The URL can be used to link to this page

Home My WebLink About2016-08-04 August 4 2016 PB Agenda PackageAGENDA NEW HANOVER COUNTY PLANNING BOARD New Hanover County Historic Courthouse 24 North Third Street, Assembly Room 301 Wilmington, NC DONNA GIRARDOT, CHAIRMAN PAUL D. BONEY, BOARD MEMBER - ERNEST OLDS, BOARD MEMBER THOMAS " THOMAS "JORDY" RAWL, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III, BOARD MEMBER H. ALLEN POPE, BOARD MEMBER - DAVID WEAVER, BOARD MEMBER CHRIS O'KEEFE, PLANNING & INSPECTIONS DIRECTOR - KENNETH VAFIER, PLANNING MANAGER MEETING CALLED TO ORDER (Chairman Donna Girardot) PLEDGE OF ALLEGIANCE (Ken Vafier) APPROVAL OF MINUTES REGULAR ITEMS OF BUSINESS The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. 1Public Hearing Special Use Permit Request (S-632, 8/16) – Request by Design Solutions, applicant, on behalf of the property owner, Invista S.A.R.L, for a special use permit for a high intensity mining operation on a 80.4 acre parcel located near the 200 block of Sutton Lake Road. TECHNICAL REVIEW COMMITTEE REPORT 1TRC Report For July 2016 OTHER ITEMS 1Other Business: 1. Consideration of Date Change for September Meeting Planning Board - August 4, 2016 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: August 4, 2016 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor SUBJECT: Public Hearing Special Use Permit Request (S-632, 8/16) – Request by Design Solutions, applicant, on behalf of the property owner, Invista S.A.R.L, for a special use permit for a high intensity mining operation on an 80.4 acre parcel located near the 200 block of Sutton Lake Road. BRIEF SUMMARY: The site and surrounding area is zoned I-2, Heavy Industrial. The 421 corridor was zoned I-2 when zoning was originally applied to this area in 1971. There are many existing industrial uses in the area including the Duke Energy Sutton Steam Plant, S.T. Wooten Asphalt Plant, and Ticona/Fortron Industries. Adjoining the property to the south is an existing mining operation, which this application proposes to expand. That mining operation was originally permitted in 2006 and was later expanded in 2012 under the County’s nonconforming standards. To the east, the property abuts the Seaboard Coastline railroad. Due to the very low trip generation that would be realized from the proposed use, a Traffic Impact Analysis (TIA) was not required. The property is classified as Natural Heritage Resource Protection by the 2006 CAMA Land Use Plan. This class is located predominately in the northwest corner of the County with small segments scattered elsewhere. These are areas identified by the North Carolina Natural Heritage Program as generally unique habitats that warrant special attention and protection. The threat to these areas is loss of habitat or fragmentation of habitat that may be crucial to a particular natural community identified as important. The focus of strategies for this subclass is to better identify these areas and develop specific protection strategies. The applicant is currently performing an environmental survey of the property to determine the mining operation’s impact on the Natural Heritage Area. The survey is expected to be completed by the Planning Board meeting. Until reviewing the survey, staff cannot make a determination regarding the application’s consistency with the 2006 Land Use Plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs ITEM: 1 Planning Board - August 4, 2016 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff has conducted an analysis of the proposed use and the information provided as part of the application, and concludes that the applicant has not, at this time, demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Ordinance. Additional information is needed that the proposal is consistent with the fourth finding, specifically that it will be consistent with the development strategies of the Natural Heritage Area classification of the 2006 CAMA Land Use Plan. The applicant is aware of this issue and is currently performing an environmental survey of the property. The survey is expected to be completed by the Planning Board meeting. 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 recommend denial based on specific findings in any of the 4 categories, 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. Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a Special Use Permit to develop a high intensity mining operation: 1.Will not materially endanger the public health or safety; 2.Meets all required conditions and specifications of the Zoning Ordinance; 3.Will not substantially injure the value of adjoining or abutting property; and 4.Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Staff suggested condition(s): 1.A 20 foot access easement shall be dedicated to the County along the eastern property line, which abuts the Seaboard Coastline Railroad right-of-way, for the purposes of installing a future pedestrian facility in accordance with the Wilmington/New Hanover County Greenway Plan. Example Motion for Denial: Motion to recommend denial, as the Planning Board cannot find that this application for a Special Use Permit to develop a high intensity mining operation: [State the finding(s) that the application does not meet and include reasons to why it is not being met] 1.Will not materially endanger the public health or safety; 2.Meets all required conditions and specifications of the Zoning Ordinance; 3.Will not substantially injure the value of adjoining or abutting property; 4.Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. ATTACHMENTS: S-632 Script for PB ITEM: 1 Planning Board - August 4, 2016 S-632 Petition Summary S-632 Staff Summary PB Natural Heritage Inventory S-632 Neighbor Properties Map S-632 Zoning Map S-632 CAMA Map S-632 Water-Sewer Map Applicant Materials Cover Page Proposed Site Plan Cover Page S-632 Proposed Site Plan S-632 Application ITEM: 1 Planning Board - August 4, 2016 SCRIPT FOR Special Use Permit Application (S-632, 8/16) Request by Design Solutions, applicant, on behalf of the property owner, Invista S.A.R.L, for a special use permit for a high intensity mining operation on an 80.4 acre parcel located near the 200 block of Sutton Lake Road. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board discussion 5. A Special Use Permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Planning Director. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 6. Ask Applicant whether he/she agrees with staff findings and any proposed conditions. 7. Vote on the special use permit application. Motion to recommend approval of the application - All findings are positive. Motion to recommend approval of the application, subject to conditions specified below: (State Conditions) ____________________________________________________________________ ____________________________________________________________________ Motion to recommend denial of the application because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: _________________________________________________________________ _________________________________________________________________ b. That the use meets all required condition and specifications: _________________________________________________________________ _________________________________________________________________ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: - 1 - 1ITEM: 1 Planning Board - August 4, 2016 _________________________________________________________________ _________________________________________________________________ d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ - 1 - 2ITEM: 1 Planning Board - August 4, 2016 S-632, 8/16 Page 1 of 1 Case S-632, (8/16) Special Use Permit to develop/expand