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"@(5,!##" #$"($#<#( #"# ("(! $ "$"# $$ (#-""%&++03(2 ,2$ &+,*? " 01/09/2014 Planning Board Meeting ! ! ""#$ %& "! "! #$#%!& #"! ’$’%!"! ’()*)#+ ’,+- %$&(! ’()*)#+." ,/01$2,#3 "42,#35)56)557 +3." 4 7 +.)3 3 8%9* 4"65:-) 7 ,/& #$""#$ #$6 1 - 1 - 1 01/09/2014 Planning Board Meeting 6 ,8$6" 8$6 "#$#$6 1!))!*+*,! ’ ""6) 6;)"! <!-%$%,)$#*+*! -#$6 %& !"# $$! 0!.#!(/ 9"1< 9":;;+ ! 9$ 9"%& -"& 9"! 1 - 1 - 2 01/09/2014 Planning Board Meeting A-416 Page 1 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 1 - 2 - 1 01/09/2014 Planning Board Meeting A-416 Page 2 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 1 - 2 - 2 01/09/2014 Planning Board Meeting A-416 Page 3 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 1 - 2 - 3 01/09/2014 Planning Board Meeting A-416 Page 4 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 1 - 2 - 4 01/09/2014 Planning Board Meeting A-416 Page 5 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 1 - 2 - 5 01/09/2014 Planning Board Meeting A-416 Page 6 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 1 - 2 - 6 01/09/2014 Planning Board Meeting A-416 Page 7 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 1 - 2 - 7 01/09/2014 Planning Board Meeting A-416 Page 8 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 1 - 2 - 8 01/09/2014 Planning Board Meeting A-416 Page 9 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 1 - 2 - 9 01/09/2014 Planning Board Meeting A-416 Page 10 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 1 - 2 - 10 01/09/2014 Planning Board Meeting A-416 Page 11 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 01/09/2014 Planning Board Meeting 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 01/09/2014 Planning Board Meeting 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 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 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 01/09/2014 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 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Transportation, Communication, Utilities Recreational Vehicle and Boat Trailer Storage Lots 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 2 - 2 - 1 01/09/2014 Planning Board Meeting 2 - 2 - 2 01/09/2014 Planning Board Meeting 2 - 2 - 3 01/09/2014 Planning Board Meeting !"#$%&’(!) *+ %,$-"" ./")0%1)2! 3%$4$5!6’6 ")!%7 875%9$: ;75%< 0$ $%1 = $#71!%!))$7(>?(5 ;))$?(@"*;<;) ;)))$7>(?5! )$?(@"*; <%9A; 8)#8B! !%,C=@;8)")C=@;8 A++ $!!%9= ;!);5;D!%E;!F5)5D! <!))$%9 ;!%!!.!,,))!;!$!;! 3 - 1 - 1 01/09/2014 Planning Board Meeting !" #$%&#’()*&# + ,- . /.0#1&"2345466-66666 7 018"266-1)’8 &* ""998 .: !(",.# #$%&#&8(;9. "<&8.9"(."".&. .=&1)’8 &*0266, ""998>&.-6666>&..,+ )..(&9? 766-!(.&9.&2?9.9&9( 8$@(&2.)%7!(9.9.!(&2?9. )92(! #$%"&2?9.!0664 99.>&"8998.9989. 8&&2?9.99<".*,6)&2&*9. 7"8998..89.)( )8>&.&(!((8 3 - 2 - 1 01/09/2014 Planning Board Meeting 99866-.!("9 A<((: 7&2?99*.+.,- .?&& )=799*&.*9.!2) #$%# 998&8(=99( )..’()*&#7 &&((..*! #$%?"".&.. .&( . 