
Fruit and Vegetable Preserving and
Specialty Food Manufacturing P
S P P P
3114
Dairy Product Manufacturing P S P P P 3115
Animal Slaughtering and Processing P S P P P 3116
Seafood Product Preparation and
Packaging P
S P P P
3117
Bakeries and Tortilla Manufacturing P S P P P 3118
Other Food Manufacturing P S P P P 3119
Beverage Manufacturing P S P P P 3121
Fiber, Yarn, and Thread Mills
S
P P
3131
Fabric Mills
S
P P
3132
Printing and Related Support
Activities P
S P P
P
3231
Apparel Knitting Mills
S
P P
3151
Cut and Sew Apparel Manufacturing
S
P P
3152
Apparel Accessories and Other
Apparel Manufacturing
S
P P
3159
Textile Furnishings Mills
S
P P
3141
Cutlery and Handtool Manufacturing P S P P P 3322
Architectural and Structural Metals
Manufacturing
S
P P
3323
Hardware Manufacturing P S P P P 3325
Spring and Wire Product
Manufacturing P
S P P P
3326
Machine Shops; Turned Product; and
Screw, Nut, and Bolt Manufacturing
S
S
P P
3327
Agriculture, Construction, and
Mining Machinery Manufacturing P
S P P P
3331
1 - 3 - 1
01/09/2014
Planning Board Meeting
Permitted Uses PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
2
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
Supp
Regs
NAICS
Industrial Machinery Manufacturing P S P P P 3332
Commercial and Service Industry
Machinery Manufacturing P
S P P P
3333
Ventilation, Heating, Air-
Conditioning, and Commercial
Refrigeration Equipment
Manufacturing P
S P P P
3334
Metalworking Machinery
Manufacturing P
S P P P
3335
Engine, Turbine, and Power
Transmission Equipment
Manufacturing P
S P P P
3336
Other General Purpose Machinery
Manufacturing P
S P P P
3339
Computer and Peripheral Equipment
Manufacturing P
S P P P
3341
Communications Equipment
Manufacturing P
S P P P
3342
Audio and Video Equipment
Manufacturing P
S P P P
3343
Semiconductor and Other Electronic
Component Manufacturing P
S P P P
3344
Navigational, Measuring,
Electromedical, and Control
Instruments Manufacturing P
S P P P
3345
Manufacturing and Reproducing
Magnetic and Optical Media P
S P P P
3346
Electric Lighting Equipment
Manufacturing P
S P P P
3351
Household Appliance Manufacturing P S P P P 3352
Electrical Equipment Manufacturing P S P P P 3353
Other Electrical Equipment and
Component Manufacturing P
S P P P
3359
Other Miscellaneous Manufacturing P S P P P 3399
Household and Institutional
Furniture and Kitchen Cabinet
Manufacturing P
S P P P
3371
Office Furniture (including Fixtures)
Manufacturing P
S P P P
3372
Other Furniture Related Product Man. P S P P P 3379
1 - 3 - 2
01/09/2014
Planning Board Meeting
Permitted Uses PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
2
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
Supp
Regs
NAICS
General Manufacturing
Textile and Fabric Finishing and
Fabric Coating Mills
S P
3133
Tobacco Manufacturing S P 3122
Other Textile Product Mills S P 3149
Leather and Hide Tanning and
Finishing
S P
3161
Footwear Manufacturing S P 3162
Other Leather and Allied Product
Manufacturing
S P
3169
Sawmills and Wood Preservation S P 3211
Veneer, Plywood, and Engineered
Wood Product Manufacturing
S P
3212
Other Wood Product Manufacturing S P 3219
Converted Paper Product
Manufacturing
S P
3222
Iron and Steel Mills and Ferroalloy
Manufacturing
S P
3311
Steel Product Manufacturing from
Purchased Steel
S
P
3312
Alumina and Aluminum Production
and Processing
S P
3313
Nonferrous Metal (except
Aluminum) Production & Processing
S P
3314
Forging and Stamping S P 3321
Boiler, Tank, and Shipping Container
Manufacturing
S P
3324
Coating, Engraving, Heat Treating,
and Allied Activities
S P
3328
Other Fabricated Metal Product
Manufacturing
S P
3329
Motor Vehicle Manufacturing S P 3361
Motor Vehicle Body and Trailer
Manufacturing
S P
3362
Motor Vehicle Parts Manufacturing S P 3363
Aerospace Product and Parts
Manufacturing
S P
3364
Railroad Rolling Stock Manufacturing S P 3365
Ship and Boat Building S P 3366
Other Transportation Equipment
Manufacturing
S P
3369
1 - 3 - 3
01/09/2014
Planning Board Meeting
Permitted Uses PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
2
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
Supp
Regs
NAICS
Medical Equipment and Supplies
Manufacturing S
S S
P
3391
Intensive Manufacturing
Pulp, Paper, and Paperboard Mills S 3221
Petroleum and Coal Products
Manufacturing
S
3241
Basic Chemical Manufacturing S 3251
Resin, Synthetic Rubber, and
Artificial Synthetic Fibers and
Filaments Manufacturing
S
3252
Pesticide, Fertilizer, and
Other Agricultural
Chemical Manufacturing
S
3253
Pharmaceutical and Medicine
Manufacturing
S
S
3254
Paint, Coating, and Adhesive
Manufacturing
S
3255
Soap, Cleaning Compound, and
Toilet Preparation Manufacturing
S
3256
Other Chemical Product and
Preparation Manufacturing
S
3259
Plastics Product Manufacturing S 3261
Rubber Product Manufacturing S 3262
Clay Product and Refractory
Manufacturing
S
3271
Glass and Glass Product
Manufacturing
S
3272
Cement and Concrete Product
Manufacturing
S
3273
Lime and Gypsum Product
Manufacturing
S
3274
Other Nonmetallic Mineral Product
Manufacturing
S
3279
Foundries S 3315
Fuel Bulk Storage Facilities S
Electricity Generating Facilities S
1 - 3 - 4
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A-417 Page 1
A-417 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE
APPLICANT: Cindee Wolf, Design Solutions
The Applicant proposes to amend Sections 23, 50, and 72 of the Zoning Ordinance to add
Recreational Vehicle and Boat Trailer Storage Lots as a use with supplemental standards
permitted by right or Special Use Permit in some zoning districts. The applicant’s
proposed additions are in red. Proposed deletions are in red strikethrough. A staff
recommended version follows the applicant’s version.