a high intensity mining operation. Petition Summary Data Parcel Location & Acreage: 230 Block of Sutton Lake Road Petitioner/Owner: Cindee Wolf, Design Solutions (Applicant) Invista S.A.R.L (Owner) Existing Land Use: Undeveloped Zoning History: December 6, 1971 - Initially zoned I-2 via Area 7 Land Classification: Natural Heritage Resource Protection Water Type: n/a Sewer Type: n/a Recreation Area: Cape Fear Soccerplex Access: Sutton Lake Road, Hwy 421 Fire District: New Hanover County North Watershed & Water Quality Classification: Cape Fear River (C;Sw) Conservation/Historic/ Archaeological Resources: The property is located within a Natural Heritage Area. There is potential of animal and plant areas of special significance on the property. Soils and Septic Suitability: Lakeland Sand (La) – Class I: Suitable/Slight Limitation Rimini Sand (Rm) – Class I: Suitbale/Slight Limitation Kureb Sand (Kr) – Class I: Suitable/Slight Limitation Leon Sand (Le) – Class III: Severe Limitation Schools: Wrightsboro Elementary, Eaton Elmentary, Virgo Preparatory Academy, New Hanover High - 2 - 1ITEM: 1 Planning Board - August 4, 2016 S-632 (8/16) Page 1 of 9 SPECIAL USE PERMIT APPLICATION CASE: S-632 PETITIONER: Cindee Wolf, Design Solutions REQUEST: Special Use Permit to develop/expand a high intensity mining operation in an I-2, Heavy Industrial district ACREAGE: 80.4 acres LOCATION: 200 block of Sutton Lake Road PID: R02400-001-001-000 2006 CAMA LAND CLASS: Natural Heritage Resource Protection 2016 COMPREHENSIVE LAND USE PLAN PLACE TYPE: Commerce EXISTING CONDITIONS: Existing Zoning and Land Uses The site and surrounding area is zoned I-2, Heavy Industrial. The 421 corridor was zoned I-2 when zoning was originally applied to this area in 1971. There are many existing industrial uses in the area including the Duke Energy Sutton Steam Plant, S.T. Wooten Asphalt Plant, and Ticona/Fortron Industries. Adjoining the property to the south is an existing mining operation, which this application proposes to expand. That mining operation was originally permitted in 2006 and was later expanded in 2012 under the County’s nonconforming standards. To the east, the property abuts the Seaboard Coastline railroad. - 3 - 1ITEM: 1 Planning Board - August 4, 2016 S-632 (8/16) Page 2 of 9 Existing Site Conditions The subject property includes an 80.4 acre portion of 1,044 acre parcel, which includes a large industrial development (Ticona/Fortron Industries) on the east side of Highway 421. The property is currently undeveloped and has two 100 foot wide Duke Power easements crossing it. Conservation, Historic, and Archaeological Resources The subject property has been identified as a Significant Natural Heritage Area, 421 Sand Ridge, by the NC Natural Heritage Program, and may contain rare plant and animal species habitat. Specifically, ten rare plants and four rare animals have been identified as being unique to this area. Significant Natural Heritage Areas with 10 or more significant elements are given a collective ranking of “exceptional”, which is the highest ranking in this category. The applicant is currently performing an environmental survey of the property to determine the mining operation’s impact on the Natural Heritage Area. The survey is expected to be completed by the Planning Board meeting. STAFF POSITION: Zoning Ordinance Considerations The I-2, Heavy Industrial, district provides areas for a full range of manufacturing, fabrication, assembly, warehousing, and distribution uses associated with heavy industrial land uses where heavy industry can find suitable sites served by rail, waterway and highway transportation. The district also seeks to protect non-industrial uses located outside the district and to minimize environmental impacts caused by the uses within the district. A conceptual site plan is included as part of the application. If this application is approved, the property must be developed in accordance with the site plan. Further, the proposed development must also go through the County’s building permit/site plan review process. As currently shown, the site plan complies with the standards of the Zoning Ordinance, include the specific use standards for high intensity mining operations. - 3 - 2ITEM: 1 Planning Board - August 4, 2016 S-632 (8/16) Page 3 of 9 Conceptual Site Plan Traffic The applicant has stated the purpose of the mine is to serve the adjacent and existing asphalt plant, and for filling a Duke Power coal ash pond; therefore the applicant expects that the traffic will not exceed the amounts currently generated by the existing mining operation. The mining operation anticipates a maximum of 60-80 trucks to be loaded over the course of an 8 to 12 hour day (seasonal daylight). As the operation will not generate 100 peak hour trips, a Traffic Impact Analysis (TIA) was not completed for the proposed use. In 2015, the Wilmington Metropolitan Planning Organization conducted a traffic count at the 2900 block of Highway 421, south of the proposed mine between Sutton Steam Plant Road and Fleming Street. The count found a daily trip volume of 24,543. The Highway has a capacity of 59,800 trips which equates to a Level of Service (LOS) of “B” when using the volume to capacity ratio. Environmental As previously mentioned, the property is located within a Significant Natural Heritage Area and may contain rare plant and animal species habitat. If found on site, development strategies for land within a Significant Natural Heritage Area should reduce the loss of habitat or fragmentation of habitat that may be crucial to an important species. - 3 - 3ITEM: 1 Planning Board - August 4, 2016 S-632 (8/16) Page 4 of 9 The property does not contain any Special Flood Hazard Areas. Based on the Soil Survey of New Hanover County, the soils on the property are Lakeland Sand (Class I), Rimini Sand (Class I), Kureb Sand (Class I), and Leon Sand (Class III). 2006 CAMA Land Use Plan Considerations The property is classified as Natural Heritage Resource Protection by the 2006 CAMA Land Use Plan. This class is located predominately in the northwest corner of the County with small segments scattered elsewhere. These are areas identified by the North Carolina Natural Heritage Program as generally unique habitats that warrant special attention and protection. The threat to these areas is loss of habitat or fragmentation of habitat that may be crucial to a particular natural community identified as important. The focus of strategies for this subclass is to better identify these areas and develop specific protection strategies. The applicant is currently performing an environmental survey of the property to determine the mining operation’s impact on the Natural Heritage Area. The survey is expected to be completed by the Planning Board meeting. Until reviewing the survey, staff cannot make a determination regarding the application’s consistency with the 2006 Land Use Plan. 2016 Comprehensive Land Use Plan Considerations The property is classified as Commerce Zone by the 2016 Comprehensive Land Use Plan. These areas serve as employment and production hubs, predominantly composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed. Densities are dependent in part of the type of industry; some industrial uses will likely be one story with large setbacks and ample room for trucks and other large vehicles. Offices uses can be multi-story and nearer the street, while office buildings can be two or three stories and closer to the street. Commerce Zones, unlike Employment Centers, do not allow residential uses. Commerce Zones require arterial or major collector road access connecting them to outside their boundaries. - 3 - 4ITEM: 1 Planning Board - August 4, 2016 S-632 (8/16) Page 5 of 9 Relevant Goals, Strategies and Guidelines of the Comprehensive Plan: Goal I: Promote a strong diverse economy and high quality growth. (Desired Outcome: A vibrant economy for New Hanover County based on business success.) Guideline I.A.1. Encourage target industries in Employment Centers, Commerce Zones, and Growth Nodes. Goal IX: Promote environmentally responsible growth. (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources.) The proposed application is consistent with the future land use map and meets the intent of the Commerce Zone place type. Heavy industrial uses, including high intensity mining operations, are appropriate within this place type. GENERAL INFORMATION REGARDING SPECIAL USE PERMITS: Special use permits add flexibility to the Zoning Ordinance. Subject to high standards of planning and design, certain property uses may be allowed in the several districts where these uses would not otherwise be acceptable. By means of controls exercised through the special use permit procedures, property uses which would otherwise be undesirable in certain districts can be developed to minimize any bad effects they might have on surrounding properties. Any use or development designated by applicable zoning district regulations as a special use, or as allowed only pursuant to a special use permit, may be established in that district only after the use or development is authorized by a validly issued special use permit. The applicant bears the burden of presenting sufficient evidence in support of the application to allow the Planning Board, after weighing such evidence against that presented in opposition to the application, to - 3 - 5ITEM: 1 Planning Board - August 4, 2016 S-632 (8/16) Page 6 of 9 make findings of fact that reasonably support each of the required conclusions. If that burden is met, the Planning Board should recommend to the Board of Commissioners to approve the application. If that burden is not met, the Planning Board should recommend denial of the application, provided that if the Board determines that specific minor changes or additions to, or restrictions on, the proposed development are necessary and sufficient to overcome impediments to its reaching the required conclusions, it may approve the application subject to reasonable conditions requiring such changes or additions or imposing such restrictions. Such conditions may include time limits for completion of development or for the start or end of certain uses or activities. The Planning Board may continue the hearing to a later meeting to accommodate additional witnesses or the presentation of additional testimony or evidence. If the time and place of the continued hearing is announced in open session during the hearing, no further notice need be given for the continued hearing. A motion to recommend approval of the application must state the required conclusions and include findings of fact on which the conclusions are based, plus any proposed conditions of approval. The favorable vote of the majority of the Planning Board present is necessary to pass such a motion. A motion to recommend denial of the application must state which of the required conclusions cannot be reached and include findings of fact on which the inability to reach the conclusions is based. The favorable vote of a majority of the Planning Board members present is necessary to pass such a motion. Upon receiving the recommendations of the Planning Board and holding a public hearing, the Board of Commissioners may grant or deny the special use permit request. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the August 4, 2016 Planning Board meeting. 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. The mining operation must obtain a mining permit from the State which includes review by several state and federal agencies including the U.S. Fish & Wildlife Service, Wildlife Resource Commission, and the Divisions of Air Quality and Water Quality within the N.C. Department of Environmental Quality. B. The subject property is located in the New Hanover County North Fire Service District. C. Access to the site will be provided by a two 20 foot haul roads which connect to Sutton Lake Road (SR 2145) and Highway 421. 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. - 3 - 6ITEM: 1 Planning Board - August 4, 2016 S-632 (8/16) Page 7 of 9 Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. High intensity mining is allowed by Special Use Permit in the I-2 zoning district. B. The site and proposed location of the high intensity mining operation complies with the requirements of the I-2 zoning district and the specific use standards for high intensity mining operations listed in Section 72-42. 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 high intensity mine is expanding an existing mining operation. B. The surrounding area is zoned I-2, Heavy Industrial, a district that allows for high intensity and heavy industrial uses. 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 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the area proposed for the high intensity mining operation as Natural Heritage Area, which identifies areas as generally unique habitats that warrant special attention and protection. The focus of this classification is to better identify and develop specific protection strategies that help reduce the loss the habitat or fragmentation of habitat that may be crucial to a particular natural community identified as important. B. The application did not include any information or documentation that the proposed high intensity mine would be consistent with the development strategies of the Natural Heritage Area classification. Staff Suggestion: Evidence in the record at this time does not support a finding that the use is general conformity with the plan of development for New Hanover County, however additional evidence may be provided at the Planning Board meeting. - 3 - 7ITEM: 1 Planning Board - August 4, 2016 S-632 (8/16) Page 8 of 9 SUMMARY Staff concludes that the applicant has not, at this time, demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Ordinance. Additional information is needed that the proposal is consistent with the fourth finding, specifically that it will be consistent with the development strategies of the Natural Heritage Area classification of the 2006 CAMA Land Use Plan. The applicant is aware of this issue and is currently performing an environmental survey of the property. The survey is expected to be completed by the Planning Board meeting. 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 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. Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a Special Use Permit to develop a high intensity mining operation: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Staff suggested condition(s): 1. A 20 foot access easement shall be dedicated to the County along the eastern property line, which abuts the Seaboard Coastline Railroad right-of-way, for the purposes of installing a future pedestrian facility in accordance with the Wilmington/New Hanover County Greenway Plan. - 3 - 8ITEM: 1 Planning Board - August 4, 2016 S-632 (8/16) Page 9 of 9 Example Motion for Denial: Motion to recommend denial, as the Planning Board cannot find that this application for a Special Use Permit to develop a high intensity mining operation: [State the finding(s) that the application does not meet and include reasons to why it is not being met] 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. - 3 - 9ITEM: 1 Planning Board - August 4, 2016 - 4 - 1ITEM: 1 Planning Board - August 4, 2016 63 New Hanover County Natural Area Inventory 421 SAND RIDGE Significant Natural Heritage Area Site significance: state Size: 7966 acres: 7071 acres within primary boundary (2029 in New Hanover County), 895 acres in secondary boundary (341 in New Hanover County) Quadrangles: Castle Hayne, Currie, Leland Ownership: New Hanover Co., private SIGNIFICANT FEATURES: 421 Sand Ridge is one of the best formed and largest of the aeolian sand ridges associated with the Coastal Plain terraces east and northeast of the Cape Fear River south from Cumberland County. Although fragmented by industrial development, primarily in New Hanover County, the site continues to support extensive natural habitat with eight community types or variants, including the rare Cypress Savanna. Ten rare plants and four rare animals have been identified from the site. Among the rare plants is the Federally and State Endangered rough-leaf loosestrife (Lysimachia asperulifolia), and four Federal Species of Concern: Sandhills milkvetch (Astragalus michauxii),Venus flytrap (Dionaea muscipula), Carolina goldenrod (Solidago pulchra), and Pickering’s dawnflower (Stylisma pickeringii var. pickeringii). Among the rare animals are the Federally and State Endangered red-cockaded woodpecker (Picoides borealis), and Federal Species of Concern southern hognose snake (Heterodon simus). LANDSCAPE RELATIONSHIPS: This site is located in northern New Hanover County and southern Pender County on the long north/south sand ridge between the lower reaches of the Northeast Cape Fear River on the east and Black River and Cape Fear River on the west. It extends southward from near Bear Branch in Pender County to just north of the confluence of Cape Fear and Northeast Cape Fear rivers in New Hanover County. Bio-geographically, it is a pivotal area connecting major ecosystems in southeastern North Carolina. It is directly connected eastward to the Northeast Cape Fear River Floodplain natural area, and from there to the Camp Lejeune/Holly Shelter Megasite extending east into Onslow County. To the west it is directly connected to the Black River Floodplain Macrosite, and from there to Bladen Lakes Natural Areas Megasite extending northward into Bladen, Sampson, and Cumberland counties. Southward it is directly connected to Brunswick River/Cape Fear River Marshes natural area in New Hanover and Brunswick counties. Within the natural area, the primary boundary includes habitat in good natural condition and/or with other exceptional biological values, while the secondary boundary includes areas of lesser natural value, but which buffer primary habitat and/or have good restoration potential. SITE DESCRIPTION: 421 Sand Ridge is characterized by rolling sandhills interspersed with numerous irregular, elliptical, and nearly round depressions, including examples of the Carolina bay geomorphic feature. The uplands support four longleaf pine ecosystem communities: Wet Pine Flatwoods Wet Spodosol Variant, and Xeric Sandhill Scrub Sand Barren, Coastal Plain, and Coastal Fringe variants. (The rare Coastal Fringe Sandhill community, formerly occurring in the southern portion of this site, has been destroyed by logging.) Dry-Mesic Oak–Hickory Forest occurs on slopes above Fishing Creek, where fire appears to have been rare naturally. Depressions that - 4 - 2ITEM: 1 Planning Board - August 4, 2016 64 intersect the water table support three wetland community types: Cypress Savanna, Small Depression Pocosin, and Vernal Pool. A few wet depressions have permanent aquatic zones and belong to the Small Depression Pond community but have been disturbed by logging, nutrient input, and other impacts. Wet Pine Flatwoods Wet Spodosol Variant occurs on wet sandy soil that tends to dry out in the latter stages of the growing season. It is found on low flats within and adjacent to sandhill habitat at 421 Sand Ridge. Longleaf pine (Pinus palustris) is the canopy dominant, with pond pine (P. serotina) locally prominent. The shrub layer is patchy to moderate, with dwarf huckleberry (Gaylussacia dumosa) dominant, and staggerbush (Lyonia mariana), inkberry (Ilex glabra), and a St. John’s-wort (Hypericum reductum) forming patches. The ground layer is moderate to moderately dense with Carolina wiregrass (Aristida stricta) dominant, creeping blueberry (Vaccinium crassifolium) subdominant to co-dominant, and the uncommon southern bogbutton (Lachnocaulon beyrichianum) locally prominent. Xeric Sandhill Scrub Sand Barren Variant occurs on the driest and most excessively drained sand ridges. The canopy is sparse to moderately open, and exclusively dominated by small longleaf pine trees typically 35-45 feet high, with the moderate to moderately dense understory dominated by small turkey oaks (Quercus laevis) 10-15 feet high. Carolina October-flower (Polygonella polygama var. croomii) is prominent in the sparse to patchy shrub layer, with Carolina wiregrass prominent in the sparse ground layer, where reindeer lichen (Cladonia sp.) forms patches. This community variant does not appear to burn frequently naturally, likely due to the sparseness of the ground vegetation. The openness of the various stratal layers is apparently due to the extreme dryness. The occurrence of this community in the New Hanover County portion of the site has been destroyed by logging, but the community persists in the Pender County portion. Dry but not as excessively drained sandhill areas support Xeric Sandhill Scrub Coastal Plain Variant, the dominant community type over much of the site. Conditions are variable, depending on soil moisture, and fire and logging history. Canopy density varies from sparse to moderately dense, with longleaf pine dominant. The oak understory is moderate to moderately dense, with turkey oak dominant. The shrub and ground layers are sparse to patchy, in some areas due to litter accumulation and increased understory density due to lack of fire, and in other areas apparently due to pinestraw raking. Dwarf huckleberry and seedling longleaf pine are patch dominants in the shrub layer, with Carolina wiregrass and little bluestem (Schizachyrium scoparium) prominent in the sparse ground layer. A small sandhill area near the southern end of the sand ridge in New Hanover County supports the uncommon Xeric Sandhill Scrub Coastal Fringe Variant community. It also occurs on very dry soil, but contains some species primarily found along the coast, such as sand live oak (Quercus geminata) and sandhill beaksedge (Rhynchospora megalocarpa). Like other sandhill sites in the region, the open to patchy canopy is dominated by longleaf pine with turkey oak forming a moderately dense to moderate understory. Sand live oak and sand laurel oak (Q. hemisphaerica) are also found in the understory. Reindeer lichen is dominant in the open to patchy ground layer, with little bluestem - 4 - 3ITEM: 1 Planning Board - August 4, 2016 65 prominent. This community contains two very rare plants, Florida scrub frostweed (Helianthemum nashii) and Pickering’s dawnflower, plus the rare southern hognose snake. Dry-Mesic Oak–Hickory Forest occurs on bluffs and slopes above the floodplain of the Northeast Cape Fear River and Fishing Creek along the east side of the site. This community type is restricted to areas naturally protected from fire by the floodplain slopes. The canopy is dominated by sand laurel oak, with mockernut hickory (Carya alba) prominent. The understory is diverse, with common pawpaw (Asimina triloba), wild olive (Osmanthus americanus), witch-hazel (Hamamelis virginiana), American holly (Ilex opaca), and farkleberry (Vaccinium arboreum) prominent. This community is bordered by Xeric Sandhill Scrub at the slope summit (where not cleared), and by marsh and swamp habitat at the slope base. A small Carolina bay in the Pender County portion