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Orndorff BPM Associates #1, LLC 10815 Sikes Places, Suite 300Charlotte, NC 28277 Create single zoning for parcel 3 - 3 - 101/09/2014 Planning Board Meeting R-15 B-2 B-2 B-1 CDB-1 CDB-1 CD B-1 O&I O&I B-2 O&I CD B-1 CD R-10 CAROLINA BEACH RD SANDE R S R D SHILOH DR GRAND CHAMPION RD LEVIS LN LAVER DR RIVAGE PROMENA DE M OT T S V I LL A G E RD PRI VAT E MANASSAS D R TARIN RD GRANBY ST LYDDEN RD ROSA PARKS LN CHRISTA DR M OTT S FO RES T R D RI V ERWOODS D R LT CON G L ETON RD OTTER TAIL TRL RIDDICK CT BANDED TULIP DR LT CONGLETON DR FAYEMONT CT LINK W AY LN P ETITE CT CAROLINA BEACH RD PRIVATE PRIVATE PRIVATE 500 Feet ®HNC Zoning LegendA-IARB-1B-2EDZDI-2 O&IPD R-15R-20RASC Incorporated AreasSHOD CUDSee Section 59.4 of the Zoning Ordinance COD R-10 RFMUR-7R-20SCZD I-1 Z-929 1/9/2014 Applicant and Owner: Case: Review Board: Planning Board RezoningRequest: Notes: Z-929 Date: PLANNING & INSPECTIONSDirector: Chris O'Keefe Existing Zoning/Use: CD (B-1) & B-2Kenneth G. Orndorff BPM Associates #1, LLC 10815 Sikes Places, Suite 300Charlotte, NC 28277 Create single zoning for parcel 3 - 4 - 101/09/2014 Planning Board Meeting 3 - 5 - 1 01/09/2014 Planning Board Meeting 3 - 5 - 2 01/09/2014 Planning Board Meeting 3 - 5 - 3 01/09/2014 Planning Board Meeting 3 - 5 - 4 01/09/2014 Planning Board Meeting 3 - 5 - 5 01/09/2014 Planning Board Meeting 3 - 5 - 6 01/09/2014 Planning Board Meeting 3 - 5 - 7 01/09/2014 Planning Board Meeting 3 - 5 - 8 01/09/2014 Planning Board Meeting 3 - 5 - 9 01/09/2014 Planning Board Meeting 3 - 5 - 10 01/09/2014 Planning Board Meeting ! "!!##$#% &’()*+%#(,%-./. 0 1)2&3%-&& 24&#),1#%# ")(56(.-7.8-9*$:60$-7;78 &#)<!#1%( <=)$ =)$ ()*+%*##!>6(!#8-( !#> (’=,)(%=6(=8*$&##(, %0$?@A B-A;-&%%6&08 9:/ )C "%! <!#’<D )#6(3<<8-6(E0<8 %1"1 (!)*!$=!>#(3<< #$)F!6F08G%)#1< #68G%)< &"%#6&8G%)< #68G%)< <>#GB6<8G! =!&#6=8G%)<1# &#6&8G%)< =#*!6=*8G%)<1# #G;68G! #"H#()!##I-(2-,2# !)2-*+%*##-(!"! 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 0 104 96 113 6 102 101 118 109 103 9 119 95 49 5 117 115 7 107 108 62 4 2 12 1 3 116 8 110 19 39 91 89 27 88 65 16 92 90 14 30 25 78 22 42 112 44 38 114 26 98 73 79 5370 87 84 31 35 47 13 11 10 86 75 80 74 85 66 4129 17 43 40 46 120 56 3771 50 18 61 82 32 34 54 15 55 67 48 57 94 60 93 81 76 20 24 28 83 68 58 59 33 51 52 77 2369 21 36 64 63 100 72 105 106 97111 99 45 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 TE 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 R N 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 CUDSee Section 59.4 of the Zoning Ordinance COD R-10 RFMUR-7R-20SCZD I-1 1,000 Feet ®HNC 4 - 4 - 101/09/2014 Planning Board Meeting 4 - 5 - 1 01/09/2014 Planning Board Meeting 4 - 5 - 2 01/09/2014 Planning Board Meeting 4 - 5 - 3 01/09/2014 Planning Board Meeting 4 - 5 - 4 01/09/2014 Planning Board Meeting 4 - 5 - 5 01/09/2014 Planning Board Meeting 4 - 6 - 1 01/09/2014 Planning Board Meeting 4 - 6 - 2 01/09/2014 Planning Board Meeting 4 - 6 - 3 01/09/2014 Planning Board Meeting 4 - 6 - 4 01/09/2014 Planning Board Meeting !""#$%&’( $)*+,- .&/! 0($0 1!2/ ’3! 4563*$,*78$ 9563:$,*78 0!;/< ;<3!= &<3!= !.# <2! 3<5 <8>#?3? =% />37-)&)@$44*$ 5.8AB+ C!"&’03"? ;?;D3 0!E&;?50C8$50F&8 0/’/ ?! 