Applicant’s Proposal
New Hanover County Zoning Ordinance
Article II, Section 23: Definitions
Recreational Vehicle and Boat Trailer Storage Lots – A ground level parking area on which
recreational vehicles and boat trailers, with or without boats, can be stored for a fee when not in
use.
Article V, Section 50: Table of Permitted Uses
Permitted Uses PD
R
20S
R
20
R
15
R
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B
1
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Transportation,
Communication, Utilities
Recreational Vehicle and
Boat Trailer Storage Lots S S S S P P P P P P P
Article VII, Section 72: Additional Restrictions Imposed on Certain Special Uses
72-46: Recreational Vehicle and Boat Trailer Storage Lot
(1) The use shall be subject to the Special Use Permit review process as prescribed in
Article VII, Section 71 of this Ordinance in all instances.
(2) The use shall be solely open-air and ground level. No enclosing or overhead covering
structures shall be installed.
(3) Access shall be from a public or private street right of way.
(4) A minimum buffer of twenty (20) feet shall be provided in accordance with the
provisions of Article VI, Section 62 of the Ordinance for common boundary(ies) with
residential zoning districts and/or uses.
(5) Landscaping for streetyards and interior parking areas shall be provided in
accordance with the provisions of Article VI, Section 62 of the Ordinance for non-
resdiential uses in residential districts.
2 - 1 - 1
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Planning Board Meeting
A-417 Page 2
(6) All site lighting shall be located so as not to shine or reflect directly onto any adjacent
residential zoning districts and/or uses.
Staff Recommendation (Staff recommended deletions in red and strikethrough, recommended
additions in red and underline.)
New Hanover County Zoning Ordinance
Article II, Section 23: Definitions
Recreational Vehicle and Boat Trailer Storage Lots – A ground level parking area on which
recreational vehicles and boat trailers, with or without boats, can be stored for a fee when not in
use.
Article V, Section 50: Table of Permitted Uses
Permitted Uses PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
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I
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2
O
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Recreational Vehicle and
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S
P S S S S P P P P P P
S P
63.10/
72.40
Article VI, Section 63: Additional Restrictions Imposed on Uses Permitted by Right
63.10: Recreational Vehicle and Boat Trailer Storage Lot – A Recreational Vehicle and Boat
Trailer Storage Lot may be located by right in the B-1, B-2, I-1, I-2, Office and Institutional,
Airport Residential, and Airport Industrial subject to the district requirements and provided that:
(1) The use shall be solely open-air and ground level. No enclosing or overhead covering
structures shall be installed.
(2) Access shall be from a public or private street right of way.
(3) A minimum buffer of twenty (20) feet shall be provided in accordance with the
provisions of Article VI, Section 62 of the Ordinance for common boundary(ies) with
residential zoning districts and/or uses.
(4) Buffers and landscaping for streetyards and interior parking areas shall be provided in
accordance with the provisions of Article VI, Section 62 of the Ordinance.
(5) All site lighting shall be located so as not to shine or reflect directly onto any adjacent
residential zoning districts and/or uses.
(6) Repair, maintenance, or habitation of any recreational vehicle or boat stored in the
facility is prohibited.
Article VII, Section 72: Additional Restrictions Imposed on Certain Special Uses
2 - 1 - 2
01/09/2014
Planning Board Meeting
A-417 Page 3
72-46: Recreational Vehicle and Boat Trailer Storage Lot – A Recreational Vehicle and Boat
Trailer Storage Lot may be located by Special Use Permit in the Planned Development, R-15, R-
10, and R-7 zoning districts subject to the district requirements and provided that:
(1) The use shall be subject to the Special Use Permit review process as prescribed in
Article VII, Section 71 of this Ordinance in all instances.
(1) The use shall be solely open-air and ground level. No enclosing or overhead covering
structures shall be installed.
(2) Access shall be from a public or private street right of way road classified as arterial
on the most recent FHWA-approved functional classification map for the Wilmington
urban area.
(3) A minimum buffer of twenty (20) feet shall be provided in accordance with the
provisions of Article VI, Section 62 of the Ordinance for common boundary(ies) with
residential zoning districts and/or uses.
(4) Buffer strips and lLandscaping for streetyards and interior parking areas shall be
provided in accordance with the provisions of Article VI, Section 62 of the Ordinance
for non-residential uses in residential districts.
(5) All site lighting shall be located so as not to shine or reflect directly onto any adjacent
residential zoning districts and/or uses.
(6) Repair, maintenance, or habitation of any recreational vehicle or boat stored in the
facility is prohibited.