of the site supports the rare Cypress Savanna community. Carolina bays are elliptical wetland basins surrounded by arcuate, usually dry sand ridges called bay rims. Cypress Savannas, especially rare on the outer Coastal Plain, occur in depressions that are shallowly flooded for much of the year, but tend to be exposed during at least the latter part of the growing season. They are characterized by an open canopy of pond-cypress (Taxodium ascendens), swamp tupelo (Nyssa biflora), and swamp red maple (Acer rubrum var. trilobum) over an herbaceous ground layer. Dominant herbs include maidencane (Panicum hemitomon), redroot (Lachnanthes caroliana), and Virginia chainfern (Woodwardia virginica). Other prominent herbs include soft-headed pipewort (Eriocaulon compressum) and witch grasses (Dichanthelium spp.). This community formerly occurred in a depression near the southern end of the site in New Hanover County, but was severely impacted by logging. Small isolated basins that intersect the water table support either the Small Depression Pocosin or Vernal Pool communities. Small Depression Pocosin occurs on saturated peats in isolated basins within the sandhill communities. It is characterized by an open canopy over a dense shrub layer. Pond pine is the canopy dominant, with fetterbush (Lyonia lucida) dominant and southern highbush blueberry (Vaccinium formosum) and staggerbush abundant. The Vernal Pool community occurs in small depressions that typically flood in winter and spring and dry out by summer. This produces ideal breeding conditions for amphibians. The seasonal pool typically is dominated by such grasses as switchcane (Panicum virgatum) and white bluestem (Andropogon capillipes). Swamp tupelo and swamp red maple are present at some pools. 421 Sand Ridge is an important wildlife area. The majority of habitat is dry sandhill with an open canopy, moderate understory, and sparse to patchy shrub and ground layers. Several small isolated depressions contain wetlands. These conditions provide home and foraging habitat for many animal species, including critical habitat for populations of the Federally and State Endangered red- cockaded woodpecker. However, extensive logging in the 1980s eliminated much habitat for this species in this area. The sandhill understory oaks provide mast for game animals, and the isolated depressions provide potential amphibian breeding sites. However, habitat has become increasingly segmented and isolated over time due primarily to industrial development, largely in New Hanover County. Such fragmentation can seriously impact several groups of animals. - 4 - 4ITEM: 1 Planning Board - August 4, 2016 66 MANAGEMENT AND PROTECTION: Natural habitat in 421 Sand Ridge has experienced a considerable reduction in recent years, especially in New Hanover County. Much habitat has been eliminated by industrial development and for county infrastructure (e.g., a 400-acre landfill). Large areas in the New Hanover County portion of the site have been logged in recent years, with considerable surface impact. Remaining habitat has become increasingly fragmented, and variously impacted by fire suppression (throughout) and pinestraw raking (local). Portions of remnant native ground layers in powerline corridors have been replaced by large food plots. The US 17 Wilmington Bypass is scheduled to cross this site, adding to the reduction and fragmentation of remaining natural habitat. Management efforts should focus on restoring natural processes such as fire, while protection efforts should seek to preserve large areas of intact or easily restorable natural habitat. NATURAL COMMUNITIES: Cypress Savanna*, Dry-Mesic Oak–Hickory Forest, Small Depression Pocosin*, Vernal Pool, Wet Pine Flatwoods Wet Spodosol Variant, Xeric Sandhill Scrub Coastal Fringe Variant, Xeric Sandhill Scrub Coastal Plain Variant, Xeric Sandhill Scrub Sand Barren Variant*. RARE PLANTS: Sandhills milkvetch (Astragalus michauxii), Venus flytrap (Dionaea muscipula)*, Robbin’s spikerush (Eleocharis robbinsii), Florida scrub frostweed (Helianthemum nashii), roughleaf loosestrife (Lysimachia asperulifolia)*, shrubby seedbox (Ludwigia suffruticosa), West Indies meadow-beauty (Rhexia cubensis), lace-lip ladies’-tresses (Spiranthes laciniata), Carolina goldenrod (Solidago pulchra)*, Pickering’s dawnflower (Stylisma pickeringii var. pickeringii). RARE ANIMALS: southern hognose snake (Heterodon simus), coachwhip (Masticophis flagellum), red-cockaded woodpecker (Picoides borealis), eastern fox squirrel (Sciurus niger). *Only in Pender County at this site REFERENCES: DuMond, D.M. 1977. Rare plant survey: proposed Northeast Cape Fear River disposal sites. Wilmington District Corps of Engineers, Wilmington, N.C. LeBlond, R.J. 1999. Site survey report: 421 Sand Ridge, Takeda survey site. N.C. Natural Heritage Program, OCCA, DENR, Raleigh, NC. LeBlond, R.J. 2000. Natural Area Inventory of Pender County, North Carolina. N.C. Natural Heritage Program, OCCA, DENR, Raleigh, N.C. Leonard, S.W., and R.J. Davis. 1981. Natural area inventory of 421 Sand Ridge. In Natural Areas Inventory of Pender County, North Carolina, pp. 106-118. Coastal Energy Impact Program (CEIP) Report No. 11, N.C. Coastal Management Program. Schafale, M., A. Weakley, H. LeGrand, and S. Hall. 1993. Natural Heritage site survey report: 421 Sand Ridge, southern portion. N.C. Natural Heritage Program, Office of Conservation and Community Affairs, DENR, Raleigh, N.C. - 4 - 5ITEM: 1 Planning Board - August 4, 2016 5 00 7 6 4 3 1 2 6 I-140 W I-140 EU S H W Y 4 2 1 N C A S T L E H AY N E R D ROCKHILL RD CHAIR RD BLUE CLAY RD PRIVATE K E R R A V E N S U T T O N L A K E R D OLD MILL RD CROWATAN RD HE R M I TAGE RD H O L L A N D D R W I N D S A I L D R SUTTON STEAM PLANT RD A N G U S D R BOUNTIFUL LN C H A D W I C K A V E AP PL E R D F R E D R I C K S O N R D O A K L E Y R D M C D O U G A L D D R L A U R E L D R T E R E S A D R A R L E N E D R J E N O A D R C H A I R R D BELT RD V E L VA D R CARL SEITTER DR W H I T M A N A V E BERMUDA DR C HIP D R V IT A M I N D R O A K L E Y C I R R I V E R S I D E D R D A V I S L N F O R K D R HIGH ST I-140 W P RIV A T E P RIV A TE PRIVATE I-140 E PRIVATE PRIVATE P R I V A T E P RI V A T E P RI V A T E 5,500 Feet®HNC S-632 R-15 I-2 R-20 PD R-10 R-1 5 I-2 RA R-20 PD R-15 R-10 S-632 C a s e : S p e c i a l U s ePermit Re q u e s t : S -6 3 2 E x i s t i n g Z o n i n g /U s e : P r o p o s e d U s e :S it e A d d r e s s : 2 3 0 S u t t o n L a k e R d I-2 /Va c a n t S a n d M i n i n g Parcels within 500 Feet of Case Site ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! C a s e S i t eNeighbor in g Pa r c e l s Zoning ID Physical Addre ss03941 421 HWY N1 2 3 4 5 249 SUTTON LA KE RD 6 4901 421 HWY N74101 421 HWY N - 5 - 1 IT E M : 1 Pl a n n i n g B o a r d - A u g u s t 4 , 2 0 1 6 I-2 R-20 RA PD A-I I-1 R-10 B-2 R-15 AR CZD R-10 O&I SC B-1 CUD I-1 CZD O&I CZD B-1 CUD A-I CUD O&I CZD B-2 I-140 W I-140 E U S H W Y 4 2 1 N C A S T L E H AY N E R D ROCKHILL RD CHAIR RD BLUE CLAY RD PRIVATE S U T T O N L A K E R D O L D M I L L R D CROWATAN RD HER MITAG E R D H O LL A N D D R W I N D S A I L D R SUTTON STEAM PLANT RD A N G U S D R BO UN TI F UL L N C H A D W I C K A V E APPLE RD F R E D R I C K S O N R D O A K L E Y R D M C D O U G A L D D R T E R E S A D R A R L E N E D R J E N O A D R D E K K E R R D BELT RD V E L V A D R CARL SEITTER DR W H I T M A N A V E R I T T E R D R V IT A M I N D R O A K L E Y C I R L O N G L E A F D R H A R V E S T R D H A R R E L L S L N KENNEDY DR GRANNY RD F O R K D R HIGH ST I-140 W P RIV A T E I-140 EPRIVATE PRIVATE PRIVATE P R I V A T E PRIVATE P RI V A T E PRIVATE P RI V A T E 5,500 Feet®HNC S-632 C a s e : S p e c i a l U s ePermit Re q u e s t : S -6 3 2 E x i s t i n g Z o n i n g /U s e : P r o p o s e d U s e :S it e A d d r e s s : 2 3 0 S u t t o n L a k e R d I-2 /Va c a n t S a n d M i n i n g Zoning Districts A-I AR B-1 B-2 EDZD I-1 I-2 O&I PD R-10 R-15 R-20 R-20S R-7 RA RFMU SC Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) In co r p o ra t e d A r e a s SH O D - 6 - 1 IT E M : 1 Pl a n n i n g B o a r d - A u g u s t 4 , 2 0 1 6 Conser vation Ar ea Transition Aquifer Resource Protection Ar ea Wetland Resource Protection Area Natural Heritage Resource Protection Ar ea Wa tershed Resource Protection I-140 E I-140 W U S H W Y 4 2 1 N C A S T L E H A Y N E R D ROCKHILL RD CHAIR RD BLUE CLAY RD PRIVATE K E R R A V E N S U TT O N L A K E R D OLD MILL RD CROWATAN RD HERMITAGE RD H O L L A N D D R W I N D S A I L D R SUTTON STEAM PLANT RD BOUNTIFUL LN A N G U S D R C H A D W I C K A V E APPLE RD F R E D RI C K S O N R D L A U R E L D R OAKLEY RD T E R E S A D R M C D O U G A L D D R A R L E N E D R H O R N E P L A C E D R D E K K E R R D C H A I R R D BELT RD CARL SEITTER DR G A R D N E R D R JAMAICA DR R I T T E R D R W H I T M A N A V E BERMUDA DR V IT A M I N D R C HIP D R R I V E R S I D E D R L O N G L E A F D R RAQUETTE LAKE DR H A R R E L L S L N CALADAN RD T R I B U T A R Y C I R KENNEDY DR S W A R T V I L L E R D D A V I S L N N E S S D R F O R K D R HARNETT AVE ALVERNIA DR S A S S A N Q U A R D FAIRFIELD DR DAVID CT TRANQUILITY LN I-140 E PRIVATE P RIV A T E P R I V A T E PRIV ATE PRIVATE P RIV A T E P RIV A TE P RI V A T E PRIVATE P R I V A T E P R I VAT E P RIV A TE PRIVATE PRIVATE P R I V A T E P RIV A T E 5,500 Feet®HNC S-632 C a s e : S p e c i a l U s ePermit Re q u e s t : S -6 3 2 E x i s t i n g Z o n i n g /U s e : P r o p o s e d U s e :S it e A d d r e s s : 2 3 0 S u t t o n L a k e R d I-2 /Va c a n t S a n d M i n i n g CA M A C l a s s i f i c a t i o n s Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural - 7 - 1 IT E M : 1 Pl a n n i n g B o a r d - A u g u s t 4 , 2 0 1 6 I-140 W I-140 E U S H W Y 4 2 1 N C A S T L E H AY N E R D ROCKHILL RD CHAIR RD BLUE CLAY RD PRIVATE K E R R A V E N S U T T O N L A K E R D OLD MILL RD CROWATAN RD HE R M I TAGE RD H O L L A N D D R W I N D S A I L D R SUTTON STEAM PLANT RD A N G U S D R BOUNTIFUL LN C H A D W I C K A V E AP PL E R D F R E D R I C K S O N R D O A K L E Y R D M C D O U G A L D D R L A U R E L D R T E R E S A D R A R L E N E D R J E N O A D R C H A I R R D BELT RD V E L VA D R CARL SEITTER DR W H I T M A N A V E BERMUDA DR C HIP D R V IT A M I N D R O A K L E Y C I R R I V E R S I D E D R D A V I S L N F O R K D R HIGH ST I-140 W P RIV A T E P RIV A TE PRIVATE I-140 EPRIVATE PRIVATE PRIVATE P R I V A T E P RI V A T E P RI V A T E 5,500 Feet®HNC S-632 Sewer Collector Water Distribution Main Urban Services Area C a s e : S p e c i a l U s ePermit Re q u e s t : S -6 3 2 E x i s t i n g Z o n i n g /U s e : P r o p o s e d U s e :S it e A d d r e s s : 2 3 0 S u t t o n L a k e R d I-2 /Va c a n t S a n d M i n i n g MARK E T S T ^I-140 I-140 I- 4 0 RIVER RD U S H W Y 421 C A R O L I N A B E A C H S I D B U R Y R D MARKET ST CA S T L E H AY N E R D BLUE CLAY RD COLLEGE RD S H O L L Y S H E L T E R R D OLEANDER DR EASTWOOD RD S H I P Y A R D B LV I-40 E R I V E R R D DOW RD S WHITE RD BEACH RD S *Site In USB* Urban Services Area - 8 - 1 IT E M : 1 Pl a n n i n g B o a r d - A u g u s t 4 , 2 0 1 6 APPLICANT MATERIALS - 9 - 1ITEM: 1 Planning Board - August 4, 2016 - 9 - 2ITEM: 1 Planning Board - August 4, 2016 PROPOSED SITE PLAN - 10 - 1ITEM: 1 Planning Board - August 4, 2016 - 10 - 2ITEM: 1 Planning Board - August 4, 2016 - 11 - 1ITEM: 1 Planning Board - August 4, 2016 - 11 - 2ITEM: 1 Planning Board - August 4, 2016 Page 1 of 4 SUP (4/10) APPLICATION # _____________ Petitioner Information Property Owner(s) If different than Petitioner Subject Property Name Owner Name Address Company Owner Name 2 Parcel ID Address Address Area City, State, Zip City, State, Zip Existing Zoning and Use Phone Phone Proposed Use Email Email Land Classification SUBMISSION REQUIREMENTS PLEASE READ SECTIONS 70 and 71 of the Zoning Ordinance prior to submission. For high density residential projects, please also refer to the High Density application and also note the proposal must be reviewed by the Technical Review Committee prior to submission for consideration by the Planning Board. Applications MUST be reviewed by Planning & Zoning staff for completeness prior to acceptance. When Special Use Permits are required for uses more or less accessory to a residential use (i.e., in-home child daycare) or for single-wide mobile homes as required, a fee of $150.00 is required. All other Special Use Permits require a fee of $400.00. This fee, payable to New Hanover County, MUST accompany this petition. 1.No application will be accepted unless accompanied by a plan of the proposed use and lot drawn to scale to be used as evidence in support of the required findings of fact (outlined on page 2 of this application). If submitting plans larger than 11x17, please provide ten (10) copies for the Planning Board meeting. You will be asked for an additional thirteen (13) copies of your site plan if your proposal moves forward to the County Commissioners. Also, please include one (1) reduced copy of the site plan. Digital submission may be substituted when accurate scaling can be assured. The following supplemental information is required: 1One copyof current tax map 2Narrative of proposed use 3Adjacent property owners and uses 4Traffic Impact Analysis (if applicable) 5Site Plan (Ref. Site Plan Checklist) and signed site plan checklist 6Authority for appointment of agent form (The owner or an attorney must handle the case) 7Applicant answers to the questions on the application Note: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The Planning & Zoning, Planning Board, and/or Board of County Commissioners reserve the right to require additional information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with the Zoning Ordinance of the County of New Hanover. NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT SPECIAL USE PERMIT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com CindeeWolf InvistaS.A.R.L.230SuttonLakeRoad DesignSolutions c/oS.T.WootenCorporation 320004.72.0523+ P.O.Box7221 P.O.Box2408 80.4 ac.+/-(Total) Wilmington,NC28406 Wilson,NC27894 I-2 /Vacant 910-620-2374 252-206-8912 /BrianGurganus Sand Mining cwolf@lobodemar.biz brian@stwcorp.com Transition&NHResource - 12 - 1ITEM: 1 Planning Board - August 4, 2016 Page 2 of 4 SUP (4/10) REVIEW PROCEDURES Applications for Special Use Permits (other then for single family dwellings on individual lots) are first referred to the New Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners make final action on the permit application in a quasi-judicial public hearing. Complete petitions and all supplementary information must be accepted by Planning & Zoning, twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina. Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by Planning &Zoning twenty (20) working days before the regularly scheduled Commissioners meeting. Applications for single-family dwellings on individual lots do not require planning board review. What You Must Establish For A Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisﬁes these requirements: (Attach additional pages if necessary) General Requirement #1 The Board must ﬁnd “that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved.” General Requirement #2 The Board must ﬁnd “that the use meets all required conditions and speciﬁcations” of the Zoning Ordinance”. TheprojectislocatedoutintheU.S.Hwy.421industrialcorridoroftheCounty,alongaState collectorroadwithmorethatadequatecapacitytohandlethetrucktraffic.Itisinanexcellent locationforaccessibilitytothemarketsitwillserve.Theamountoftripgenerationislow,and spreadoutthroughtheday.Theproposalisforexpansionofanexistingminingfacility,butthe expansionoftheoperationswillstillrequirepermittingbyavarietyofagenciespriortothe onsetofimprovementsandthebeginningofuse.Theseinclude,butarenotlimitedto,erosion control,stormwatermanagement,miningandairqualitypermits. Thesiteplanhasbeencreatedinaccordancewithalloftherequirementsandregulationsofthe ZoningOrdinanceandwillgothroughmoredetailedreviewandapprovalduringthezoningcompliance permitting.Setbacks,parkingneedsandlandscapingforaestheticshavebeenconsidered.The supplementalrequirementsfortheproposed"highintensityminingoperations"usehavealsobeen incorporated,asnecessary,intotheproposal. - 12 - 2ITEM: 1 Planning Board - August 4, 2016 Page 3 of 4 SUP (4/10) General Requirement #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.” General Requirement #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.” Thesurroundingpropertyusesareindustrialinnature,andthereisexistingminingactivityinthe vicinity.Therehasbeennoevidenceofdiminishedpropertyvaluesinthepastyearsduetothose uses. TheI-2/HeavyIndustrialdistrictisestablishedforthefull-rangeofusesassociatedwith highwaytransportationand/ortheneedforseparationfromresidentialuses.Theclosest residentialdistrictisacrossandtotheEastoftheCapeFearRiver.Policiesforgrowthand economicdevelopmentencouragecontinuedeffortstoattractandretainbusinesses.Theexpected largeinfluxofresidencesinthefutureyearscontinuestodrivehomebuildingandservices provisiondevelopmentneeds.Theimprovementsthatwillberequiredincludeamultitudeofneeds forthematerialsbeingmined.TheI-2districtwasassignedtothisvicinityoftheCountybecause ofpre-existingindustryinthislocation,thelargeopenacreageandthelackofresidentialuses. - 12 - 3ITEM: 1 Planning Board - August 4, 2016 Page 4 of 4 SUP (4/10) SITE PLAN CHECKLIST Check each item to confirm that is included. Application will not be deemed complete without addressing each item. Tract boundaries and total area, plus location of adjoining land parcels and roadways. Existing zoning of the tract and neighboring parcels and proposed tract zoning. Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and site plan outlining area to be occupied by each structure and/or subdivided lot boundaries. For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. Development schedule including proposed phasing. Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of-way dedication, plans for access to and from the tract, location, width and right-of-way for internal streets and location, arrangement and access provision for parking areas. All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and signage. The one hundred (100) year floodplain line, if applicable Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance. Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations, which are the minimum requirements for Special Use Permit, or other limitations on land which may be regulated by State law or Local Ordinance. Any other information that will facilitate review of the proposed change (See Article VII). The Zoning Ordinance in some instances also imposes additional speciﬁc requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each speciﬁc requirement found in Section 72, additional restrictions imposed on certain special uses (as applicable). He/She should also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. __________________________________________ ___________________________________ Signature of Petitioner and/or Property Owner Print Name ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ CynthiaWolf/DesignSolutions - 12 - 4ITEM: 1 Planning Board - August 4, 2016 - 12 - 5ITEM: 1 Planning Board - August 4, 2016 - 1 2 - 6 IT E M : 1 Pl a n n i n g B o a r d - A u g u s t 4 , 2 0 1 6 S.T. Wooten Sand Mining Special Use Permit Narrative About S.T. Wooten Founded and headquartered in North Carolina, S.T. Wooten has a 60-year history of corporate citizenship. As a family-owned business, headquartered in Wilson, N.C., the company employs approximately 900 people across the state. Valuing safety, quality and productivity, S.T. Wooten Corporation provides both construction materials and services across central and eastern North Carolina. It produces asphalt and ready mix concrete and offers heavy highway construction, grading, utilities, structures, concrete construction, asphalt paving, design-build, and commercial and residential construction. With a reputation for excellence, S.T. Wooten has been recognized at both the state and national levels for its quality and innovation. About the Site S.T. Wooten currently operates an asphalt plant and an existing borrow pit on a nearby 90-acre tract permitted by NCDENR in 2006. An adjacent 65-acre tract holds a 2012 “reclamation” mining permit, and serves as a source of fill (soil and sand) for the I-140 highway project. The additional 80-acre tract, that is the subject of the proposed Special Use Permit, is being purchased to expand the mining operations. When the highway project is completed, remaining volume of the combined properties will continue to serve as borrow pit / sand mine resources for filling the Duke Power coal ash pond rehabilitation efforts and directly servicing the existing asphalt plant on the adjacent property. As located in a Heavy Industrial (I-2) zone, the site meets all conditions and requirements of the zoning ordinances. Based on its location and purpose, the borrow pit will have little impact on its neighbors and the public. Minimal Impact To prepare the site, tree protection fencing and erosion control measures will be installed. Significant trees within the operations area have been surveyed & will be mitigated if necessary to remove them during clearing for the mining. The CSX Railroad has acknowledged that development of the new site as a borrow pit will not affect the neighboring rail line. - 12 - 7ITEM: 1 Planning Board - August 4, 2016 Although there is no discharge of water from the pits beyond the property boundaries, there is still pumping from area to area while digging. As material is dug from the site, the water is shifted from basin to basin, but stays within the project and should not have any impact on local water quality. However, because this practice is still interpreted as “dewatering,” all mining operations and their associated activities shall be located a minimum of 100 feet from all property lines. Traffic will not exceed the amounts currently generated by the existing pit on the neighboring site. During the pit’s initial use on I-140, the project is approximately a quarter-mile away. For subsequent projects, the site is very close to US-421, a divided four-lane highway and a major thoroughfare. Trucks will cross no residential roads or areas on the short trip between the site and 421. All employee parking will be on site, with two to three employees expected. The pit will be completely enclosed by a security fence. Operations take place during daylight hours, minimizing the impact of noise. Per local, state and federal regulations, dust and silica emissions will be contained to the property by regular water spraying. Engineering controls will be used to mitigate exposure to dust for employees and neighbors. Mining procedures will conform to OSHA and MSHA regulations. These operations cause no odor and no combustible materials will be stored on site. The company has received no complaints regarding the existing pits on the neighboring sites. Public Safety The safety of the pit itself is governed by state and federal agencies. S.T. Wooten’s Experience Modification Rate (EMR) is 0.76, 24 