37:& =3!3’C538G!; 58G!; >C5>8G!;/C G:58G? C’H !" ?!13$’3?>$3’? 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 5 - 2 - 1 01/09/2014 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. 5 - 2 - 2 01/09/2014 Planning Board Meeting 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. 5 - 2 - 3 01/09/2014 Planning Board Meeting 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). 5 - 2 - 4 01/09/2014 Planning Board Meeting 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 5 - 2 - 5 01/09/2014 Planning Board Meeting 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: 5 - 2 - 6 01/09/2014 Planning Board Meeting 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. 5 - 2 - 7 01/09/2014 Planning Board Meeting 0 4 13 14 12 5 21 1 15 19 17 8 7 16 9 6 3 2 18 11 10 18 20 I- 140 W I- 140 E MARKET ST C H A BLI S W AY P RI VA TE F U TC H CR EE K R D P O RT E RS N EC K R D PLANTATION RD TIB BY S D R WI N E RY W A Y BRAYS DR STE PH EN S CH U RC H R D RED C O CKADED CT JAD EWOOD DR G R A YS O N PA RK D R PL AN TA TI O N LA N DIN G D R T U SC A N W AY B ELLA S ER A WAY H A Y S L N LA DY B U G L N CY PR ES S P O N D W A Y TREASURE LN L ILLY POND L N S H A C K LE F O R D D R Y EA R LI N G LN ROSEMA RY LN C O CON UT CT BI S ON CT KR YS T A L P O N D D R MAR K ET S T P RI V AT E PRIVATE PRIVATE PR IV AT E PRIVATE PRIV ATE PR IVATE 500 Feet Parcels within 500 Feet of Case Site R-15 B-2 B-1 I-1 O&I I-140 E I-140 WPR IVA TE MARKET ST PLANTATION RD P O RT ER S NE C K R D BRAYS D R H A Y S L N CY P R ES S P O N D W AY LI LLY PO N D LN PRIVATE PRIV AT E P RIVATE MARKET ST Zoning Neighboring Parcels !!! !!!!!!!! !! !!!!!!!!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 10ACI PINE RIDGE LLC11ACI PINE RIDGE LLC12ACI PINE RIDGE LLC13ACPR LEASEHOLD LLC14PORTERS NECK CENTER INC15LEE WAIN HOU16THOMPSON DICK J17THOMPSON DICK J18HARRELL ROY DANNY19THOMPSON DICK J20ACI PORTERS NECK LLC21ISBELL DAVID L JUANITA CS-617 5 - 3 - 101/09/2014 Planning Board Meeting R-15 B-2 B-1 I-1 B-2 B-2 CD B-2 B-1 R-20 B-1 O&I O&I B-1 CD O&I B-1 CD I-14 0 E I-14 0 W PRIV AT E MA R KET ST P O RT ER S N E CK R D C H A BLIS W AY TIB BY S D R PLANTATION RD BR A YS DR FU TC H C RE EK R D F U RTAD O DR LANT A N A LN H A Y S L N LA D Y B U G LN C Y P R E SS P O N D W A Y TREASURE LN L ILLY PO N D LN BEDD O ES D R Y E ARLI N G L N V O WE L AVE B I S ON CT P RIV AT E PRIVAT E P RI V AT E PRIVATE PRIVA TE P RI V A T E MA RK ET S T 500 Feet ®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 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 Planning Board Meeting 5 - 5 - 101/09/2014 Planning Board Meeting 5 - 6 - 1 01/09/2014 Planning Board Meeting 5 - 6 - 2 01/09/2014 Planning Board Meeting 5 - 6 - 3 01/09/2014 Planning Board Meeting 5 - 6 - 4 01/09/2014 Planning Board Meeting 5 - 7 - 101/09/2014 Planning Board Meeting 5 - 8 - 101/09/2014 Planning Board Meeting 5 - 9 - 101/09/2014 Planning Board Meeting 5 - 1 - 101/09/2014 Planning Board Meeting 5 - 1 - 201/09/2014 Planning Board Meeting 5 - 1 - 301/09/2014 Planning Board Meeting 5 - 1 - 401/09/2014 Planning Board Meeting 5 - 1 - 501/09/2014 Planning Board Meeting 5 - 1 - 601/09/2014 Planning Board Meeting