2 - 1 - 3
01/09/2014
Planning Board Meeting
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Planning Board Meeting
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Z-929IDOwner0BRM ASSOCIATES #2 LLC1ALL STOR CAROLINA BEACH LLC2JANCO OF WILMINGTON LLC3STATE EMPLOYEES CREDIT UNION4SUPERIOR CENTER LLC5STRICKLAND'S 3 LLC6STRICKLAND'S 3 LLC7STATE EMPLOYEES CREDIT UNION8SWARTZ MICHAEL E ETAL9BRIGHT LESLIE S DARLENE J10GIANCARLO LLC11ALL STOR CAROLINA BEACH LLC12S & P COMMERCIAL PROP LLC13BREWER JOYCE B14R & S MATTHEWS PROPERTIES LLC15SWARTZ PROPERTIES LLC16BRM ASSOCIATES #2 LLC17BELL ROBERT NELSON JR18COLE WG WILMINGTON NC LLC19BRM ASSOCIATES #1 LLC
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1/9/2014
Applicant and Owner:
Case:
Review Board:
Planning Board
RezoningRequest:
Notes:
Z-929
Date:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
Existing Zoning/Use: CD (B-1) & B-2Kenneth G. Orndorff
BPM Associates #1, LLC
10815 Sikes Places, Suite 300Charlotte, NC 28277
Create single zoning for parcel 3 - 3 - 101/09/2014
Planning Board Meeting
R-15
B-2
B-2
B-1 CDB-1 CDB-1 CD
B-1
O&I
O&I
B-2
O&I CD
B-1 CD
R-10
CAROLINA BEACH RD
SANDE
R
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GRAND CHAMPION RD
LEVIS LN
LAVER DR
RIVAGE PROMENA DE
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GRANBY ST
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FAYEMONT CT
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500
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®HNC
Zoning LegendA-IARB-1B-2EDZDI-2 O&IPD
R-15R-20RASC
Incorporated AreasSHOD
CUDSee Section 59.4 of the Zoning Ordinance
COD
R-10
RFMUR-7R-20SCZD
I-1
Z-929
1/9/2014
Applicant and Owner:
Case:
Review Board:
Planning Board
RezoningRequest:
Notes:
Z-929
Date:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
Existing Zoning/Use: CD (B-1) & B-2Kenneth G. Orndorff
BPM Associates #1, LLC
10815 Sikes Places, Suite 300Charlotte, NC 28277
Create single zoning for parcel 3 - 4 - 101/09/2014
Planning Board Meeting
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4 - 1 - 1
01/09/2014
Planning Board Meeting
S-615, (11/13) Page 1
SPECIAL USE PERMIT
S-615, 11/13: Request for a Special Use Permit to develop a community boating facility in
conjunction with a single family detached residential community on a 75.17
acre parcel located in an R-15 Residential District.
Request By: SEL Property Investors, LLC
Location: 5200 block of Masonboro Loop Road near Aqua Vista Drive, PID R07600-003-
014-000
Summary of Request
SEL Property Investors, LLC is requesting a Special Use Permit for a community boating facility
to be developed in conjunction with a single family detached residential neighborhood on a
75.17 acre tract off of Masonboro Loop Road near Aqua Vista Drive. The subject property is
currently vacant and undeveloped and was previously used for agriculture and timbering.
The community boating facility would be comprised of an inland basin approximately 88,000
square feet in area (approximately 2 acres) and feature 75 slips for use by community residents
only. The slips would be several sizes, including nineteen 25’ lift slips, two 25’ slips, twenty 30’
slips, twenty-six 35’ slips, and eight 40’ slips. The boating facility would also feature a
canoe/kayak launch, also exclusively for use by community residents. The community boating
facility would have direct access to the Intracoastal Water Way via a 40’ wide canal. The total
of slips was decided by the applicant because exceeding 75 slips would have triggered the
closure of existing shellfishing area beyond the entrance channel per state regulations (15A
NCAC 18A .0911). Shellfishing within the basin and a portion of the new channel will be
prohibited but the project as designed will not result in the closure of any existing shellfishing
areas. Additionally, a pump-out station is required per CAMA regulations.
Both the access canal and the basin would be created from dredging the existing land to
connect to an existing basin near the Atlantic Intracoastal Water Way. On December 13, 2013,
State Permit # 24-81 was transferred from Maurice Emmart, Jr. to SEL Property Investors, LLC
and renewed until December 31, 2017. This permit was originally issued on February 20, 1981
and authorizes dredging of the existing channel fingers to -6 MSL. To minimize impacts to
Primary Nursery Area habitat, the permit includes a condition that prohibits dredging activity
during spawning season (April 1 to September 30 annually).
A total of 64 parking spaces are proposed to serve the community boating facility, with a
mixture of 35 vehicular spaces and 29 golf cart spaces. The use of signage and neighborhood
covenants will dictate all associated parking spaces be time limited and/or temporary access to
the community boating facility. Dedicated pedestrian paths and bicycle racks will be provided
to encourage walking and biking to the facility, and design of the residential neighborhood will
encourage the use of golf carts and other non-vehicular modes of transportation.
4 - 2 - 1
01/09/2014
Planning Board Meeting
S-615, (11/13) Page 2
The project will be subject to all necessary reviews and approvals, including from the NC DENR
Division of Coastal Management, NC DENR Division of Water Resources, NC DENR Division of
Marine Fisheries, US Army Corps of Engineers, US Fish and Wildlife Service, National Marine
Fisheries Service, New Hanover County Engineering, and New Hanover County Planning and
Inspections. A scoping meeting was held with representatives from these and other agencies
on November 14, 2013 to discuss the project prior to the submission for a CAMA Major Permit.
At the scoping meeting, concerns were raised in several areas, and as a result the project was
revised. Below is a summary of the issue areas discussed at the interagency scoping meeting,
and how the project was revised to address the issue:
Impacts to Coastal Wetlands – The original design of the project proposed impact to
approximately 3,151 square feet of coastal wetlands. NC DENR Division of Coastal
Management (DCM) Staff had particular concerns about the original design of the
bulkheads and breakwaters, their necessity, and the resulting impacts to coastal
wetlands. In response, the locations of the bulkheads and one of the two breakwaters
were revised and the impacted coastal wetland area has been reduced to 1,284 square
feet.
Impacts to Primary Nursery Areas – A riprap groin was originally proposed along the
northern side of the existing entrance channel to minimize sediment accumulation and
buffer wave energy within the channel. The proposed groin would have impacted 3,768
square feet of Primary Nursery Area, a concern expressed by several agencies. In
response, the riprap groin was eliminated and replaced with a vertical sheet pile jetty
wall, which will have minimal impact to the benthic environment of the Primary Nursery
Area.
Adequate Tidal Flushing of Basin and Channel – Meeting attendees expressed concern
about the square corners of the original design as well as the basin and channel depths,
and how if these elements as designed could provide adequate flushing of the channel
and basin during the semi-diurnal mixed tidal events that are experienced in
southeastern North Carolina. Tapering the depths of corners in the basin was suggested
to improve water flow and encourage flushing, and the plan was revised to taper the
basin corner depths from -6’ mean low water (MLW) to -5’ MLW. In accordance with
DCM rules, the depth of the basin (-6’ MLW tapering to -5’ MLW in the corners) and
channel (-6 MLW) will be less than the depth of the adjacent waters (approximately -14
MLW within the Atlantic Intracoastal Water Way). Additionally, a dredging maintenance
plan is proposed that will require maintenance dredging be performed when depths
within the authorized dredging areas reach -4’ MLW or shallower. Maintaining channel
and basin depths will ensure tidal flushing occurs as predicted and designed.
