HomeMy WebLinkAboutDec 6 PB Packet
TELEPHONE (910) 798-7165 AX (910) 798-7053 �
�
�
�
�
�
�
� �
� �
�
�
� , AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager
�
� �
�
S-611, 12/12 Page 1 SPECIAL USE PERMIT S-611, 12/12: Request to expand the New Hanover County Landfill onto two adjacent parcels of land totaling 276.85 acres located within an I-2
Heavy Industrial District Request By: Joe Suleyman, Environmental Management Director Location: Parcel ID 320001-49-4731-000 located at 5200 US HWY 421 North (Parcel 1) 3.85 acres Parcel
ID 320104-70-6788-000 located at 5210 US HWY 421 North (Parcel 2) 273 acres Preliminary Staff Findings: 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. The subject parcels are located in the New Hanover County Fire Service District. B. Parcel
2 is partially located within the 100 year floodplain. C. The subject parcels will provide for future waste disposal from the same sources
generated as a result of the expansion and impacts on local traffic will
not be significantly different from that which is already experienced on in this area. The Average Daily Traffic (ADT) count for the nearest intersection located at US HWY 421 N and
Sutton Lake Road was estimated at 9,820 in 2011 and functions at a Level of Service (LOS) A, which indicates that little to no delay is currently occurring at the intersection. The traffic
impact worksheet submitted by the applicant estimates 52 AM peak hour trips and 42 PM peak hour trips which did not require the applicant to complete a Traffic Impact Analysis. AM trips
were calculated between 10 AM and 11 AM. PM trips were calculated between 12 PM and 1PM, 1 PM and 2 PM, and 2PM and 3 PM. D. Based on preliminary GIS maps, predominant resources on parcel
1 are identified as Longleaf Pine and Turkey Oak Woodland. Predominant resources on parcel 2 are identified as a combination of Longleaf Pine and Turkey Oak Woodland, Natural Ponds,
Swamp Forest and Pocosin with class IV soil. Further field determination is required; however, Natural Ponds, Swamp Forest and Pocosin (with c
Conservation Overlay District and may require performance controls in
areas where these resources are found. E. The landfill is considered a heavy industrial use and is located within an I-2 zoning district, which is an area set aside for heavy industry
in the County. The subject parcels are located adjacent to land zoned I-2 that is currently either
S-611, 12/12 Page 2 developed for the same particular use as that which is proposed or by other existing established industry. Staff Suggestion: The evidence in the record at this
time supports a finding that the use will not materially endanger the public health or safety where proposed 2. The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance. A. The applicant is proposing to expand the existing New Hanover County Landfill onto the subject parcels. The existing landfill site received a special use
permit in 1981 and operates in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as applicable under federal, state,
and local regulations. The new site will include the same requirements as already in place at the existing site, and the applicant has stated that it will operate in compliance with
these requirements. B. As required in Section 72-13 of the Zoning Ordinance, the applicant will provide, at a minimum,
e for any refuse, buildings or structures proposed on the subject parcels. In order to achieve the required setback from all property lines, the applicant proposes
to combine the two parcels into one. Staff Suggestion: The evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the
Zoning Ordinance. 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 subject
properties are located just south of the existing New Hanover County Landfill and are within an established I-2 Heavy Industrial district. The existing landfill has been operating at
its current location since 1981. B. The land uses to the south of the subject property were in place prior to the development of the original landfill in 1981 and are also industrial.
C. The area to the east is comprised of natural wetlands that extend to the Northeast Cape Fear River and falls within the 100 year floodplain. No operation or construction is proposed
in this area. 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.
S-611, 12/12 Page 3 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 2006 Joint CAMA Land Use Plan shows the land classification as Natural
Heritage Resource Protection on parcel 1 and a combination of Natural Heritage Resource Protection, Conservation and Transition on parcel 2. The applicable Natural Heritage Resource
Protection Area is the 421 Sand Ridge, a pivotal area connecting major ecosystems in southeastern NC located specifically in northern New Hanover and southern Pender County. The N.C.