percent better than the national EMR contractor average of 1.00. S.T. Wooten currently operates 13 pits in eastern North Carolina. We are proud of our safety record for these pits and recently earned an MSHA Achievement of Safety, presented by the Mine Safety and Health Administration. S.T. Wooten’s Womble Pit achieved this recognition by logging more than 4,000 employee hours in 2011 with zero “no days lost” injuries. - 12 - 8ITEM: 1 Planning Board - August 4, 2016 Operations Daily operations of digging and loading trucks will produce minimal effects on the public. A minimal amount of traditional excavation equipment will be used, including an excavator and a dredge. Excavation methods will not require dewatering. Based on the high permeability of the soils and topography on the site and our experience at the adjacent sand mine, there will minimal to no runoff from the property. Operations will usually take place during daylight hours, minimizing the impact of noise. The two or three employees required will park on site. Operations will cause no odor. No combustible materials will be stored on site. Per local, state and federal regulations, dust and silica emissions will be contained to the property by regular water spraying. Engineering controls will be used to mitigate exposure to dust for employees and neighbors. Mining procedures will conform to OSHA and MSHA regulations. The company has received no complaints regarding the existing pit on the neighboring site. - 12 - 9ITEM: 1 Planning Board - August 4, 2016 Adjacent Ownership List PARIDOWN1Owner AddressOwner City R03200‐001‐026‐000 OLD MBC OFFICE LLC0 PO BOX 42WRIGHTSVILLE BEACH, NC 28480 R03200‐002‐001‐000 NC COASTAL LAND TRUST131 RACINE DR SUITE 101WILMINGTON, NC 28403 R02300‐001‐006‐000 NEW CENTER PROPERTIES LLC1442 QUADRANT CIR WILMINGTON, NC 28405 R02400‐001‐005‐000 FORTRON INDUSTRIES LLC0 PO BOX 327WILMINGTON, NC 28402 R02400‐001‐008‐000 FORTRON INDUSTRIES LLC4600 421 HWY N PO BOX 327 WILMINGTON, NC 28402 R02400‐001‐038‐000 KOCH RP HOLDINGS II LLC4111 EAST 37TH ST N WICHITA, KS 67220 R03200‐001‐013‐000 MARLEY ISAAC R DOROTHY F215 MARLEY DR CURRIE, NC 28435 R02300‐001‐009‐000 MERRITT GLENN D CYNTHIA M1744 OLD ANDERSON STORE RD WATHA, NC 28471 R02300‐001‐010‐000 YTC PROPERTIES LLC1500 DOUNE ST WINSTON SALEM, NC 27127 R02400‐001‐002‐000 FORTRON INDUSTRIES LLC0 PO BOX 327WILMINGTON, NC 28402 R03200‐001‐035‐000 WIL FERGIE LLC0 PO BOX 10810RALEIGH, NC 27605 R02300‐001‐015‐000 OHIO VALLEY LAND CO INC0 PO BOX 1915WILMINGTON, NC 28402 R03200‐002‐001‐029 WILMINGTON LANDCO LLC3301 BENSON DR SUITE 601RALEIGH, NC 27609 R03200‐001‐034‐000 WIL FERGIE LLC0 PO BOX 10810RALEIGH, NC 27605 R02400‐001‐003‐000 DLH HOLDINGS LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐039‐000 WILBARA LLC118 35TH ST E SAVANNAH, GA 31401 R02400‐001‐037‐000 KOCH RP HOLDINGS II LLC4111 EAST 37TH ST N WICHITA, KS 67220 R02400‐001‐001‐002 ARTEVA SPECIALTIES S A R L 0 PO BOX 2936WICHITA, KS 67201 R02400‐001‐009‐000 DLH HOLDINGS LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R03200‐001‐036‐000 OLD NORTH STATE PROPERTIES LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐041‐000 SEAMIST PORPERTIES LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐043‐000 SEAMIST PROPERTIES LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐042‐000 SEAMIST PROPERTIES LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R02400‐001‐006‐000 FORTRON INDUSTRIES LLC0 PO BOX 327WILMINGTON, NC 28402 R02400‐001‐004‐000 S T WOOTEN CORP0 PO BOX 2408WILSON, NC 27894 R02400‐001‐001‐001 UNION CARBIDE IND GASES INC39 OLD RIDGEBURY RD DANBURY, CT 06810 R02400‐001‐007‐000 BGM PROPERTIES LLC403 VICTOR HUGO DR CARY, NC 27511 R02400‐001‐010‐000 DLH HOLDINGS LLC3807 PEACHTREE AVE SUITE 200 WILMINGTON, NC 28403 R03200‐001‐012‐000 OLD MBC OFFICE LLC0 PO BOX 42WRIGHTSVILLE BEACH, NC 28480 R03200‐001‐018‐000 REM SERVICES INC0 PO BOX 33424CHARLOTTE, NC 28233 R02300‐002‐001‐000 CAROLINA POWER & LIGHT CO0 PO BOX 1551RALEIGH, NC 27602 R03200‐001‐021‐000 NEW HAN CNTY230 GOVERNMENT CENTER DR SUITE 190 WILMINGTON, NC 28403 R02400‐001‐001‐000 INVISTA S.A.R.L.4123 37TH ST E WICHITA, KS 67220 R02400‐001‐040‐000 S T WOOTEN CORPORATION3801 BLACK CREEK RD WILSON, NC 27894 R02300‐001‐005‐001 TAR RIVER INVESTMENTS LLC0 PO BOX 5310VIENNA, WV 26105 R01500‐002‐001‐001 NEW HAN CNTY230 GOVERNMENT CENTER DR SUITE 190 WILMINGTON, NC 28403 R03200‐002‐001‐010 GENERAL SHALE BRICK INC0 PO BOX 3547JOHNSON CITY, TN 37602 R03200‐002‐001‐014 BUENA VISTA SUN LLC0 PO BOX 1320WILMINGTON, NC 28402 R03200‐002‐011‐000 WILMINGTON LANDCO LLC3301 BENSON DR SUITE 601RALEIGH, NC 27609 - 12 - 10ITEM: 1 Planning Board - August 4, 2016 - 1 2 - 1 1 IT E M : 1 Pl a n n i n g B o a r d - A u g u s t 4 , 2 0 1 6 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: August 4, 2016 TECHNICAL REVIEW COMMITTEE REPORT ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): Brad Schuler; Sam Burgess, Senior Planner; and Ben Andrea, Current Planning/Zoning Supervisor SUBJECT: TECHNICAL REVIEW COMMITTEE REPORT FOR JULY 2016 (Brad Schuler) BRIEF SUMMARY: The New Hanover County Technical Review Committee (TRC) met once during the month of June and reviewed one performance residential project - Deer Crossing: Phase 3. The report and accompanying plan are attached. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: July 2016 NHC TRC Report Package ITEM: 2 Planning Board - August 4, 2016 JULY 2016 TRC REPORT Page 1 TECHNICAL REVIEW COMMITTEE REPORT JULY, 2016 New Hanover County’s Technical Review Committee (TRC) met once in July and reviewed one performance residential project. Deer Crossing: Phase 3 Deer Crossing is located in the southern portion of our jurisdiction and is classified as General Residential on the County’s adopted 2016 Comprehensive Plan. The 39 lot project is located near the 6500 block of Myrtle Grove Road, west side. The developer for the project requested a second, one year extension to the preliminary site plan approved by TRC June, 2015. Preliminary site plan extension requests are considered by TRC based on current market conditions and other factors as stated by the developer. Site Plan Attributes  Zoning: R-15 Residential  Water Service: Public (CFPUA)  Sewer Service: Public (CFPUA)  Road Design: Private  Acreage 7.42  Access: Myrtle Grove Road (public)  Conservation Resources: None (this phase) In a vote of 5-0, the TRC approved a second, one year preliminary extension to Deer Crossing: Phase 3 with the following conditions: 1) No gates, traffic calming devices, or on-street parking permitted unless reviewed by TRC. 2) The 16’ access easement serving lots 9 7 10 will require a width of 30’ as prescribed in the County’s Zoning Ordinance. 3) The pedestrian crosswalk beginning at the entrance to Oak Canopy Drive and extending to the sidewalk on Deer Hill Drive will need to be coordinated with NCDOT and displayed on the updated site plan. 4) Utility work will need to be coordinated with the CFPUA regarding future and existing utilities along with significant trees. 5) The road connection between phases 2 & 3 will need to be constructed prior to final plat approval. 6) Several significant trees are scheduled for removal. A written tree mitigation plan will need to be submitted to Planning staff prior to the issuance of a sedimentation/erosion control permit thru County Engineering. 7) The street name Eco Drive needs to be adjusted to Eco Circle to reflect the curvilinear nature of the street. 8) Please note that a ten (10) foot pedestrian/multi-use path within the Myrtle Grove right-of- way has been reserved – west side in coordination with the adopted Greenway Plan. - 1 - 1ITEM: 2 Planning Board - August 4, 2016 - 1 - 2 ITEM: 2 Planning Board - August 4, 2016