The above revisions were incorporated into the project design and on December 17, 2013, a
CAMA Major Permit was applied for. Division of Coastal Management Staff has 75 days (March
4 - 2 - 2
01/09/2014
Planning Board Meeting
S-615, (11/13) Page 3
3, 2014) from the submission date to render an approval or denial decision, with the possibility
of extending the decision period up to an additional 75 days (May 16, 2014). During this period,
a number of state and federal agencies will have the opportunity to review and comment on
the project. New Hanover County Planning and Inspections Staff will have another opportunity
to review and comment on the project during this period; Staff reviews all requests for CAMA
Major and General Permits for consistency with the County’s adopted CAMA Land Use Plan.
Preliminary Staff Findings of Fact
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. Water and sewer are currently available to the subject property; however, the proposed
use does not require water or sewer. The special use permit request is to construct the
community boating facility, ancillary access channel, and associated parking areas.
B. Vehicular and multi-modal traffic to the facility will originate solely from within the
community that has exclusive use of the boating facility. The community boating facility
itself will not increase traffic loads on the transportation network outside of the
community, including Myrtle Grove Road. The residential community which the boating
facility will serve is pending submittal but will require a Traffic Impact Analysis.
C. The subject property is located in the New Hanover County South Fire Service District.
D. The Average Daily Trip count (ADT) on Masonboro Loop Road at Aqua Vista Drive was
18,536 trips per day in October 2013, representing a Level of Service (LOS) of “F”,
meaning that traffic counts exceed the design capacity of the road, which is listed at
16,200.
E. The area for the proposed scope of work does not host any known cultural or
archaeological resources; however, it is located in a CAMA Area of Environmental
Concern (AEC) and AE and VE Special Flood Hazard Areas. Therefore, the project will be
subject to a CAMA Major Permit and limited to 25% impervious surface. Additionally,
the project will require review and approval from NC DENR Division of Coastal
Management, NC DENR Division of Water Resources, NC DENR Division of Marine
Fisheries, US Army Corps of Engineers, New Hanover County Engineering, and New
Hanover County Planning and Inspections.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Section 72-37(1) requires that the applicant demonstrate that the project will have
minimal impacts on water quality, primary nursery areas, shellfish grounds, and
conservation resources.
4 - 2 - 3
01/09/2014
Planning Board Meeting
S-615, (11/13) Page 4
I. A project scoping meeting was held on November 14, 2013 and included
representatives from the NC DENR Division of Coastal Management, NC DENR
Division of Water Resources, NC DENR Division of Marine Fisheries, US Army
Corps of Engineers, US Fish and Wildlife Service, National Marine Fisheries
Service, New Hanover County Engineering, New Hanover County Planning and
Inspections, and others. Concerns about the project were expressed in three
main areas: impact to/loss of coastal wetlands, impact to/loss of Primary Nursery
Area, and adequate tidal flushing of the basin and channels. The project was
revised to incorporate suggestions to address these issues.
II. A CAMA Major Permit application was submitted by the applicant on December
17, 2013 for the project. This permit application included the revisions resulting
from the November project scoping meeting. Division of Coastal Management
Staff has 75 days (March 3, 2014) from the submission date to render an
approval or denial decision, with the possibility of extending the decision period
up to an additional 75 days (May 16, 2014). During the review window, the
above-listed agencies and others are able to further review and comment on the
project, and potential impacts of the projects including impacts to water quality,
coastal wetlands, Primary Nursery Areas, shellfishing grounds, and other
conservation resources. At this time those reviews have not been completed.
III. As currently proposed, the project will result in a loss of 1,284 square feet of
coastal wetlands. At this time, no evidence has been submitted that this project
will have a negative impact on the remaining coastal wetlands in the vicinity of
the project.
IV. As currently proposed, direct impacts to Primary Nursery Areas as a result of the
project are limited to two vertical sheet pile jetties extending approximately 100’
into the Atlantic Intracoastal Water Way from the end of the proposed
breakwaters in the existing basin. At this time, no evidence has been submitted
that this project will have a negative impact on Primary Nursery Areas in the
vicinity of the project.
B. Proposed parking accommodations include 64 total spaces (35 vehicular and 29 golf
spaces) to serve the community boating facility and additional amenities. Additional off-
street parking is provided by residential driveways within a reasonable walking distance
to the community boating facility, which has historically been acceptable to suffice
Section 72-37(2) of the Zoning Ordinance.
C. The number of boat slips does not exceed the number of residential lots or dwelling
units proposed within the associated development, pursuant to Section 72-37(3) of the
Zoning Ordinance.
D. The right to use the use of the facility by community residents shall be conferred in the
homeowners covenants by language and necessary restrictions deeming the community
boating facility as private and only for use by community residents, as required per
Section 73-37(4) of the Zoning Ordinance.
E. Commercial activities or associated commercial type uses or amenities, such as the sale
of gasoline, oil, marine supplies, and food stuffs, will be prohibited, consistent with
Section 73-37(5) of the Zoning Ordinance.
4 - 2 - 4
01/09/2014
Planning Board Meeting
S-615, (11/13) Page 5
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of
the required conditions and specifications of the Zoning Ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The proposed project will be a component of a proposed single family detached
residential community which will meet all applicable landscaping and buffering
requirements set forth in the Zoning Ordinance.
B. The proposed facility will not generate any additional traffic on Myrtle Grove Road as
the facility shall only be utilized by community residents whose trip origin is within the
residential community.
C. Similar water-dependent uses exist on adjoining properties to the north and south of
the subject site.
D. No evidence has been submitted that this project will decrease property values of
adjacent or nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
Finding 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for New Hanover
County.
A. The subject property is located in an R-15, Residential District. Community Boating
facilities are permitted by Special Use Permit in all residential districts, including R-15.
B. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the subject
site as Watershed Resource Protection and Conservation land use classifications.
Impervious surface coverage will not exceed 25%, compliant with Policy 3.12(a) of the
Plan.