Natural Heritage Program specifically identified a species of significantly rare grass, big three-awn grass (Aristida condensata) on the proposed site and has recommended further evaluation
of the extent of the species on the subject parcels. The applicant has contracted with an environmental consulting firm to conduct habitat studies that will more closely define the presence
of significant plant and animal species on the subject parcels. Once those areas have been identified, the applicant will, where possible, conserve the resource, and in other instances,
mitigate the resource either on the existing landfill site or in another comparable location. The area classified as Conservation is encompassed by the 100 year floodplain. The purpose
of the Conservation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources including the floodplain and estuarine
areas of environmental concern
will be preserved in its natural state. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary
urban services. B. The subject property is zoned I-2 Heavy Industry. The I-2 zoning district was established to set aside areas of the County for a full range of heavy industrial uses
where the industry can find suitable sites served by rail, waterway and highway transportation. The district was also established to protect nonindustrial districts situated outside
the district and minimize environmental impacts caused by the uses within the district. All adjacent properties are also zoned I-2 and include existing established industrial uses. Staff
Suggestion: The evidence in the record at this time supports a finding that the plan as submitted 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.
S-611, 12/12 Page 4 Summary: Staff feels all findings are positive; however, recommends the following conditions: 1. The applicant continue to work with the North Carolina Natural
Heritage Program to identify the extent of any significant plant or animal species on the subject properties and to protect these species when possible in dedicated natural areas or
to provide mitigation areas when species cannot be protected. 2. The applicant consults with the North Carolina Plant Conservation Program to determine the best mitigation strategy for
the subject parcels. 3. The combination of the two parcels to alleviate potential issues with the required 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
Approval with the following conditions: 1. The applicant continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species
on the subject properties and to protect these species when possible in dedicated natural areas or to provide mitigation areas when species cannot be protected. 2. The applicant consults
with the North Carolina Plant Conservation Program to determine the best mitigation strategy for the subject parcels. 3. The combination of the two parcels to alleviate potential issues
with the required
S-611, 12/12 Page 1 Case S-611 (12/12) Request to expand the New Hanover County Landfill onto two adjacent parcels of land totaling 276.85 acres located within an I-2 Heavy Industrial
District Petition Summary Data 5200 and 5210 HWY 421 North Owner/Petitioner: New Hanover County/Joe Suleyman, New Hanover County Environmental Management Director Existing Land Use:
I-2, Vacant Zoning History: Area 7, December 6, 1971 Land Classification: Parcel 1: Natural Heritage Resource Protection; Parcel 2: Natural Heritage Resource Protection, Conservation
and Transition Water Type: Well Sewer Type: Septic Recreation Area: Flemington Soccer Complex, Sutton Lake Boat Access Area (temporarily closed for renovation) Access & Traffic Volume:
The Average Daily Traffic (ADT) count for the nearest intersection located at US HWY 421 N and Sutton Lake Road was estimated at 9,820 in 2011 and functions at a Level of Service (LOS)
A, which indicates that little to no delay is currently occurring at the intersection. The traffic impact worksheet submitted estimates 52 AM peak hour trips and 42 PM peak hour trips
which did not require the applicant to complete a Traffic Impact Analysis. AM trips were calculated between 10 AM and 11 AM. PM trips were calculated between 12 PM and 1PM, 1 PM and
2 PM, and 2PM and 3 PM. Fire District: New Hanover County Fire Service District Watershed & Water Quality Classification: Cape Fear River (Class C, Swamp Waters SW) Aquifer Recharge
Area: Sandhill recharge area Conservation/Historic/Archaeological Resources: The N.C. Natural Heritage Program has identified a species of significantly rare grass, big three-awn grass
(Aristida condensata) on the proposed site; Preliminary maps also indicate the presence of Natural Ponds, Swamp Forest and Pocosin (with class IV soil) which �
�s Conservation Overlay District. Soils: Parcel 1: Kureb sand, Rimini sand; Parcel 2: Kureb sand, Rimini sand, Lakeland
sand, and Dorovan soils Septic Suitability: Kureb, Rimini and Lakeland are classified as Class I soils which are suitable with slight limitations for septic tanks; Dorovan is classified
as a Class IV soil which is unsuitable for septic tanks Schools: Wrightsboro Elementary School, Virgo Middle School, New Hanover High School
APPLICANT MATERIALS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 5210 U.S. HIGHWAY 421 NORTH 1 1 SITE MASTER PLAN NEW HANOVER COUNTY SECURE LANDFILL PROPOSED LANDFILL EXPANSION PERMIT DRAWINGS NEW HANOVER COUNTY
TechnicalReviewCommitteeReport:November,2012 The County’s Technical Review Committee met once in November. Projects reviewed included a performance
residential site plan revision to TarinWoods subdivision and a proposal to place two trafficcalmingdevicesinVillageParkatWestBayEstates.