C. The project will utilize natural vegetative buffers to effectively filter runoff before it
enters surface waters, consistent with the protection strategy for the Watershed
Resource Protection and Conservation areas stated by Policy 3.12(c) of the 2006
Wilmington-New Hanover County CAMA Land Use Plan.
D. The proposed scope of work falls within the definition of a community boating facility
per the 2006 Wilmington-New Hanover County CAMA Land Use Plan. As defined, a
community boating facility is “a private nonprofit boating facility including a dock pier,
and/or launching ramp on property which has water frontage, the use of which is
intended to serve 5 or more residential lots or units. The right to use such facility must
be conferred by an easement appurtenant to the residential lot it is intended to serve.
No commercial activities of any kind, including commercial letting of slips to parties who
4 - 2 - 5
01/09/2014
Planning Board Meeting
S-615, (11/13) Page 6
are not residents of the waterfront subdivision shall be allowed within confines of the
facility.”
E. The project will satisfy private riparian access needs by utilizing a shared-use facility,
consistent with Policy 3.19 of the 2006 Wilmington-New Hanover County CAMA Land
Use Plan.
F. Policy 3.20 of the CAMA Land Use Plan prohibits new dredging activities in Primary
Nursery Areas (PNA), Outstanding Resource Waters (ORW), and Shellfishing Waters (SA)
with the exception of maintenance dredging activities. In order to meet the
requirements for maintenance dredging, a previously permitted channel must exist, that
the original depth and width may not be increased to allow for a new or expanded use,
and that excavated material must be placed in an approved disposal area without
significantly impacting adjacent nursery areas or submerged vegetation. On December
13, 2013, State Permit # 24-81, which was originally issued on February 20, 1981 and
remains valid until December 31, 2017, and permits maintenance dredging of the
existing channels and placement of spoil material in a specified disposal area, was
transferred to the applicant SEL Property Investors, LLC. The scope of work authorized
under State Permit # 24-81 has not changed from the date of initial issuance, and
permits a dredging depth of -6 MLW. As such, the dredging activities authorized under
State Permit # 24-81 are consistent with Policy 3.20 of the 2006 Wilmington-New
Hanover County CAMA Land Use Plan, specifically Implementation Strategy 3.20.4.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is general
conformity with the plan of development for New Hanover County.
SUMMARY
Staff concludes that, with the information submitted, the applicant has demonstrated that the
proposal meets Section 72-37(1) of the Zoning Ordinance. Staff also concludes that, with the
information submitted, the applicant has demonstrated that the proposal is consistent with
Policy 3.20.4 and other applicable policies of the CAMA Land Use Plan.
Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and
findings of fact.
ACTION NEEDED (Choose one):
1. Motion to Recommend Approval (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify).
3. Motion to Recommend Denial based on specific findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that the
project will pose public hazards or will not adequately meet requirements of the
ordinance.
4 - 2 - 6
01/09/2014
Planning Board Meeting
S-615, (11/13) Page 7
Staff’ suggests the following motion:
Motion to Recommend Approval of the Special Use Permit with the following condition:
1. The project is subject to the issuance of a CAMA Major Permit and any conditions
imposed by the permit, as well as all other applicable reviews, permits, and approvals.
2. Revisions to the project that occur after the issuance of the Special Use Permit that
further minimize impacts to coastal wetlands, primary nursery areas, shellfishing
areas, or other conservation resources in order to receive a CAMA Major Permit shall
be considered minor revisions pursuant to Section 71-1(9).
4 - 2 - 7
01/09/2014
Planning Board Meeting
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HOLT RD
WOODS EDGE DR
PINER RD
PRIVATE
HOLLIS LN
SHOEMAKER LN
CAPTAINS LN
MASONBORO LOOP RD
AQUA VISTA DR
OLD MYRTLE GROVE RD
G
RISS
O
M
R
D
GREY SQUIRREL DR
HIGHGROVE PL
BRIGHTON RD
HORNDALE DR
MARINA CLUB DR
MASONBORO HARBOUR DR
CHALICE LN
ROSEMAN LN
CORONADO DR
HIDDEN VALLEY RD
WOOD RIDGE RD WOOD DUCK CIR
MARVIN K MOSS LN
SKEET R
D
SOUTHW OLD DR
FOXWOOD LN
WOODSCAPE DR
TRAILIN G VINE LN
FRIENDLY LN
SEA GULL LN
BILLMARK DR
MYRTLE GROV E RD
LONE EAGLE CT
WEST GR
OV
E DR
CONTENDER LN
MARSH WOOD DR
COLCHESTER PL
CAMEO CT
THE KINGS HWY
EM MARTS CT
C
REEK DR
N
C
RYSTAL CT
CORN
WALL CT
BRASS EAGLE CT
TRELLIS CT
ARNLEA CT S
DEER GLADE CT
PRIVATE
PRIVATE
PRIVATE
P
RIVATE
PRIVA
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FO XW OO D LN
500
Feet
Parcels within 500 Feet of Case Site
R-15
R-20
R-10
HOLT RD
PRIVATE
SEA GULL LN MARINA CLUB DR
AQUA VISTA DR
CAPTAINS LN
MASONBORO LOOP RD
PINER RD
OLD MYRTLE GROVE RD
GRISSOM RD
MASONBORO HARBOUR DR
CORONADO DR
MARVIN K MOSS LN
MYRTLE GROVE RD
SHOEMAKER LN
FOXWOOD LN
BRIGHTON RD GREY SQUIRREL DR
W
EST G
ROVE DR
CHALICE LN
POND DR
CREEK
D
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PRIVATE
PRIVATE
Zoning
Neighboring Parcels
!!!
!!!!!!!!
!!
!!!!!!!!S-616 Site
®HNC
1/9/2014
Applicant and Owner:
Case:
Review Board:
Planning Board
Special UsePermit
Request:
Notes:
S-615
Date:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
Existing Zoning/Use: Residential, R-15SEL Property Investors, LLC.60 Gregory Rd. Suite 1Belville, NC 28451
S-615
Intracoastal Waterway
IDAddressIDAddress05250 HOLT RD611206 BERESFORD CT15104 MASONBORO LOOP RD625146 MASONBORO HARBOUR DR21209 BERESFORD CT635106 MASONBORO HARBOUR DR31233 BERESFORD CT645212 MASONBORO LOOP RD4109 BARTON OAKS DR655224 MASONBORO HARBOUR DR55115 OLD MYRTLE GROVE RD665200 MASONBORO HARBO
UR DR
65330 MASONBORO LOOP RD671205 BERESFORD CT75105 OLD MYRTLE GROVE RD685112 MASONBORO LOOP RD
85114 MASONBORO HARBOUR DR695116 MASONBORO LOOP
RD
95117 OLD MYRTLE GROVE RD70102 BURNING TREE RD
10106 BURNING TREE RD715216 MASONBORO LOOP RD115213 MASONBORO HARBOUR DR725102 MASONBORO HARBOUR DR125200 MASONBORO LOOP RD735247 OLD MYRTLE GROVE RD
135324 MASONBORO LOOP RD741222 BERESFORD CT145201 OLD MYRTLE GROVE RD75110 BURNING TREE RD155205 OLD MYRTLE GROVE RD76118 BARTON OAKS DR165336 MASONBORO LOOP RD775126 MASONBORO HARBOUR DR
175201 MASONBORO HARBOUR DR781214 BERESFORD CT185217 MASONBORO HARBOUR DR791221 BERESFORD CT195127 OLD MYRTLE GROVE RD801213 BERESFORD CT201229 BERESFORD CT811225 BERESFORD CT215108 MASONBORO LOOP RD825304 SOUTHWIND DR225315 MASONBORO LOOP RD835209 OLD MYRTLE GROVE RD
235110 MASONBORO HARBOUR DR845300 SOUTHWIND DR245118 MASONBORO HARBOUR DR855305 SOUTHWIND DR255216 MASONBORO HARBOUR DR86114 BURNING TREE RD
265326 MASONBORO LOOP RD875103 OLD MYRTLE GROVE RD275123 OLD MYRTLE GROVE RD885228 MASONBORO HARBOUR DR
285130 MASONBORO HARBOUR DR895236 MASONBORO HARBOUR DR295241 OLD MYRTLE GROVE RD905232 MASONBORO HARBOUR DR
305212 MASONBORO HARBOUR DR9199 AQUA VISTA DR315109 OLD MYRTLE GROVE RD925208 MASONBORO HARBOUR DR321201 BERESFORD CT935237 OLD MYRTLE GROVE RD335134 MASONBORO HARBOUR DR945231 OLD MYRTLE GROVE RD
34113 BARTON OAKS DR955338 MASONBORO LOOP RD351218 BERESFORD CT965304 MASONBORO LOOP RD36105 BARTON OAKS DR975103 MASONBORO LOOP RD37117 BARTON OAKS DR985101 MASONBORO LOOP RD381217 BERESFORD CT995324 HOLT RD395220 MASONBORO HARBOUR DR1005330 HOLT RD405205 MASONBORO HARBOUR DR1015300 HOLT RD415209 MASONBORO HARBOUR DR1025329 HOLT RD425204 MASONBORO HARBOUR DR1035324 HOLT RD435223 MASONBORO HARBOUR DR1045591 MARVIN K MOS
S LN
445325 MASONBORO LOOP RD1055227 MASONBORO HARBO
UR DR
455100 MASONBORO HARBOUR DR1065231 MASONBORO HA
RBOUR DR
461210 BERESFORD CT1075200 HOLT RD471202 BERESFORD CT1085126 HOLT RD481230 BERESFORD CT1095606 MARVIN K MOSS LN495321 MASONBORO LOOP RD1105118 HOLT RD505213 OLD MYRTLE GROVE RD1115107 MASONBORO LOO
P RD
515138 MASONBORO HARBOUR DR1125108 HOLT RD525308 SOUTHWIND DR113100 AQUA VISTA DR535016 MASONBORO LOOP RD1145119 HOLT RD545100 MASONBORO LOOP RD1155021 MASONBORO LOOP RD
55110 BARTON OAKS DR1165113 HOLT RD565142 MASONBORO HARBOUR DR1175113 HOLT RD57101 BARTON OAKS DR1185127 HOLT RD585122 MASONBORO HARBOUR DR1195237 MASONBORO HA
RBOUR DR595208 MASONBORO LOOP RD1205149 MASONBORO HARBO
UR DR
601226 BERESFORD CT
4 - 3 - 101/09/2014
Planning Board Meeting
CITY
R-15
R-20
B-2
R-10
CITY
O&I
B-2 CD
O&IO&I
O&I CD
O&I
O&I CD
B-1
O&I CD
B-2
S-615
1/9/2014
Applicant and Owner:
Case:
Review Board:
Planning Board
Special UsePermit
Request:
Notes:
S-615
Date:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
Existing Zoning/Use: Residential, R-15SEL Property Investors, LLC.60 Gregory Rd. Suite 1Belville, NC 28451
Zoning LegendA-IARB-1B-2EDZDI-2 O&IPD
R-15R-20RASC
Incorporated AreasSHOD
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5 - 1 - 1
01/09/2014
Planning Board Meeting
S-617, (1/14) Page 1
SPECIAL USE PERMIT
S-617, 1/14: Request for a Special Use Permit to develop a mixed use development on a
37.9 acre parcel located in a B-1 Business District.
Request By: ACI Pine Ridge, LLC
Location: 100 block of Porters Neck Road, near intersection of Market Street and
Porters Neck Road
PIDs: R02800-001-178-000, R02800-001-179-000, R02800-001-180-000,
R02800-001-177-000, R02800-001-181-000, R02800-001-185-000
R02800-001-184-000
History of Subject and Surrounding Properties
In July 2005, an application was submitted by the then-current property owner requesting a
general use rezoning from R-15, Residential District, to B-1, Neighborhood Business District, for
three parcels totaling 24.23 acres and comprising a portion of the current subject property.
Upon learning of the rezoning request, several adjacent property owners also petitioned to join
the request, adding an additional seven parcels totaling 25.26 acres to the rezoning
consideration. On August 4, 2005, the Planning Board voted 6-0 to recommend approval of the
rezoning of all of the parcels totaling approximately 50 acres from R-15, Residential District, to
B-1, Neighborhood Business District. On September 6, 2005, the Board of Commissioners
passed a motion to approve the rezoning request, with the effective date of the zoning change
of the approximate 50 acres coinciding with the opening of the I-140 Wilmington Bypass near
the site. The approximate 50 acres subject to the above rezoning included the 37.9 acres
subject to the current Special Use Permit, as well as a significant area that was subject to
another rezoning.