TarinWoods(RevisedPerformancePlan) TarinWoodsislocatedinthesouthcentralportionofourjurisdictionbetweenBattleParksubdivisionto theeastandMyrtleG
roveRoadtothewest.Thedeveloperfortheprojectsubmittedarevisedsiteplan requestingtheredesignationoftheroadnetworkfrom“public”to“private”alongwith
anadjustment tothelocationofroadstubsfromthepreviousapprovedplan(July,’12).Thenumberofsinglefamily lotsproposed is130and remains
thesamefrom the lastapproved plan. Publicwaterandsewer will servetheproject. Ina vote of40, theTRC approved the modifications
to TarinWoods for130 lots. Conditions of plan approvalincluded: 1) ApplicableconditionsasstatedintheJuly18,2012TRCapprovalletterfortheproject,
2) AllroadstubsbeconstructedalongwiththeroadconnectiontoAmblesideDrive(SentryOaks subdivision)priortofinalplatapproval, 3) Constructionentranceswillbe�
�throughSentryOaksandBattleParksubdivisionsasstatedbythe developer, 4) Confirmationofwaterandsewercapacitytosustainthe130lotswillberequiredthrough�
�the CFPUAalongwithutilityadjustmentspriortofinalplatapproval, 5) Revisionstotheoriginalstormwateranderosioncontrolplanswillberequired,
6) Nogates,onstreetparking,oranyotherobstructionswillbeallowedonthestreets.Anoteon thetheplanwillberequired, 7) Severalfirehydrantsmayneedtob
erelocatedasdeterminedbyCountyFireServices,and 8) ApplicablePrivateRoadCertificateswillberequiredonboththepreliminaryandfinalplats.
VillageParkatWestBayEstates(TrafficCalmingDevices) VillagePark(akaWestsideVillage)atWestBayEstatesislocatednearthenortheasternportionofour
jurisdiction and near Ogden Park. The project was preliminarily approved by TRC in July 2010 for 74 singlefamilylotswithprivateroads.Inaccordancewith
Section411(7)(1)oftheCounty’sSubdivision Ordinance, the developer for the project requested that two traffic calming devices be placed on
CopperfieldCourtinanticipationofspeedingvehicles. In a vote of 40, the TRC approved two “table top” traffic calming devices in
accordance with the InstituteofTransportationEngineer(ITE)standardsandwiththefollowingconditions: 1) Allprivateroadcertificationsshallbeonthepreliminarya
ndfinalplats, 2) Nogatesorotherobstructionsshallbepermitted, 3) Road interconnectivity should be constructed between Farrington Farms and Suncoast
Drive priortofinalplatapproval, 4) Specific“tabletop”materialsandstripsbasedonITEspecificationsshallbeaddedtotheplan, 5) Devicesshallnotobstructwat
erfloworcreateponding.Deviceswillbeplacedatleast300feet apartandavoidresidentialdrivewaycuts,
6) HomeownerCovenantsshalladdressmaintenanceresponsibilitiesandfuturecosts.TheCounty willnotberesponsibleforlackofresponsetimeduetotheconstructionoft
hedevices. 7) Apostedspeedlimitof25mphwillbepostedonCopperfieldCourt. **ThelastTRCmeetingoftheyearisslatedforDecember12,2012.Severalit
emsmaybeonthe Agenda.**