On September 4, 2007, the Board of Commissioners voted unanimously (5-0) to pass a motion
to approve with conditions the rezoning of approximately 16.2 acres from B-1, Neighborhood
Business, to CD(B-2), Conditional Highway Business District. The approval of this rezoning
permitted the Lowes Home Improvement store, parking area, stormwater management
features, and the access road from Market Street into the site as depicted on the site plan
which accompanied the rezoning request.
The Lowes Home Improvement store comprised a portion of the overall concept for Porters
Neck Crossing, which was originally envisioned as a retail development to also include an
additional 120,000 square ft. general retail store and 181,000 square ft. of miscellaneous retail
use. A traffic impact analysis was conducted in 2007 for the initial Porters Neck Crossing
concept, and subsequent improvements for access, circulation drives, stormwater management
features, and utilities were installed to support the initial concept and now serve the Lowes
Home Improvement store. However, aside from the infrastructure improvements, no
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Planning Board Meeting
S-617, (1/14) Page 2
approvals from New Hanover
County were previously obtained
for any development of the 37.9
acre portion of the Porters Neck
Crossing project subject to the
current request.
Summary of Request
ACI Pine Ridge, LLC, applicant and
owner, is requesting a Special Use
Permit for residential uses within
the B-1 zoning district as part of a
mixed use development containing
273 multifamily residential units
within 13 buildings, four residential
parking garages, a clubhouse and
associated amenities for the
residential units, and 40,000
square feet of non-residential uses
including “retail, restaurants,
hotel, and shops” within 5
separate buildings. The subject
property includes 7 parcels totaling 37.9 acres within a B-1 Business District, and is located
adjacent to the Lowes Home Improvement store near the intersection of Market Street and
Porters Neck Road. The subject site is currently vacant and undeveloped.
Access to the site will be provided by an extension to the existing segment of Porters Neck Road
that connects directly to Market Street, and also an existing access connection to the existing
shopping center to the south of the property. An updated traffic impact analysis was provided
by the applicant that evaluated the effect of the current proposal versus the full retail proposal
from 2007, which recommended the access and intersection improvements that were installed
during the development of Lowes Home Improvement. The updated analysis indicates that
peak traffic generation from the current proposal is significantly less than the traffic that was to
be generated from the original proposal, and as such, the already installed improvements are
sufficient to accommodate the current proposal.
The Wilmington Metropolitan Planning Organization performed a traffic count in the area from
Monday, April 29, 2013 to Thursday, May 1, 2013. The count showed that in the vicinity of the
site, Market Street had an average daily volume of 34,557. With a design capacity of 43,700
vehicles per day, this represents a volume to capacity ration of 0.79 and a level of service of
“D”.
Figure 1 – Existing Zoning
The existing zoning of the subject parcels is B-1. Adjacent to the
east is a CD(B-2) district with a large developed store.
Surrounding zoning also includes B-1, B-2, and R-15.
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S-617, (1/14) Page 3
Water and sewer lines were
extended to the site during the
development of the Lowes Home
Improvement Store, but will need
to be extended to further serve the
project. Water and sewer
allocations are reserved by
agreements with CFPUA.
The subject property is classified as
Transition Area and Wetland
Resource Protection Area
according to the 2006 CAMA Land
Use Plan. According to the Plan,
the purpose of the Transition
classification is to provide for
future intensive urban
development on lands that have
been or will be provided with
necessary urban services.
The Wetland Resource Protection
subclass of the Resource
Protection Classification is situated
primarily in the northeastern part of the county. The impact from which protection is needed is
loss of wetland areas due to development. The primary resource protection strategies focus on
encouraging preservation of wetlands and wetland functions.
In harmony with the wetland resource protection strategies, stormwater from the development
will be controlled with a combination of techniques. Two large stormwater detention ponds
are currently permitted and installed on the subject site; these ponds were designed to capture
the stormwater runoff from the existing Lowes Home Improvement store and the subject site.
In addition to the existing stormwater features, an additional detention pond is proposed for
the northern end of the site which will work in harmony with some additional low impact
development stormwater management features including bioretention areas, areas of pervious
pavement, and directing rooftop runoff to landscaped areas. In total, the revised stormwater
management plan will exceed NC DENR standards, mitigating the potential for indirect impacts
to the adjacent wetlands. No direct impacts are proposed to any wetland areas on the site,
which are represented on a valid delineation that has been approved by the US Army Corps of
Engineers.
Figure 2 – CAMA Land Use Classifications
The subject site is divided into two CAMA Land Use Classifications.
The light green represents Wetland Resource Protection Area and
the grey represents Transition Area. The hatched areas represent
the delineated wetlands.
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S-617, (1/14) Page 4
Preliminary Staff Findings of Fact
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. Water and sewer infrastructure and capacity are available to serve the site.
B. The subject property is located in the New Hanover County North Fire Service District.
C. A traffic count was conducted from Monday, April 29, 2013 to Thursday, May 1, 2013
and showed that in the vicinity of the site, Market Street had an average daily volume of
34,557. With a design capacity of 43,700 vehicles per day, this represents a volume to
capacity ration of 0.79 and a level of service of “D”. The project will result in
approximately 176 AM peak hour trips and 264 PM peak hour trips. Access and
circulation improvements installed to as the Lowes Home Improvement store was
developed are sufficient to serve the proposed project.
D. The subject site does not host any known cultural or archaeological resources.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Dwelling units for residential uses are allowed by Special Use Permit in the B-1 zoning
district provided that the project meets the standards of Section 72-38 of the Zoning
Ordinance.
B. Section 72-38(1) of the Zoning Ordinance requires that such dwelling units are part of a
mixed use development established to provide innovative opportunities for an
integration of diverse but compatible uses into a single development that is unified by
distinguishable design features with amenities and walkways to increase pedestrian
activity. Although the application narrative indicates that sidewalks will be provided
pursuant to Section 72-38(4), the proposed locations and sizes of sidewalks and any
other amenities proposed to encourage pedestrian activity between differing uses have
not been included on the site plan.
C. Section 72-38(1) requires that such a development shall be in single ownership or
unified control of a property owners association. The application narrative states that
the property will be encumbered by covenants, conditions, and restrictions to assure
conformance with the approved plan.
D. Section 72-38(2) requires that the uses in such a development are restricted to
residential and B-1 business uses. A definitive list of proposed uses has not been
provided.
E. A conceptual elevation has been provided that indicates the proposed architecture
pursuant to Section 72-38(3).
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S-617, (1/14) Page 5
F. Section 72-38(5) requires that the location and quantity of parking in such a
development should be shared. General areas proposed for parking have been depicted
on the site plan and the application indicates that approximately 800 spaces shall be
provided.
G. A conceptual lighting plan has not been provided as required per Section 72-38(7).
Staff Suggestion: Evidence in the record at this time does not support a finding that the use
meets all of the required conditions and specifications of the Zoning Ordinance. A well thought
out plan for pedestrian movement throughout the mixed use project should be provided for
board consideration. A conceptual lighting plan must be part of the application to satisfy
ordinance requirements.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The proposed project is a mixed use development and which will meet all applicable
landscaping and buffering requirements set forth in the Zoning Ordinance.
B. Similar residential and non-residential uses exist on the Market Street corridor in the
vicinity of the subject site.
C. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
Finding 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for New Hanover
County.
A. The subject property is located in a B-1, Business District; residential uses are permitted
in B-1 provided that they are part of a mixed use development pursuant to Section 72-
38 of the Zoning Ordinance.
B. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the subject
site as Wetland Resource Protection and Transition land use classifications and the
proposal is consistent with the intents of those land use classifications.
C. Policy 3.14 of the Plan encourages development away from exceptional and substantial
wetlands and other sensitive areas by allowing greater design flexibility in cluster
development and other alternative development types. The project as proposed avoids
direct impacts to wetlands and preserves their function through stormwater control
measures. In order to ensure the preservation and perpetual function of the substantial
areas of wetlands on the subject property, a preservation easement is suggested.
D. Policy 4.31 of the Plan suggests appropriate siting of commercial uses in proximity to
markets they serve and ensuring that such commercial uses do not diminish the quality
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S-617, (1/14) Page 6
of life in nearby residential areas. Specifically, Implementation Strategy 4.3.6 states to
locate commercial centers to provide community level service at key intersections or on
major thoroughfares with appropriate performance and design requirements. The
location of the project is at nexus of the I-140 Wilmington Bypass, Market Street/US
Highway 17 North, and Porters Neck Road.
E. Policy 5.1 of the Plan encourages mixed use and higher density development within the
urban services area to maximize benefits from available infrastructure. Although the
subject site is outside of the adopted Urban Services Boundary, utility improvements
with capacity to serve the proposal were designed and installed prior the adoption of
the Urban Services Boundary.
F. The mixed use projects referred to in Policy 5.1 should also preserve natural resources
and reduce dependence on the automobile. The proposal avoids any direct impact to
wetland areas and features residential and non-residential uses within walking distance
from each other and will integrate sidewalks and other amenities to encourage
pedestrian activity.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is general
conformity with the plan of development for New Hanover County.
SUMMARY
Staff concludes that, without the suggested additions the applicant has not demonstrated that
the proposal can meet Section 72-38 of the Zoning Ordinance. Staff also concludes that, with
the information submitted, the applicant has demonstrated that the proposal is consistent with
the applicable policies of the CAMA Land Use Plan, as well as consistent with the management
strategies for Transition and Wetland Resource Protection land use classifications.
Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and
findings of fact.
ACTION NEEDED (Choose one):
1. Motion to Recommend Approval (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify).
3. Motion to Recommend Denial based on specific findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that the
project will pose public hazards or will not adequately meet requirements of the
ordinance.
Staff suggests the following motion:
Motion to Recommend Denial of the Special Use Permit unless the petitioner can address the
following conditions:
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S-617, (1/14) Page 7
1. Submit for review and approval, a revised site plan indicating sidewalks and other
pedestrian features congruous to Section 72-38(4). Site plan should illustrate safe and
convenient pedestrian movement between the residential portions of the project, the
commercial portions and neighboring commercial areas.
2. Non-residential uses shall be limited to B-1 business uses.
3. A conceptual lighting plan shall be submitted for review and approval by Planning and
Inspections Staff.
4. The delineated wetland areas on the subject site shall be placed under a perpetual
conservation easement so as to ensure their preservation and functionality.
These conditions must be satisfied prior to receiving a building permit.
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!!!!!!!!S-616 Site®HNC
1/9/2014
Applicant and Owner:
Case:
Review Board:
Planning Board
Special Use PermitRequest:
Notes:
S-617
Mixed Use Development
Date:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
Existing Zoning/Use:
B-1James A. Black Jr.
ACI Pine Ridge, LLC
1400 West Northwood St.Greensboro, NC 27408
IDOwner0ACI PINE RIDGE LLC1PINERIDGE PROPERRTIES2SCARAFONI ASSOCIATES NC INC3SCARAFONI ASSOCIATES NC INC4PINE RIDGE PROPERTIES5PINE RIDGE PROPERTIES6SCARAFONI ASSOCIATES INC7ACI PINE RIDGE LLC8ACI PINE RIDGE LLC9ACI PINE RIDGE LLC
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5 - 3 - 101/09/2014
Planning Board Meeting
R-15
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Zoning LegendA-IARB-1B-2EDZDI-2 O&IPD
R-15R-20RASC
Incorporated AreasSHOD
CUDSee Section 59.4 of the Zoning Ordinance
COD
R-10
RFMUR-7R-20SCZD
I-1
S-617
1/9/2014
Applicant and Owner:
Case:
Review Board:
Planning Board
Special Use PermitRequest:
Notes:
S-617
Mixed Use Development
Date:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
Existing Zoning/Use: B-1
James A. Black Jr.
ACI Pine Ridge, LLC
1400 West Northwood St.Greensboro, NC 27408 5 - 4 - 101/09/2014
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